7 CFR 718.105 - Tolerances, variances, and adjustments.

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§ 718.105 Tolerances, variances, and adjustments.

(a) Tolerance is the amount by which the determined acreage for a crop may differ from the reported acreage or allotment for the crop and still be considered in compliance with program requirements under §§ 718.102(b)(1), (b)(3) and (b)(5).

(b) Tolerance rules apply to those fields for which a staking and referencing was performed but such acreage was not planted according to those measurements or when a measurement service is not requested for acreage destroyed to meet program requirements.

(c) Tolerance rules do not apply to:

(1) Program requirements of §§ 718.102(b)(2), (b)(4) and (b)(6);

(2) Official fields upon which the entire field is devoted to one crop;

(3) Those fields for which staking and referencing was performed and such acreage was planted according to those measurements; or

(4) The adjusted acreage for farms using measurement after planting which have a determined acreage greater than the marketing quota crop allotment.

(d) An administrative variance is applicable to all allotment crop acreages. Allotment crop acreages as determined in accordance with this part shall be deemed in compliance with the effective farm allotment or program requirement when the determined acreage does not exceed the effective farm allotment by more than an administrative variance determined as follows:

(1) For all kinds of tobacco subject to marketing quotas, except dark air-cured and fire-cured the larger of 0.1 acre or 2 percent of the allotment; and

(2) For dark air-cured and fire-cured tobacco, an acreage based on the effective acreage allotment as provided in the table as follows:

Effective acreage allotment is within this range Administrative variance
0.01 to 0.99 0.01
1.00 to 1.49 0.02
1.50 to 1.99 0.03
2.00 to 2.49 0.04
2.50 to 2.99 0.05
3.00 to 3.49 0.06
3.50 to 3.99 0.07
4.00 to 4.49 0.08
4.50 and up 0.09

(e) A tolerance applies to tobacco, other than flue-cured or burley, if the measured acreage exceeds the allotment by more than the administrative variance but by not more than the tolerance. Such excess acreage of tobacco may be adjusted to the effective farm acreage allotment to avoid marketing quota penalties or receive price support.

(f) If the acreage report for a crop is outside the tolerance for that crop:

(1) FSA may consider the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5) not to have been met, and;

(2) Participants may be ineligible for all or a portion of payments or benefits subject to the requirements of §§ 718.102 (b)(1), (b)(3) and (b)(5).

[68 FR 16176, Apr. 3, 2003, as amended at 80 FR 41996, July 16, 2015]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 1311 to 1314–1 - Repealed. Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522

§ 1314a - Repealed. Pub. L. 90–51, § 2, July 7, 1967, 81 Stat. 121

§ 1314b to 1314j - Repealed. Pub. L. 108–357, title VI, § 611(a), Oct. 22, 2004, 118 Stat. 1522

§ 1315 - Repealed. Pub. L. 108–357, title VI, § 611(o), Oct. 22, 2004, 118 Stat. 1523

§ 1316 - Repealed. Pub. L. 108–357, title VI, § 611(p), Oct. 22, 2004, 118 Stat. 1523

§ 1501 - Short title and application of other provisions

§ 1502 - Purpose; definitions; protection of information; relation to other laws

§ 1503 - Federal Crop Insurance Corporation; creation; offices

§ 1504 - Capital stock of Corporation

§ 1504a - Capitalization of Corporation

§ 1505 - Management of Corporation

§ 1506 - General powers

§ 1506a, 1506b - Omitted

§ 1507 - Personnel of Corporation

§ 1508 - Crop insurance

§ 1508a - Double insurance and prevented planting

§ 1509 - Exemption of indemnities from levy

§ 1510 - Deposit and investment of funds; Federal Reserve banks as fiscal agents

§ 1511 - Tax exemption

§ 1512 - Corporation as fiscal agent of Government

§ 1513 - Books of account and annual reports of Corporation

§ 1514 - Crimes and offenses

§ 1515 - Program compliance and integrity

§ 1516 - Funding

§ 1517 - Separability

§ 1518 - “Agricultural commodity” defined

§ 1519 - Repealed. Pub. L. 104–127, title I, § 196(j), Apr. 4, 1996, 110 Stat. 950

§ 1520 - Producer eligibility

§ 1521 - Ineligibility for catastrophic risk and noninsured assistance payments

§ 1522 - Research and development

§ 1523 - Pilot programs

§ 1524 - Education and risk management assistance

§ 1921 - Congressional findings

§ 7201 - Short title and purpose

§ 7202 - Definitions

U.S. Code: Title 15 - COMMERCE AND TRADE

Title 7 published on 2015-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 718 after this date.

  • 2015-07-16; vol. 80 # 136 - Thursday, July 16, 2015
    1. 80 FR 41987 - Conservation Reserve Program
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Commodity Credit Corporation, Farm Service Agency
      Interim rule.
      Effective Date: This rule is effective July 16, 2015. Comment Date: We will consider comments that we receive by September 14, 2015.
      7 CFR Part 718