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 under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

53929

Vol. 62, No. 201

Friday, October 17, 1997

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1437

RIN 0560–AF23

Noninsured Crop Disaster Assistance

Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Interim rule.

SUMMARY: This interim rule includes

provisions for providing assistance

under the Noninsured Crop Disaster

Assistance Program (NAP) for:

aquacultural species; floriculture;

forage; ornamental nursery; seed crops;

reseeding or replanting of the same

crop; and value loss crops. Amendments

include redefining some existing terms

and adding new terms and changes of

applicability, eligibility, assistance,

yield determinations, acreage and

production reports, loss requirements,

and payments for reduced yields and

prevented planting.

EFFECTIVE DATE: October 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Sean O’Neill, Chief, Noninsured

Assistance Branch (NAB), Production,

Emergencies, and Compliance Division

(PECD), Farm Service Agency (FSA),

United States Department of

Agriculture, STOP 0526, 1400

Independence Avenue, SW,

Washington, D.C. 20250–0526;

telephone (202) 720–9003.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed rule is issued in

conformance with Executive Order

12866 and has been determined to be

not significant and therefore has not

been reviewed by OMB.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this rule because neither

FSA nor the CCC is required by 5 U.S.C.

553 or any other provision of law to

publish a notice of proposed rulemaking

with respect to the subject matter of this

rule.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will have no significant impact

on the quality of the human

environment. Therefore, neither an

environmental assessment nor an

environmental impact statement is

needed.

Executive Order 12988

The proposed rule has been reviewed

in accordance with Executive Order

12988. The provisions of this proposed

rule preempt State laws to the extent

such laws are inconsistent with the

provisions of this rule. Before any

judicial action may be brought

concerning the provisions of this rule,

the administrative remedies must be

exhausted.

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).

Unfunded Mandates

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 regulations.

Paperwork Reduction Act

Title: Noninsured Crop Disaster

Assistance Program.

OMB Control Number: 0560–0175.

Expiration Date: May 31, 1998.

Type of Request: Extension and

revision of a currently approved

information collection.

Abstract: The information collected

under OMB control number 0560–0175,

as identified above, allows CCC to

effectively administer noninsured crop

disaster assistance authorized by the

Federal Agriculture Improvement and

Reform Act of 1996. The information

collected allows CCC to provide

assistance under the noninsured crop

disaster assistance program for losses of

commercial crops or other agricultural

commodities that are produced for food

or fiber. The information collected is

necessary to provide those charged with

determining eligibility for CCC a basis to

determine whether the producer meets

applicable conditions for assistance and

to determine compliance with existing

rules.

Estimate of Burden: Public reporting

burden for this information collection is

estimated to average .2 hours per

response.

Respondents: Commercial agricultural

producers of food or fiber.

Estimated Number of Respondents:

1,575,000.

Estimated Number of Responses per

Respondent: 5.

Estimated Total Annual Burden on

Respondents: 1,711,250 hours.

Proposed topics for comment include:

(a) Whether the continued collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information will have practical utility;

(b) the accuracy of the CCC’s estimate of

burden including the validity of the

methodology and assumptions used; (c)

enhancing the quality, utility, and

clarity of the information collected; or

(d) minimizing the burden of the

collection of the information on those

who are to respond, including the use

of appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology. Comments

should be sent to the Desk Officer for

Agriculture, Office of Information and

Regulatory Affairs, Office of

Management and Budget, Washington,

D.C. 20503, and to Sean O’Neill, Chief,

Noninsured Assistance Branch (NAB),

Production, Emergencies, and

Compliance Division (PECD), Farm

Service Agency (FSA), United States

Department of Agriculture, STOP 0526,

1400 Independence Avenue, SW,

Washington, D.C. 20250–0526. All

comments will become a matter of

public record.

OMB is required to make a decision

concerning the collection(s) of

information contained in these

proposed regulations between 30 and 60
53930 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations

days after publication of this document

in the Federal Register. Therefore, a

comment to OMB is best assured of

having its full effect if OMB receives it

within 30 days of publication.

Executive Order 12612

It has been determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment. The

provisions 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.

