[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Rules and Regulations]
[Pages 17271-17272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8763]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 68 / Friday, April 9, 1999 / Rules
and Regulations
[[Page 17271]]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1437
RIN 0560-AF46
Noninsured Crop Disaster Assistance Program
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends the regulations with respect to the
Noninsured Crop Disaster Assistance Program (NAP) which is conducted by
the Commodity Credit Corporation (CCC) in accordance with section 196
of the Federal Agriculture Improvement and Reform Act of 1996 (1996
Act). Currently, the regulations specify that the Executive Vice
President, CCC, or designee determines areas, prices, and yields for
NAP. The regulations are being revised to inform the public that the
Deputy Administrator for Farm Programs (DAFP) has been delegated the
authority to determine areas, prices, and yields for NAP. The
regulation has also been revised to specify that DAFP may at his
discretion delegate to selected Farm Service Agency (FSA) State
committees (STC's) and other FSA officials, authority to determine
areas, prices, and yields for NAP. Additionally, amendments made by the
interim rule specify that seed crops may be considered separate
eligible crops under NAP if certain criteria is met, and provide a
definition for industrial crops.
DATES: The interim rule is effective on April 9, 1999. Comments on this
rule must be received on or before June 8, 1999 to be assured of
consideration.
ADDRESSES: Submit comments regarding this rule to G. Sean O'Neill,
Chief, Noninsured Assistance Programs Branch (NAPB), Production,
Emergencies, and Compliance Division (PECD), Farm Service Agency (FSA),
United States Department of Agriculture, STOP 0517, 1400 Independence
Avenue, SW, Washington, DC 20250-0517; telephone (202) 720-9003; e-mail
Sean__Oneill@wdc.fsa.usda.gov.
FOR FURTHER INFORMATION CONTACT: G. Sean O'Neill, telephone (202) 720-
9003; e-mail Sean__Oneill@wdc.fsa.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This interim rule is issued in conformance with Executive Order
12866 and has been determined to be significant and therefore has been
reviewed by OMB.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this rule because neither FSA nor the CCC 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.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will have no significant impact on the quality of the human
environment. Therefore, neither an environmental assessment nor an
environmental impact statement is needed.
Executive Order 12988
The interim rule has been reviewed in accordance with Executive
Order 12988. The provisions of this interim rule preempt State laws to
the extent such laws are inconsistent with the provisions of this rule.
Before any judicial action may be brought concerning the provisions of
this rule, the administrative remedies must be exhausted.
Executive Order 12372
This program 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).
Unfunded Mandates Reform Act of 1995 (UMRA)
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.
Paperwork Reduction Act
This interim rule does not include any new or additional
information collection requirements. The information relative to the
criteria stated in the interim rule was previously collected during the
1996/1997 growing period under approved OMB control numbers 0560-0175
and 0560-0004.
Executive Order 12612
It has been determined 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.
Federal Assistance Programs
This program is listed in the Catalog of Federal Domestic
Assistance under No. 10.450.
Background
The regulation reflects changes in existing definitions, additional
definitions, and acreage reporting requirements. Changes include:
(1) Section 1437.2 is amended to specify that the Deputy
Administrator for Farm Programs (DAFP) shall make determinations
regarding NAP area and price and yield approvals and at DAFP's
discretion, DAFP may further delegate authority to selected FSA State
committees and other FSA officials to make determinations regarding NAP
area and price and yield approvals.
(2) Section 1437.3 is amended to: (a) revise the definition of
eligible crop to include the criteria for defining a crop intended for
use as commercial seed; and (b) include a definition of industrial
crops.
(3) Section 1437.4 is amended to specify that in the case of
commercial seed, the seed intended use may be treated as a separate
eligible crop if the criteria in Sec. 1437.3 is met.
[[Page 17272]]
List of Subjects in 7 CFR Part 1437
Agricultural commodities, Disaster assistance, Reporting and
recordkeeping requirements.
For the reasons set out in the Preamble, 7 CFR Chapter XIV is
amended as set forth below.
PART 1437--NONINSURED CROP DISASTER ASSISTANCE PROGRAM REGULATIONS
FOR THE 1998 AND SUCCEEDING CROP YEARS
1. The authority citation continues to read as follows:
Authority: 15 U.S.C. 714b and 714c and 7 U.S.C. 7333.
