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Saturday, October 17, 1959
mendations received in response to such notice have been duly considered.
In order that the Agricultural Stabi lization and Conservation State and county committees may perform their functions in an orderly manner and establish, farm allotments as early as possible prior to the holding of-the cot ton referendum, it is essential that 722.311 to 722.333 be made effective as soon as possible. Accordingly, it is hereby determined and found that com pliance with the 30-day effective date provisions of the Administrative Proce dure Act is impracticable and contrary to the public interest and 722.311 to 722.333 shall be effective upon filing this document with the Director, Office of the Federal Register.
G eneral
Sec.
722.311
722.312
722.313
722.314

Applicability.
Definitions.
Issuance of forms and instructions.
Extent of calculations and rule of fractions.

State
and
Coun tt Allotments
722.315 Apportionment of national allot ment and national reserve among States.
722.318 Apportionment of State allotment among counties.
Establishment of F arm Allotments
722.317 Apportionment of county allot ments among farms.
722.318 Release and reapportionment of cotton allotments.
722.319 Adjustment of allotment bases and determination of acreage history.
722.320 Allotments for special farms.
E xtra L ong Staple Cotton
722.321 Conditions of exemption of extra long staple cotton.
Farm Marketing Q uota and F arm M arketing E xcess
722.322 Notices of farm allotment, market ing quota, and levels of price support.
722-323 Amount of farm marketing quota.
22.324 Amount of farm marketing excess.
722.325 Publication of farm allotments and marketing quotas.
722.326 Successors-in-interest.
722.327 Marketing quotas not transferable.
Miscellaneous P rovisions
722.328

22.329

7ooo30
2-331

Measurement of farms to determine compliance with allotments.
No credit for overplanting the farm allotment.
Availability of records.
Approval of determinations and additional authority for determi nation of farm allotments and 799
farm marketing quotas.
729oo Review o farm allotment.
2-Authority: 722.311 to 722.333 issued tsr>r SeC
32 Stat. 66, as amended, 7
oR, o 1375- Interpret or apply secs. 301, 62-Rif62 365_368> 373, 374, 388, 52 Stat. 38, amended, 68, secs. 342-344, 345 347; 63 Stat. 670, as amended, 674, 675, L a n d e d , sec. 377; 70 Stat. 206, as l3n, sec. 378, 72 Stat. 995; 7 tJ.S.C.
ttfio 21344> 1345-1347, 1361, 1362, 1365 13?3. 1374, 1377, 1378,4388.

G eneral
722.311 Applicability.
a3 e Provisions of 722.311 to 722.333
p y to the 1960 crop of upland cotton.

FEDERAL REGISTER
722.312 Definitions.
As used in 722.311 to 722.333 and in all forms and documents in connection therewith, unless the context or subject matter otherwise requires, the following terms shall have the following meanings and the masculine shall include the feminine and neuter genders and the singular shall include the plural number.
a General terms. 1 Act means the Agricultural Adjustment Act of 1938
and any amendments thereto, heretofore or hereafter made.
2 The terms Secretary, Deputy Administrator, State committee, county committee, community com mittee, State administrative officer, county office manager, operator, and person as defined in Part 718 of this chapter 24 F.R. 4223, as amended, shall apply to the regulations in 722.311 to 722.333.
3 Director means the Director, or Acting Director, Cotton Division, Com modity Stabilization Service, United States Department of Agriculture.
4 Review committee means the group of persons appointed by the Sec retary as a review committee pursuant to section 363 of the act.
5 Upland cotton referred to in 722.312 to 722.333 as cotton means any cotton other than extra long staple cotton.
6 Extra long staple cotton means American-Egyptian, Sea Island, and Sealand cotton, and all other varieties of the Barbadense species, and any hybrid thereof, and any other cotton in which one or more of these varieties predom inates, as provided under section 347a of the act.
7 Abnormal weather conditions means weather conditions including conditions directly resulting therefrom adversely affecting the planting of cot ton which conditions must have been of sufficient duration and intensity to pre vent the seeding of land to cotton and must have continued until the end of the planting season for the area.
8 State and county code means the applicable number assigned by the Commodity Stabilization Service to each State and county for the purpose of identification.
9 The terms cropland, county, farm, and farm serial number as defined in Part 719 of this chapter 23
P.R. 6731, as amended, shall apply to the regulations in 722.311 to 722.333.
b Terms relating to farms. 1
Owner or landlord means a person who owns farmland and rents such land to another person or who operates such land.
2 Cash tenant, standing-rent tenant, or fixed-rent tenant means a person who rents land from another for a fixed amount of cash or a commodity to be paid as rent.
3 Share tenant means a person other than a sharecropper who rents land from another person and pays as rent a share of the crops or the proceeds thereof.
4 Sharecropper means a person who works a farm in whole or in part under the general supervision of the operator and is entitled to receive for his
8431

labor a share of the crops produced thereon or the proceeds thereof.
5 Producer means a person who, as owner or landlord other than the landlord of a standing-rent tenant, fixedrent tenant, or cash tenant, cash ten ant, standing-rent tenant, fixed-rent tenant, share tenant or sharecropper on a farm, is entitled to all or a share of the 1960 crop of cotton produced thereon or of the proceeds thereof.
6 Farm allotment means .the Choice A or Choice B cotton acreage allotment established for a farm, which ever is applicable, under 722.311 to 722.333. Choice B farm allotments, ex ceed Choice A farm allotments by 40
percent. Farm allotments are initially established on the basis of the data for farms as constituted at the time such al lotments are established. Where a farm is subsequently reconstituted for 1960, the farm allotment will be redetermined in accordance w ith the regulations per taining to reconstitution of farms in Part 719 of this chapter 23- F.R. 6731, as amended.
7 Old cotton farm means a farm having an acreage planted to cotton in any one or more of the years 1957, 1958, and 1959 and a cotton allotment other than zero was established for the farm for the year cotton was planted. Re leased allotments shall not be considered as acreage planned to cotton for purposes of determining eligibility of the farm, for allotment as an old cotton farm.
8 New cotton farm means a farm on which cotton is to be planted in 1960
but such farm is not eligible for an allot ment as an old cotton farm.
9 Small farm means a farm for which an allotment, exclusive of alloca tions to the farm from State and county reserves and exclusive of additional acreage authorized if the farm operator elects Choice B allotment for the farm for 1960, is 15 acres or less.
10 Normal yield means the average yield per harvested acre of lint cotton for the farm, adjusted for abnormal weather conditions, during the five cal endar years immediately preceding the year in which such normal yield is deter mined. If for any such year the actual yield data are not available or there was no actual yield, the normal yield for the farm shall be appraised by the county committee taking into consideration ab normal weather conditions, the normal yield for the county, and the yield in years for which data are available. In the case of new cotton farms, the county committee may also take into considera tion the normal yields of other farms in the locality which are similar with respect to soil and other physical factors affect ing the production of cotton.
11 Normal production of any num ber of acres means the normal yield per acre of lint cotton for the farm multi plied by such number of acres.
12 Actual production of cotton on the farm means the total number of pounds of lint cotton determined to have been produced on the farm in 1960.
13 Acreage planted to cotton in the State and county excluding acreage devoted to production of extra long staple cotton fo r . use in establishing State and county allotments means;