Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations 4119

(3) That is set out for the purpose of

growing fruit to be harvested for the

commercial production of fresh fruit or for

juice;

(4) That is irrigated; and

(5) That have the potential to produce at

least 70 percent of the county average yield

for the crop and age, unless a written

agreement is approved to insure the trees

with lesser potential.

(b) In addition to section 8 (Insured Crop)

of the Basic Provisions (§ 457.8), we do not

insure any citrus trees:

(1) During the crop year the application for

insurance is filed, unless we inspect the

acreage and consider it acceptable; or

(2) That have been grafted onto existing

root stock or nursery stock within the oneyear period prior to the date insurance

attaches.

(c) We may exclude from insurance or limit

the amount of insurance on any acreage that

was not insured the previous year.

8. Insurable Acreage

In lieu of the provisions in section 9

(Insurable Acreage) of the Basic Provisions

(§ 457.8), that prohibit insurance attaching to

a crop planted with another crop, citrus trees

interplanted with another perennial crop are

insurable, unless we inspect the acreage and

determine that it does not meet the

requirements contained in your policy.

9. Insurance Period

In lieu of the provisions of section 11

(Insurance Period) of the Basic Provisions

(§ 457.8):

(a) The insurance period is as follows:

(1) For the 1998 crop year only, coverage

will begin on June 1, 1997, and will end on

November 20, 1998.

(2) For all subsequent crop years, coverage

begins on November 21 of the calendar year

prior to the year the insured crop normally

blooms, except that for the year of

application, if your application is received

after November 11 but prior to November 21,

insurance will attach on the 10th day after

your properly completed application is

received in our local office, unless we inspect

the acreage during the 10 day period and

determine that it does not meet the

requirements for insurability contained in

your policy. You must provide any

information that we require for the crop or

to determine the condition of the grove.

(3) The calendar date for the end of the

insurance period for each crop year is

November 20.

(b) If you acquire an insurable share in any

insurable acreage after coverage begins but on

or before the acreage reporting date for the

crop year, and after an inspection we

consider the acreage acceptable, insurance

will be considered to have attached to such

acreage on the calendar date for the

beginning of the insurance period.

(c) If you relinquish your insurable share

on any insurable acreage of citrus trees on or

before the acreage reporting date for the crop

year, insurance will not be considered to

have attached to and no premium or

indemnity will be due for such acreage for

that crop year unless:

(1) A transfer of coverage and right to an

indemnity, or a similar form approved by us,

is completed by all affected parties;

(2) We are notified by you or the transferee

in writing of such transfer on or before the

acreage reporting date; and

(3) The transferee is eligible for crop

insurance.

10. Causes of Loss

In accordance with the provisions of

section 12 (Causes of Loss) of the Basic

Provisions (§ 457.8), insurance is provided

only against the following causes of loss that

occur within the insurance period:

(a) Excess precipitation;

(b) Excess wind;

(c) Fire, unless weeds and other forms of

undergrowth have not been controlled or

pruning debris has not been removed from

the grove;

(d) Freeze;

(e) Hail;

(f) Tornado; or

(g) Failure of the irrigation water supply if

caused by an insured peril or drought that

occurs during the insurance period.

11. Duties In The Event of Damage or Loss

In addition to the requirements of section

14 (Duties in the Event of Damage or Loss)

of the Basic Provisions (§ 457.8), in case of

damage or probable loss, if you intend to

claim an indemnity on any unit, you must

allow us to inspect all insured acreage before

pruning, dehorning, or removal of any

damaged trees.

12. Settlement of Claim

(a) In the event of damage covered by this

policy, we will settle your claim on a unit

basis by:

(1) Determining the actual percent of

damage for the unit in accordance with

sections 12 (b), (c), and (d);

(2) Subtracting your deductible from the

percent of damage for the unit (this result

must be greater than zero to receive an

indemnity);

(3) Dividing the result of section 12(a)(2) by

your coverage level percentage;

(4) Multiplying the result of section

12(a)(3) by the amount of insurance per acre

determined in accordance with section

3(b)(2);

(5) Multiplying the result of section

12(a)(4) by the number of insured acres; and

(6) Multiplying the result of section

12(a)(5) by your share.

