Federal Register - December 12, 1959

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Fuente: Federal Register

10032
such period providing the prescribed pe riod has not expired or has been extended.
4 The actual quantity o f feed grains which an applicant shall be ap proved to purchase shall be determined by computing the maximum quantity of feed grain which may be made available, and deducting from such maximum quantity the total quantity of feed avail able to the applicant for feeding his eligible livestock during the authorized period.
5 The total quantity o f feed avail able to the applicant shall be determined by taking into consideration feed already on hand, the estimate of feed to be pro duced, the grain or feed which is to be delivered under the emergency feed or other emergency programs, and the feed the applicant will otherwise acquire through normal channels without undue financial hardship. In determining the feed available t the applicant, the county committee shall consider the fo l lowing as feed: Feed grains and ensilage, hay and forage including pasture in terms of grain feed value equivalents.
The applicants wheat and rye shall only be considered as feed in areas designated by the Executive Vice President o f CCCi In determining the total quantity of feed available when the applicant is a partnership or a family corporation, the quantity of feed that each partner of the partnership or member of the family corporation has available shall be com bined and taken into consideration. 6 The quantity of feed available to the applicant shall be considered avail able fo r his other livestock in the emer gency county or a contiguous county as well as his eligible livestock, provided that such feed shall be allocated between eligible livestock and such other livestock in accordance with the applicants nor mal feeding operations.
7 The applicants reseal loan grain shall not be considered by the county committee as feed available for either his eligible livestock or his othér livestock.
8 An applicant which is a partner ship shall be eligible, if it meets the standards of eligibility provided in this subpart taking into consideration the resources of each of the partners in the partnership. I f the applicant is a cor poration and the corporation is wholly or substantially i.e., 75 percent or more owned by an individual and those related to him by blood or marriage, the county committee shall disregard the corporate entity for the purpose of determining the eligibility of such applicant to receive assistance and treat the applicant s a partnership composed of the individual and those related to him by blood or mariage. The resources of the individ ual and each stockholder related by blood or marriage must be taken into consideration in determining the eligi bility of the family corporation to receive assistance.
9 The county committee shall base its determinations primarily upon the information supplied by the applicant, but shall take into consideration other information available to it, including knowledge of the committeemen con cerning the applicants normal opera tions. In any case where information
RULES AND REGULATIONS
furnished by the applicant is Incomplete or not clear, the county committee will request such additional information of the applicant as may be necessary. In any case where the personal knowledge of the committeemen of the applicants operations and financial condition does not warrant approval of the application without further information, the county committee shall request the applicant to furnish or may obtain from other sources the additional information it needs to reach a decision.
10 Each Form 65 shall be considered by at least two members of the county committee. The action taken with re spect to each Form 65, except such forms submitted by State and county commit teemen and those involving 500 or more animal units, shall be based upon the combined judgment and decision of two or more members of the county com mittee, and such combined judgment and decision will be indicated in the appropriate space provided on the Form 65. I f the application is rejected, a brief statement of the reasons for such action will be given in the space provided for that purpose. At least two members of the county committee who considered the Form 65 shall sign the original and copy of the form in behalf of the county committee. The original shall be re tained in the county office and a copy delivered to the applicant, showing the action taken.
11 In connection with a Form 65
submitted by State and county commit teemen and those involving 500 or more animal units, the county committee shall make recommendations with re spect to the eligibility of the applicant and the quantity of grain which such applicant is entitled to purchase in i accordance with the standards pre scribed in this subpart. Such recom mendations, together with the Form 65, Shall be referred to such officials in CSS
as may be designated by the Executive Vice President, CCC, to make final de terminations with respect to such appli cations on the basis of the same stand ards and subject to the same limitations as are applicable to the c o u n t y committee.
_ e> Appeals and review of county committee action. An applicant may appeal to the State committee determi nations made by the county commitee as to his eligibility or the quantity of feed grains which he is approved to pur chase. An appeal shall be accompanied by a written statement of the applicants justification together with supporting evidence. The State comriiittee either on its own motion or on appeal is au thorized to review actions taken by the county committee on an appeal basis with respect to the eligibility of an ap plicant or the quantity of grain which he is approved to purchase. No appeal may be had by the applicant from the determination o f the State committee.
475.206

W hen sales shall be made.

Sales shall be made during the period shown on the Form 65.
475.207

Sales made by county offices.

When an owner desires to purchase grain pursuant to an approved applica
tion Form 65, prior to delivery of any grain hereunder, he shall make payment to a county committee by means of an acceptable remittance for the estimated purchase price. Upon determination of the final amount due CCC, any over or underpayment shall be promptly settled between the county committee and the owner.
475.208

Price o f grains.

a . General. Grain shall be priced for sale at the current announced price support rate, including premiums and discounts established for class, grade and quality, for the county in which the grain is delivered, as determined by CCC.
b Current price support rate. The current price support rate shall be as follows:
1 For wheat, oats, rye and barley, the current price support rate shall be the price support rate which is effec tive during the marketing year which begins on July 1 o f the year and ends on June 30 of the following year.
2 For com and grain sorghums, the current price support rate shall be the price support rate which is effective during the marketing year which begins on October 1 of the year and ends on September 30 of the following year.
c Transit billing. Transit billing privileges behind grain delivered to an owner shall not be transferred to him.
d Net quantity. Sales shall be on a net quantity basis.
475.209

Availability o f grain.

CCC reserves the right to determine the quantities, kinds, classes, grades and qualities of CCC-owned grain which will be made available for sale in an emer gency area. The State committee shall be advised by the Executive Vice Presi dent of CCC o f the kinds of grain to be made available for sale in an emergency area. I f the State or county committee has reason to believe that an owner has not fully complied with these regula tions, delivery of grain to him shall be suspended. CCC does not warrant the grade, quality or dockage content of any grain sold under this program, regard less of the basis on which sold nor the fitness of any such grain for any par ticular use.
475.210

Sales o f CCC-owned grain.

CCC reserves the right to determine the delivery point of CCC-owned grain sold under this program. Delivery of CCC-owned grain shall be authorized by issuance of non-transferable delivery orders after payment is received. An owner who wishes to have grain deliv ered to him by CCC ground and/or custom mixed may do so, provided that .the same grain delivered to him is ground or mixed. All charges for grind ing or mixing shall be for the owners account. CCC shall not be responsible for any sacking costs. On all sales basis delivery in store or f.o.b. conveyance the owner shall promptly Jiave the grainspecified in the, delivery order loaded out of the warehouse or the handlers facility into his conveyance unless for good cause CCC agrees to a delay in load-out.
On sales basis delivery in store in a ware house or in a handlers facility, differ-

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Federal Register - December 12, 1959

TítuloFederal Register

PaísEstados Unidos de América

Fecha12/12/1959

Nro. de páginas72

Nro. de ediciones7294

Primera edición14/03/1936

Ultima edición07/05/2024

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