[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Rules and Regulations]
[Pages 63631-63633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31544]
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DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Parts 401, 454, and 457
General Crop Insurance Regulations, Various Endorsements; Fresh
Market Tomato (Guaranteed Production Plan) Crop Insurance Regulations;
and Common Crop Insurance Regulations, Various Crop Insurance
Provisions
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Interim rule.
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SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the
General Crop Insurance Regulations; Canning and Processing Tomato and
Rice Endorsements; Fresh Market Tomato (Guaranteed Production Plan)
Crop Insurance Regulations; and the Common Crop Insurance Regulations,
Cotton, Coarse Grains (Corn, Grain Sorghum, and Soybeans), Dry Bean,
ELS Cotton, Sugar Beet, and Sunflower Seed Crop Insurance Provisions,
effective for the 1998 crop year only, for counties and states with a
November 30 contract change date. FCIC is extending the contract change
date to December 17, 1997.
The intended effect of this rule is to extend the contract change
date, which
[[Page 63632]]
is the date by which all contract changes must be on file in the
service office, in order to provide sufficient time for FCIC to publish
a final rule amending the policy for insuring the above crops.
DATES: This interim rule is effective November 26, 1997.
Submit comments on or before December 29, 1997.
ADDRESSES: Written comments on this interim rule should be sent to the
Director, Product Development Division, Federal Crop Insurance
Corporation, United States Department of Agriculture, 9435 Holmes Road,
Kansas City, MO 64131.
FOR FURTHER INFORMATION CONTACT: Louise Narber, Insurance Management
Specialist, Research and Development, Product Development Division,
Federal Crop Insurance Corporation, at the Kansas City, MO address
listed above, telephone (816) 926-7730.
SUPPLEMENTARY INFORMATION:
Executive Order No. 12866
The Office of Management and Budget (OMB) has determined this rule
to be not significant for the purposes of Executive Order No. 12866,
and, therefore, this rule has not been reviewed by OMB.
Paperwork Reduction Act of 1995
Under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), there are no information collection requirements
contained in this rule.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. This rule contains no Federal
mandates (under the regulatory provisions of title II of the UMRA) for
state, local, and tribal governments or the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
Executive Order No. 12612
It has been determined under section 6(a) of Executive Order No.
12612, Federalism, that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. The
provisions 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.
Regulatory Flexibility Act
This regulation will not have a significant impact on a substantial
number of small entities. The extended contract change date included in
this rule will not impact small entities to a greater extent than large
entities. Under the current regulations, FCIC is required to have
changes in policy provisions at the agent's office by November 30. If
this date is not met, then the changes will not be applicable until the
next crop year. This regulation merely extends that date so that
companies will have more time to get the program changes to the
insured. The amount of work required of the insurance companies
delivering and servicing these policies will not increase significantly
from the amount of work currently required. This rule does not have any
greater or lesser impact on the producer. Therefore, this action is
determined to be exempt from the provisions of the Regulatory
Flexibility Act (5 U.S.C. 605), and no Regulatory Flexibility Analysis
was prepared.
Federal Assistance Program
This program is listed in the Catalog of Federal Domestic
Assistance under No. 10.450.
Executive Order No. 12372
This program is not subject to the provisions of Executive Order
No. 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.
Executive Order No. 12988
This rule has been reviewed in accordance with Executive Order No.
12988 on Civil Justice Reform. The provisions of this rule will not
have a retroactive effect. The provisions of this rule will preempt
state and local laws to the extent such state and local laws are
inconsistent herewith. The administrative appeal provisions published
at 7 CFR part 11 must be exhausted before any action against FCIC for
judicial review may be brought.
Environmental Evaluation
This action is not expected to have a significant impact on the
quality of the human environment, health, and safety. Therefore,
neither an Environmental Assessment nor an Environmental Impact
Statement is needed.
National Performance Review
This regulatory action is being taken as part of the National
Performance Review Initiative to eliminate unnecessary or duplicative
regulations and improve those that remain in force.
Background
FCIC herewith amends the General Crop Insurance Regulations;
Canning and Processing Tomato and Rice Endorsements; Fresh Market
Tomato (Guaranteed Production Plan) Crop Insurance Regulations; and the
Common Crop Insurance Regulations, Cotton, Coarse Grains (Corn, Grain
Sorghum, and Soybeans), Dry Bean, ELS Cotton, Sugar Beet, and Sunflower
Seed Crop Insurance Provisions to extend the contract change date to
December 17, 1997. This action is taken in order to provide sufficient
time for FCIC to make timely filing on changes in policy provisions.
The contract change date, included in the crop insurance policy, is
the date by which all contract changes must be on file in the service
office.
Kenneth D. Ackerman, Manager, FCIC has determined that the
extension of the contract change date is necessary to provide
sufficient time for FCIC to publish a final rule amending the above
crop insurance policies for the 1998 crop year.
It is further determined that such extension will not be
detrimental to any program recipient, and that publication of the
extended contract change date as a proposed rule for notice and comment
is impracticable, unnecessary, and contrary to the public interest.
Therefore, good cause is shown for making this rule effective upon
filing for public inspection at the Office of the Federal Register.
Lists of Subjects
7 CFR Part 401
Crop insurance, Canning and processing tomato, Rice.
