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.

Proposed Rules Federal Register

37919

Vol. 65, No. 118

Monday, June 19, 2000

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563–AB79

Common Crop Insurance Regulations;

Millet Crop Insurance Provisions

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Proposed rule with requests for

comments.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) proposes to add to

its regulations a new section that

provides for the insurance of millet. The

provisions will be used in conjunction

with the Common Crop Insurance

Policy Basic Provisions, which contain

standard terms and conditions common

to most crops. The intended effect of

this action is to convert the millet pilot

crop insurance program to a permanent

insurance program administered by

FCIC for the 2002 and succeeding crop

years.

DATES: Written comments and opinions

on this proposed rule will be accepted

until close of business August 18, 2000

and will be considered when the rule is

to be made final. The comment period

for information collections under the

Paperwork Reduction of 1995 continues

through August 18, 2000.

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. Comments

titled ‘‘Millet Crop Insurance

Provisions’’ may be sent via the Internet

to (PDD.Director

@RM.FCIC.USDA.GOV). A copy of each

response will be available for public

inspection and copying from 7 a.m. to

4:30 p.m., CDT, Monday through Friday,

except holidays, at the above address.

FOR FURTHER INFORMATION CONTACT: Gary

Johnson, 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

not-significant for the purpose of

Executive Order 12866 and, therefore,

has not been reviewed by the Office of

Management and Budget (OMB).

Paperwork Reduction Act of 1995

In accordance with section 3507(j) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501), the information

collection or recordkeeping

requirements included in the proposed

rule have been submitted for approval to

the Office of Management and Budget

(OMB). Please submit your written

comments to the Clearance Officer,

OCIO, USDA, room 404–W, 14th Street

and Independence Avenue S.W.,

Washington D.C. 20250. A comment to

OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication of this proposed rule.

We are soliciting comments from the

public concerning our proposed

information collection and

recordkeeping. We need this output to

help us:

(1) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information has practical

utility;

(2) Evaluate the accuracy of our

estimate of the burden of the proposed

collection of information, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

collection of information on those who

are to respond (such as through the use

of appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission responses.)

The collections of information for this

rule revise the Multiple Peril Crop

Insurance Collections of Information

0563–0053, which expires on April 30,

2001.

Title: Multiple Peril Crop Insurance

(Millet).

Abstract: This provision will replace

and supersede the current millet pilot

crop insurance program with a

permanent millet crop insurance

program that is codified in the Code of

Federal Regulations. The proposed rule

adds prevented planting coverage. The

proposed rule will allow for expansion

of the program to more producers of

millet.

Purpose: The purpose of this

proposed rule is to replace and

supersede the current millet pilot crop

insurance program with a permanent

millet crop insurance program that is

codified in the Code of Federal

Regulations.

Burden statement: The information

that FCIC collects on the specified forms

will be used in offering crop insurance

coverage, determining program

eligibility, establishing a production

guarantee, calculating losses qualifying

for payment, etc.

Estimate of Burden: We estimate that

it will take insured producers, a loss

adjuster, and an insurance agent an

average of .8 of an hour to provide the

information required by the Millet Crop

Insurance Provisions.

Respondents: Insureds, insurance

agents, and loss adjusters.

Estimated annual number of

respondents: 1,136

Estimated annual number of

responses per respondent: 2.4

Estimated total annual burden on

respondents: 879

Recordingkeeping requirements: FCIC

requires records to be kept for three

years, and all records required by FCIC

are retained as part of the normal

business practice. Therefore, FCIC is not

estimating additional burden related to

recordkeeping.

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act 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 the 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

the UMRA.

37920 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Proposed Rules

Executive Order 13132

It has been determined under section

1(a) of Executive Order 13132,

Federalism, that this rule does not have

sufficient implications to warrant the

consultation with the states. The

provisions contained in this rule will

not have a substantial direct effect on

States, 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.

The availability of insurance for the

current population of millet entities is

limited to the two pilot states that have

the majority of the millet production.

New provisions included in this rule

will not impact small entities to a

greater extent than large entities. The

amount of work required of insurance

companies should not increase because

the information used to determine

eligibility is already maintained at their

office. 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 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 may be brought.

Environmental Evaluation

This action is not expected to have a

significant 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 offered a pilot crop insurance

program for the millet in 1996. The pilot

program was successfully completed

and had a loss ratio of 0.62. The pilot

millet program insured more than 2,000

producers and approximately 250,000

acres for the 1996 through 2001 crop

years.

FCIC has decided to make the millet

crop insurance program a permanent

crop insurance program. To effectuate

this, FCIC proposes to add to the

Common Crop Insurance regulations (7

CFR part 457) a new section 7 CFR

457.165, Millet Crop Insurance

Provisions. The millet crop insurance

provisions are similar to other actual

production history based crop insurance

programs, including small grains.

