47772 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules

Country/locality Common name Botanical name Plant part(s)

* * * * * * *

China .................................. Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

Dominican Republic ............ Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

Japan .................................. Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

Taiwan ................................ Bamboo ............................. Bambuseae spp. ................ Edible shoot, free of leaves and roots.

* * * * * * *

* * * * *

Done in Washington, DC, this 5th day of

September 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–24129 Filed 9–10–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 400

RIN 0563–AB15

General Administrative Regulations;

Submission of Policies and Provisions

of Policies, and Rates of Premium

AGENCY: Federal Crop Insurance

Corporation.

ACTION: Proposed rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) proposes to amend

its General Administrative Regulations.

The intended effect of this action is to

prescribe the guidelines necessary to

implement and administer sections 506

and 508 of the Federal Crop Insurance

Act, as amended, (Act) with respect to

the submission of policies and

provisions of policies and rates of

premium to FCIC’s Board of Directors

(Board) for review, approval or

disapproval, publication, and

implementation.

DATES: Written comments and opinions

on this rule will be accepted until close

of business November 10, 1997, and will

be considered when the rule is to be

made final.

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.

FOR FURTHER INFORMATION CONTACT:

Timothy Hoffmann, Director, Product

Development Division, Federal Crop

Insurance Corporation, at the Kansas

City, MO, address listed above,

telephone (816) 926–3707.

SUPPLEMENTARY INFORMATION:

Executive Order No. 12866

The Office of Management and Budget

(OMB) has determined this rule to be

not significant for the purposes of

Executive Order 12866 and, therefore,

has not been reviewed by the Office of

Management and Budget.

Paperwork Reduction Act of 1995

It has been determined by OMB that

this rule is exempt from the information

collection requirement contained under

the Paperwork Reduction Act of 1995

(44 U.S.C., chapter 35).

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Pub. L.

104–4, 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. Thus, this rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

Executive Order No. 12612

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 Federalism

Assessment. The provision 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.

Regulatory Flexibility Act

The Manager, Federal Crop Insurance

Corporation, certifies that this

regulation will not have a significant

economic impact on a substantial

number of small entities. The action

provides the guidelines to be used by

approved insurance providers, or any

other applicant, FCIC, and its Board, for

the submission, review, and approval of

policies, provisions of policies, or rates

of premium which, if approved by FCIC,

may ultimately be sold to producers

through approved insurance providers

and reinsured by FCIC or incorporated

into policies reinsured by FCIC. Section

508(h)(5) of the Act requires FCIC to

publish the guidelines and regulations

for the submission and Board review of

policies and other related materials.

This regulation will not impose more

stringent requirements on small entities

than on large entities. Therefore, this

action is determined to be exempt from

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) 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.
Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules 47773

Executive Order No. 12988

This proposed rule has been reviewed

in accordance with Executive Order

12988 on civil justice reform. The

provisions of this rule will not have

retroactive effect prior to the effective

date. The administrative appeal

provisions published at 7 CFR part 11

must be exhausted before any action

against FCIC 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.

National Performance Review

This regulatory action is being taken

as part of the National Performance

Review Initiative to eliminate

unnecessary or duplication of

regulations and improve those that

remain in force.

Background

The Corporation makes available

standard policies and forms for

producers to insure certain crops against

various agricultural production risks

and perils. Under the provisions of

section 508(h) of the Act, any person

may submit or propose other crop

insurance policies, provisions of

policies, or rates of premium for

insuring wheat, soybeans, field corn,

and any other crop as determined by the

Secretary of Agriculture. The Act states

that these policies may be submitted

without regard to limitations contained

in the Act. The Act also requires that

FCIC issue regulations to establish

guidelines for the submission, and FCIC

Board review, of policies or other

material submitted to the Board under

the Act.

This regulation provides the

guidelines needed to carry out the

requirements of the Act with respect to

the submission of policies and materials

to the Board.

List of Subjects in 7 CFR part 400

Administrative practice and

procedures, Claims, Crop insurance,

Reporting and record keeping

requirements.

