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plant row to plant row between strips of the crop is more than 63 inches, the larger of one-half the distance between rows of the crop in the strip or 16 inches shall be considered as devoted to the crop.

(b) Crop being measured alternating with another crop. The entire area in the case of cotton and flue-cured tobacco shall be considered as devoted to the crop where (1) the crop being measured is planted in strips of one or more rows alternating with another crop, and (2) the distance from plant row to plant row between the strips of the crop being measured is not more than 63 inches. However, if the distance from plant row to plant row between the strips of the crop being measured is more than 63 inches, one-half the distance between the crops but not to exceed 32 inches shall be considered as devoted to the crop being measured; except that if the crop alternating with the crop being measured does not have substantially the same growing season or is not cared for in a workmanlike manner, the crop being measured shall be treated as alternating with idle land in accordance with paragraph (a) or (c) of this section, as applicable.

(c) Single wide rows. The entire area in the case of cotton and flue-cured tobacco shall be considered as devoted to the crop where (1) such crop is planted in single wide rows, and (2) the distance from plant row to plant row is not more than 63 inches. However, if the distance from plant row to plant row is more than 63 inches, 32 inches beyond the row shall be considered as devoted to the crop.

[Amdt. 2, 32 F.R. 17514, Dec. 7, 1967]

§ 718.12 Acreages of tobacco (except flue-cured) planted in skip-row pat

terns.

(a) Fire-cured (type 21) and suncured tobacco-(1) Less than four rows in strips alternating with idle land or another crop. The entire area in the case of fire-cured (type 21) and sun-cured tobacco shall be considered as devoted to tobacco where (i) the tobacco is planted in strips of less than four rows (including one row plantings) alternating with strips of idle land or another crop, and (ii) the distance from plant

row to plant row between the strips of tobacco is not more than 63 inches. However, if the distance from plant row to plant row between the strips of tobacco is more than 63 inches, 32 inches beyond the plant row on each side of the strips of tobacco shall be considered as devoted to tobacco.

(2) Four rows or more in strips alternating with idle land or another crop. The larger of 16 inches or one-half the distance between the rows of tobacco in the strip in the case of fire-cured (type 21) and sun-cured tobacco shall be considered as devoted to tobacco where the tobacco is planted in strips of four rows or more alternating with idle land or another crop. Strips of less than four rows of tobacco on the sides of the field shall be included in the measurement provided there are at least two rows of tobacco on one side of the field.

(b) Acreages of other types of tobacco. The entire area in the case of tobacco (except flue-cured, fire-cured (type 21) and sun-cured tobacco) planted in a skip-row pattern alternating with idle land or another crop shall be considered as devoted to tobacco. However, where the strips planted to tobacco contain four or more rows (except that one strip on one side of the field may contain less than four rows of tobacco) and the strips of idle land or other crops are at least four normal rows in width only the area actually devoted to tobacco shall be considered as devoted to tobacco.

[Amdt. 2, 32 F.R. 17514, Dec. 7, 1967]

§ 718.13 Acreages of sugarcane and sugar beets planted in skip-row pat

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rows and noncropland areas which could width may be combined to meet the 0.03 not be planted to tobacco. Terraces, permanent irrigation and drainage ditches, and sod waterways of at least 32 inches acre minimum requirement.

(2) All other crops and land uses. Onetenth (0.1) acre. Terraces, permanent irrigation and drainage ditches, and sod waterways of at least 32 inches width which contain 0.1 acre or more may be combined to meet any larger minimum prescribed for a State under a State committee option in § 718.17.

(b) Minimum width requirement. 32 inches.

§ 718.15 Adjustment credit.

(a) General. Any area of land which is not eligible for deductions under § 718.14 shall not be eligible for adjustment credit except that an area ineligible because of size may be enlarged to meet the minimum adjustment requirements. Otherwise, adjustment credit may be permitted under paragraph (b) of this section. Adjustment credit shall be given only for reasonable shapes of areas and for a reasonable number of such areas.

(b) Crops and land uses. Adjustment credit shall be given for any area in which the crop or land use is adjusted in accordance with applicable regulations if the area is 32 inches or more in width and contains at least one-tenth (0.1) acre for crops other than tobacco and contains at least three-hundredths (0.03) acre for tobacco. If a crop is disposed of in an alternating pattern so that a single wide row or skip-row pattern of the crop is left standing within the adjusted area, adjustment credit shall not exceed the acreage reduction obtained by recomputing the standing crop acreage of the adjusted area in the same manner as applicable for an initial acreage determination. Adjustment of an entire field or subdivision shall be allowed without regard to the area and width requirements under this section. An area smaller than the minimum area requirement shall be allowed if such area constitutes the total excess or deficient acreage of the crop or land use for the farm or is the remaining area required for adjustment after adjusting entire fields or subdivisions.

§ 718.16 Unusual cases.

The Deputy Administrator shall determine the method for determining acreage in the following two groups of unusual cases which require equitable treatment and cannot be equitably handled under the rules in §§ 718.5 to 718.15:

(a) Reliance by farm operator on erroneous advice. The farm operator has acted in good faith in reliance upon advice which is not in accordance with §§ 718.5 to 718.15 given by a representative of the State or county committee who is authorized to furnish information concerning the determination of acreage.

(b) Practices which defeat program intent. The method of planting the crop or the method of adjusting the crop or land use acreage has the effect of defeating program provisions or is contrary to the intent of the program involved. § 718.17 State committee options.

(a) Deviations from prescribed standards. If general cultural practices in the area warrant such action, the State committee, upon approval by the Deputy Administrator, may prescribe the following deviations from prescribed standards for the State:

(1) May establish a minimum row width for specific crops of less than 32 inches under § 718.2(b) (5);

(2) May increase the minimum area and width requirement for deductible areas under § 718.14;

(3) May increase the minimum area and width requirements for adjustment credit under § 718.15;

(4) May provide for computing acreages for fields and subdivisions under § 718.5 (e) (2) in acres and tenths of acre, dropping all hundredths of acre; and

(5) May decrease the five-tenths (0.5) acre minimum error requirement under § 718.25(e) (2).

(b) Table of State committee options in effect. The following table sets forth the deviations from prescribed standards pursuant to paragraph (a) of this section which have been adopted by the respective State committees and approved by the Deputy Administrator. The table also establishes the ranges of row widths as established by the respective State committees under § 718.10(b) (2).

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Minimum area, 0.1 acre for tobacco
and sugar beets; 0.3 acre for all
other crops and land uses. Mini-
mum width, 10 links.

Minimum area, (1) 0.3 acre, except
that one plot may be less than 0.3
acre where the total excess or de-
ficiency is more than 0.3 acre. (2)
0.1 acre for irrigation dikes in-
stalled after initial measurement.
Minimum width, 0.2 chain, except
0.1 chain for irrigation dikes in-
stalled after initial measurement.
10 links (6.6 feet) for all crops except
tobacco.

Minimum area, 0.5 acre for all crops
and land uses except sugar beets.

Acres and tenths. do.

36-42 inches.

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Minimum width, 8 links (63
inches).

Minimum width, 8 links (63 inches)- Acres and tenths-

0.1 acre..

36-42 inches.

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New Jersey.
New Mexico.

New York..

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TABLE OF SECTIONS AFFECTED BY STATE COMMITTEE DETERMINATIONS-Continued

[32 F.R. 9069, June 27, 1967, as amended by Amdt. 3, 33 F.R. 8722, June 14, 1968]

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