(b) The percent of damage for any tree will

be determined as follows:

(1) For damage occurring during the year

of set out (trees that have not been set out for

at least one year at the time insurance

attaches):

(i) One-hundred percent (100%) whenever

there is no live wood above the bud union;

(ii) Ninety percent (90%) whenever there is

less than 12 inches of live wood above the

bud union; or

(iii) The tree will be considered

undamaged whenever there is more than 12

inches of live wood above the bud union; or

(2) For damage occurring in any year

following the year of set out:

(i) The percentage of damage will be

determined by dividing the number of

scaffold limbs damaged in an area from the

trunk to a length equal to one-fourth (1⁄4) the

height of the tree, by the total number of

scaffold limbs before damage occurred.

Whenever this percentage exceeds 80

percent, the tree will be considered as 100

percent damaged.

(ii) The percent of damage for the unit will

be determined by computing the average of

the determinations made for the individual

trees. If this percent of damage exceeds 80

percent, the unit will be considered 100

percent damaged.

(c) The percent of damage on the unit will

be reduced by the percentage of damage due

to uninsured causes.

13. Written Agreement

Designated terms of this policy may be

altered by written agreement in accordance

with the following:

(a) You must apply in writing for each

written agreement no later than the sales

closing date, except as provided in section

13(e);

(b) The application for a written agreement

must contain all variable terms of the

contract between you and us that will be in

effect if the written agreement is not

approved;

(c) If approved, the written agreement will

include all variable terms of the contract,

including, but not limited to, crop type or

variety, the guarantee, premium rate, and

price election;

(d) Each written agreement will only be

valid for one year (If the written agreement

is not specifically renewed the following

year, insurance coverage for subsequent crop

years will be in accordance with the printed

policy); and

(e) An application for a written agreement

submitted after the sales closing date may be

approved if, after a physical inspection of the

acreage, it is determined that no loss has

occurred and the crop is insurable in

accordance with the policy and written

agreement provisions.

Signed in Washington, D.C., on January 22,

1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–2040 Filed 1–28–97; 8:45 am]

BILLING CODE 3410–FA–P

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 96–043–2]

Brucellosis in Cattle; State and Area

Classifications; Louisiana

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rule as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim rule

that amended the brucellosis regulations

concerning the interstate movement of

cattle by changing the classification of

Louisiana from Class A to Class Free.
4120 Federal Register / Vol. 62, No. 19 / Wednesday, January 29, 1997 / Rules and Regulations

We have determined that Louisiana

meets the standards for Class Free

status. The interim rule was necessary

to relieve certain restrictions on the

interstate movement of cattle from

Louisiana.

EFFECTIVE DATE: The interim rule was

effective on October 31, 1996.

FOR FURTHER INFORMATION CONTACT: Dr.

Michael J. Gilsdorf, Senior Staff

Veterinarian, Brucellosis Eradication

Staff, VS, APHIS, USDA, Suite 3B08,

4700 River Road Unit 36, Riverdale, MD

20737–1236; (301) 734–7708.

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective and

published in the Federal Register on

October 31, 1996 (61 FR 56116–56118,

Docket No. 96–043–1), we amended the

brucellosis regulations in 9 CFR part 78

by removing Louisiana from the list of

Class A States in § 78.41(b) and adding

it to the list of Class Free States in

§ 78.41(a).

Comments on the interim rule were

required to be received on or before

December 30, 1996. We did not receive

any comments. The facts presented in

the interim rule still provide a basis for

the rule.

This action also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act,

Executive Orders 12372 and 12988, and

the Paperwork Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

List of Subjects in 9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

PART 78—BRUCELLOSIS

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 9 CFR 78 and that

was published at 61 FR 56116–56118 on

October 31, 1996.

