This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

50849

Vol. 62, No. 188

Monday, September 29, 1997

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 783

Commodity Credit Corporation

7 CFR Part 1478

RIN 0560–AF17

Tree Assistance Program

AGENCY: Farm Service Agency and

Commodity Credit Corporation, USDA.

ACTION: Interim rule.

SUMMARY: This interim rule sets forth

the regulations necessary for

implementing the 1997 Tree Assistance

Program (TAP). The Act Making

Emergency Supplemental

Appropriations for Recovery from

Natural Disasters for the Fiscal Year

ending September 30, 1997, (The Act)

authorized TAP assistance to small

orchardists to replace or rehabilitate

trees and vineyards damaged by natural

disasters. Due to limited funds

appropriated for this program, the losses

for which reimbursement is sought are

limited to natural disasters that

occurred between October 1, 1996, and

September 30, 1997. Cost-share

assistance may not exceed 100 percent

of the eligible replacement or

rehabilitation costs and may be based on

average costs or the actual costs for the

replanting practices, as determined by

the Deputy Administrator for Farm

Programs.

DATES: Interim rule effective September

24, 1997. Written comments on this rule

must be received on or before October

29, 1997 to be assured of consideration.

Comments on the information

collections in this rule must be received

on or before November 28, 1997 in order

to be assured of consideration.

ADDRESSES: Submit written comments

to: David M. Nix, Compliance and

Production Adjustment Division

(CPAD), Farm Service Agency (FSA),

USDA, 1400 Independence Avenue,

S.W., STOP 0517, Washington, DC

20012–0517, telephone (202) 690–4091,

e-mail address: dnix@wdc.fsa.usda.gov.

Comments may be inspected in the

Office of the Director, Compliance and

Production Adjustment Division

(CPAD), Farm Service Agency (FSA),

USDA, Room 3630 South Building,

Washington, D.C., between 7:30 a.m.

and 4:30 p.m., Monday through Friday,

except holidays.

FOR FURTHER INFORMATION CONTACT:

David M. Nix at the above listed

address.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule has been determined

to be not significant and was not

reviewed by the Office of Management

and Budget (OMB) under Executive

Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act is not

applicable to this rule because the Farm

Service Agency (FSA) is not required by

5 U.S.C. 553 or any other provision of

law to publish a notice of proposed

rulemaking with respect to the subject

matter of this rule.

Environmental Evaluation

An Environmental Evaluation with

respect to the Tree Assistance Program

has been completed. It has been

determined that this action is not

expected to have a significant impact on

the quality of the human environment.

In addition, it has been determined that

this action will not adversely affect

environmental factors such as wildlife

habitat, water quality, air quality, and

land use and appearance. Accordingly,

neither an Environmental Assessment

nor an Environmental Impact Statement

is needed.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which require intergovernmental

consultation with State and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115 (June 24, 1983).

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1995, FSA will submit

an emergency information request (ICR)

to OMB for the approval of the Tree

Assistance Program reports as necessary

for the proper functioning of the

program.

Title: Tree Assistance Program.

OMB Control Number: 0560-NEW.

Type of Request: Emergency.

Abstract: Persons who suffered losses

according to this part are required to

provide information regarding their

operation, losses that occurred and the

action that will or has been taken as a

result of those losses.

USDA has submitted to the Office of

Management and Budget proposed

forms to be used for application and

contract and for collection of

information relating to resource needs.

Form CCC–435, Tree Assistance

Program Technical Worksheet, is used

for the collection of data and calculation

of losses of eligible trees and eligible

vines due to natural disaster. Form

CCC–436, TAP Eligibility Certification

Statement, is used for owner

certification that the owner owns no

more than 500 acres of eligible trees or

eligible vines, and had an annual

qualifying gross revenue of no more

than $2.5 million for the 1996 tax year.

Estimate of Burden: Public reporting

for this information collection is

estimated to average 20 minutes per

applicant.

Respondents: Owners of eligible trees

and eligible vines who suffered losses

from natural disasters.

Estimated Number of Respondents:

1,000.

Estimated Number of Responses per

Respondent: 2.

Estimated Total Annual Burden on

Respondents: 333 hours.

Proposed topics for comment include:

(a) Whether the collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information will have practical utility;

(b) the accuracy of the agency’s estimate

of burden including the validity of

methodology and assumptions used; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; or (d) ways to minimize the

burden of the collection of information

on those who are to respond, including

through the use of appropriate
50850 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

automated, electronic, mechanical, or

other technological collection

techniques or other forms of information

technology.