However, the millet crop insurance

programs offers a different percent

reduction for late planted acreage to

more accurately reflect the increased

risk. Further, although not available

under the millet pilot program, the

proposed rule will include prevented

planting coverage.

The proposed provisions will be

effective for the 2002 and succeeding

crop years. These provisions will

replace and supersede the current

unpublished provisions that insure

millet under pilot program status.

List of Subjects in 7 CFR Part 457

Crop insurance, Millet, Reporting and

recordkeeping requirements.

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

1. The authority citation for 7 CFR

part 457 continues to read as follows:

Authority: 7 U.S.C. 1506(l), 1506(p).

2. Section 457.165 is added to read as

follows:

§ 457.165 Millet crop insurance provisions.

The Millet Crop Insurance Provisions

for the 2001 and succeeding crop years

are as follows:

FCIC policies:

UNITED STATES DEPARTMENT OF

AGRICULTURE

Federal Crop Insurance Corporation

Reinsured policies:

(Appropriate title for insurance provider)

Both FCIC and reinsured policies:

Millet crop insurance provisions

If a conflict exists among the policy

provisions, the order of priority is as follows:

(1) The Catastrophic Risk Protection

Endorsement, if applicable; (2) the Special

Provisions; (3) these Crop Provisions; and (4)

the Basic Provisions with (1) controlling (2),

etc.

1. Definitions

Bushel. Fifty pounds of millet, or any other

quantity which is designated in the Special

Provisions for that purpose.

Harvest. Combining or threshing the millet

for grain. A crop that is swathed prior to

combining is not considered harvested.

Late planting period. In lieu of the

definition of ‘‘late planting period’’ contained

in section 1 of the Basic Provisions, late

planting period is defined as the period that

begins the day after the final planting date for

the insured crop and ends 20 days after the

final planting date.

Local market price. The cash price for

millet with a 50-pound test weight adjusted

to zero percent foreign material content basis

offered by buyers in the area in which you

normally market the millet. Factors not

associated with grading, including but not

limited to moisture content, will not be

considered.

Millet. Proso millet produced for grain to

be used primarily as bird and livestock feed.

Nurse crop (companion crop). A crop

planted into the same acreage as another

crop, that is intended to be harvested

separately, and that is planted to improve

growing conditions for the crop with which

it is grown.

Planted acreage. In addition to the

definition of ‘‘Planted acreage’’ contained in

section 1 of the Basic Provisions, planted

acreage is also defined as land on which seed

is initially spread onto the soil surface by any

method and is subsequently mechanically

incorporated into the soil in a timely manner

and at the proper depth. Acreage planted in

any manner not contained in the definition

of ‘‘planted acreage’’ will not be insurable

unless otherwise provided by the Special

Provisions or actuarial documents.

Swathed. Severance of the stem and grain

head from the ground without removal of the

seed from the head and placing into a

windrow.

Windrow. Millet that is cut and placed in

a row.

2. Insurance Guarantees, Coverage Levels,

and Prices for Determining Indemnities

In addition to the requirements of section

3 of the Basic Provisions, you may select only

one price election for all the millet in the

county insured under this policy.

3. Contract Changes

In accordance with section 4 of the Basic

Provisions, the contract change date is

November 30 preceding the cancellation

date.

4. Cancellation and Termination Dates

In accordance with section 2 of the Basic

Provisions, the cancellation and termination

dates are March 15.

5. Insured Crop

In accordance with section 8 of the Basic

Provisions, the crop insured will be all the

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Proposed Rules 37921

millet in the county for which a premium

rate is provided by the actuarial documents:

(a) In which you have a share;

(b) That is planted for harvest as grain; and

(c) That is not (unless allowed by Special

Provisions or by written agreement):

(1) Interplanted with another crop;

(2) Planted into an established grass or

legume; or

(3) Planted as a nurse crop, unless the

millet is harvested as grain.

6. Insurable Acreage

In addition to the provisions of section 9

of the Basic Provisions, any acreage of the

insured crop damaged before the final

planting date, to the extent that a majority of

producers in the area would not normally

further care for the crop, must be replanted

unless we agree that it is not practical to

replant.

7. Insurance Period

In accordance with the provisions of

section 11 of the Basic Provisions, the

calendar date for the end of the insurance

period is the date immediately following

planting as follows:

(a) North Dakota and South Dakota:

(1) September 15 for acreage not swathed

and windrowed; or

(2) October 10 for acreage swathed and

windrowed by September 15;

(b) All other states:

(1) September 30 for acreage not swathed

and windrowed by September 30; or (2)

October 15 for acreage swathed and

windrowed by September 30.

