Document k63XO92VmMjoVbjpqgw3QgBGB

22494 Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 /.Rules and Regulations use for that purpose by the Deputy 729.350 Transfers not to be approved. pursuant to 729.348(a) if it would result Administrator, and filed within the time The county committee shall not in a temporary transfer both to and from periods set forth in this section with the approve: either the receiving farm or transferring county committee in the county where (a) .A transfer of poundage quota by farm during the period beginning on the the farms are administratively located. sale if poundage quota was transferred last date for "spring transfers", ending (a) Record of transfer filed during the to the transferring farm by sale within on December 31. normal planting period ("spring transfers"). In order to be effective the 3 preceding crop years. (b) Temporary transfers by an $ 729.353 Fall transfers. during the normal planting period, a operator for more than one year. In order for any transfer filed after the record of transfer shall be filed by the (c) Permanent transfers by an last date for "spring transfers" date established for that purpose by the operator. established by the State committee to be State committee for the relevant State, (d) Transfers for more than one approved by the county committee, the which date shall not be later than June marketing year Tiled after the date following conditions must be met, as 15, except that for the 1980 crop, the established by the State committee for applicable: date shall be the date established by the "spring transfers" pursuant to (a) Receiving farm. The operator of Deputy Administrator. A record of 729.348(a). the receiving farm must certify and the transfer filed after the date established (e) Transfers of actual or effective county committee must determine that by the State committee for purposes of undermarketings, or of quotas received the poundage quota being transferred is the preceding sentence but prior to July as a result of a reapportionment of not more than will be required to market 1. or prior to the date established by the temporarily released quota or the entire production of peanuts from Deputy Administrator for the 1986 crop, temporarily transferred quotas. the receiving farm as quota peanuts in may nonetheless be considered to be timely filed for a spring transfer, if the county committee finds that: (1) The transfer was agreed upon no later than the date established by the State committee, and (2) The record of transfer was not timely filed with the county committee because of conditions beyond the control of the parties to the transfer. (b) Record of transfer filed after the normal planting period ("fall transfers"). A record of transfer which is filed after the date established by the State committee for-"spring transfers" pursuant to 729.348(a) shall not become effective unless filed not later than December 31 of the current year. A (f) Transfers of poundage quotas to farms with inadequate tillable cropland to produce the poundage quota. 729.351 Consent ot lienholders. A transfer of poundage quota from a farm which the county committee has been informed is subject to mortgage or other lien shall not be approved unless the transfer is agreed to in writing by the lienholder. Any transfer approved by the county committee where there was a lien on the transferring farm shall be cancelled by the county committee effective as of the date of approval if it is determined that the lienholder(s) did not approve the transfer. the current year. The amount so determined shall be limited to the quantity equal to the estimated upgraded pounds yet to be marketed less the quota pounds remaining on the marketing card for the receiving farm. (b) Transferring farm. The operator of the transferring farm must certify and the county committee determine that: (1) The acreage of peanuts planted on the transferring farm was equal to or in excess of the acreage determined by dividing the effective farm poundage quota by the larger of the current farm yield or the highest actual yield for the farm in any one of the preceding three years; and record of transfer filed after December 729.352 Transfer to and from the same (2) The production of peanuts on the 31 but prior to the following January 31 farm (subleasing). transferring farm was limited to less may be considered timely filed by (a) Record of transfer filed during the than the effective farm poundage quota December 31 if the county committee normalplanting period. The county because of conditions beyond the with approval of the State committee committee shall not approve a record of control of the producer. finds that: (1) The transfer was agreed upon no later than December 31, and (2) The record of transfer was not transfer which is filed (or considered filed) on or before the date established by the State committee for "spring transfers" pursuant to 729.348(a) if the 9 729.354 Effect of permanent transfer on quota and/or production history and on determination ot farm poundage quota. timely filed with the county committee approval would result in a transfer both In the event of a permanent transfer of because of conditions beyond the to and from either the. transferring or a quota, the quota and/or production control of the parties to the transfer. receiving farm during the period ending history of the transferring farm shall be (Approved by the Office of Management and Budget under control number 0560-0006) on such date for the same crop year, except that in such instance a record of transfer may be approved if: transferred to the receiving farm in proportion to the quantity of quota which has been so transferred. 729.349 Maximum period ot transfer. (a) Owner transfer. (1) An owner (1) A poundage quota has been transferred temporarily from a farm for 729.355 County committee action. transfer may be approved to a farm one or more years: (a) Approval of transfer. The county owned by such person for a temporary (2) The transfer remains in effect: and, committee shall approve the transfer of period (but not to exceed two successive (3) The farm is combined subsequent poundage quota only if it determines years during the 1986-1990 crop years) to such temporary transfer with another that a timely filed record of transfer has or permanently. farm that is otherwise eligible to receive been received and that the transfer (2) An owner transfer to a farm a poundage quota by transfer. complies with the requirements'of this controlled by such person may be (b) Record of transferfiled after the subpart. A transfer shall not be effective approved.for only one year. normal planting period. The county until approved by the county committee. (b) AH other transfers. Transfers by committee shall not approve a . The county committee may delegate lease and by operator may only be temporary transfer of poundage quota authority to the county executive approved for one year. Multiyear leases which is filed (or considered filed) after director and to other county office and.permanent operator transfers shall the date established by. the State employees to approve transfers of not be permitted. committee for "spring transfers" poundage quotas. GLEASON-000759