Comments regarding this information

collection requirement may be directed

to the Office of Information and

Regulatory Affairs of OMB, Attention:

Desk Officer for USDA, Washington,

D.C. 20503, and to David M. Nix. All

responses to this notice will be

summarized and included in the request

for OMB approval. All comments will

also become a matter of public record.

OMB is required to make a decision

concerning the collection(s) of

information contained in this interim

rule between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not affect the

deadline for the public to comment to

the Department on the interim

regulations.

Executive Order 12988

This rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this rule preempt

State law to the extent that such laws

are inconsistent with the provisions of

this rule. The provisions of this rule are

retroactive to October 1, 1996. Before

any judicial action may be brought

regarding the provisions of this rule, the

administrative remedies must be

exhausted.

Executive Order 12612

It has been determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment. The

provisions contained in this rule will

not have a substantial direct effect on

States or their political subdivisions or

on the distribution of power and

responsibilities among the various

levels of government.

Unfunded Mandates Reform Act of

1995

This rule contains no Federal

mandates under the regulatory

provisions of Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

for State, local, and tribal governments

or the private sector. Therefore, this rule

is not subject to the requirements of

sections 202 and 205 of the UMRA

regulations.

Background

This interim rule sets forth the terms

and conditions under which owners of

eligible trees and eligible vines who

suffered a loss as a result of a natural

disaster may apply for benefits to

compensate for this loss. Congress has

mandated the Secretary to make

available up to $9 million to replace or

rehabilitate eligible trees and eligible

vines damaged by natural disasters.

Owners eligible for TAP may be

reimbursed up to 100 percent of the cost

incurred to replace or rehabilitate

eligible trees or eligible vines.

List of Subjects in 7 CFR Part 783 and

Part 1478

Disaster assistance, Grant programs—

agriculture.

For reasons set forth in the preamble

and under the authority of Pub. L. 105–

18, (111 Stat. 158), 7 CFR Chapters VII

and XIV are amended as follows:

PART 1478—[REMOVED]

1. Part 1478 is removed.

2. Part 783 is added to read as follows:

PART 783—1997 TREE ASSISTANCE

PROGRAM

Sec.

783.1 Applicability.

783.2 Administration.

783.3 Definitions.

783.4 Program deadlines.

783.5 Ownership, income and payment

limitations.

783.6 Qualifying loss.

783.7 Eligible costs.

783.8 Application process.

783.9 Obligations of an eligible owner.

783.10 Partial performance.

783.11 Liens and claims of creditors; setoffs.

783.12 Appeals.

783.13 Misrepresentation and scheme or

device.

783.14 Estates, trusts, and minors.

783.15 Death, incompetency, or

disappearance.

783.16 Other regulations.

783.17 Paperwork Reduction Act assigned

numbers.

Authority: Pub. L. 105–18, 111 Stat. 158.

§ 783.1 Applicability.

The regulations in this part set forth

the terms and conditions of the Tree

Assistance Program (TAP) authorized by

the Act Making Emergency

Supplemental Appropriations for

Recovery from Natural Disasters for the

Fiscal Year ending September 30, 1997

(1997 Emergency Appropriations Act).

Within specified limits, FSA is

authorized by the 1997 Emergency

Appropriations Act to reimburse eligible

owners for up to 100 percent of the cost

of replanting or rehabilitating eligible

trees and eligible vines damaged by

natural disasters occurring from October

1, 1996, through September 30, 1997.

§ 783.2 Administration.

(a) This part shall be administered by

the Farm Service Agency (FSA) under

the general direction and supervision of

the Deputy Administrator for Farm

Programs, FSA. The program shall be

carried out in the field by FSA State and

county committees (State and county

committees).

(b) State and county committees, and

representatives and employees thereof,

do not have the authority to modify or

waive any of the provisions of the

regulations in this part, as amended or

supplemented.

(c) The State committee shall take any

action required by this part which has

not been taken by the county committee.

The State committee shall also:

(1) Correct, or require a county

committee to correct, any action taken

by such county committee which is not

in accordance with this part; or

(2) Require a county committee to

withhold taking any action which is not

in accordance with this part.

(d) The State committee shall allow

the county committee to approve

applications only for those owners of

eligible trees and eligible vines who

actually owned the eligible trees or

eligible vines at time of the eligible

disaster and at the time of application.