8. Causes of Loss

In accordance with the provisions of

section 12 of the Basic Provisions, insurance

is provided only against the following causes

of loss that occur within the insurance

period:

(a) Adverse weather conditions;

(b) Fire;

(c) Insects, but not damage due to

insufficient or improper application of pest

control measures;

(d) Plant disease, but not damage due to

insufficient or improper application of

disease control measures;

(e) Wildlife;

(f) Earthquake;

(g) Volcanic eruption; or

(h) Failure of the irrigation water supply,

if caused by an insured cause of loss that

occurs during the insurance period.

9. Duties In the Event of Damage or Loss

In accordance with the requirements of

section 14 of the Basic Provisions, the

representative samples of the unharvested

crop must be at least 10 feet wide and extend

the entire length of each field in the unit. The

samples must not be harvested or destroyed

until the earlier of our inspection or 15 days

after harvest of the balance of the unit is

completed.

10. Settlement of Claim

(a) We will determine your loss on a unit

basis. In the event you are unable to provide

records of production:

(1) For any optional unit, we will combine

all optional units for which acceptable

records of production were not provided; or

(2) For any basic unit, we will allocate any

commingled production to such units in

proportion to our liability on the harvested

acreage for each unit.

(b) In the event of loss or damage covered

by this policy, we will settle your claim on

any unit by:

(1) Multiplying the insured acreage by the

production guarantee;

(2) Subtracting result the total production

to count (See section 10(c)) from the result

of section 10(b)(1);

(3) Multiplying the result of section

10(b)(2) by your price election; and

(4) Multiplying the result of section

10(b)(3) by your share and any adjustment

from section 10(f).

For example:

You have a 100 percent share in 100 acres

of millet in the unit, with a guarantee of 15

bushels per acre and a price election of $4.00

per bushel. You are only able to harvest 800

bushels. Your indemnity would be calculated

as follows:

(1) 100 acres × 15 bushel=1,500 bushel

guarantee;

(2) 1,500 bushel guarantee¥800 bushel

production to count=700 bushel loss;

(3) 700 bushel × $4.00 price

election=$2,800 loss; and;

(4) $2,800 × 100 percent share=$2,800

indemnity payment.

(c) The total production (bushels) to count

from all insurable acreage on the unit will

include:

(1) All appraised production as follows:

(i) Your appraised production will not be

less than the production guarantee for

acreage:

(A) That is abandoned;

(B) Put to another use without our consent;

(C) Damaged solely by uninsured causes; or

(D) For which you fail to provide records

of production that are acceptable to us;

(ii) Production lost due to uninsured

causes;

(iii) Unharvested production (mature

unharvested production may be adjusted for

quality deficiencies and excess moisture in

accordance with section 10(d));

(iv) Potential production on insured

acreage you want to put to another use or you

wish to abandon, if you and we agree on the

appraised amount of production. Upon such

agreement, the insurance period for that

acreage will end if you put the acreage to

another use or abandon the crop. If

agreement on the appraised amount of

production is not reached:

(A) If you do not elect to continue to care

for the crop, we may give you consent to put

the acreage to another use if you agree to

leave intact, and provide sufficient care for,

representative samples of the crop in

locations acceptable to us. (The amount of

production to count for such acreage will be

based on the harvested production or

appraisals from the samples at the time

harvest should have occurred. If you do not

leave the required samples intact, or you fail

to provide sufficient care for the samples, our

appraisal made prior to giving you consent to

put the acreage to another use will be used

to determine the amount of production to

count); or

(B) If you elect to continue to care for the

crop, the amount of production to count for

the acreage will be the harvested production,

or our reappraisal if additional damage

occurs and the crop is not harvested; and

(2) All harvested production from the

insurable acreage.

(d) Mature millet may be adjusted for

excess moisture and quality deficiencies. If

moisture adjustment is applicable, it will be

made prior to any adjustment for quality.

(1) Production will be reduced by .12

percent for each 0.1 percent point of moisture

in excess of .12 percent. We may obtain

samples of the production to determine the

moisture content.

(2) Production will be eligible for quality

adjustment if:

(i) Deficiencies in quality result in the

millet weighing less than 50 pounds per

bushel; or

(ii) Substances or conditions are present

that are identified by the Food and Drug

Administration or other public health

organizations of the United States as being

injurious to human or animal health.

(3) Quality will be a factor in determining

your loss only if:

(i) The deficiencies, substances, or

conditions resulted from a cause of loss

against which insurance is provided under

these crop provisions and within the

insurance period;

(ii) The deficiencies, substances, or

conditions result in a net price for the

damaged production that is less than the

local market price;

(iii) All determinations of these

deficiencies, substances, or conditions are

made using samples of the production

obtained by us or by a disinterested third

party approved by us; and

(iv) The samples are analyzed by a grader

or by a laboratory approved by us with regard

to substances or conditions injurious to

human or animal health (test weight for

quality adjustment purposes may be

determined by our loss adjuster).

