[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61198-61199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29169]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1446
RIN 0560-AD90
Peanuts
AGENCY: Commodity Credit Corporation, USDA.
[[Page 61199]]
ACTION: Final rule.
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SUMMARY: This final rule adopts without change the provisions of the
interim rule published in the Federal Register (60 FR 35834) on July
12, 1995, which added to the peanut price support regulations in 7 CFR
part 1446, a reference to crop insurance requirements contained in 7
CFR part 400 which affect the eligibility of peanut producers for price
support benefits. Under the provisions of part 400, producers generally
must obtain crop insurance for all crops in which they have an interest
in the county where the peanuts are produced. The crop insurance
requirements of part 400, which implement provisions of the Federal
Crop Insurance Reform Act of 1994 (1994 Act), are in addition to all
existing eligibility requirements for price support for peanuts
contained in part 1446 and elsewhere.
EFFECTIVE DATE: November 29, 1995.
FOR FURTHER INFORMATION CONTACT: Gary S. Fountain, Tobacco and Peanuts
Division, Consolidated Farm Service Agency, U.S. Department of
Agriculture, PO Box 2415, Washington, DC 20013-2415; telephone (202)
720-9106.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by the Office of Management and Budget (OMB).
Federal Assistance Program
The title and number of the Federal assistance program, as found in
the Catalog of Federal Domestic Assistance, to which this final rule
applies is: Commodity Loans and Purchases--10.051.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this final rule since neither the Commodity Credit
Corporation nor the Consolidated Farm Service Agency (CFSA) is required
by 5 U.S.C. 553 or any other provision of law to publish a notice of
proposed rulemaking with respect to the subject matter of this rule.
Executive Order 12372
This program/activity is not subject to the provisions of Executive
Order 12372 which require intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115, June 24, 1983.
Paperwork Reduction Act
This final rule does not change the CFSA information collection
requirements that were previously approved by OMB and assigned control
numbers 0560-0006 and 0560-0014. The catastrophic risk protection
insurance coverage requirements are included in the information
collection package that has been approved by OMB and assigned control
number 0563-0003.
Executive Order 12612
It has been determined under section 6(a) of Executive Order 12612,
Federalism, that this final rule does not have significant Federalism
implications which warrant the preparation of a Federalism Assessment.
The requirements and procedures contained in this rule will not have a
substantial direct effect on States or their political subdivisions, or
on the distribution of power and responsibilities among the various
levels of government.
Executive Order 12778
This final rule has been reviewed in accordance with Executive
Order 12778. The provisions of this rule are not retroactive and
preempt State laws to the extent that such laws are inconsistent with
the provisions of this rule. Before any judicial action may be brought
regarding determinations made under provisions of 7 CFR part 1446, the
administrative remedies in 7 CFR part 780 must be exhausted.
Environmental Evaluation
This action is not expected to have any significant impact on the
quality of the human environment, health or safety. Therefore, neither
an Environmental Assessment nor an Environmental Impact Statement is
needed.
Background
The 1994 Act, enacted on October 13, 1994, requires that persons
who seek price support benefits for peanuts, and certain other farm
program benefits, must, if insurance is available, acquire at least the
catastrophic level of protection for all insurable crops of ``economic
significance'', in which they have an interest, that are grown in the
same county as the crop for which price support or any other benefit is
sought. A crop of ``economic significance'' is defined in the 1994 Act
to be a crop that has contributed, or is expected to contribute, 10
percent or more of the total expected value of all crops grown by the
person.
The provisions of the 1994 Act are administered by the Federal Crop
Insurance Corporation (FCIC). FCIC has issued, by an interim rule
published on January 6, 1995 (60 FR 1996), regulations which implement
the 1994 Act. The FCIC rule is codified in 7 CFR part 400. Related
rules are codified in 7 CFR part 402.
Price support for peanuts is made available under the Agricultural
Act of 1949, 7 USC 1421 et seq. The peanut price support regulations
are found at 7 CFR part 1446.
List of Subjects in 7 CFR Part 1446
Loan programs--Agriculture, Peanuts, Price support programs,
Reporting and recordkeeping requirements, Warehouses.
Following publication of the interim rule, the public was afforded
30 days to submit written comments and data. No comments or data were
received.
Accordingly, under the authority of 7 U.S.C. 1359a, 1375, 1421 et
seq.; 15 U.S.C. 714b and 714c, the interim rule that added to the
peanut price support regulations in 7 CFR part 1446, as published in
the Federal Register on July 12, 1995, at 60 FR 35834, is hereby
adopted without change as a final rule.
Signed at Washington, DC, on November 22, 1995.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-29169 Filed 11-28-95; 8:45 am]
BILLING CODE 3410-05-P