Proposed Rule

Accordingly, for the reasons set forth

in the preamble, the Federal Crop

Insurance Corporation proposes to

amend 7 CFR part 400 by adding

Subpart V to read as follows:

PART 400—GENERAL

ADMINISTRATIVE REGULATIONS

Subpart V—Submission of Policies,

Provisions of Policies and Rates of

Premium

Sec.

400.700 Basis, purpose, and applicability.

400.701 Definitions.

400.702 Confidentiality of submission.

400.703 Timing of submission.

400.704 Type of submission.

400.705 Contents of submission.

400.706 RMA review.

400.707 Presentation to and review by the

Board for approval or disapproval.

400.708 Approved submission.

400.709 Review of an approved program.

400.710 Preemption and premium taxation.

400.711 Right of review, modification, and

amendment.

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

Subpart V—Submission of Policies,

Provisions of Policies and Rates of

Premium

§ 400.700 Basis, purpose, and

applicability.

(a) The Act requires FCIC to issue

regulations that establish guidelines for

the submission of policies or other

material to the FCIC Board under

section 508(h) of the Act. These

guidelines prescribe the timing,

submission, and approval process so

that the Board may timely consider any

submission for approval and if

approved, make it available for sale to

producers by any approved insurance

providers for the first crop year that the

submission is authorized for either

reinsurance, subsidies, or other

financial support that may be available

under the Act. These guidelines also

authorize FCIC and the Board to

monitor the submission to ensure

continued compliance with the

requirements of the Act, this subpart,

and required changes in the case of

noncompliance.

(b) These regulations apply to all

applicants.

(c) An applicant may submit for

consideration by the Board:

(1) Crop insurance policies that are

not currently reinsured or subsidized by

FCIC;

(2) Provisions of policies that may

amend existing crop insurance policies

that are approved by FCIC; or

(3) Rates of premiums for multiple

peril crop insurance pertaining to

wheat, soybeans, field corn, or any other

crop authorized by the Secretary of

Agriculture.

(d) A policy or other material

submitted to the Board under section

508(h) of the Act may be prepared

without regard to limitations contained

in the Act including the requirements

concerning the level of coverage, rates of

premium, or the requirement that a

price level for each commodity insured

must equal the expected market price

for the commodity as established by the

Board.

(e) Any FCIC payment of a portion of

the premium may not exceed the

amount authorized under section 508(e)

of the Act, and payment of

administrative and operating expense

subsidy may not exceed the amount

authorized under section 508(d).

§ 400.701 Definitions.

Act. The Federal Crop Insurance Act,

as amended (7 U.S.C. 1501 et seq.).

A&O subsidy. The subsidy for the

administrative and operating expenses

authorized by the Act and paid by FCIC

on behalf of the producer to the

Company.

Applicant. Any person who submits a

policy, provisions of a policy, or

premium rates to the Board for approval

under section 508(h) of the Act.

Board. The Board of Directors of the

Federal Crop Insurance Corporation.

FCIC. The Federal Crop Insurance

Corporation, a wholly owned

government corporation within the

United States Department of

Agriculture.

Insurance provider. A private

insurance company that has been

approved by FCIC to provide crop

insurance coverage under the Act.

Manager. The Manager of FCIC.

MPCI. The multiple peril crop

insurance policies authorized under the

Act and 7 CFR chapter IV.

NASS. National Agriculture Statistics

Service, an agency of the United States

Department of Agriculture, or a

successor agency.

Person. An individual, partnership,

association, corporation, or other legal

entity.

Policy. A crop insurance contract

between a person and an insurance

provider consisting of the accepted

application, the Basic Provisions, the

Crop Provisions, the Special Provisions,

the Catastrophic Risk Protection

Endorsement, if applicable, and the

applicable actuarial material for the

insured crop.

Premium or rate of premium. The

dollar amount per insured unit or

percentage rate per dollar of liability

that is needed to pay expected losses

and provide for a reasonable reserve.

