This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62311

Vol. 65, No. 202

Wednesday, October 18, 2000

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

Common Crop Insurance Regulations;

Sugarcane Crop Insurance Provisions

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Proposed rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) proposes to amend

the Sugarcane Crop Insurance

Provisions. The intended effect of this

proposed action is to provide policy

changes to better meet the needs of the

insureds and to restrict the effect of the

current Sugarcane Crop Insurance

Regulations to the 2001 and prior crop

years.

DATES: Written comments and opinions

on this proposed rule will be accepted

until close of business December 18,

2000 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, 6501 Beacon Drive,

Kansas City, MO 64133. Comments may

also be sent via the Internet to

DIRECTORPDD@RM.FCIC.USDA.GOV.

A copy of each response will be

available for public inspection and

copying from 7:00 a.m. to 4:30 p.m.,

CDT, Monday through Friday except

holidays, at the above address.

FOR FURTHER INFORMATION CONTACT:

Arden Routh, 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 12866

This rule has been determined to be

exempt for the purpose of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget (OMB).

Paperwork Reduction Act of 1995

Under the provisions of the

Paperwork Reduction Act of 1995 (44

chapter 35), the collections of

information for this rule have been

previously approved by OMB under

control number 0563–0053 through

April 30, 2001.

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) establishes

requirements for Federal agencies to

access 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 13132

The provisions contained in this rule

do not have any substantial direct effect

on states, the relationship between the

national government and the states, or

on the distribution of power and

responsibilities among the various

levels of government.

Therefore, no consultation with states

is required.

Regulatory Flexibility Act

This regulation will not have a

significant economic 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, every producer

is required to complete an application

and acreage report. If the crop is

damaged or destroyed, the producer is

required to give notice of loss and

provide the necessary information to

complete a claim for indemnity. This

regulation does not alter these

requirements. The amount of work

required of the insurance companies

delivering and servicing these policies

will not increase from the amount of

work currently required. 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 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.

Executive Order 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 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 economic impact on the

quality of the human environment,

health, and safety. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

Background

FCIC proposes to amend the Common

Crop Insurance Regulations (7 CFR part

457) by amending 7 CFR 457.116

Sugarcane Crop Insurance Provisions

effective for the 2002 and succeeding

crop years. The proposed changes to

provisions for insuring sugarcane are as

follows:

1. Change the word ‘‘paragraph’’ to

‘‘section’’ throughout these provisions

to be consistent with other crop

provisions and make other minor

editorial changes.

2. Section 1—Remove the definition

of ‘‘local market price’’ because there is

no local market price for raw sugar, and

revise the definition of ‘‘sugarcane’’ for

clarification.

3. Section 5—Add provision that

makes uninsurable any sugarcane

damaged the previous crop year to the

extent the sugarcane is unable to

62312 Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Proposed Rules

produce the production guarantee. Add

a provision that the sugarcane is not

insurable if it exceeds the age

limitations (by variety if applicable) at

which sugarcane may be insured as

specified in the Special Provisions. This

change eliminates the need for

inadequate stand appraisals unless the

insured is seeking insurance by written

agreement.

4. Section 7(a)—Removed provisions

for plant cane that allow coverage at a

later date by an agreement in writing, as

this is an uncommon practice. Removed

language that allows coverage to attach

on the later of April 15 or 30 days

following the harvest of stubble cane,

since in practice coverage will attach

only on the specified date. Clarify when

insurance attaches for Louisiana and all

other states. For stubble cane damaged

the previous crop year, the calendar

date when insurance attaches has been

changed from April 15 to April 30 in

Louisiana. Currently, acreage that does

not have an adequate stand on April 15

is not insurable; however, this same

acreage may have an adequate stand by

April 30.

5. Section 9(a)—Add provisions that if

the insured believes that the sugarcane

will produce less than the approved

yield, the insured must request that an

appraisal be performed to determine the

sugar potential. If an appraisal is not

made, the production to count for such

acreage will be the approved yield.