(e) No delegation herein to a State or

county committee shall preclude the

Deputy Administrator for Farm

Programs, FSA, or a designee, from

determining any question arising under

the program or from reversing or

modifying any determination made by a

State or county committee.

§ 783.3 Definitions.

(a) In determining the meaning of the

provisions of this part, unless the

context indicates otherwise, singular

terms include the plural and plural

terms include the singular, masculine

terms include the feminine, and terms

used in the present tense include the

future.

(b) The following terms contained in

this part shall have the following

meanings:

Annual gross revenue means, with

respect to a person as defined in part

1400 of this title:

(1) For a person who receives more

than 50 percent of such person’s gross

income from farming, ranching, and

forestry operations, the total gross

income received from such operations.

(2) For a person who receives 50

percent or less of such person’s gross

income from farming, ranching, and

forestry operations, the total gross

income from all sources.

(3) The determinations made in

accordance with 7 CFR part 1400,
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50851

subpart B, shall include all entities in

which an individual or entity has an

interest, whether or not such entities are

engaged in farming.

(4) The year for which the annual

gross income shall be received for the

purpose of this definition shall be the

1996 tax year.

Cutting means a vine which was

planted in the ground for commercial

production of grapes, kiwi fruit, or

passion fruit.

Eligible owner means an individual,

partnership, corporation, association,

estate, trust, or other business enterprise

or legal entity and includes any Indian

tribe under the Indian SelfDetermination and Education

Assistance Act; any Indian organization

or entity chartered under the Indian

Reorganization Act; any tribal

organization under the Indian SelfDetermination and Assistance Act; and,

any economic enterprise under the

Indian Financing Act of 1974 which

meets the requirements of this part.

Eligible trees means papaya trees or

orchard trees grown for commercial

production of fruit and nuts.

Eligible vines means grape, kiwi fruit,

or passion fruit vines grown for

commercial production.

Individual stand means an area of

eligible trees or vines which are tended

by an eligible owner as a single

operation, whether or not such trees or

vines are planted in the same field or

similar location, as determined by the

Deputy Administrator. Differing species

of trees or vines in the same field or

similar area may be considered to be

separate individual stands if FSA

determines that the species have

significantly differing levels of freeze,

drought, earthquake, hurricane, or

typhoon susceptibility.

Local county office means the county

FSA office or USDA Service Center that

services the farm if an FSA farm serial

number has been assigned or, if no

serial number is assigned, then the

office that services the county in which

the eligible trees or vines are located.

Natural disaster means drought,

excessive moisture, hail, freeze, tornado,

hurricane, earthquake, or excessive

wind.

Normal mortality means the

percentage of plant loss on the

individual stand of eligible trees or

eligible vines which normally occurs in

a 12-month period.

Orchard means eligible trees planted

for commercial annual production of

fruit or nuts.

Owner means a person who has legal

ownership of the eligible trees or vines

as determined by FSA. Eligible tree or

vine owners need not own the land on

which the trees or vines are planted.

Seedling means an eligible tree which

was planted in the ground for

commercial purposes.

Total mortality means the actual

percentage of eligible tree or eligible

vine losses on a given individual stand.

(c) The definitions set forth in this

section shall be applicable for all

purposes of administering the Tree

Assistance Program. The terms defined

in part 718 of this chapter shall also be

applicable, except where those

definitions conflict with the definitions

set forth in this section.

§ 783.4 Program deadlines.

(a) A request for benefits under this

part to reimburse for losses to eligible

trees and eligible vines must be

submitted to FSA at the local county

office by close of business on Friday,

September 26, 1997.

(b) All related and supporting

documentation shall be submitted at the

time the request for assistance is filed or

no later than September 30, 1997.

(c) The State committee shall allow

the county committee to approve latefiled requests received after the

enrollment period ends, but no later

than September 30, 1997. Late-filed

requests will be accepted only for those

owners who applied late due to

circumstances beyond their control as

determined by the county committee

and concurred with by the State

committee.

(d) The State committee may approve

an extension, not to exceed 24 months

beyond the date of application, to

complete TAP practices if delays are

determined to be beyond the control of

the applicant.

§ 783.5 Ownership, income and payment

limitations.

(a) An eligible owner must:

(1) Own less than 500 acres of each

type of eligible tree or eligible vine,

regardless of their size or condition,

which produce annual crops for

commercial purposes, or are grown for

harvest for commercial purposes; and

(2) Have owned the eligible trees or

eligible vines at the time the natural

disaster occurred and continuously

until the application for TAP benefits is

submitted.

