[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Rules and Regulations]
[Pages 37933-37934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18210]
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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
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Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Rules
and Regulations
[[Page 37933]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 401
RIN 0563-AA80
General Crop Insurance Regulations; Late and Prevented Planting
for Various Crop Endorsements
AGENCY: Federal Crop Insurance Corporation.
ACTION: Final rule.
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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby adopts
regulations to insure late and prevented planting for specific crop
provisions contained in the General Crop Insurance Regulations,
effective for the 1994 and succeeding crop years. The intended effect
of this action is to revise the late planting and prevented planting
provisions of the corn, grain sorghum, and soybean endorsements.
Additionally, this rule serves to incorporate the late and prevented
planting coverage into the hybrid sorghum seed, rice, cotton, barley,
oats, and wheat crop endorsements and to incorporate the prevented
planting coverage into the ELS cotton endorsement.
EFFECTIVE DATE: November 30, 1993.
FOR FURTHER INFORMATION CONTACT: Diana Moslak, Federal Crop Insurance
Corporation, Regulatory and Procedural Development Staff, Suite 500,
2101 L Street NW., Washington, DC 20037. 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
does not constitute a review as to the need, currency, clarity, and
effectiveness of the corn, grain sorghum, hybrid sorghum seed, rice,
cotton, ELS cotton, barley, oats, wheat, and soybean endorsement
regulations affected by this rule under those procedures. The sunset
review dates established for these regulations are as follows: corn,
grain sorghum, hybrid sorghum seed, soybeans, cotton, ELS cotton, and
rice, March 1, 1999; and barley, oats, and wheat, July 1, 1998.
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 provisions set forth in this rule do not impose burdensome
information collection requirements that require clearance by the
Office of Management and Budget under the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.).
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
policies 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.
This regulation will not have a significant impact on a substantial
number of small entities. The amount of work required of the insurance
companies delivering these policies and the procedures therein will not
increase from the amount required to deliver previous policies. In
fact, this action reduces the paperwork burden on the insured farmer
and insurance providers. 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.
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 subsections 2(a)
and 2(b)(2) of Executive Order 12778. The provisions of this rule are
retroactively effective as of November 30, 1993, and 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 promulgated by the National Appeals Division,
whichever is applicable, must be exhausted before judicial action may
be brought.
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.
On Wednesday, December 22, 1993, FCIC published an interim rule in
the Federal Register at 58 FR 67630 to amend the General Crop Insurance
Regulations (7 CFR part 401) by revising the late and prevented
planting provisions of the corn endorsement (Sec. 401.111), grain
sorghum endorsement (Sec. 401.113), and the soybean endorsement
(Sec. 401.117), effective for the 1994 and succeeding crop years, as
well as incorporating late and prevented planting provisions into the
hybrid sorghum seed (Sec. 401.109), rice (Sec. 401.120), cotton
(Sec. 401.119), barley (Sec. 401.103), oats (Sec. 401.105), and wheat
(Sec. 401.101) endorsements. In addition, the ELS cotton (Sec. 401.121)
endorsement was revised by incorporating the prevented planting
provisions into that policy. Since this rule benefited the insured by
improving coverage for policyholders, good cause was found to make the
interim rule retroactively effective as of November 30, 1993.
The changes were effective for the 1994 and succeeding crop years
in all counties for corn, cotton, ELS cotton, grain sorghum, hybrid
sorghum seed, rice, and soybeans; and for barley, oats, and wheat only
in counties with a December 31 contract change. The changes will be
effective for all barley, oat, and wheat counties for the 1995 and
succeeding crop years.
Following publication of the interim rule, the public was afforded
60 days to submit written comments, data and opinions, but none were
received. Therefore, the interim rule as published on December 22,
1993, at 58 FR 67630 is hereby adopted as a final rule.
[[Page 37934]]
List of Subjects in 7 CFR Part 401
Crop insurance, barley, corn, cotton, ELS cotton, grain sorghum,
hybrid sorghum seed, oats, rice, soybeans and wheat.
Final Rule
Accordingly, pursuant to the authority contained in the Federal
Crop Insurance Act, as amended (7 U.S.C. 1501 et seq.) and for the
reasons set forth in the preamble, the Federal Crop Insurance
Corporation hereby adopts as a final rule, the interim rule as
published at 58 FR 67630 on December 22, 1993.
Done in Washington, D.C., on July 18, 1995.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-18210 Filed 7-24-95; 8:45 am]
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