Also, this section clarifies the

requirement that if notice is not given

prior to cutting for seed, the acreage will

be considered as put to another use

without consent and the approved yield

will be assessed for such acreage.

6. Add an example of a claim for

indemnity for clarity.

7. Section 10(c)(1)(iv)—Remove

provisions that explained the process

for making an inadequate stand

appraisal. It has been determined that

inadequate stand appraisals are not

accurate. Current sections 10(c)(1)(v)

and (vi) have been redesignated to

10(c)(1)(iv) and (v).

8. Section 10(d)—Delete the section

because there is no local market price

for raw sugar. The extent of any freeze

damage to sugarcane is reflected in the

pounds of raw sugar extracted from the

damaged sugarcane. A producer with

freeze damaged sugarcane is paid the

same price per pound for raw sugar as

a producer whose sugarcane is not

damaged.

List of Subjects in 7 CFR Part 457

Crop insurance.

Accordingly, as set forth in the

preamble, the Federal Crop Insurance

Corporation proposes to amend 7 CFR

part 457 as follows:

PART 457—COMMON CROP

INSURANCE REGULATIONS

1. The authority citation for 7 CFR

part 457 continues to read as follows:

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

2. Amend § 457.116 as follows:

a. Revise the introductory text.

b. In section 1 of the crop provisions,

delete the definition for ‘‘local market

price’’ and revise the definition for

‘‘sugarcane.’’

c. Revise sections 3, 5, 6, 7, the

introductory language to 9(a), 9(a)(2),

and 10(b)(4) of the crop provisions.

d. Remove the parenthetical phrase

‘‘(§ 457.8)’’ wherever it occurs in

sections 2, 8, and 9(b) of the crop

provisions. In addition, remove the

parenthetical phrases ‘‘(Insurance

Guarantees, Coverage Levels, and Price

for Determining Indemnities)’’ in

section 2(a); ‘‘(Causes of Loss)’’ in

section 8 introductory text; and ‘‘(Duties

in the Event of Damage or Loss)’’ in

section 9(b).

e. Remove section 10(c)(1)(iv) of the

crop provisions.

f. Redesignate section 10(c)(1)(v) and

(c)(1)(vi) as section 10(c)(1)(iv) and

(c)(1)(v), respectively, of the crop

provisions and in newly redesignated

10(c)(1)(iv), remove the word

‘‘paragraph’’ and add ‘‘section’’, in its

place.

The revised text reads as follows:

§ 457.116 Sugarcane crop insurance

provisions.

The Sugarcane Crop Insurance

Provisions for the 2002 and succeeding

crop years are as follows:

* * * * *

1. Definitions.

* * * * *

Sugarcane—means plant cane and

stubble cane.

* * * * *

3. Contract Changes.

In accordance with section 4 of the

Basic Provisions, the contract change

date is June 30 preceding the

cancellation date.

* * * * *

5. Insured Crop.

(a) In accordance with section 8 of the

Basic Provisions, the crop insured will

be all the sugarcane in the county for

which a premium rate is provided by

the actuarial documents:

(1) In which you have a share;

(2) That is grown for processing for

sugar or for seed; and

(3) That is not interplanted with

another crop, unless allowed by a

written agreement.

(b) In addition to the crop listed as not

insured in section 8(b) of the Basic

Provisions, we will not insure any

sugarcane:

(1) That was damaged the previous

crop year to the extent the sugarcane is

unable to produce the production

guarantee; or

(2) That exceeds the age limitations

(by variety, if applicable) contained in

the Special Provisions, unless we agree

in writing to insure such acreage.

6. Insurable Acreage.

Section 9(a)(3) of the Basic Provisions

is not applicable to the Sugarcane Crop

Provisions.