(4) Millet production that is eligible for

quality adjustment, as specified in sections

10(d)(2) and (3), will be reduced by the

quality adjustment factor contained in the

Special Provisions if quality adjustment

factors are not available in the county, the

eligible millet production will be reduced as

follows:

(i) The market price of the qualifying

damaged production and the local market

price will be determined on the earlier of the

date such quality adjusted production is sold

or the date of final inspection for the unit.

(ii) The price for the qualifying damaged

production will be the market price for the

local area to the extent feasible. Discounts

used to establish the net price of the damaged

production will be limited to those that are

usual, customary, and reasonable. The price

will not be reduced for:

(A) Moisture content;

(B) Damage due to uninsured causes; or

(C) Drying, handling, processing, or any

other costs associated with normal

harvesting, handling, and marketing of the

millet; except, if the value of the damaged

37922 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Proposed Rules

production can be increased by conditioning,

we may reduce the value of the production

after it has been conditioned by the cost of

conditioning but not lower than the value of

the production before conditioning. We may

obtain prices from any buyer of our choice.

If we obtain prices from one or more buyers

located outside your local market area, we

will reduce such prices by the additional

costs required to deliver the millet to those

buyers.

(iii) The value of the damaged or

conditioned production determined in

section 10(d)(4)ii) will be divided by the

local market price to determine the quality

adjustment factor;

(iv) The number of bushels remaining after

any reduction due to excessive moisture (the

moisture-adjusted gross bushel, if

appropriate) of the damaged or conditioned

production under section 10(d)(i) will then

be multiplied by the quality adjustment

factor from section 10(d)(4)(iii) to determine

the production to count.

(e) Any production harvested from plants

growing in the insured crop may be counted

as production of the insured crop on a weight

basis.

(f) If the insured crop is not swathed, the

amount of indemnity payable under section

10(b) will be reduced by 30 percent to reflect

those costs not incurred by you. If the

insured crop is swathed by not harvested, the

amount of indemnity payable under section

10(b) will be reduced by 15 percent to reflect

those costs incurred by you.

11. Late Planting

In lieu of the provisions contained in

section 16(a) of the Basic Provisions, the

production guarantee for each acre planted to

the insured crop during the late planting

period, unless otherwise specified in the

Special Provisions, will be reduced by:

(a) One percent for the first through the

tenth day; and

(b) Three percent for the eleventh through

the twentieth day.

12. Prevented Planting

Your prevented planting coverage will be

60 percent of your production guarantee for

timely planted acreage. If you have limited or

additional levels of coverage, as specified in

7 CFR part 400, subpart T, and pay an

additional premium, you may increase your

prevented planting coverage to a level

specified in the actuarial documents.

Signed in Washington, D.C., on June 5,

2000.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 00–15322 Filed 6–16–00; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–376–AD]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model DH.125, Model HS.125, Model

BH.125, Model BAe125 Series 800A

(Including Major Variants C–29A and

U1–25), Model Hawker 800, Model

Hawker 800XP, and Model Hawker 1000

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Raytheon Model DH.125, Model

HS.125, Model BH.125, Model BAe.125

Series 800A, Model Hawker 800, Model

Hawker 800XP, and Model Hawker 1000

series airplanes. This proposal would

require leak checks and inspections for

corrosion of the pitot/static and stall

vent drain valves, and replacement of

certain components, if necessary. This

proposal is prompted by reports of

plugged or taped drain valves as well as

consequent corrosion of certain drain

valves. The actions specified by the

proposed AD are intended to prevent

erroneous altimeter and airspeed

indications due to plugged or taped

pitot/static and stall vent drain valves.

DATES: Comments must be received by

August 3, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

376–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

Raytheon Aircraft Company, Manager

Service Engineering, Hawker Customer

Support Department, P. O. Box 85,

Wichita, Kansas 67201–0085. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Small

Airplane Directorate, Wichita Aircraft

Certification Office, 1801 Airport Road,

Room 100, Mid-Continent Airport,

Wichita, Kansas.

FOR FURTHER INFORMATION CONTACT: Paul

DeVore, Aerospace Engineer, Systems

and Propulsion Branch, ACE–116W,

FAA, Small Airplane Directorate,

Wichita, Kansas 672029; telephone

(316) 946–4142; fax (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 99–NM–376–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

99–NM–376–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received reports of

plugged or taped pitot/static and stall

vent drain valves. The reports indicate

that corrosion also was detected in some

valves. This condition, if not corrected,

could result in erroneous altimeter and

airspeed indications.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Raytheon Aircraft Service Bulletin SB

34–3207, dated August 1999, which

describes procedures for performing

repetitive leak checks of the pitot/static