Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 63631

The Office of Personnel Management

(OPM) published proposed rules at 60

FR 13354 on March 20, 1997,

concerning four regulatory changes in

the COLA program. One change would

remove obsolete references to hiring

authorities no longer in use. A second

change would clarify the application of

COLA regulations to two pay systems

linked to or equivalent to the Senior

Executive Service. A third change

would clarify the application of COLA

regulations to employees under other

pay systems. The fourth change would

extend nonforeign area post differentials

to employees on long-term temporary

assignments in the same manner as is

provided by the Department of State for

employees in foreign areas.

OPM received three comments in

response to the publication of the

proposed regulations. One commenter

endorsed the proposed changes in their

entirety. The second commenter

recommended including in section

591.201 (Definitions) the minimum

length of time required for employees

on temporary assignment to receive a

differential. The third commenter

recommended deleting the 25 percent

limitation on allowances plus post

differentials combined because there is

no equivalent limitation under the

Department of State program, and the

purpose of OPM’s proposed change was

to parallel that program.

OPM is not adopting the second

commenter’s recommendation because

the minimum period is not a term used

throughout the regulations, but rather a

criterion that is used only once in

section 591.210(b). Therefore, it is not

appropriate to include it in the

definitions section. OPM is not adopting

the third commenter’s recommendation

because by law nonforeign area COLA

and post differentials combined cannot

exceed 25 percent.

OPM notes that it published an

interim rule at 60 FR 25423 on May 9,

1997, in response to changes made by

the Federal Employee Travel Reform

Act of 1996. The Act affects the status

of employees who are assigned to work

in another location for an extended

period. The interim regulations clarify

that the temporary duty station during

such an extended assignment must be

treated as the official duty station of the

employee for purposes of determining

the employee’s location-based pay

entitlements. The interim regulations

added a definition of ‘‘official duty

station’’ to 5 CFR 591.201 for purposes

of paying allowances and differentials

and changed the term ‘‘permanent duty

station’’ to ‘‘official duty station’’ in 5

CFR 591.210(a) to make these terms

consistent with those used in the

regulations on locality-based

comparability payments. The

regulations also make conforming

changes in § 591.201 and in paragraphs

(b)(1) (redesignated paragraph (c)(1)),

and (c) (redesignated paragraph (d)) of

§ 591.210. OPM has incorporated these

changes in this final rule.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it affects only Federal agencies

and employees.

List of Subjects in 5 CFR Part 591

Government employees, Travel and

transportation expenses, Wages.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM amends 5 CFR part

591 as follows:

PART 591—ALLOWANCES AND

DIFFERENTIALS

Subpart B—Cost-of-Living Allowance

and Post Differential—Nonforeign

Areas

1. The authority citation for subpart B

of part 591 continues to read as follows:

Authority: 5 U.S.C. 5941; E.O. 10000, 3

CFR, 1943–1948 Comp., p. 792; E.O. 12510,

3 CFR, 1985 Comp., p. 338.

2. In § 591.203, paragraphs (a)(1),

(a)(3), (a)(6), and (b) are revised to read

as follows:

§ 591.203 Agencies and employees

covered.

(a) * * *

(1) General Schedule.

* * * * *

(3) Foreign Service (including the

Senior Foreign Service).

* * * * *

(6) Senior Executive Service

(including the Federal Bureau of

Investigation—Drug Enforcement

Administration Senior Executive

Service).

* * * * *

(b) This subpart may be applied, at

the sole discretion of the employing

agency, to civilian employees in other

positions authorized by specific law

applicable to such positions, consistent

with the intent of 5 U.S.C. 5941.

3. In § 591.210, paragraph (f) is

removed, paragraphs (b) through (e) are

redesignated as (c) through (f),

respectively, and a new paragraph (b) is

added to read as follows:

§ 591.210 Payment of allowances and

differentials.

* * * * *

(b) Payment of an allowance or

differential will begin on the effective

date of the change in the employee’s

official duty station to a duty station

within the allowance or differential area

or on the effective date of the

appointment in the case of local

recruitment. An employee who is

detailed for temporary duty in a

nonforeign area (i.e., the employee’s

official duty station is outside the

nonforeign area) is eligible for a

differential, but not an allowance,

except that payment of a differential

shall not begin until after 42

consecutive calendar days of temporary

duty in the differential area. Payment of

an allowance or differential will cease—

(1) On separation;

(2) On the effective date of assignment

or transfer to a new official duty station

outside the allowance or differential

area; or

(3) On the ending date of a detail, in

the case of an employee on detail to

temporary duty in a differential area.

* * * * *

[FR Doc. 97–31537 Filed 12–1–97; 8:45 am]

BILLING CODE 6325–01–P

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
63632 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations

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:
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Rules and Regulations 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:

§ 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:

§ 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 § 454.7(d), the insurance policy

is amended by revising section 16.

Contract Changes to read as follows:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

Common Crop Insurance Regulations,

Fresh Market Tomato (Dollar Plan)

Crop Insurance Provisions; Correction

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Final rule, correction.

SUMMARY: The document contains a

correction to the final rule that was

published on Friday, March 28, 1997

(62 FR 14775–14780). The rule pertains

to the insurance of fresh market

tomatoes (dollar plan).

EFFECTIVE DATE: December 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Linda Williams, Insurance Management

Specialist, Research and Development

Division, Federal Crop Insurance

Corporation, United States Department

of Agriculture, 9435 Holmes Road,

Kansas City, MO 64131, telephone (816)

926–7730.