Authority: 21 U.S.C. 111–114a-1, 114g,

115, 117, 120, 121, 123–126, 134b, and 134f;

7 CFR 2.22, 2.80, and 371.2(d).

Done in Washington, DC, this 23rd day of

January 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–2198 Filed 1–28–97; 8:45 am]

BILLING CODE 3410–34–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 20 and 35

RIN 3150–AE41

Criteria for the Release of Individuals

Administered Radioactive Material

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations concerning the criteria for

the release of patients administered

radioactive material. The new criteria

for patient release are based on the

potential dose to other individuals

exposed to the patient. The new criteria

are consistent with the

recommendations of the National

Council on Radiation Protection and

Measurements (NCRP) and the

International Commission on

Radiological Protection (ICRP). This

final rule requires the licensee to

provide written instructions to patients

on how to maintain the doses to others

as low as is reasonably achievable if the

total effective dose equivalent to any

other individual exposed to the released

patient is likely to exceed 1 millisievert

(0.1 rem). This final rule responds to

three petitions for rulemaking regarding

the criteria for release of patients

administered radioactive material.

EFFECTIVE DATE: May 29, 1997.

ADDRESSES: Copies of Regulatory Guide

8.39, ‘‘Release of Patients Administered

Radioactive Materials’’; the final

regulatory analysis, NUREG–1492,

‘‘Regulatory Analysis on Criteria for the

Release of Patients Administered

Radioactive Material’’ (1997); Revision 2

of NUREG/BR–0058, ‘‘Regulatory

Analysis Guidelines of the U.S. Nuclear

Regulatory Commission’’ (1996); and the

public comments received on the

proposed rule may be examined and

copied for a fee in the Commission’s

Public Document Room at 2120 L Street

NW. (Lower Level), Washington, DC.

Single copies of Regulatory Guide 8.39

may be obtained free of charge by

writing the Office of Administration,

Attn: Distribution and Services Section,

USNRC, Washington, DC 20555, or by

fax at (301) 415–2260. Single copies of

NUREG–1492 and NUREG/BR–0058

may be purchased at current rates from

the U.S. Government Printing Office,

P.O. Box 37082, Washington, DC 20402–

9328 (telephone (202) 512–1800); or

from the National Technical Information

Service at 5285 Port Royal Road,

Springfield, VA 22161.

FOR FURTHER INFORMATION CONTACT:

Stewart Schneider, Office of Nuclear

Regulatory Research, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555, telephone (301) 415–6225.

I. Background

Each year in the United States,

radioactive pharmaceuticals or

compounds or radioactive implants are

administered to approximately 8 to 9

million individuals for the diagnosis or

treatment of disease or for human

research. These individuals to whom

radioactive materials have been

administered are hereinafter referred to

as ‘‘patients.’’ These patients can expose

others around them to radiation until

the radioactive material has been

excreted from their bodies or the

radioactivity has decayed away.

NRC’s current patient release criteria

in 10 CFR 35.75, ‘‘Release of patients or

human research subjects containing

radiopharmaceuticals or permanent

implants,’’ are as follows:

‘‘(a) A licensee may not authorize

release from confinement for medical

care any patient or human research

subject administered a

radiopharmaceutical until either: (1)

The measured dose rate from the patient

or human research subject is less than

5 millirems per hour at a distance of 1

meter; or (2) The activity in the patient

or human research subject is less than

30 millicuries; (b) A licensee may not

authorize release from confinement for

medical care of any patient or human

research subject administered a

permanent implant until the measured

dose rate from the patient or human

research subject is less than 5 millirems

per hour at a distance of 1 meter.’’

On May 21, 1991 (56 FR 23360), the

NRC published a final rule that

amended 10 CFR part 20, ‘‘Standards for

Protection Against Radiation.’’ The rule

contained limits on the radiation dose

for members of the public in 10 CFR

20.1301. However, when 10 CFR part 20

was issued, there was no discussion in

the supplementary information on

whether or how the provisions of 10

CFR 20.1301 were intended to apply to

the release of patients.

Some licensees were uncertain about

what effect the revised 10 CFR part 20

would have on patient release criteria,

and two petitions for rulemaking were

received on the issue. On June 12, 1991

(56 FR 26945), the NRC published in the

Federal Register a notice of receipt of,

and request for comment on, a petition

for rulemaking (PRM–20–20) from Dr.

Carol S. Marcus. In addition, Dr. Marcus

submitted a letter dated June 12, 1992,

further characterizing her position.