2. Revise the heading for part 1437 to read as set forth above.
3. In Sec. 1437.2 paragraphs (f) and (g) are revised and paragraph
(h) is added to read as follows:
Sec. 1437.2 Administration.
* * * * *
(f) The State committee will, in accordance with this part,
recommend the geographical size and shape of the area where a natural
disaster has occurred, and whether the area eligibility requirement has
been satisfied. The recommendations must be approved by the Deputy
Administrator for Farm Programs unless the State committee has been
specifically delegated authority under paragraph (h) of this section.
(g) Except when a State committee has been authorized to approve
NAP prices and yields according to paragraph (h) of this section, the
Deputy Administrator for Farm Programs shall approve all yields and
prices under this part.
(h) The Deputy Administrator for Farm Programs, may delegate to
State committees authority to make area, price, and yield
determinations specified in paragraphs (f) and (g) of this section. The
delegation shall be in writing. State committees authorized and
delegated to make area determinations referenced in paragraph (f) may
do so only if the entire proposed NAP area resides entirely within the
State or geographical region for which the State committee is
responsible. If an area delineated according to Sec. 1437.6 is both
within and outside the region governed by the State committee, the
Deputy Administrator for Farm Programs must approve the area. This
decision to delegate or revoke delegated authority to any State
committee or other FSA official to make any determination referenced in
either paragraph (f) or (g) of this section is solely at the discretion
of the Deputy Administrator for Farm Program and is not subject to
administrative review.
4. In Sec. 1437.3 the definition of eligible crop is revised and a
new definition for industrial crops is added in proper alphabetical
order and to read as follows:
Sec. 1437.3 Definitions.
* * * * *
Eligible crop means an agricultural commodity for which
catastrophic coverage is not available and which is commercially
produced for food or fiber as specified in this part. Eligible crop
will also include floriculture, ornamental nursery, and Christmas tree
crops, turfgrass sod, seed crops, aquaculture (including ornamental
fish), and industrial crops. In the case of a crop that historically
has multiple plantings in the same crop year that are planted or are
prevented from being planted, each planting may be considered a
different crop for determining payments under this part as determined
by CCC. In the case of a crop, except for forage determined by CCC to
be predominantly grazed, that has different varieties or types, each
variety or type may be considered a separate crop for determining
payments under this part, if CCC determines there is a significant
difference in price or yield between the varieties or types. For the
1996 and subsequent crop years, a seed crop may be viewed as a separate
crop, as determined by CCC, if all the following apply: The specific
crop acreage is seeded, or intended to be seeded, with an intent of
producing commercial seed as its primary intended use; there is no
possibility of other commercial uses of production from the seed crop
acreage without regard to market conditions; and the crop acreage
planted, or intended to be planted, with an intended use of seed must
have a growing period uniquely conducive to the production of
commercial seed and such growing period is not conducive to the
production of any other intended use. The unique growing period
necessary for successful commercial seed production must be something
that is physiologically required for the production of commercial seed
(i.e. vernalization in a biennial crop such as carrots and onions) and
where such physiological event renders the possibility of production of
any other use of the crop acreage improbable. Commercial seed intended
uses not meeting the aforementioned criteria shall be viewed as an
intended use and a single crop together with all other intended uses of
the crop type or variety.
* * * * *
Industrial crop means castor beans, chia, crambe, crotalaria,
cuphea, guar, guayule, hesperaloe, kenaf, lesquerella, meadowfoam,
milkweed, plantago, ovato, sesame, and other crops specifically
designated by CCC that are either food or fiber or are used in food or
fiber applications.
* * * * *
5. In Sec. 1437.4 paragraph (a) is revised to read as follows:
Sec. 1437.4 Eligibility.
(a) Crops that are eligible for NAP benefits are any commercial
agricultural crop (excluding livestock and their by-products),
commodity, or acreage of a commodity grown for food or fiber for which
catastrophic coverage is not available. Except for ornamental nursery
and species or type or variety of a species of forage determined by CCC
to be predominantly grazed, different types or varieties of a crop or
commodity, may be treated as a separate eligible crop, if CCC
determines there is a significant difference in price or yield. For the
1996 and subsequent crop years, as seed crop may be viewed as a
separate crop if CCC determines the crop meets the definition of an
``eligible crop'' pursuant to Sec. 1437.3.
* * * * *
Signed at Washington, DC, on April 5, 1999.
Keith Kelly,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 99-8763 Filed 4-8-99; 8:45 am]
BILLING CODE 3410-05-P