Replacement program. A crop

insurance program that provides

coverage at least equal to that provided

under the MPCI program or an existing

crop insurance program with similar

terms, conditions, and covered causes of

loss.
47774 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules

Revenue insurance. Plans of

insurance providing protection against

loss of income which are designated as

such by FCIC.

Risk subsidy. That portion of the FCIC

approved insurance premium for the

risk of loss paid by FCIC on behalf of the

policyholders.

RMA. Risk Management Agency, an

agency of the United States Department

of Agriculture which administers the

crop insurance program for FCIC.

Secretary. The Secretary of the United

States Department of Agriculture.

Submission. Any policy provisions,

rates of premium, and related material

that differ from an MPCI or existing

replacement program or that request a

material change in an approved

insurance program.

Supplemental program. A submission

requesting reinsurance only that

provides coverage in addition to, and is

written concurrently with, an MPCI

policy or an approved replacement

program.

§ 400.702 Confidentiality of submission.

(a) A submission made to the Board

under section 508(h) of the Act will be

considered as confidential commercial

or financial information for purposes of

5 U.S.C. 552(b)(4) until approved by the

Board. An applicant may waive such

confidentiality by advising RMA in

writing, or by releasing such

information outside the applicant.

(b) Once a submission is approved, all

information provided by the applicant

to the Board will be made public.

(c) Any submission disapproved by

the Board will remain confidential

commercial or financial information in

accordance with 5 U.S.C. 552(b)(4).

§ 400.703 Timing of submission.

(a) Any submission for Board review

must be received not later than 240 days

prior to the first sales closing date for

which sales are requested for a crop to

provide adequate time for review,

approval, and marketing of the program.

If the submission applies to more than

one crop, the earliest applicable crop

sales closing date controls. Any

untimely submission will be considered

for the subsequent crop year. Since

policies vary in complexity and

availability of required data, neither

FCIC nor RMA make any assurance that

approval will be given in time for sales

in any crop year.

(b) Six copies of the submission under

this section must be sent to the Deputy

Administrator, Research and

Development, Federal Crop Insurance

Corporation, 9435 Holmes Road, Kansas

City, MO 64131.

§ 400.704 Type of submission.

An applicant may submit to the

Board:

(a) Policies and related material

identified as one of the following types:

(1) A supplemental program;

(2) A replacement program; or

(3) Any other submission under

section 508(h) of the Act not classified

by paragraphs (a) and (b) of this section.

(b) One or more proposed revisions of

any MPCI policy, revenue insurance

policy, or any other policy approved by

the Board under section 508(h) of the

Act; and

(c) Provisions or rates of premiums for

MPCI policies.

§ 400.705 Contents of submission.

Each submission may contain any

information that the applicant wishes to

provide but, at a minimum, it must

include the following identified

material:

(a) All submissions must contain at a

minimum:

(1) The applicant’s name;

(2) The type of submission;

(3) The proposed crops, types,

varieties, or practices, as applicable, to

be covered by the submission;

(4) The geographical areas where the

submission will be applicable;

(5) The percentage of the crop

production and acreage that potentially

could be affected by the submission and

the estimated total liability (by state and

crop);

(6) The percentage of the crop

production and acreage that is expected

to be affected by the submission

(estimated participation by crop and

state) and the estimated liability (by

state and crop);

(7) The crop year in which the

proposed submission will be effective;

(8) The proposed duration of the

program, if applicable;

(9) A statement of whether the

applicant intends to expand the

program in future crop years to different

geographical areas or crops, types,

varieties, or practices, as applicable;

(10) A statement of whether the

applicant is requesting reinsurance, risk

subsidy, or A&O subsidy for the

submission, and if so, the proposed

methods of calculating the risk subsidy

or A&O subsidy. In the event that

circumstances change, procedures also

must be included to show how to

recompute the risk subsidy or A&O

subsidy so that the amounts of subsidy

do not exceed the amount authorized by

law;

(11) A schedule of the tasks to be

completed for the implementation of the

submission including;

(i) A list of the tasks that must be

completed, including, as applicable;

(A) Premium rates;

(B) Actuarial data;