Federal Assistance Programs

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

Background

The regulation reflects changes in

existing definitions, additional

definitions, eligibility, assistance, yield

determinations, acreage and production

reporting requirements, loss

requirements, and payments for reduced

yields and prevented planting. Major

changes include:

(1) Section 1437.4 is amended to

specify that except for ornamental

nursery and species or types and

varieties of forage determined by CCC to

be predominantly grazed, different

species or types and varieties may be

treated as separate crops.

(2) Section 1437.5 is amended to

include a method for CCC to establish

the value of an animal unit day.

(3) Section 1437.7 is amended to

specify that CCC will establish expected

area yields, or an equivalent measure in

the event yield data are not available.

(4) Section 1437.8 is amended to

include that, for forage, acreage reports

must include the species or type and

variety of forage reported, and the

intended harvest method, i.e. grazing or

mechanically harvested.

(5) Section 1437.9 is amended to

require reseeding or replanting where it

is practicable.

(6) Section 1437.11 is amended to

include payments for losses of forage

determined by CCC to be predominantly

grazed.

List of Subjects in 7 CFR Part 1437

Agricultural commodities, Disaster

assistance, Reporting and recordkeeping

requirements.

For the reasons set out in the

Preamble, 7 CFR Chapter XIV is

amended as set forth below.

PART 1437—NONINSURED CROP

DISASTER ASSISTANCE PROGRAM

REGULATIONS FOR THE 1997 AND

SUCCEEDING CROP YEARS

1. The authority citation continues to

read as follows:

Authority: 15 U.S.C. 714b and 714c and 7

U.S.C. 7333.

1a. Revise the heading for part 1437

to read as set forth above.

2. Revise § 1437.1 to read as follows:

§ 1437.1 Applicability.

(a) For the 1997 and subsequent crop

years, NAP is intended to provide

eligible producers of eligible crops with

protection comparable to the

catastrophic risk protection plan of crop

insurance. NAP is also designed to help

reduce production risks faced by

producers of crops for which Federal

crop insurance under the Federal Crop

Insurance Act, as amended is not

available. NAP will reduce financial

losses that occur when natural disasters

cause a catastrophic loss of production

or prevented planting of an eligible

crop. Payment eligibility is based on an

expected yield for the area and the

producer’s approved yield based on

actual production history, or a

transitional yield if sufficient

production records are not available. In

the case of forage determined by CCC to

be predominantly grazed in accordance

with § 1437.7(j), payment eligibility is

based on an expected stocking level for

the area and unit and the actual number

of animals grazed and days grazing

occurred. Production for both the

applicable area expected yield and the

individual producer approved yield for

the unit or for forage determined by CCC

to be predominantly grazed, area and

unit expected stocking level must each

fall below specified percentages in order

to be eligible for payments under this

part.

(b) The provisions contained in this

part are applicable to each eligible

producer and each eligible crop for

which catastrophic coverage is not

otherwise available.

3. Amend § 1437.3 to add new

definitions for Animal unit, Animal unit

day, Carrying Capacity, Floriculture,

Grazing days, Ornamental Nursery,

Stocking rate, Type and weight range,

and Value loss crop, in alphabetical

order, and revise existing definitions for

Aquacultural species, Average market

price, Eligible crop, Forage, Harvested,

and Unit to read as follows:

§ 1437.3 Definitions.

* * * * *

Animal unit (AU) means an animal

with daily energy requirement equating

to 15.7 pounds of corn.

Animal unit day (AUD) means an

expression of an expected or actual

stocking rate.

* * * * *

Aquacultural species means any

species of aquatic organism grown as

food for human consumption, or fish

raised as feed for fish that are consumed

by humans, or ornamental fish

propagated and reared in an aquatic

medium by a commercial operator on

private property in water in a controlled

environment. Eligible aquacultural

species must be seeded in the

aquacultural facility and not be growing

naturally in the facility and must be

planted or seeded in containers, wire

baskets, net pens, or similar devices

designed for the protection and

containment of the seeded aquacultural

species.

* * * * *

Average market price means the price,

or dollar equivalent on an appropriate

basis for an eligible crop established by

CCC for determining payment amounts

under NAP; for example, pound, bushel,

ton, and AUD (for forage determined by

CCC to be predominantly grazed). Such

price will be on a harvested basis

without the inclusion of transportation,

storage, processing, packing, marketing

or other post-harvest expenses and will

be based, in part, on historical data.

