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

7133

Vol. 62, No. 32

Tuesday, February 18, 1997

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563–AB53

Common Crop Insurance Regulations;

Cotton Crop Insurance Provisions

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Final rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) finalizes specific

crop provisions for the insurance of

cotton. The intended effect of this action

is to provide policy changes to better

meet the needs of the insured.

EFFECTIVE DATES: March 20, 1997.

FOR FURTHER INFORMATION CONTACT:

Stephen Hoy, Program Analyst,

Research and Development Division,

Product Development Branch, Federal

Crop Insurance Corporation, at 9435

Holmes Road, Kansas City, MO 64131,

telephone (816) 926–7730.

SUPPLEMENTARY INFORMATION:

Executive Order No. 12866

The Office of Management and Budget

(OMB) has determined this rule to be

exempt for the purposes of Executive

Order No. 12866 and, therefore, this rule

has not been reviewed by OMB.

Paperwork Reduction Act of 1995

The information collection

requirements contained in these

regulations were previously approved

by OMB pursuant to the Paperwork

Reduction Act of 1995 (44 U.S.C.

chapter 35) under OMB control number

0563–0003 at the proposed final rule

stage.

The amendments set forth in this final

rule contains information collections

that have been cleared by OMB under

the provisions of 44 U.S.C. chapter 35.

Following publication of the proposed

rule, the public was afforded 60 days to

submit written comments on

information collection requirements

previously approved by OMB under

OMB control number 0563–0003

through September 30, 1998. No public

comments were received.

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform 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 section

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. New

provisions included in this rule will not

impact small entities to a greater extent

than large entities. Under the current

regulations, a producer is required to

complete an application and acreage

report. If the crop is damaged or

destroyed, the insured is required to

give notice of loss and provide the

necessary information to complete a

claim for indemnity.

The insured must also annually

certify to the previous years production

or receive an assigned yield. The

producer must maintain the production

records to support the certified

information for at least 3 years. This

regulation does not alter those

requirements. 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. 12778

The Office of the General Counsel has

determined that these regulations meet

the applicable standards provided in

sections 2(a) and 2(b)(2) of Executive

Order No. 12778. The provisions of this

rule will not have a retroactive effect

prior to the effective date. 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 action 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

On Tuesday, September 3, 1996, FCIC

published a proposed rule in the

Federal Register at FR 46401–46403 to

amend the Common Crop Insurance

Regulations (7 CFR part 457) by revising

7 CFR 457.104 effective for the 1997 and

succeeding crop years.
7134 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations

Following publication of that

proposed rule, the public was afforded

30 days to submit written comments,

data, and opinions. One comment was

received from the crop insurance

industry. The comment received and

FCIC’s response are as follows:

Comment: One comment

recommended that written agreements

should be continuous and the valid

period be stated in the wording of the

agreement.

Response: Written agreements are, by

design, temporary and intended to

address unusual circumstances. If the

condition for which a written agreement

is needed exists each crop year, the

policy or Special Provisions should be

amended to reflect this condition. No

change has been made to these

provisions.

FCIC has made the following changes

to the Cotton Provisions:

Section 2(d)(2)—Corrected the

provisions regarding center pivot

irrigation systems. Language in the

proposed rule stated ‘‘* * * that the

corners of a field in which a centerpivot irrigation system is used will be

considered as irrigated acreage unless

separate acceptable records of

production from the corners are

provided indicating otherwise.’’ This

provision should have read ‘‘* * * that

the corners of a field in which a centerpivot irrigation system is used will be

considered as irrigated acreage if

separate acceptable records of

production from the corners are not

provided.’’ This clarification makes the

wording consistent with other crop

provisions.

The contract change date for the 1997

crop year was November 30, 1996. It is,

therefore, too late to make this rule

effective for the 1997 crop year. The rule

will be effective for the 1998 crop year.

List of Subjects in 7 CFR Part 457

Crop insurance, Cotton.

Final Rule

Accordingly, as set forth in the

preamble, the Federal Crop Insurance

Corporation hereby amends 7 CFR part

457, effective for the 1998 and

succeeding crop years, as follows:

PART 457—COMMON CROP

INSURANCE REGULATIONS;

REGULATIONS FOR THE 1994 AND

SUBSEQUENT CONTRACT YEARS

1. The authority citation for 7 CFR

part 457 continues to read as follows:

Authority: 7 U.S.C. 1506(1), 1506(p).

