[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Page 10674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5093]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1465

RIN 0578-AA50


Agricultural Management Assistance Program Correction

AGENCY: Commodity Credit Corporation, United States Department of 
Agriculture.

ACTION: Interim final rule; correction.

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SUMMARY: The Commodity Credit Corporation (CCC) published in the 
Federal Register of November 20, 2008, an interim final rule with 
request for comment amending the program regulations for the 
Agricultural Management Assistance (AMA) Program to incorporate 
programmatic changes authorized by the Food, Conservation, and Energy 
Act of 2008 (2008 Act). The language in the interim final rule 
regarding the application of the payment limitation to joint operations 
was incorrect and is inconsistent with payment attributions specified 
in the regulation which governs payment limitations and eligibility 
determinations for CCC-funded programs. This document corrects that 
language.

DATES: This correction is effective on March 12, 2009.

FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial 
Assistance Programs Division, U.S. Department of Agriculture, Natural 
Resources Conservation Service, Room 5237, P.O. Box 2890, Washington, 
DC 20013-2890; Phone: (202) 720-1845; Fax: (202) 720-4265.

SUPPLEMENTARY INFORMATION: The CCC published an interim final rule in 
the Federal Register of November 20, 2008 (73 FR 70245), amending the 
program regulations for the AMA found at 7 CFR part 1465. The language 
in the interim final rule regarding the application of the payment 
limitation to joint operations was incorrect. The AMA interim final 
rule inadvertently applied the $50,000 annual payment limitation to 
joint operations, by applying the payment limitation to the term 
``participants,'' which is defined to include ``joint operations.'' A 
joint operation is composed of members who may be either persons or 
legal entities. As specified under 7 CFR part 1400, payment limitations 
are determined on a pro-rata basis in accordance with the ``interest 
held by the person or legal entity in any other legal entity or joint 
operation.'' Based on how joint operations are characterized in part 
1400.106, the $50,000 annual payment limit applies to each person or 
legal entity that comprises the joint operation. Within the preamble of 
7 CFR part 1465, the discussion on payment limitation should apply 
solely to persons or legal entities. CCC deletes the preamble's 
references to payment limitations applying to joint operations.

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For the reasons stated in the preamble, the CCC amends part 1465 of 
Title 7 of the Code of Federal Regulations as set forth below:

PART 1465--AGRICULTURAL MANAGEMENT ASSISTANCE

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1. The authority citation for part 1465 continues to read as follows:

    Authority: 7 U.S.C. 1524(b).


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2. Section 1465.23 is amended by revising paragraph (d) to read as 
follows:


Sec.  1465.23  Payments.

* * * * *
    (d) The total amount of payments paid to a person or legal entity 
under this part may not exceed $50,000 for any fiscal year.
* * * * *

    Signed this 4th day of March, 2009, in Washington, DC.
Dave White,
Acting Vice President, Commodity Credit Corporation and Acting Chief, 
Natural Resources Conservation Service.
 [FR Doc. E9-5093 Filed 3-11-09; 8:45 am]
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