(C) Crop prices;

(D) Application and related policy

forms;

(E) Training materials;

(F) Loss adjustment procedures;

(G) Procedures for compliance

reviews;

(H) Examination of insurance

experience;

(I) A determination if:

(1) The submission will be filed with

the applicable Commissioner of

Insurance for each state proposed for

sales, and if not, the basis of why such

submission will not be forwarded for

review by the Commissioner; and

(2) The submission complies in all

material respects with the standards

established by FCIC for processing and

acceptance of data as specified in its

Manual 13 ‘‘Data Acceptance System

Handbook’’, unless FCIC has agreed

otherwise as part of the development

process. This handbook is available

from the Actuarial Division, PO Box

419293, Kansas City, Mo 64141;

(J) Identification of:

(1) Parties and responsibilities for

addressing the policy and procedural

issues and questions that arise in

administering the approved program;

and

(2) Party responsible for the product

liability and the basis for such

responsibility including liability for

flaws in product design if such results

in litigation against the applicant or

FCIC; and

(K) Procedures for annual reviews to

ensure compliance with all

requirements of the Act, this subpart

and any agreements executed between

the applicant and FCIC;

(1) The name and title of the person

responsible for completing each task;

(2) The date by which each task will

be completed; and

(3) The date by which the information

or documents will be made available to

RMA, the policyholder, other insurance

providers, or the Commissioner of

Insurance, if applicable (Policy

information, forms and other related

documents must be made available to

the producer not later than 30 days

before the earliest crop sales closing

date for the crops to which the

submission applies.);

(12) A description of the benefits of

the submission:

(i) To producers, that demonstrate

how the submission offers coverages or

costs that are significantly different from

existing programs and that such

coverage is generally not available from

the private sector. Such descriptions

should be supported by sample survey
Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules 47775

results from producers, producer

groups, agents, lending institutions, and

other interested parties; and

(ii) To taxpayers, that demonstrate

how the submission meets the public

policy goals and objectives as stated in

the Act, the statements of the Secretary,

or similar officials and laws. This must

include the rationale and data

supporting the request for FCIC’s

financial commitment to the

submission;

(13) Any accumulated insurance

experience from all years and in all

states in which the submission has been

offered for sale and a comparison of the

submission’s performance with other

competing crop insurance programs;

and

(14) An explanation of those

provisions not authorized under the Act

and the premium apportioned to those

provisions.

(b) With respect to any submission

that impacts the amount of premium

charged to the producer, the applicant

must provide with the submission:

(1) A detailed description of the rating

methodology, including all

mathematical formulae and equations

used in determining all unsubsidized

and subsidized premiums or rates of

premium;

(2) A list of the assumptions used in

the formulation of the premiums or rates

of premium;

(3) Simulations of the performance of

the proposed premiums or rates of

premium based on one or more of the

following:

(i) By determining the total premiums

and anticipated losses that would be

paid under the submission and

comparing these totals to a comparable

insurance plan offered under the

authority of the Act. Such simulations

must use all experience available to the

applicant and must include at least one

year in which indemnities for the

submission and the comparable crop

exceed total premiums;

(ii) By means of a stochastic

simulation of the submission that is

based on the same assumptions as those

used to develop the premiums or rates

of premium, including sensitivity tests

with regard to each assumption that

demonstrates the probable impact of an

erroneous assumption; or

(iii) By means of any simulation that

can be proven to provide results

comparable to those described in

paragraphs (b)(3)(i) and (ii) of this

section;

(4) Worksheets that provide the

calculations in sequential order and in

sufficient detail to allow verification

that the premiums charged for the

coverage are consistent with policy

provisions. Any unique premium

component must be explained in

sufficient detail to determine whether

the existence or amount of the premium

or premium rate is appropriate; and

(5) A certification that includes, but is

not limited to, an evaluation of all

supporting documentation and analysis,

from an accredited associate or fellow of

the Casualty Actuarial Society or a

similar uninterested third party or peer

review panel or both. The evaluation

must demonstrate that the submission is

consistent with sound insurance

principles, practices, and requirements

of the Act.