Carrying Capacity means the stocking

rate, as determined by CCC, expressed

as acres per animal unit (AC/AU) or

reciprocal, which is consistent with

maintaining or improving vegetation or

related resources.

* * * * *

Eligible crop means an agricultural

commodity for which catastrophic

coverage is not available and which is

commercially produced for food or fiber

as specified in this part. Eligible crop

will also include floriculture,

ornamental nursery, and Christmas tree

crops, turfgrass sod, seed crops,

aquaculture (including ornamental fish),

and industrial crops. In the case of a

crop that historically has multiple

plantings in the same crop year that are

planted or are prevented from being

planted, each planting may be

considered a different crop for

determining payments under this part as

determined by CCC. In the case of a

crop, except for forage determined by

CCC to be predominantly grazed, that

has different varieties or types, each

variety or type may be considered a

separate crop for determining payments

under this part, if CCC determines there
Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations 53931

is a significant difference in price or

yield between the varieties or types.

* * * * *

Floriculture means cut flowers or

similar products of annual and

perennial flowering plants grown under

glass, fiberglass and other rigid plastics,

film plastic, shade cloth, natural shade,

other shade, and outdoor in a container

or controlled environment for

commercial sale.

Forage means land covered with grass

or other similar herbaceous vegetation

not of a woody plant species, produced

under such range management practices

as are necessary to sustain sufficient

quality and quantity of grass or similar

vegetation each year to be suitable for

grazing or mechanical harvest to feed

livestock in a commercial operation.

NAP benefits for forage produced on

Federal or State owned lands are

available only for seeded forage.

* * * * *

Grazing days means the number of

days used in the calculation of the

carrying capacity for each forage species

or type or variety determined by CCC to

be predominantly grazed.

Harvested means a single harvest crop

is considered harvested when the

producer has, by hand or mechanically,

or by grazing of livestock, removed the

crop from the field. Crops with multiple

harvests in 1 year or harvested over

multiple years are considered harvested

when the producer has, by hand or

mechanically removed at least one

mature crop from the field. The

mechanically harvested crop is

considered harvested once it is removed

from the field and placed in a truck or

other conveyance, except hay is

considered harvested when in the bale,

whether removed from the field or not.

Grazing is not considered harvesting for

the purpose of determining an

unharvested or prevented planting

payment factor.

* * * * *

Ornamental Nursery means

decorative plants grown in a container

or controlled environment for

commercial sale.

* * * * *

Stocking rate means the number of

animal units grazing or utilizing specific

crop acreage for a specific number of

days, expressed as animal unit days.

Type and weight range means the

identification of animals according to

the daily energy requirement, as

determined by CCC, necessary to

provide the daily maintenance ration, as

determined by CCC, of the specific

animal.

* * * * *

Unit means, for NAP, all acreage of

the eligible crop or for ornamental

nursery, all eligible plant species and

sizes except plant species or sizes for

which catastrophic coverage is

available, in the county for the crop

year:

(1) In which the person has 100

percent crop share; or

(2) Which is owned by one person

and operated by another person on a

share basis.

Value loss crop means ornamental

nursery, Christmas trees, aquaculture, or

other crops as determined by CCC that,

due to their unique nature do not lend

themselves to yield calculations or

expected yield loss situations. Eligibility

for a crop categorized as value loss shall

be determined based on a loss of value

at time of disaster, as determined by

CCC.

4. Amend § 1437.4 to revise the

second sentence of paragraph (a) and

paragraph (b)(10) to read as follows:

§ 1437.4 Eligibility.

(a) * * * Except for ornamental

nursery and species or type or variety of

a species of forage determined by CCC

to be predominantly grazed, different

types or varieties of a crop or

commodity, may be treated as a separate

eligible crop, if CCC determines there is

a significant difference in price or yield.

(b) * * *

(10) Seed crops, where the

propagation stock is commercially

produced for sale as seed stock for other

eligible NAP crop production; and

* * * * *

5. In § 1437.5 add paragraph (f) to

read as follows:

§ 1437.5 Assistance.

* * * * *

(f) Animal Unit Day value will be

established by CCC on the basis of a 5

year national average corn price per

pound, as determined by CCC, and the

daily energy requirement of one beef

cow, as determined by CCC.

