[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Rules and Regulations]
[Pages 56933-56935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27875]
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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
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 60, No. 218 / Monday, November 13, 1995 /
Rules and Regulations
[[Page 56933]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Parts 401 and 406
General Crop Insurance Regulations; Various Endorsements; Nursery
Crop Insurance Regulations
AGENCY: Federal Crop Insurance Corporation.
ACTION: Final rule.
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SUMMARY: The Federal Crop Insurance Corporation (``FCIC'') hereby
amends the crop insurance provisions of the wheat endorsement, the
winter coverage option for wheat, the barley endorsement, the winter
coverage option for barley, the oat endorsement, the rye endorsement,
the corn endorsement, the corn silage option, the grain sorghum
endorsement, the flaxseed endorsement, the soybean endorsement, the
cotton endorsement, the ELS cotton endorsement, the sunflower seed crop
endorsement, the fig endorsement, and the malting barley option of 7
CFR part 401, General Crop Insurance Regulations, to restrict their
application effective for the 1995 and succeeding crop years. The crop
insurance provisions of the sugarcane endorsement of 7 CFR part 401,
General Crop Insurance Regulations are also amended to restrict their
application effective for the 1996 and succeeding crop years. The FCIC
further amends the crop insurance provisions of the nursery crop
insurance regulations of 7 CFR part 406 to restrict their application
effective for the 1996 and succeeding crop years. These sections and 7
CFR part 406 have been replaced by policy provisions added to the
Common Crop Insurance Regulations located at 7 CFR part 457.
EFFECTIVE DATE: November 13, 1995.
FOR FURTHER INFORMATION CONTACT: Diana Moslak, Regulatory and
Procedural Development Staff, Federal Crop Insurance Corporation, U.S.
Department of Agriculture, Washington, D.C. 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
does not constitute a review as to the need, currency, clarity, and
effectiveness of these regulations under those procedures.
This rule has been determined to be exempt for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget (``OMB''). Since this rule relates
solely to internal agency management, and will have no effect on the
public, this rule is exempt from regulatory review under Executive
Order 12866, and good cause is shown for publishing this rule as a
final rule without the customary opportunity for notice and comment.
In accordance with the Paperwork Reduction Act of 1985 (44 U.S.C.
chapter 35), no information collection or record-keeping requirements
are found in this rule.
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. This action does not increase the paperwork
burden on the insured producer or the reinsured company. 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 will
preempt state and local laws to the extent such state and local laws
are inconsistent herewith. The administrative appeal provisions
promulgated by the National Appeals Division under Pub. L. 103-354 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.
This regulatory action is being taken as part of the National
Performance Review program to eliminate unnecessary regulations and
improve those that remain in force.
The intended effect of this rule is to provide a standard set of
policy provisions and a master policy for insuring most of the crops
insured under the provisions of the Federal Crop Insurance Act, as
amended, to substantially reduce: (1) The time involved for future
amendment or revision of policy provisions; (2) the necessity of the
repeated policy review process; and (3) the volume of paperwork
processed by the FCIC, the Consolidated Farm Service Agency (``CFSA''),
and the reinsured insurance companies.
The sections restricted by this rule include: the wheat
endorsement, the winter coverage option for wheat, the barley
endorsement, the winter coverage option for barley, the oat
endorsement, the rye endorsement, the corn endorsement, the corn silage
option, the grain sorghum endorsement, the flaxseed endorsement, the
soybean endorsement, the cotton endorsement, the ELS cotton
endorsement, the sunflower seed endorsement, the malting barley option,
the fig endorsement, the nursery crop insurance regulations, and the
sugarcane endorsement. These crop insurance policies have been replaced
by the small grains crop insurance provisions, the winter wheat
coverage option, the malting barley option, the
[[Page 56934]]
cotton crop insurance provisions, the ELS cotton crop insurance
provisions, the coarse grains crop insurance provisions, the sunflower
seed crop insurance provisions, the fig crop insurance provisions, the
nursery crop insurance provisions and the nursery frost, freeze, and
cold damage exclusion option, and the sugarcane crop insurance
provisions located at 7 CFR 457.101, 457.102, 457.103, 457.104,
457.105, 457.108, 457.110, 457.113, 457.114, 457.115, and 457.116. Such
policy provisions, as endorsements to the General Crop Insurance
Regulations, are no longer effective for the 1995 and succeeding crop
years (1996 and succeeding crop years for the nursery crop insurance
provisions and the sugarcane endorsement). FCIC will later publish a
regulation to remove and reserve these sections and part.
List of Subjects
7 CFR Part 401
Crop insurance, barley, corn, corn silage, cotton, ELS cotton, fig,
flaxseed, grain sorghum, oat, rye, soybean, sugarcane, sunflower seed,
and wheat.
7 CFR Part 406
Crop insurance, nursery.
Final 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
parts 401 and 406) 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(l).
2. The introductory text of Sec. 401.101 is revised to read as
follows:
Sec. 401.101 Wheat endorsement.