(b) No person, as defined in part 1400

of this title, as applicable, with an

annual gross revenue in excess of $2.5

million for the 1996 tax year will be

eligible for TAP benefits.

(c) The amount of payments which

any person, as determined in

accordance with part 1400 of this title,

may receive under this part in

connection with losses of eligible trees

and eligible vines, shall not exceed

$25,000.

(d) An owner who acquires eligible

trees or eligible vines from a previous

owner approved for 1997 TAP shall not

receive additional program benefits due

to an increase in the number of persons

associated with the new ownership. A

new owner is allowed to receive TAP

benefits not paid to the previous owner

if the new owner:

(1) Acquires ownership of land or

trees for which TAP benefits have been

approved;

(2) Meets the income and payment

limitation under this part;

(3) Agrees to complete all practices

which the original owner has not

completed; and

(4) Agrees to receive any remaining

payments and assumes full

responsibility for all provisions of TAP,

including refund of payments made to

the previous owner, if necessary.

(e) In the event the total amount of

claims submitted under this part during

the sign-up period exceeds the

applicable funds available for such

period, such payments shall be reduced

by a uniform national percentage. Such

payment reductions shall be applied

after the imposition of applicable

payment limitation provisions.

(f) Federal, State, and local

governments and agencies and political

subdivisions thereof are not eligible for

benefits under this part.

§ 783.6 Qualifying loss.

(a) An eligible owner may receive

assistance under this part for qualifying

loss of eligible trees, eligible orchard

tree seedlings, eligible vines or cuttings

as determined by the Deputy

Administrator for Farm Programs, FSA:

(1) Which were destroyed or injured

as a result of a natural disaster, as

determined by the county committee in

accordance with the instructions of the

Deputy Administrator; and

(2) For which the total mortality rate

equals or exceeds 20 percent, after

deducting the normal mortality the

owner would have incurred.

(b) Qualifying loss determinations

shall be made on an individual stand

basis. A qualifying loss shall be the loss

for the individual stand of eligible trees,

or eligible vines, as appropriate, after

deducting the normal mortality of such

trees or vines, equal to or in excess of

20 percent mortality.

(c) Qualifying losses of eligible trees

or vines shall not include:

(1) Losses which could have been

prevented through readily-available

horticultural measures; or

(2) Losses of trees or vines which

would normally have been rehabilitated
50852 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

or replanted within the 12-month period

following the loss, in the absence of the

natural disaster.

(d) When visible evidence of losses no

longer exists on the site where the

eligible trees or eligible vines were

planted, acceptable evidence as

determined in accordance with

instructions issued by the Deputy

Administrator must be established for

the county committee to qualify the

individual stand for the program.

§ 783.7 Eligible costs.

(a) Payments will be made only to the

extent specifically provided for in this

part. An eligible owner shall be

reimbursed under this part, to the extent

of the availability of funds, for an

amount not to exceed 100 percent of the

eligible costs of replanting or

rehabilitating trees or vines, not in

excess of the number of trees or vines

constituting the qualifying loss. Such

reimbursement may be based on average

costs or the actual costs for the

replanting, or rehabilitating practices, as

determined by the Deputy

Administrator. If the costs are to replace

eligible trees or eligible vines, the costs

reimbursed under this part shall only be

for replacement seedlings or cuttings of

a size and quality determined by Deputy

Administrator to be sufficient for that

purpose. The costs for which costsharing shall be permitted shall only be

the costs of:

(1) The seedlings or cuttings, eligible

tree or vine rehabilitation measures;

(2) Site preparation measures and

debris handling measures that are

normal cultural practices for the type of

individual stand being re-established

and necessary to ensure successful plant

survival;

(3) Chemicals and nutrients if needed

to ensure successful plant survival; and

(4) Labor used to physically plant or

rehabilitate such seedlings or cuttings as

based on standard labor rates as

determined by the county committee.

(b) Costs eligible for reimbursement

under this part specifically exclude

items such as fencing, irrigation,

irrigation equipment, measures to

protect seedlings from wildlife, and

general land and eligible tree or vine

stand improvements, and re-establishing

structures and windscreens.

(c) When eligible trees or eligible

vines are replanted instead of

rehabilitated, the types planted may be

different than those originally planted if

the new types have the same general

end use as determined by the county

committee. Payments will be based on

the lesser of rates established to plant

the types actually lost or the cost to

establish the trees or vines actually

used. Eligible costs shall not include

costs incurred for planting species of

seedlings or cuttings differing

significantly from the species of the

seedlings or cuttings constituting the

qualifying loss except as approved by

the Deputy Administrator. If such

substitution is approved, eligible costs

shall be the lesser of:

(1) The actual eligible costs incurred;

or

(2) The estimated eligible costs which

otherwise would have been incurred to

replant the species constituting the

qualifying loss.