6. Amend § 1437.7 to revise the first

sentence of paragraph (a) and add

paragraphs (k) and (l) to read as follows:

§ 1437.7 Yield determinations.

(a) CCC will establish expected area

yields or an equivalent measure in the

event yield data are not available, for

eligible crops for each county or area for

which the NAP is available, using

available information, which may

include, but is not limited to, National

Agricultural Statistics Service data,

Cooperative State Research, Education,

and Extension Service records, Federal

Crop Insurance Corporation data,

credible nongovernment studies, yields

in similar areas, and reported approved

yield data. * * *

* * * * *

(k) Prior to the beginning of the crop

year, CCC in its own discretion will

with respect to forage:

(1) Identify each species or type and

variety of forage found in the county;

(2) Categorize each species or type

and variety of forage identified as either:

(i) Predominantly mechanical

harvested, or

(ii) Predominantly grazed;

(3) Establish a carrying capacity for

each forage species or type and variety

identified and determined by CCC to be

predominantly grazed;

(4) Determine total acreage of forage

determined by CCC to be predominantly

grazed; and

(5) Calculate expected Animal Unit

Day by dividing the total acres of forage

in the county categorized by CCC as

predominantly grazed by the approved

carrying capacity and multiplying the

result by the number of days of grazing

used to determine the carrying capacity.

(l) In the event CCC receives a notice

of loss of forage determined by CCC to

be predominantly grazed, CCC will:

(1) Calculate utilized Animal Unit

Day by dividing the total acres of forage

reported to FSA determined by CCC to

be predominantly grazed by the

reported number of animal units grazed

and multiplying the result by the

number of days grazing occurred;

(2) Subtract the value of supplemental

feed fed to the grazing livestock during

the grazing period from the value of the

utilized Animal Unit Day, as

determined by CCC;

(3) Determine area utilization by

dividing total area utilized Animal Unit

Day by the expected Animal Unit Day;

and

(4) Determine unit utilization by

dividing the unit utilized Animal Unit

Day by the expected unit Animal Unit

Day.

7. Amend § 1437.8 to revise paragraph

(b)(4) and add paragraphs (e) and (f) to

read as follows:

§ 1437.8 Acreage and production reports.

* * * * *

(b) * * *

(4) The crop, practice, intended use,

and for forage, the predominant species

or type and variety and the intended

harvest method, i.e. grazing or

mechanical harvest.

* * * * *

(e) In lieu of a production report,

producers of forage that is

predominantly grazed shall, in the crop

year in which the producer files a notice

of loss, report grazing animals by type
53932 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations

and weight range and the number of

days grazing occurred, and the amount

and type of feed fed such grazing

animals during any grazing period

within the crop year.

(f) Animal Unit Day adjustments, as

determined by CCC, may be calculated

when a producer of forage

predominantly grazed, provides

adequate evidence, as determined by

CCC, that unit forage management and

maintenance practices provide different

carrying capacity than practices

generally provided forage acreage used

to calculate the approved county

expected carrying capacity.

8. Amend § 1437.9 to revise paragraph

(b)(2) to read as follows:

§ 1437.9 Loss Requirements.

* * * * *

(b) * * *

(2) The failure of the producer to

reseed or replant to the same crop in the

county where it is practicable to reseed

or replant;

* * * * *

9. Amend § 1437.11 to revise the

introductory text and add paragraph (c)

to read as follows:

§ 1437.11 Payments for reduced yields and

prevented planting.

In the event that the area loss

requirement has been satisfied for the

crop and:

* * * * *

(c) The producer has sustained a loss

of forage determined by CCC to be

predominantly grazed in accordance

with § 1437.7(l), in excess of 50 percent

of the producer’s expected Animal Unit

Day established for the unit, the NAP

payment will be determined by:

(1) Dividing the unit acreage for each

species or type or variety identified on

the unit by the approved carrying

capacity and multiplying the result by

the corresponding grazing days used as

the basis for determination of the

carrying capacity, totaling the result for

each species or types and varieties.

(2) Multiplying the result of paragraph

(c)(1) of this section by 50 percent.

(3) Multiplying the number of animals

grazed by the daily allowance of corn

according to type and weight range and

divide the result by pounds of corn CCC

determines is necessary to provide the

daily energy requirement for one animal

unit.

