98-19245. Common Crop Insurance Regulations; Guaranteed Production Plan of Fresh Market Tomato Crop Insurance Provisions  

  • [Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
    [Proposed Rules]
    [Pages 38761-38762]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-19245]
    
    
    ========================================================================
    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
    ========================================================================
    
    
    Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / 
    Proposed Rules
    
    [[Page 38761]]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF AGRICULTURE
    
    Federal Crop Insurance Corporation
    
    7 CFR Part 457
    
    
    Common Crop Insurance Regulations; Guaranteed Production Plan of 
    Fresh Market Tomato Crop Insurance Provisions
    
    AGENCY: Federal Crop Insurance Corporation, USDA.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to 
    amend the Guaranteed Production Plan of Fresh Market Tomato Crop 
    Insurance Provisions to change the calendar date for the end of the 
    insurance period.
    
    DATES: Written comments and opinions on this proposed rule will be 
    accepted until close of business August 19, 1998 and will be considered 
    when the rule is to be made final.
    
    ADDRESSES: Interested persons are invited to submit written comments to 
    the Director, Product Development Division, Federal Crop Insurance 
    Corporation, United States Department of Agriculture, 9435 Holmes Road, 
    Kansas City, MO 64131. A copy of each response will be available for 
    public inspection and copying from 7:00 a.m. to 4:30 p.m., CDT, Monday 
    through Friday, except holidays, at the above address.
    
    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 12866
    
        This rule has been determined to be exempt for the purposes of 
    Executive Order 12866 and, therefore, has not been reviewed by the 
    Office of Management and Budget (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 of 1995 (UMRA) 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 UMRA) for State, local, and tribal 
    governments or the private sector. Therefore, this rule is not subject 
    to the requirements of sections 202 and 205 of UMRA.
    
    Executive Order 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 economic impact on a 
    substantial number of small entities. New provisions included in this 
    rule will not impact small entities to a greater extent than large 
    entities. The amount of work required of the insurance companies 
    delivering and servicing these policies will not increase from the 
    amount of work currently required. 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 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.
    
    Executive Order 12988
    
        This proposed rule has been reviewed in accordance with Executive 
    Order 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 for judicial 
    review of any determination made by FCIC may be brought.
    
    Environmental Evaluation
    
        This action is not expected to have a significant economic impact 
    on the quality of the human environment, health, and safety. Therefore, 
    neither an Environmental Assessment nor an Environmental Impact 
    Statement is needed.
    
    Background
    
        FCIC proposes to amend the Common Crop Insurance Regulations (7 CFR 
    part 457) by revising 7 CFR 457.128 effective for the 1999 and 
    succeeding crop years. The only change to the provisions for insuring 
    guaranteed production plan of fresh market tomatoes is to amend section 
    10(b)(7) to change the calendar date for the end of the insurance 
    period for certain states. The end of the insurance period for 
    Delaware, Maryland, New Jersey, North Carolina, and Virginia will be 
    changed from September 20 to October 15 of the crop year. The end of 
    the insurance period for Florida, Georgia, and South Carolina will be 
    changed from September 20 to November 10 of the crop year. A September 
    20 ending date creates an insurance period that is too short in these 
    states. Under the current crop provisions, if the crop is planted 
    during the fall planting period in accordance with the Special 
    Provisions in effect for the 1999 crop year, the crop will not reach 
    maturity before the end of the insurance period. The proposed change in 
    the dates for the end of the insurance period will allow for insurance 
    coverage from the time of planting until maturity of the crop.
    
    List of Subjects in 7 CFR Part 457
    
        Crop insurance, Tomatoes.
    
    [[Page 38762]]
    
    Proposed Rule
    
        Accordingly, as set forth in the preamble, the Federal Crop 
    Insurance Corporation, proposes to amend 7 CFR part 457 as follows:
    
    PART 457--COMMON CROP INSURANCE REGULATIONS; REGULATIONS FOR THE 
    1998 AND SUBSEQUENT CONTRACT YEARS
    
        1. The authority citation for 7 CFR part 457 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 1506(l), 1506(p).
    
        2. In Sec. 457.128 revise section 10(b)(7) to read as follows:
    
    
    Sec. 457.128  Guaranteed Production Plan of Fresh Market Tomato Crop 
    Insurance Provisions.
    
        10. Insurance Period.
    * * * * *
        (b) * * *
        (7) October 15 of the crop year in Delaware, Maryland, New Jersey, 
    North Carolina, and Virginia; October 31 of the crop year in 
    California; November 10 of the crop year in Florida, Georgia, and South 
    Carolina; and September 20 of the crop year in all other states.
    
        Signed in Washington, DC, on July 13, 1998.
    Kenneth D. Ackerman,
    Manager, Federal Crop Insurance Corporation.
    [FR Doc. 98-19245 Filed 7-17-98; 8:45 am]
    BILLING CODE 3410-08-P
    
    
    

Document Information

Published:
07/20/1998
Department:
Federal Crop Insurance Corporation
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-19245
Dates:
Written comments and opinions on this proposed rule will be accepted until close of business August 19, 1998 and will be considered when the rule is to be made final.
Pages:
38761-38762 (2 pages)
PDF File:
98-19245.pdf
CFR: (1)
7 CFR 457.128