(d) Costs eligible for reimbursement

under this part shall only include

expenditures approved within the limits

set by this part, including, but not

limited to, those limits set forth in

paragraph (a) of this section. Eligible

costs include costs incurred before an

application for payment is submitted.

Eligible costs shall only include those

costs for which the eligible owner has

submitted documentation determined

by the county committee to adequately

document such costs. The county

committee shall limit TAP payments for

eligible costs at the minimum level to

re-establish an individual stand, as

determined by the State committee.

(e) Payments shall not exceed the

lesser of 100 percent of the eligible costs

actually incurred by an eligible

applicant for replanting or rehabilitating

the qualifying loss, or the average cost

to replant or rehabilitate the qualifying

loss, as determined by the Deputy

Administrator.

§ 783.8 Application process.

(a) Applications for payment shall be

filed by the eligible owner with the local

county office and shall contain an

estimate by the applicant of the number

of eligible trees or eligible vines which

constitute the qualifying loss and the

amount of the acreage of the individual

stands with respect to which the loss

was suffered. The applicant must

provide sufficient evidence of the losses

so as to allow the county committee to

determine qualifying losses.

(b)(1) The county committee or a

designee may conduct field reviews to

determine the actual qualifying loss and

the acreage of individual stands with

respect to which the loss was suffered.

The county committee and, if

designated by the county committee, the

county executive director, are

authorized, subject to the provisions of

this part, to approve or disapprove all

applications, subject to the limitations

and conditions of this part, provided the

applicant is not a county committee

member or an FSA employee.

(2) The State committee shall approve

or disapprove applications of the county

committee members and all FSA

employees except applications

submitted by the State Executive

Director, or by a State committee

member.

(3) The Deputy Administrator, or a

designee, shall approve or disapprove

applications of State committee

members and the State Executive

Director.

(4) All applications forwarded to a

higher reviewing authority for

consideration shall be accompanied by

committee recommendations. No

application shall be approved unless the

owner meets all eligibility requirements.

Information furnished by the applicant

and any other information, including

knowledge of the county and State

committee members concerning the

owner’s normal operations, shall be

taken into consideration in making

recommendations and approvals. If

information furnished by the owner is

incomplete or ambiguous and sufficient

information is not otherwise available

with respect to the owner’s farming

operations in order to make a

determination as to the owner’s

eligibility, the owner’s application shall

not be approved until sufficient

additional information is provided by

the owner.

(c) TAP eligibility and payments are

not affected by participation in crop or

tree insurance, or the receipt of any

other payments.

§ 783.9 Obligations of an eligible owner.

(a) Eligible owners must submit a

request for assistance on the approved

form and must also submit all

documentation requested by the

appropriate official as necessary to make

determinations specified in this part.

(b) Eligible owners must:

(1) Comply with all terms and

conditions of this part;

(2) Execute all required documents;

(3) Comply with all applicable

noxious weed laws; and

(4) Complete the TAP practice within

24 months of the date the application is

approved.

(c) In the event of a determination that

a person was erroneously determined to

be eligible or has become ineligible for

all or part of a payment made under this

part for any reason, including a failure

to comply with the terms and

conditions of this part, or other

condition for payment imposed by the

county or State committee or the Deputy

Administrator, such person shall refund

any payment paid under this part

together with interest. Such interest

shall be charged at the rate determined
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50853

for late payment charges under part

1403 of this title and computed from the

date of disbursement of the payment to

the date of the refund.

(d) Eligible owners must allow

representatives of FSA to visit the site

for the purposes of examining and

certifying mortality and practice

completion.

§ 783.10 Partial performance.

(a) Participants may elect not to

replant the maximum amount of eligible

trees or eligible vines because of

imposition of the payment limitation in

§ 783.5(c) or any other reason. If owners

partially complete their practices after

they apply, but do not replant or

rehabilitate all of their qualifying trees

or vines, the county committee shall

calculate payment based on the extent

performed.

(b) Eligible owners who have been

paid but choose not to complete the

practice by the final practice expiration

date shall refund their payments with

interest. Interest on these refunds shall

be calculated beginning on the date the

payment was disbursed. Such refund

amounts may be reduced, at the

discretion of the Deputy Administrator,

when only part of the required

replanting practice is not implemented.