(c) With respect to those submissions

that involve new crop insurance

programs or revisions of the provisions

of an existing crop insurance program,

the applicant must provide with the

submission:

(1) Copies of the application and

related policy forms together with the

instructions for completing and

processing such forms;

(2) Copies of the insurance policy

provisions;

(3) The underwriting rules, including

but not limited to:

(i) The procedures for accepting the

application;

(ii) The rules for determining program

eligibility, including but not limited to,

minimum acreage, premium

requirements, sales closing dates,

production reporting requirements,

inception or termination dates of the

policy;

(iii) The application of administrative

fees as required by the Act;

(iv) The description of available

options that are different from any

existing crop insurance program;

(v) Any information needed to

establish coverage and determine

claims, including prices that must be

made available during the insurance

period (This information must specify

how and when such determination is

made and that the process is in

compliance with policy provisions.);

and

(vi) Any other applicable

underwriting requirements that may be

required by RMA;

(4) Statements from at least three

commercial reinsurers or reinsurance

brokers regarding the availability of

commercial reinsurance, the amount of

commercial reinsurance available, the

proposed terms of reinsurance and, if

applicable, any past insurance

experience of the submission or similar

crop insurance program;

(5) The loss adjustment procedures

and calculations that include, but are

not limited to:

(i) Procedures that clearly specify the

methods for determining the existence

of and the amount of any payable loss

under the submission and that

demonstrate that such determinations

are consistent with policy provisions;

and

(ii) Examples and worksheets that

provide for the steps for calculating the

amounts of any payment for indemnity

(loss in yield or price), prevented

planting payment or replant payment in

sequential order and in sufficient detail

to allow review and verification that the

indemnity calculations are consistent

with policy provisions. Any unique

component must be explained in

sufficient detail to determine whether

the existence or amount of the claim is

appropriate;

(6) A detailed calculation for

determining commodity prices,

coverage levels, the amounts of

insurance, and production guarantees;

and

(7) A detailed description of the

causes of loss covered and excluded

under the submission.

§ 400.706 RMA review.

Each submission will be reviewed by

RMA to determine if all necessary and

appropriate documentation is included.

RMA will provide the Board with the

result of its review and recommendation

with respect to whether the submission

complies with the Act and this subpart.

The submission may be returned to the

applicant if it does not comply in all

material respects with these

requirements. To be considered, any

returned submission must be

resubmitted in its entirety unless

otherwise agreed to by RMA.

§ 400.707 Presentation to and review by

the board for approval or disapproval.

(a) Upon completion of RMA’s

review, RMA’s recommendations will

be forwarded to the Board.

(b) The Manager shall schedule the

submission to be presented to the Board

and inform the applicant of the date,

time, and place of such meeting.

(c) The applicant will be given the

option of presenting the submission to

the Board. The applicant must notify

FCIC in writing in advance of the Board

meeting as to whether the applicant or

a representative of FCIC will present the

submission to the Board. If the applicant

plans to present the submission and

fails to appear, an FCIC representative

will present the submission to the

Board.

(d) The Board may consider for

approval the submission for sale to

producers as an additional risk

management tool if:
47776 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Proposed Rules

(1) Producers interests are being

adequately protected;

(2) Premiums charged are actuarially

appropriate with regard to the frequency

and severity of anticipated losses;

(3) A memorandum of understanding

or other such agreement has been

executed between the applicant and

FCIC, which specifies the

responsibilities of each with respect to

the implementation, delivery and

oversight of the submission at least 60

days prior to the sales closing date of

the crop with the earliest sales closing

date;

(4) The sponsoring company agrees to

make any adjustment FCIC may suggest

in any terms and conditions of the

policy, procedures, or other related

materials as needed to protect the

interests of producers and the integrity

of the program;

(5) Company resources, procedures,

and internal controls are adequate to

make the product available to producers

in a timely manner in the proposed

market areas; and

(6) The applicant provides RMA all

material and information necessary to

administer the program including but

not limited to:

(i) An agreement between FCIC and

the applicant which specifies the

amount of reinsurance coverage, risk

subsidy, and A&O subsidy, as

applicable, to be paid by FCIC. The

agreement shall be completed at least 60

days before the sales closing date for the

crop with the earliest sales closing date;

and

(ii) Rates, forms, guidelines,

standards, actuarial, rating procedures,

indemnity procedures, and related

documents in an electronic format that

can be used by all interested parties.