2. Section 457.104, paragraph 1.

Definitions (l), (q)(2) and (s) are revised to

read as follows:

§ 457.104 Cotton crop insurance

provisions.

* * * * *

1. Definitions.

* * * * *

(l) Planted acreage—Land in which seed

has been placed by a machine appropriate for

the insured crop and planting method, at the

correct depth, into a seedbed which has been

properly prepared for the planting method

and production practice. Cotton must be

planted in rows to be considered planted.

Planting in any other manner will be

considered as a failure to follow recognized

good farming practices and any loss of

production will not be insured unless

otherwise provided by the Special Provisions

or by written agreement to insure such crop.

The yield conversion factor normally applied

to non-irrigated skip-row cotton acreage will

not be used if the land between the rows of

cotton is planted to any other spring planted

crop.

* * * * *

(q) * * *

(l) * * *

(2) Qualifies as a skip-row planting pattern

as defined by the Farm Service Agency (FSA)

or a successor agency.

* * * * *

(s) Written agreement—A written

document that alters designated terms of a

policy in accordance with section 13.

* * * * *

2. Section 457.104 in paragraph 2. Unit

Division (d)(1) and the first paragraph in

(d)(2) are revised to read as follows:

2. Unit Division.

* * * * *

(d) * * *

(1) Optional Units by Section, Section

Equivalent, or FSA Farm Serial Number:

Optional units may be established if each

optional unit is located in a separate legally

identified Section. In the absence of Sections,

we may consider parcels of land legally

identified by other methods of measure

including, but not limited to: Spanish grants,

railroad surveys, leagues, labors, or Virginia

Military Lands an equivalent of Sections for

unit purposes. In areas which have not been

surveyed using the systems identified above,

or another system approved by us, or in areas

where such systems exist but boundaries are

not readily discernable, each optional unit

must be located in a separate farm identified

by a single FSA Farm Serial Number.

(2) Optional Units on Acreage Including

Both Irrigated and Non-Irrigated Practices:

In addition to, or instead of, establishing

optional units by section, section equivalent,

or FSA Farm Serial Number, optional units

may be based on irrigated acreage or nonirrigated acreage if both are located in the

same section, section equivalent, or FSA

Farm Serial Number. To qualify as separate

irrigated and non-irrigated optional units, the

non-irrigated acreage may not continue into

the irrigated acreage in the same rows or

planting pattern. The irrigated acreage may

not extend beyond the point at which the

irrigation system can deliver the quantity of

water needed to produce the yield on which

the guarantee is based, except that the

corners of a field in which a center-pivot

irrigation system is used will be considered

as irrigated acreage if separate acceptable

records of production from the corners are

not provided. If the corners of a field in

which a center-pivot irrigation system is used

do not qualify as a separate non-irrigated

optional unit, they will be considered part of

the unit containing the irrigated acreage.

However, non-irrigated acreage that is not a

part of a field in which a center-pivot

irrigation system is used may qualify as a

separate optional unit provided that all other

requirements of this section are met.

* * * * *

3. Section 457.104 paragraph 5.

Cancellation and Terminations Dates, is

revised to read as follows:

5. Cancellation and Termination Dates.

In accordance with section 2 (Life of

Policy, Cancellation, and Termination) of the

Common Crop Insurance Policy (§ 457.8), the

cancellation and termination dates are:

State and county

Cancellation

and termination dates

Val Verde, Edwards, Kerr, Kendall, Bexar, Wilson, Karnes, Goliad, Victoria, and Jackson Counties, Texas, and all Texas counties lying south thereof.January 15.

Alabama; Arizona; Arkansas; California; Florida; Georgia; Louisiana; Mississippi; Nevada; North Carolina; South Carolina; El

Paso, Hudspeth, Culberson, Reeves, Loving, Winkler, Ector, Upton, Reagon, Sterling, Coke, Tom Green, Concho,

McCulloch, San Saba, Mills, Hamilton, Bosque, Johnson, Tarrant, Wise, and Cooke Counties, Texas, and all Texas counties

lying south and east thereof to and including Terrell, Crocket, Sutton, Kimble, Gillespie, Blanco, Comal, Guadalupe,

Gonzales, De Witt, Lavaca, Colorado, Wharton, Matagorda Counties, Texas..

February 28.

All other Texas counties and all other States ..................................................................................................................................... March 15.
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations 7135

* * * * *

4. Section 457.104 is amended by adding

a new paragraph 13. to read as follows:

13. Written Agreement.

Designated terms of this policy may be

altered by written agreement. The following

conditions will apply:

(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 written agreement

must contain all terms of the contract

between the insurance provider and the

insured that will be in effect if the written

agreement is not approved.

