[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Rules and Regulations]
[Pages 63631-63633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31544]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 401, 454, and 457


General Crop Insurance Regulations, Various Endorsements; Fresh 
Market Tomato (Guaranteed Production Plan) Crop Insurance Regulations; 
and Common Crop Insurance Regulations, Various Crop Insurance 
Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the 
General Crop Insurance Regulations; Canning and Processing Tomato and 
Rice Endorsements; Fresh Market Tomato (Guaranteed Production Plan) 
Crop Insurance Regulations; and the Common Crop Insurance Regulations, 
Cotton, Coarse Grains (Corn, Grain Sorghum, and Soybeans), Dry Bean, 
ELS Cotton, Sugar Beet, and Sunflower Seed Crop Insurance Provisions, 
effective for the 1998 crop year only, for counties and states with a 
November 30 contract change date. FCIC is extending the contract change 
date to December 17, 1997.
    The intended effect of this rule is to extend the contract change 
date, which

[[Page 63632]]

is the date by which all contract changes must be on file in the 
service office, in order to provide sufficient time for FCIC to publish 
a final rule amending the policy for insuring the above crops.

DATES: This interim rule is effective November 26, 1997.
    Submit comments on or before December 29, 1997.

ADDRESSES: Written comments on this interim rule should be sent 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: Louise Narber, 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 No. 12866

    The Office of Management and Budget (OMB) has determined this rule 
to be not significant for the purposes of Executive Order No. 12866, 
and, therefore, this rule has not been reviewed by OMB.

Paperwork Reduction Act of 1995

    Under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), there are no information collection requirements 
contained in this rule.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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 No. 
12612, Federalism, 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.

Regulatory Flexibility Act

    This regulation will not have a significant impact on a substantial 
number of small entities. The extended contract change date included in 
this rule will not impact small entities to a greater extent than large 
entities. Under the current regulations, FCIC is required to have 
changes in policy provisions at the agent's office by November 30. If 
this date is not met, then the changes will not be applicable until the 
next crop year. This regulation merely extends that date so that 
companies will have more time to get the program changes to the 
insured. The amount of work required of the insurance companies 
delivering and servicing these policies will not increase significantly 
from the amount of work currently required. This rule does not have any 
greater or lesser impact on the producer. 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 No. 12372

    This program is not subject to the provisions of Executive Order 
No. 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 No. 12988

    This rule has been reviewed in accordance with Executive Order No. 
12988 on 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 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 duplicative 
regulations and improve those that remain in force.

Background

    FCIC herewith amends the General Crop Insurance Regulations; 
Canning and Processing Tomato and Rice Endorsements; Fresh Market 
Tomato (Guaranteed Production Plan) Crop Insurance Regulations; and the 
Common Crop Insurance Regulations, Cotton, Coarse Grains (Corn, Grain 
Sorghum, and Soybeans), Dry Bean, ELS Cotton, Sugar Beet, and Sunflower 
Seed Crop Insurance Provisions to extend the contract change date to 
December 17, 1997. This action is taken in order to provide sufficient 
time for FCIC to make timely filing on changes in policy provisions.
    The contract change date, included in the crop insurance policy, is 
the date by which all contract changes must be on file in the service 
office.
    Kenneth D. Ackerman, Manager, FCIC has determined that the 
extension of the contract change date is necessary to provide 
sufficient time for FCIC to publish a final rule amending the above 
crop insurance policies for the 1998 crop year.
    It is further determined that such extension will not be 
detrimental to any program recipient, and that publication of the 
extended contract change date as a proposed rule for notice and comment 
is impracticable, unnecessary, and contrary to the public interest. 
Therefore, good cause is shown for making this rule effective upon 
filing for public inspection at the Office of the Federal Register.

Lists of Subjects

7 CFR Part 401

    Crop insurance, Canning and processing tomato, Rice.

7 CFR Part 454

    Crop insurance, Fresh market tomato (guaranteed production plan).

7 CFR Part 457

    Crop insurance, Cotton, Coarse grains (corn, grain sorghum, and 
soybeans), Dry bean, ELS cotton, Sugar beet, Sunflower seed.

Interim Rule

    Accordingly, for the reasons set forth in the preamble, the Federal 
Crop Insurance Corporation hereby amends 7 CFR parts 401, 454 and 457, 
to read as follows:

[[Page 63633]]

PART 401--GENERAL CROP INSURANCE REGULATIONS--REGULATIONS FOR THE 
1988 AND SUBSEQUENT CONTRACT YEARS

    1. The authority citation for 7 CFR part 401 is revised to read as 
follows:

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

    2. Section 401.114 is amended by revising 10. Contract Changes to 
read as follows:


Sec. 401.114  Canning and processing tomato endorsement.