The provisions of the Wheat Crop Insurance Endorsement for the 1988
through the 1994 crop years are as follows:
* * * * *
3. Section 401.102 is amended by revising the introductory text and
the undesignated paragraph immediately following the listing of
counties under SOUTH DAKOTA to read as follows:
Sec. 401.102 The winter coverage option for wheat.
The Winter Coverage Option for wheat is available in the following
counties and states beginning in the 1988 through 1994 crop years:
* * * * *
The provisions of the Winter Coverage Option for Wheat for the 1988
through 1994 crop years are as follows:
* * * * *
4. The introductory text of Sec. 401.103 is revised to read as
follows:
Sec. 401.103 Barley endorsement.
The provisions of the Barley Crop Insurance Endorsement for the
1988 through the 1994 crop years are as follows:
* * * * *
5. Section 401.104 is amended by revising the second undesignated
paragraph to read as follows:
Sec. 401.104 Winter coverage option for barley.
* * * * *
The provisions of the Winter Coverage Option for Barley for the
1988 through 1994 crop years are as follows:
* * * * *
6. The introductory text of Sec. 401.105 is revised to read as
follows:
Sec. 401.105 Oat endorsement.
The provisions of the Oat Crop Insurance Endorsement for the 1988
through 1994 crop years are as follows:
* * * * *
7. The introductory text of Sec. 401.106 is revised to read as
follows:
Sec. 401.106 Rye endorsement.
The provisions of the Rye Crop Insurance Endorsement for the 1988
through 1994 crop years are as follows:
* * * * *
8. The introductory text of Sec. 401.111 is revised to read as
follows:
Sec. 401.111 Corn endorsement.
The provisions of the Corn Crop Insurance Endorsement for the 1988
through 1994 crop years are as follows:
* * * * *
9. Section 401.112 is amended by revising the introductory text and
the undesignated paragraph immediately following the Corn Silage Option
chart to read as follows:
Sec. 401.112 Corn silage option.
The provisions of the Corn Silage Crop Insurance Option to the Corn
Crop Insurance Endorsement for the 1988 through 1994 crop years are as
follows:
* * * * *
Upon our approval, this amendment is applicable for the 1988
through 1994 crop years.
* * * * *
10. The introductory text of Sec. 401.113 is revised to read as
follows:
Sec. 401.113 Grain sorghum endorsement.
The provisions of the Grain Sorghum Crop Insurance Endorsement for
the 1988 through 1994 crop years are as follows:
* * * * *
11. The introductory text of Sec. 401.116 is revised to read as
follows:
Sec. 401.116 Flaxseed endorsement.
The provisions of the Flaxseed Crop Insurance Endorsement for the
1988 through 1994 crop years are as follows:
* * * * *
12. The introductory text of Sec. 401.117 is revised to read as
follows:
Sec. 401.117 Soybean endorsement.
The provisions of the Soybean Crop Insurance Endorsement for the
1988 through 1994 crop years are as follows:
* * * * *
13. The introductory text of Sec. 401.119 is revised to read as
follows:
Sec. 401.119 Cotton endorsement.
The provisions of the Cotton Crop Insurance Endorsement for the
1990 through 1994 crop years are as follows:
* * * * *
14. The introductory text of Sec. 401.121 is revised to read as
follows:
Sec. 401.121 ELS cotton endorsement.
The provisions of the ELS Cotton Crop Insurance Endorsement for the
1990 through 1994 crop years are as follows:
* * * * *
15. The introductory text of Sec. 401.124 is revised to read as
follows:
Sec. 401.124 Sunflower seed crop endorsement.
The provisions of the Sunflower Seed Crop Insurance Endorsement for
the 1988 through 1994 crop years are as follows:
* * * * *
16. The introductory text of Sec. 401.125 is revised to read as
follows:
Sec. 401.125 Fig endorsement.
The provisions of the Fig Crop Insurance Endorsement for the 1988
through 1994 crop years are as follows:
* * * * *
17. The introductory text of Sec. 401.133 is revised to read as
follows:
Sec. 401.133 Sugarcane endorsement.
The provisions of the Sugarcane Crop Insurance Endorsement for the
1991 through 1995 crop years are as follows:
* * * * *
18. The introductory text of Sec. 401.135 is revised to read as
follows:
[[Page 56935]]
Sec. 401.135 Malting barley option.
The provisions of the Malting Barley Option for the 1989 through
1994 crop years are as follows:
* * * * *
PART 406--[AMENDED]
19. The authority citation for 7 CFR part 406 is revised to read as
follows:
Authority: 7 U.S.C. 1506(l).
20. Section 406.7 is amended by revising the introductory text of
paragraph (d) of the Nursery Crop Insurance Regulations to read as
follows:
Sec. 406.7 The application and policy.
* * * * *
(d) The application for the 1989 through 1995 crop years is found
at subpart D of part 400, General Administrative Regulations (7 CFR
400.37, 400.38). The provisions of the Nursery Crop Insurance Policy
for the 1989 through 1995 crop years are as follows:
* * * * *
Done in Washington, DC, on November 2, 1995.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-27875 Filed 11-9-95; 8:45 am]
BILLING CODE 3410-FA-P
