[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Rules and Regulations]
[Pages 29749-29750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13747]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 60, No. 108 / Tuesday, June 6, 1995 / Rules
and Regulations
[[Page 29749]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 401
RIN 0563-AB29
General Crop Insurance Regulations; Florida Citrus Endorsement
AGENCY: Federal Crop Insurance Corporation, Agriculture.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Crop Insurance Corporation (``FCIC'') hereby
amends the Florida Citrus Endorsement that supplements the General Crop
Insurance Policy. The intended effect of this interim rule is to
require that the insured crop unit suffer at least a fifty percent
(50%) average percent of damage before an indemnity would be due for
any catastrophic risk protection policy.
DATES: This rule is effective on June 6, 1995. Written comments, data,
and opinions on this rule will be accepted until close of business
August 7, 1995 and will be considered when the rule is to be made
final.
ADDRESSES: Written comments, data, and opinion on this interim rule
should be sent to Diana Moslak, Regulatory and Procedural Development
Staff, Federal Crop Insurance Corporation, United States Department of
Agriculture (USDA), Washington, DC 20250. Hand or messenger delivery
may be made to Suite 500, 2101 L Street, NW., Washington, DC. Written
comments will be available for public inspection and copying in the
Office of the Manager, 2101 L Street, NW., 5th Floor, Washington, DC,
during regular business hours, Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Diana Moslak, Federal Crop Insurance
Corporation, United States Department of Agriculture, Washington, DC
20250. Telephone (202) 254-8314.
SUPPLEMENTARY INFORMATION: This action has been reviewed under United
States Department of Agriculture (``USDA'') procedures established by
Executive Order 12866 and Departmental Regulation 1512-1. This action
constitutes a review as to the need, currency, clarity, and
effectiveness of these regulations under those procedures. The sunset
review date established for these regulations is May 1, 2000.
This rule has been determined to be ``not significant'' for the
purposes of Executive Order 12866, and therefore, has not been reviewed
by the Office of Management and Budget (``OMB'').
The information collection requirements contained in these
regulations (7 CFR part 401) were previously approved by OMB pursuant
to the Paperwork Reduction Act of 1980 (44 U.S.C. Secs. 3501, et seq.),
under OMB control numbers 0563-0001, 0563-0003, 0563-0009, 0563-0014,
0563-0029 and 0563-0036. The amendments set forth in this rule do not
revise the content or alter the frequency of reporting for any of the
forms cleared under the above-referenced dockets. Public reporting
burden for the collection of information is estimated to range from 15
to 90 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
It has been determined under section 6(a) of Executive Order 12612,
Federalism, that this rule does not have sufficient federalism
implication to warrant the preparation of a Federalism Assessment. The
policy and procedure 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.
This regulation will not have a significant impact on a substantial
number of small entities. This action neither increases nor decreases
the paperwork burden on the insured farmer and the reinsured company.
Therefore, this action is determined to be exempt from the provisions
of the Regulatory Flexibility Act (5 U.S.C. Sec. 605) and no Regulatory
Flexibility Analysis was prepared.
This program is listed in the Catalog of Federal Domestic
Assistance Under No. 10.450.
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.
The Office of the General Counsel has determined that these
regulations meet the applicable standards provided in subsection 2(a)
and 2(b)(2) of Executive Order 12778. 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 located
at 7 CFR part 400, subpart J or as promulgated by the National Appeals
Division, whichever is applicable, must be exhausted before any
judicial action may be brought regarding the provisions of this
regulation.
This action is not expected to have any significant impact on the
quality of the human environment, health, and safety. Therefore,
neither an Environmental Assessment nor an Environmental Impact
Statement is needed.
Background
This interim rule implements the catastrophic risk protection plan
of insurance mandated by amendments to the Federal Crop Insurance Act
by the Federal Crop Insurance Reform Act of 1994 into the Florida
Citrus endorsement.
List of Subjects in 7 CFR Part 401
Crop insurance, Florida Citrus Endorsement.
Interim Rule
Pursuant to the authority contained in the Federal Crop Insurance
Act, as amended (7 U.S.C. 1501 et seq.), the Federal Crop Insurance
Corporation hereby amends the General Crop Insurance Regulations (7 CFR
part 401), effective for the 1996 and succeeding crop years, to read as
follows:
PART 401--[AMENDED]
1. The authority citation for 7 CFR part 401 is revised to read as
follows:
Authority: 7 U.S.C. 1506(1).
2. Section 401.143 is amended by revising subsection 9.a.,
paragraphs (2) [[Page 29750]] and (3) and adding paragraph (4) to read
as follows:
Sec. 401.143 Florida citrus endorsement.
* * * * *
9. Claim for Indemnity
a. * * *
(1) * * *
(2) For limited and additional coverages, by multiplying the result
in excess of 10 percent (e.g., 45%-10%=35% payable), times the amount
of insurance for the unit (the amount of insurance for the unit is
determined by multiplying the insured acreage on the unit times the
applicable amount of insurance per acre); or
(3) For catastrophic risk protection coverage, the result in excess
of 50 percent divided by 50 percent (e.g. if the insured's average
percent of damage is 75%; the percentage of the guarantee payable is 50
percent, (75%-50%)50%); if the insured's average percent of
damage is 60 percent, the percentage of the guarantee payable is 20
percent, (60%-50%)50%) times the amount of insurance for the
unit. The amount of insurance for the unit is determined by multiplying
the insured acreage on the unit times the applicable amount of
insurance per acre. For any average percentage of damage less than 50%,
the insured is not eligible for an indemnity payment; and
(4) Multiplying the product obtained in (2) above for limited and
additional coverage, or the product obtained in (3) above for
catastrophic risk protection, by your share.
* * * * *
Done in Washington DC, on May 24, 1995.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-13747 Filed 6-5-95; 8:45 am]
BILLING CODE 3410-08-P
