[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35834-35835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16993]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1446
RIN 0560-AD90
Peanuts
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule adds to the peanut price support regulations in 7
CFR part 1446 a reference to crop insurance requirements contained in 7
CFR part 400 which effect the eligibility of peanut producers for price
support. 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 recently-
enacted 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.
DATES: This interim rule is effective July 12, 1995. Written comments
and data on this rule will be accepted until close of business August
11, 1995, and will be considered when the rule is to be made final.
ADDRESSES: All interested persons are invited to submit written
comments and data concerning this interim rule to the Director, Tobacco
and Peanuts Division, CFSA, U.S. Department of Agriculture, PO Box
2415, Washington, DC. 20013-2415, or deliver by hand or messenger to
room 5750, South Building, USDA, 14th Street and Independence Avenue,
SW, Washington, D.C. All written submissions received in response to
this request will be made available for public inspection in room 5750,
South Building, USDA, between the hours of 8:15 a.m. and 4:45 p.m., on
regular Federal workdays.
FOR FURTHER INFORMATION CONTACT: Gary S. Fountain, Consolidated Farm
Service Agency, USDA, PO Box 2415, Washington, DC. 20013-2415;
telephone (202) 720-9106.
[[Page 35835]]
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not-significant for purposes of
Executive Order 12866 and therefore has not been reviewed by 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 interim rule
applies is: Commodity Loans and Purchases--10.051.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act (5
U.S.C. 601-611) is not applicable to this interim rule since the
Commodity Credit Corporation (CCC) and the Consolidated Farm Service
Agency (CFSA) are not 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 interim rule does not change the CFSA information collection
requirements that have been approved by OMB and assigned OMB control
numbers 0560-0006, 0560-0014, and 0560-0033. The catastrophic risk
protection insurance coverage requirements have been included in the
following information collection packages and submitted to OMB for
clearance: 0563-0001, 0563-0003 and 0563-0029.
Executive Order 12612
It has been determined under section 6(a) of Executive Order 12612,
Federalism, that this interim rule does not have significant Federalism
implications to warrant the preparation of a Federalism Assessment. The
provisions 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 interim rule has been reviewed in accordance with Executive
Order 12778. The provisions of this interim rule are not retroactive
and preempt State laws to the extent that such laws are inconsistent
with the provisions of this interim rule. Before any legal action is
brought regarding determinations made under provisions of 7 CFR part
1446, the administrative appeal provisions set forth at 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, and safety. Therefore,
neither an Environmental Assessment nor an Environmental Impact
Statement is needed.
Discussion
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 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 other benefit, is sought. If insurance
is available, the person must obtain insurance on all crops of
``economic significance'' in the county that he or she has an interest,
not just the supported crop. A crop of ``economic significance'' is 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 and which will be codified in 7 CFR part 400.
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. As the provisions of part 400 and of the
1994 Act are mandatory and binding, there would be no purpose in
delaying the amendment to part 1446 adopted in this rule, as that
amendment is merely a conforming amendment.
List of Subjects in 7 CFR Part 1446
Loan programs--Agriculture, Peanuts, Price support programs,
Reporting and recordkeeping requirements, Warehouses.
For the reasons set forth in the preamble, 7 CFR part 1446 is
amended to read as follows:
PART 1446--PEANUTS
1. The authority citation for 7 CFR part 1446 continues to read as
follows:
Authority: 7 U.S.C. 1359a, 1375, 1421 et seq.; 15 U.S.C. 714b
and 714c.
2. The definition of ``Eligible producer'' at Sec. 1446.103 is
amended by adding paragraph (3)(iv) to read as follows:
Sec. 1446.103 Definitions.
(3) * * *
(iv) Part 400 of this title relating to crop insurance
requirements.
* * * * *
Signed at Washington, DC, on July 5, 1995.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-16993 Filed 7-11-95; 8:45 am]
BILLING CODE 3410-05-P