* * * * *

10. Contract Changes

    The date by which contract changes will be available in your 
service office is November 30 (December 17 for the 1998 crop year 
only) preceding the cancellation date for counties with a February 
15 cancellation date and December 31 preceding the cancellation date 
for all other counties.
* * * * *
    3. Section 401.120 is amended by revising 9. Contract Changes to 
read as follows:


Sec. 401.120  Rice endorsement.

* * * * *

9. Contract Changes

    The date by which contract changes will be available in your 
service office is December 31 preceding the cancellation date for 
counties with an April 15 cancellation date and November 30 
(December 17 for the 1998 crop year only) preceding the cancellation 
date for all other counties.
* * * * *

PART 454--FRESH MARKET TOMATO (GUARANTEED PRODUCTION PLAN) CROP 
INSURANCE REGULATIONS

    4. The authority citation for 7 CFR part 454 is revised to read as 
follows:

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

    5. In Sec. 454.7(d), the insurance policy is amended by revising 
section 16. Contract Changes to read as follows:


Sec. 454.7  Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Policy.

* * * * *

16. Contract Changes

    We may change any terms and provisions of the contract from year 
to year. If your price election at which indemnities are computed is 
no longer offered, the actuarial table will provide the price 
election which you are deemed to have elected. All contract changes 
will be available at your service office by November 30 (December 17 
for the 1998 crop year only) preceding the cancellation date for 
counties with a February 15 cancellation date, and by December 31 
preceding the cancellation date for counties with an April 15 
cancellation date. Acceptance of changes will be conclusively 
presumed in the absence of notice from you to cancel the contract.
* * * * *

PART 457--COMMON CROP INSURANCE REGULATIONS; REGULATIONS FOR THE 
1994 AND SUBSEQUENT CONTRACT YEARS

    6. The authority citation for 7 CFR part 457 is revised to read as 
follows:

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

    7. Section 457.104 is amended by revising 4. Contract Changes to 
read as follows:


Sec. 457.104  Cotton crop insurance provisions.

* * * * *

4. Contract Changes

    The contract change date is November 30 (December 17 for the 
1998 crop year only) preceding the cancellation date (see the 
provisions of Section 4 (Contract Changes) of the Common Crop 
Insurance Policy).
* * * * *
    8. Section 457.105 is amended by revising 4. Contract Changes to 
read as follows:


Sec. 457.105  Extra long staple cotton crop insurance provisions.

* * * * *

4. Contract Changes

    The contract change date is November 30 (December 17 for the 
1998 crop year only) preceding the cancellation date (see the 
provisions of section 4 (Contract Changes) of the Common Crop 
Insurance Policy).
* * * * *
    9. Section 457.108 is amended by revising 4. Contract Changes to 
read as follows:


Sec. 457.108  Sunflower seed crop insurance provisions.

* * * * *

4. Contract Changes

    The contract change date is November 30 (December 17 for the 
1998 crop year only) preceding the cancellation date (see the 
provisions of Section 4 (Contract Changes) of the Basic Provisions).
* * * * *
    10. Section 457.109 is amended by revising 4. Contract Changes to 
read as follows:


Sec. 457.109  Sugar beet crop insurance provisions.

* * * * *

4. Contract Changes

    In accordance with the provisions of section 4 (Contract 
Changes) of the Basic Provisions, the contract change date is April 
30 preceding the cancellation date for counties with a July 15 or 
August 31 cancellation date and November 30 (December 17 for the 
1998 crop year only) preceding the cancellation date for all other 
counties.
* * * * *
    11. Section 457.113 is amended by revising 4. Contract Changes to 
read as follows:


Sec. 457.113  Coarse grains crop insurance provisions.

* * * * *

4. Contract Changes

    The contract change date is November 30 (December 17 for the 
1998 crop year only) preceding the cancellation date (see the 
provisions of Section 4 (Contract Changes) of the Common Crop 
Insurance Policy).
* * * * *
    12. Section 457.150 is amended by revising 4. Contract Changes to 
read as follows:


Sec. 457.150  Dry bean crop insurance provisions.

* * * * *

4. Contract Changes

    In accordance with section 4 (Contract Changes) of the Basic 
Provisions, the contract change date is November 30 (December 17 for 
the 1998 crop year only) preceding the cancellation date.
* * * * * 4
    Signed in Washington, D.C., on November 26, 1997.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 97-31544 Filed 11-26-97; 3:08 pm]
BILLING CODE 3410-08-P