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T u esd a y, S e p te m b e r 29, 1959

FEDERAL REGISTER

7807

days following acceptance of the offer by CCC at the export payment rates appli 29 CFR
Pa&e cable to the rice exported, determined 401_____________ - __ _____ _____ 7827 in accordance with 481.110, in effect 7827 on the date the offer is accepted.
408____

CODIFICATION GUIDE Con.

42 CFR
Proposed rules:
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43 CFR
Proposed rules:
160 _____
7834
161 ____
7834
192__________________
7834
Public land orders:
1989 _____________________ 7829
1990 ___
7830
1991 ____
7830
1992 __________ si_________ 7831
1993 _________ ____________ 7831

45 CFR
531-----------------------

7832

46 CFR
251-------_---------------------------------- 7832

47 CFR
1_------------------ -------------- _______ 7832
17-------- ------_t ------------------ ------- 7832

50 CFR
34 --------------------------------7833
35 ------------------7833
115-------- ______----------------------- - 7834

Title 6 AGRICULTURAL
% CREDIT
Chapter IV Commodity Stabilization Service and Commodity Credit Cor poration, Department of Agriculture SUBCHAPTER C EXPORT PROGRAMS

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Amdt. 2

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PART 481 RICE
Subpart Rice Export Program;
Payment-In-Kind GR-369
M iscellaneous A mendments
The Terms and Conditions of the Rice E x p o r t ProgramPayment-In-Kind GR-369 23 F.R. 9656 as amended 24 P.R. 4647 are, with regard to any contract resulting from CCCs accept ance of an exporters offer to export rice milled or brown or both which is sub mitted by such exporter on and after the date of publication of this Amendment 2
in the F ederal R egister, and are with regard to any contract resulting from CCCs acceptance of an exporters offer to purchase rough rice with certificates, which is confirmed by a Confirmation of Sale specifying a date of sale which is on and after such date of publication, further amended as follows:
481.105

A m endm ent!

1. Section 481.105a is amended by changing the period to export rice from 180 to 90 days, so that the amended sub section shall read as follows:
a Persons desiring to participate this program shall submit offers as pro vided in 481.106 to export rice milled, or brown, or both during a period of 90

ments in the first paragraph and by amending the second sentence of the sec ond paragraph to read, For the pur poses of assessing liquidated damages, an exportation which has not been made within a period of 90 calendar days be 4 8 1 .1 0 8
A m endm ent!
ginning on the date of CCCs acceptance 2. Section 481.108a is amended by of the exporters offer or which has not changing the export period from 180 to been made by the last day of any exten 90 days in the first paragraph and by sion in time for exportation approved in deleting the second paragraph in its en writing by the Vice President, CCC, tirety so that the amended paragraph whichever date is the later, shall be shall read as follows:
deemed not to have been made at all., a 1 The exporter shall export or so that the amended paragraph shall cause exportation within a 90-day period read as follows:
beginning on the date of CCCs accept c 1 Failure of the exporter to ex ance of the exporters offer or within any port in accordance with the provisions extension thereof approved in writing of his contract with CCC shall constitute by the Vice President, CCC, of milled rice a default of his obligations to CCC. Ex or brown rice to an eligible country in ac portation to an eligible country, and cordance with his contract with CCC. within the period of time specified in If an extension of the 90-day export the exporters contract with CCC or as period is approved, it may be made sub approved by the Vice President, CCC, ject to such reduction in the export pay are of the essence of the contract and ment rate as may be specified by the Vice are conditions precedent to any right to President, CCC.
payment under this program. Exporta 2
Exportation of rice by or to ation to other than eligible country, or United States Government agency1 to or during a period of time other than that in a destination defined as an eligible Specified in the exporters contract with country in 481.150 shall not qualify as CCC or approved in writing by the Vice an exportation to an eligible country for President, CCC, as provided in paragraph the purposes of this program unless ex a of this section, shall not entitle the portation is by or to the Army and Air exporter to any payment under this sub Force Exchange Service or the Panama part. Moreover, if the exporter does Canal Company, and an authorized offi not export the quantity of rice specified cial or employee of such agency certifies in the exporters contract with CCC, ex that the purchase price paid or to be paid cept as provided in 481.109, such breach by such service or such company for the shall give rise to liquidated damages.
rice exported is based in whole or in part Inasmuch as failure of the exporter to upon an export price which reflects an export will cause serious and substantial export allowance under this program losses to CCC, such as damages to CCCs from which such service or company export and price support program, and benefits.
the incurrence of storage, administrative 3> Section 481.108b is amended by and other costs, and it will be difficult, if changing 210 calendar days to 120 not impossible, to prove the exact amount calendar days in the second sentence, of such damages, the exporter shall pay so that the amended paragraph shall to CCC liquidated damages promptly upon demand for each hundredweight read as follows:
of rice not exported at the rate of $1 58
b The exporter shall promptly fur per hundredweight.
nish to CCC evidence of exportation as 2
The foregoing rate is agreed by the specified in section 481.116 hereof. Fail exporter and CCC to be a reasonable esti ure to furnish evidence of exportation mate of the probable actual damages within 120 calendar days from the date that would be incurred by CCC. For the of CCCs acceptance of the exporters purposes of assessing liquidated damoffer or within 30 calendar days from the ages, an exportation which has not been "last date of any extension in time for ex made within a period of 90 calendar days portation approved by the Vice President, beginning on the date of CCCs accept CCC, pursuant to paragraph a of this ance of the exporters offer or which has section, whichever is later, shall consti not been made by the last day of any tute prima facie evidence of failure to extension in time for exportation ap export.
proved in writing by the Vice President whichever date js the later, shali 4.
Section 481.108c is amended byCCC, be deemed not to have been made at all.
deleting the two parenthetical stateIn addition to the foregoing, an exporter may be denied the right to continue 1 United States Government agency means participating in this program for his any corporation wholly owned by the Federal Government and any department bureau, ad failure to export in accordance with the ministration or other unit of the Federal provisions of his contact with CCC.

Government as, for example, the Depart ments of the Army, Navy and Air Force, the International Cooperation Administration, the Army and Air Force Exchange Service, and the Panama Canal Company. Sales of rice to foreign buyers, including foreign gov ernments and not for transfer by such buyer to U.S. Government agency though financed inwith funds made available by a U.S. agency, such as the International Cooperation Ad ministration or the Export-Import Bank, are not sales to a U.S. Government agency.

4 8 1 .1 1 6

A m endm ent!

5. Section 481.116a 4 is amended by deleting the second sentence.
4 8 1 .1 2 0

A m endm ent!

6. Section 481.120 is amended by changing the reference to the Feed Grain Export Program in the first sen tence, so that the sentence reads as follows: The certificate will be redeem-