7 CFR Part 454
Crop insurance, Fresh market tomato (guaranteed production plan).
7 CFR Part 457
Crop insurance, Cotton, Coarse grains (corn, grain sorghum, and
soybeans), Dry bean, ELS cotton, Sugar beet, Sunflower seed.
Interim Rule
Accordingly, for the reasons set forth in the preamble, the Federal
Crop Insurance Corporation hereby amends 7 CFR parts 401, 454 and 457,
to read as follows:
[[Page 63633]]
PART 401--GENERAL CROP INSURANCE REGULATIONS--REGULATIONS FOR THE
1988 AND SUBSEQUENT CONTRACT YEARS
1. The authority citation for 7 CFR part 401 is revised to read as
follows:
Authority: 7 U.S.C. 1506(l), 1506(p).
2. Section 401.114 is amended by revising 10. Contract Changes to
read as follows:
Sec. 401.114 Canning and processing tomato endorsement.
* * * * *
10. Contract Changes
The date by which contract changes will be available in your
service office is November 30 (December 17 for the 1998 crop year
only) preceding the cancellation date for counties with a February
15 cancellation date and December 31 preceding the cancellation date
for all other counties.
* * * * *
3. Section 401.120 is amended by revising 9. Contract Changes to
read as follows:
Sec. 401.120 Rice endorsement.
* * * * *
9. Contract Changes
The date by which contract changes will be available in your
service office is December 31 preceding the cancellation date for
counties with an April 15 cancellation date and November 30
(December 17 for the 1998 crop year only) preceding the cancellation
date for all other counties.
* * * * *
PART 454--FRESH MARKET TOMATO (GUARANTEED PRODUCTION PLAN) CROP
INSURANCE REGULATIONS
4. The authority citation for 7 CFR part 454 is revised to read as
follows:
Authority: 7 U.S.C. 1506(l), 1506(p).
5. In Sec. 454.7(d), the insurance policy is amended by revising
section 16. Contract Changes to read as follows:
Sec. 454.7 Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Policy.
* * * * *
16. Contract Changes
We may change any terms and provisions of the contract from year
to year. If your price election at which indemnities are computed is
no longer offered, the actuarial table will provide the price
election which you are deemed to have elected. All contract changes
will be available at your service office by November 30 (December 17
for the 1998 crop year only) preceding the cancellation date for
counties with a February 15 cancellation date, and by December 31
preceding the cancellation date for counties with an April 15
cancellation date. Acceptance of changes will be conclusively
presumed in the absence of notice from you to cancel the contract.
* * * * *
PART 457--COMMON CROP INSURANCE REGULATIONS; REGULATIONS FOR THE
1994 AND SUBSEQUENT CONTRACT YEARS
6. The authority citation for 7 CFR part 457 is revised to read as
follows:
Authority: 7 U.S.C. 1506(l), 1506(p).
7. Section 457.104 is amended by revising 4. Contract Changes to
read as follows:
Sec. 457.104 Cotton crop insurance provisions.
* * * * *
4. Contract Changes
The contract change date is November 30 (December 17 for the
1998 crop year only) preceding the cancellation date (see the
provisions of Section 4 (Contract Changes) of the Common Crop
Insurance Policy).
* * * * *
8. Section 457.105 is amended by revising 4. Contract Changes to
read as follows:
Sec. 457.105 Extra long staple cotton crop insurance provisions.
* * * * *
4. Contract Changes
The contract change date is November 30 (December 17 for the
1998 crop year only) preceding the cancellation date (see the
provisions of section 4 (Contract Changes) of the Common Crop
Insurance Policy).
* * * * *
9. Section 457.108 is amended by revising 4. Contract Changes to
read as follows:
Sec. 457.108 Sunflower seed crop insurance provisions.
* * * * *
4. Contract Changes
The contract change date is November 30 (December 17 for the
1998 crop year only) preceding the cancellation date (see the
provisions of Section 4 (Contract Changes) of the Basic Provisions).
* * * * *
10. Section 457.109 is amended by revising 4. Contract Changes to
read as follows:
Sec. 457.109 Sugar beet crop insurance provisions.
* * * * *
4. Contract Changes
In accordance with the provisions of section 4 (Contract
Changes) of the Basic Provisions, the contract change date is April
30 preceding the cancellation date for counties with a July 15 or
August 31 cancellation date and November 30 (December 17 for the
1998 crop year only) preceding the cancellation date for all other
counties.
* * * * *
11. Section 457.113 is amended by revising 4. Contract Changes to
read as follows:
Sec. 457.113 Coarse grains crop insurance provisions.
* * * * *
4. Contract Changes
The contract change date is November 30 (December 17 for the
1998 crop year only) preceding the cancellation date (see the
provisions of Section 4 (Contract Changes) of the Common Crop
Insurance Policy).
* * * * *
12. Section 457.150 is amended by revising 4. Contract Changes to
read as follows:
Sec. 457.150 Dry bean crop insurance provisions.
* * * * *
4. Contract Changes
In accordance with section 4 (Contract Changes) of the Basic
Provisions, the contract change date is November 30 (December 17 for
the 1998 crop year only) preceding the cancellation date.
* * * * * 4
Signed in Washington, D.C., on November 26, 1997.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 97-31544 Filed 11-26-97; 3:08 pm]
BILLING CODE 3410-08-P