(4) Multiplying the result of paragraph

(c)(3) of this section by the number of

days grazing occurred to determine

gross actual AUD.

(5) Adding AUD for ineligible causes

of loss and incidental mechanically

harvested Category 1 forage to the result

of paragraph (c)(4) of this section.

(6) Subtracting AUD or equivalent

value of supplemental feed fed to the

grazing livestock during the crop year

from the result of paragraph (c)(5) of this

section.

(7) Subtracting the result of paragraph

(c)(6) of this section from the result of

paragraph (c)(2) of this section. If a zero

or negative number results, payment

cannot be calculated.

(8) Multiplying the positive result of

paragraph (c)(7) of this section by:

(i) For the 1997 through 1998 crop

years, 60 percent of the average market

price, as determined by CCC, or any

comparable coverage, as determined by

CCC; or

(ii) For the 1999 and subsequent

years, 55 percent of the average market

price, as determined by CCC, or any

comparable coverage, as determined by

CCC.

Signed at Washington, DC, on October 8,

1997.

Keith Kelly,

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 97–27432 Filed 10–16–97; 8:45 am]

BILLING CODE 3410–01–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

RIN 3150–AF73

Codes and Standards; IEEE National

Consensus Standard

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule.

SUMMARY: The Nuclear Regulatory

Commission is amending its regulations

to incorporate by reference IEEE Std.

603–1991, a national consensus

standard for power, instrumentation,

and control portions of safety systems in

nuclear power plants. This action is

necessary to endorse the latest version

of this national consensus standard in

NRC’s regulations, and replace an IEEE

standard currently endorsed in the

NRC’s regulations which has been

withdrawn by the IEEE.

EFFECTIVE DATE: The final rule is

effective on January 1, 1998, unless

significant adverse comments are

received by December 1, 1997. If the

effective date is delayed, timely notice

will be published in the Federal

Register. The incorporation by reference

of IEEE Std. 603–1991 is approved by

the Director of the Federal Register as of

January 1, 1998.

ADDRESSES: Mail comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001; Attention: Rulemakings and

Adjudications Staff. Hand deliver

comments to 11555 Rockville Pike,

Rockville, Maryland, between 7:30 a.m.

and 4:15 p.m. on Federal workdays.

FOR FURTHER INFORMATION CONTACT:

Satish K. Aggarwal, Senior Program

Manager, Office of Nuclear Regulatory

Research, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Telephone (301) 415–6005, Fax (301)

415–5074 (e-mail: SKA@NRC.GOV).

SUPPLEMENTARY INFORMATION: NRC

considers this rulemaking, which

endorses IEEE Std. 603–1991, to be

noncontroversial because, as noted in

the background discussion, there was no

adverse public comment on the

regulatory guide endorsing this

standard. Accordingly, the Commission

finds that public notice and opportunity

for comment are unnecessary pursuant

to 5 U.S.C. 553(b)(B). Thus, the

Commission is publishing this rule in

final form without seeking public

comments on the amendment in a

proposed rule. This action will become

effective on January 1, 1998. However,

if the NRC receives significant adverse

comments by December 1, 1997, then

the NRC will publish a document that

withdraws this action, and will address

the comments received in response to

an identical proposed rule which is

being concurrently published in the

proposed rules section of this Federal

Register. Any significant adverse

comments will be addressed in a

subsequent final rule. The NRC will not

initiate a second comment period on

this action in the event the direct final

rule is withdrawn.

Background

In 10 CFR part 50, ‘‘Domestic

Licensing of Production and Utilization

Facilities,’’ § 50.55a requires that the

protection systems in nuclear power

plants meet the requirements set forth in

IEEE Std. 279, ‘‘Criteria for Protection

Systems for Nuclear Power Generating

Stations,’’ in effect on the formal docket

date of the application. However, IEEE

Std. 279 is obsolete, has been

withdrawn by IEEE and has now been

superseded by IEEE Std. 603–1991,

‘‘Criteria for Safety Systems for Nuclear

Power Generating Stations.’’

In November 1995, the NRC staff

issued for public comment a draft

regulatory guide, DG–1042, which was

proposed Revision 1 to Regulatory

Guide 1.153, ‘‘Criteria for Safety

Systems.’’ This draft regulatory guide

proposed to endorse IEEE Std. 603–1991