[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16992]
[[Page Unknown]]
[Federal Register: July 13, 1994]
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DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 406
Nursery Crop Regulations
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Final rule.
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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby amends
the Nursery Crop Insurance regulations, effective for the 1995 and
succeeding crop years, by making a change in the policy to clarify the
method of determining loss.
The Nursery policy contains the term ``said damaged crop'' which
has been interpreted, in some forums, to refer to specific damaged
portion of the crop instead of the unit as was the intent.
EFFECTIVE DATE: This regulation is effective on June 30, 1994.
FOR FURTHER INFORMATION CONTACT:
Mari L. Dunleavy, Federal Crop Insurance Corporation, 14th Street and
Independence Avenue SW., Washington, DC 20250, telephone (202) 254-
8314.
SUPPLEMENTARY INFORMATION: This action has been reviewed under USDA
procedures established by Executive Order 12866 and Department
Regulation 1512-1. This action does not constitute a review as to the
need, currency, clarity, and effectiveness of this regulation under
those procedures. The sunset review date established for these
regulations is March 31, 1999.
This rule has been determined to be ``not significant'' for
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget (OMB).
This action will not have a significant economic effect on a
substantial number of small entities. This action does not increase the
paperwork burden on the reinsured company because the reinsured company
must already provide the additional information required by this
regulation to the state in which it is licensed. Therefore, this action
is determined to be exempt from the provisions of the Regulatory
Flexibility Act 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 requires 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.
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.
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
not retroactive 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 400.169 must be exhausted before
judicial action may be brought.
It has been determined under section 6(a) of Executive Order 12612,
Federalism, that this rule does not have sufficient federalism
implications to warrant the preparation of a Federal Assessment. The
policies and procedures contained in this rule will not have
substantial direct effects on states or their political subdivisions,
or on the distribution of power and responsibilities among the various
levels of government.
On April 25, 1994, the FCIC published a proposed rule at 59 FR
19661 proposing to amend the nursery policy to clarify the method of
determining loss. Comments were requested for 30 days after the
publication of said rule, in which time no comments were received.
Therefore, the FCIC hereby adopts the proposed rule published at 59 FR
19661 as final without changes.
The date by which all changes in this policy must be final is June
30. All present insureds under the policy and all applicants have been
specifically advised of the changes herein. Additionally, changes have
been placed in the agents' office prior to the contract change date.
Good cause is thereby found to make this rule final in less than 30
days.
List of Subjects in 7 CFR Part 406
Crop insurance, Nursery.
Accordingly, 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 amends the Nursery Crop Insurance
Regulations (7 CFR part 406) effective for the 1995 crop year as
follows:
1. The authority citation for 7 CFR part 406 continues to read as
follows:
Authority: 7 U.S.C. 1506, 1516.
2. Section 406.7 is amended in the contract by revising subsection
9.d(1) to read as follows:
Sec. 406.7 The application and policy.
* * * * *
9. Claim for Indemnity
* * * * *
d. * * *
(1) The amount of insurance applicable to the unit less 90% of the
value of the crop remaining on the unit after the loss; or
* * * * *
Sec. 406.7 [Amended]
3. Section 406.7 is amended in the contract by revising subsection
17, redesignating paragraphs e through m as f through n, and by
inserting a new paragraph e to read as follows:
17. Meaning of Terms
* * * * *
e. Crop means all plants eligible for insurance on the unit as
reported on the nursery crop report.
* * * * *
Done in Washington, DC, on June 30, 1994.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 94-16992 Filed 7-12-94; 8:45 am]
BILLING CODE 3410-08-M