§ 783.11 Liens and claims of creditors; setoffs.

Any payment or portion thereof due

any person under this part shall be

allowed without regard to questions of

title under State law, and without regard

to any claim or lien in favor of any

person except agencies of the U.S.

Government. The regulations governing

set-offs and withholdings found at part

792 of this chapter shall be applicable

to this part.

§ 783.12 Appeals.

Any person who is dissatisfied with a

determination made with respect to this

part may make a request for

reconsideration or appeal of such

determination in accordance with the

appeal regulations set forth at part 11 of

this title and part 780 of this chapter.

§ 783.13 Misrepresentation and scheme or

device.

(a) A person shall be ineligible to

receive assistance under this program if

such person is determined by the State

committee or the county committee to

have:

(1) Adopted any scheme or device

which tends to defeat the purpose of

this program;

(2) Made any fraudulent

representation; or

(3) Misrepresented any fact affecting a

program determination.

(b) All moneys paid by CCC under

this part to any such person or to any

other person as a result of such person’s

actions shall be refunded to CCC with

interest together with such other sums

as may become due. The party engaged

in acts prohibited by this section and

the party receiving payment shall be

jointly and severally liable for any

refund due under this section and for

related charges. The remedies provided

to CCC in this part shall be in addition

to other civil, criminal, or

administrative remedies which may

apply.

§ 783.14 Estates, trusts, and minors.

(a) Program documents executed by

persons legally authorized to represent

estates or trusts will be accepted only if

such person furnishes evidence of the

authority to execute such documents.

(b) A minor who is an otherwise

eligible owner shall be eligible for

assistance under this subpart only if

such person meets one of the following

requirements:

(1) The minor establishes that the

right of majority has been conferred on

the minor by court proceedings or by

statute;

(2) A guardian has been appointed to

manage the minor’s property and the

applicable program documents are

executed by the guardian; or

(3) A bond is furnished under which

the surety guarantees any loss incurred

for which the minor would be liable had

the minor been an adult.

§ 783.15 Death, incompetency, or

disappearance.

In the case of death, incompetency or

disappearance of any owner who is

eligible to receive assistance in

accordance with this part, such person

or persons specified in part 707 of this

chapter may receive such assistance.

§ 783.16 Other regulations.

In addition to any other regulations as

may be applicable, the following

regulations shall also apply to this part:

(a) Part 11 of this title, National

Appeals Division Rules of Foreclosure;

(b) Part 12 of this title, Highly

Erodible Land and Wetland

Conservation;

(c) Part 703 of this chapter, Debt

Settlements, Policies and Procedures;

(d) Part 718 of this chapter, Provisions

Applicable to Multiple Programs;

(e) Part 780 of this chapter, Appeal

Regulations;

(f) Part 1400 of this title, Payment

Limitation and Payment Eligibility; and

(g) Part 1404 of this title,

Assignments.

§ 783.17 Paperwork Reduction Act

assigned numbers.

The information collection

requirements of this part have been

submitted to the Office of Management

and Budget (OMB) for purposes of the

Paperwork Reduction Act.

Signed at Washington, D.C., on September

24, 1997.

Bruce R. Weber,

Acting Administrator, Farm Service Agency.

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 97–25739 Filed 9–24–97; 3:39 pm]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV96–916–3 FIR]

Nectarines and Peaches Grown in

California; Revision of Handling

Requirements for Fresh Nectarines

and Peaches

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule finalizes, with a few

spelling corrections, the provisions of

an interim final rule that revised the

handling requirements for California

nectarines and peaches by modifying

the grade, size, maturity, and container

requirements for fresh shipments of

these fruits, beginning with 1997 season

shipments. This rule also corrects

current grade, size and maturity

requirements, primarily by restoring

regulatory text that was inadvertently

misnumbered or omitted during

previous rulemaking actions. This rule

enables handlers to continue shipping

fresh nectarines and peaches meeting

consumer needs in the interest of

producers, handlers, and consumers of

these fruits.

EFFECTIVE DATE: October 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Terry Vawter, Marketing Specialist, or

Kurt J. Kimmel, Regional Manager,

California Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone:(209) 487–5901; Fax: (209)

487–5906; or Anne M. Dec, Marketing

Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2525–S, Washington,

DC 20090–6456; telephone: (202) 720–

2491; Fax: (202) 720–5698. Small