(c) If approved, the written agreement must

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.

(e) An application for 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 DC, on February 6,

1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–3847 Filed 2–14–97; 8:45 am]

BILLING CODE 3410–FA–P

Rural Utilities Service

7 CFR Part 1755

Telecommunications Program;

Postloan Engineering Services

Contract

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

SUMMARY: The Rural Utilities Service

(RUS), successor to the Rural

Electrification Administration (REA),

hereby amends its contract for the

procurement of postloan engineering

services for telecommunications

systems. This action codifies the terms

and conditions of the agreement to be

executed between RUS

telecommunications borrowers and

consulting engineering firms hired to

design and oversee construction of

telecommunications facilities financed

with RUS financing assistance. Several

years have passed since these

regulations were last amended and

changes in common contract language

have occurred. These amendments

allow contracts to be more consistent

with common practice.

EFFECTIVE DATE: This regulation is

effective on March 20, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Orren E. Cameron III, Director,

Telecommunications Standards

Division, Rural Utilities Service, U.S.

Department of Agriculture, Ag Box

1598, Washington, DC 20250–1598,

telephone number (202) 720–8663.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be not significant for purposes of

Executive Order 12866 and therefore

has not been reviewed by OMB.

Executive Order 12988

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. RUS has determined

that this rule meets the applicable

standards provided in Sec. 3 of the

Executive Order.

Regulatory Flexibility Act Certification

The Administrator of RUS has

determined that the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.)

does not apply to this rule.

Information Collection and

Recordkeeping Requirements

The reporting and recordkeeping

requirements contained in the final rule

were approved by the Office of

Management and Budget (OMB)

pursuant to the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35, as

amended) under control number 0572–

0059.

Send questions or comments

regarding this burden or any other

aspect of these collections of

information, including suggestions for

reducing the burden, to F. Lamont

Heppe, Jr., Director, Program Support

Staff, Rural Utilities Service, Ag Box

1522, Washington, DC 20250–1522.

National Environmental Policy Act

Certification

RUS has determined that this final

rule will not significantly affect the

quality of the human environment as

defined by the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et

seq.). Therefore, this action does not

require an environmental impact

statement or assessment.

Catalog of Federal Domestic Assistance

The program described by this final

rule is listed in the Catalog of Federal

Domestic Assistance Programs under

10.851, Rural Telephone Loans and

Loan Guarantees. This catalog is

available on a subscription basis from

the Superintendent of Documents, the

United States Government Printing

Office, Washington, DC 20402–9325.

Executive Order 12372

This final rule is excluded from the

scope of Executive Order 12372,

Intergovernmental Consultation. A

Notice of Final Rule entitled

Department Programs and Activities

Excluded from Executive Order 12372

(50 FR 47034) exempts RUS loans and

loan guarantees to governmental and

nongovernmental entities from coverage

under this Order.

National Performance Review

This regulatory action is being taken

as part of the National Performance

Review program to eliminate

unnecessary regulations and improve

those that remain in force.

Background

Pursuant to 7 CFR part 1753, subpart

B, RUS telecommunications borrowers

must use a contract to procure

engineering services for design and

construction of facilities which qualify

as ‘‘major’’ under that part. The contract

required is the RUS Form 217, Postloan

Engineering Services Contract.

The Form 217 contract was developed

by REA (predecessor to RUS) to meet

the specific requirements of rural

telecommunications borrowers, and to

meet the objectives of the RE Act. It

contains provisions to facilitate the use

of RUS-required contract forms for the

procurement of outside plant, central

office equipment, special transmission

equipment, and exchange switching

equipment buildings. Most of the past

revisions of the Form 217 contract have

been triggered by major revisions of

these other RUS construction contracts.

Prior to this action, the RUS Form 217

contract has never been codified.

A major feature of the Form 217

contract is that engineering fees are

agreed to in a manner that makes it

possible to estimate them accurately in

advance. This helps RUS ensure that

funding set aside for the construction

and engineering of a project will be

adequate.

On December 27, 1995, RUS

published a proposed rule (60 FR

66936) in the Federal Register with a 30

day comment period. Comments

received were considered in developing

this final rule. The changes made in this

final rule are evolutionary. The duties

and responsibilities of the contracting

engineer, and its named representatives,

are specified in more detail. Design and

construction monitoring activities are