(e) The Board may disapprove the

submission for financial assistance if all

the requirements in § 400.707(d) are not

met. When the Board indicates its

intention to disapprove, the Board will:

(1) Notify the applicant in writing of

its intent to disapprove the submission

not later than 30 days prior to taking

such action. Such notice will contain

the basis for disapproval, and may

include recommended changes

necessary for Board approval;

(2) Consider any resubmission as a

new proposal and complete the review

process at a later time; and

(3) Reserve the right to act upon an

applicant’s revised submission or defer

action to a later time or subsequent crop

year.

§ 400.708 Approved submission.

(a) A submission approved by the

Board under this subpart shall be

published as a notice of availability in

the Federal Register, and be made

available to all persons contracting with

or reinsured by FCIC under the same

terms and conditions as required of the

submitting company.

(b) Any solicitation, sales, marketing,

or advertising of the program made by

any party before FCIC has made the

submission and related materials

available to all interested parties

through its official issuance system will

result in the denial of reinsurance, risk

subsidy and A&O subsidy for the first

approved crop year.

§ 400.709 Review of an approved program.

(a) Responses to procedural issues,

questions, problems or needed

clarification regarding an approved

submission shall be jointly addressed by

the applicant and RMA. All such

resolutions shall be communicated to all

insurance providers through FCIC’s

official issuance system. Any corrected

material must be presented to RMA in

a format specified in § 400.707(d)(6)(ii).

(b) Any change causing a material

impact upon a submission previously

approved by the Board must be

resubmitted for Board consideration and

approval.

(c) The approved submission shall be

administered in accordance with all

terms of the reinsurance agreement, any

applicable memorandum of

understanding, or any other requirement

deemed appropriate by the Board.

§ 400.710 Preemption and premium

taxation.

A policy that is approved by the

Board for FCIC reinsurance only, or

FCIC reinsurance and full subsidy, and

published in the Federal Register as a

notice of availability is preempted from

state and local taxation, and any policy

provision changes requested under

other state and local laws and

regulations must be submitted to RMA

for review and Board approval.

§ 400.711 Right of review, modification,

amendment.

At any time after approval, if

sufficient material, documentation or

cause arises, the Board may review any

approved program, request additional

information, and require appropriate

amendments, revisions or program

changes for purposes of actuarial

soundness, program integrity or

protection of the interests of producers.

Signed in Washington, DC., on September

4, 1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–23904 Filed 9–10–97; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AGL–38]

Proposed Modification of the Legal

Description of Class E Airspace;

Dickinson, ND

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

modify the legal description of Class E

airspace, Dickinson, ND. The current

legal description indicates less than

continuous times of operation for the

Class E airspace for Dickinson

Municipal Airport. Actual times of

operation for the airspace are

continuous. The legal description must

reflect the actual times of operation.

This proposal would accurately reflect

the times of operation for the Class E

airspace at Dickinson, ND.

DATES: Comments must be received on

or before October 27, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, AGL–7, Rules

Docket No. 97–AGL–38, 2300 East

Devon Avenue, Des Plaines, Illinois

60018.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Federal Aviation

Administration, 2300 East Devon

Avenue, Des Plaines, Illinois. An

informal docket may also be examined

during normal business hours at the Air

Traffic Division, Operations Branch,

Federal Aviation Administration, 2300

East Devon Avenue, Des Plaines,

Illinois.

FOR FURTHER INFORMATION CONTACT:

Michelle M. Behm, Air Traffic Division,

Airspace Branch, AGL–520, Federal

Aviation Administration, 2300 East

Devon Avenue, Des Plaines, Illinois

60018, telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,