7. Insurance Period.

(a) In addition to the provisions of

section 11 of the Basic Provisions,

insurance attaches:

(1) At the time of planting for plant

cane;

(2) On the first day following harvest

of the previous crop for stubble cane

except as contained in sections 7(a)(3)

and (4);

(3) On April 15 following harvest of

the previous crop for stubble cane

damaged during the previous crop year

in all states (except Louisiana); and

(4) On April 30 following harvest of

the previous crop for stubble cane

damaged during the previous crop year

in Louisiana.

(b) In accordance with the provisions

of section 11 of the Basic Provisions, the

calendar date for the end of the

insurance period is:

(1) January 31 in Louisiana; and

(2) April 30 in all other states.

* * * * *

9. Duties in the Event of Damage or

Loss or Cutting the Sugarcane for Seed.

(a) In addition to your duties under

section 14 of the Basic Provisions, in the

event of damage or loss:

* * * * *

(2) You must give us notice at least 15

days before you begin cutting any

sugarcane for seed. Your notice must

include the unit number and the

number of acres you intend to harvest

as seed. Failure to give us timely notice

will cause the acreage cut for seed to be

considered as put to another use

without consent. The production to

count for such acreage will be your

approved yield.

(3) If you believe that your sugarcane

will produce less than your approved

yield, you must request an appraisal of

the sugarcane to determine the sugar

potential. If you do not request an

appraisal, the production to count for

such acreage will be your approved

yield.

* * * * *

10. Settlement of Claim.

* * * * *

Federal Register / Vol. 65, No. 202 / Wednesday, October 18, 2000 / Proposed Rules 62313

(b) * * *

(4) Multiplying this result by your

share.

Example 1:

Assume you have a 100 percent share

in a unit of 100 acres of sugarcane, with

a guarantee of 4,000 pounds of raw

sugar per acre and a price election of

$0.12 per pound. You are only able to

harvest 200,000 pounds because the

unit was damaged by an insurable cause

of loss. Your indemnity would be

calculated as follows:

(1) 100 acres × 4,000 pounds =

400,000 pound guarantee;

(2) 400,000 pound

guarantee¥200,000 pounds harvested

production = 200,000 pound production

loss;

(3) 200,000 pound production loss ×

$0.12 price election = $24,000 value of

production loss; and

(4) $24,000 value of production loss ×

100 percent share = $24,000 indemnity

payment.

Example 2:

Assume you have a 100 percent share

in a unit of 100 acres of sugarcane. Your

approved yield is 6,000 pounds of raw

sugar per acre. You have selected the 65

percent coverage level, which

multiplied by your approved yield

equals a guarantee of 3,900 pounds of

raw sugar per acre, and a price election

of $0.12 per pound. You cut 20 acres of

this unit for seed without giving notice

that you were cutting this acreage for

seed. You are only able to harvest

200,000 pounds from the remaining 80

acres. Your indemnity would be

calculated as follows:

(1) 100 acres × 3,900 pounds =

390,000 pound guarantee;

(2) 390,000 pound

guarantee¥200,000 pounds harvested

production¥120,000 pound production

guarantee for putting acreage to another

use without consent (20 acres × 6,000

approved yield per acre) = 70,000

production loss;

(3) 70,000 pound production loss ×

$0.12 price election = $8,400 value of

production loss; and

(4) $8,400 value of production loss ×

100 percent share = $8,400 indemnity

payment.

* * * * *

Signed in Washington, DC, on October 3,

2000.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 00–25987 Filed 10–17–00; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–380–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–300, –400, and –500 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Boeing Model 737–300, –400,

and –500 series airplanes. This proposal

would require repetitive inspections to

detect cracking of certain areas of the

forward pressure bulkhead, and repair,

if necessary. This proposal also would

require certain preventive

modifications, which, when

accomplished, would terminate the

repetitive inspections for the affected

areas. This action is necessary to

prevent fatigue cracking on critical areas

of the forward pressure bulkhead, which

could result in rapid decompression of

the airplane fuselage. This action is

intended to address the identified

unsafe condition.

DATES: Comments must be received by

December 4, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

380–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 99–NM–380–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Nenita K. Odesa, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2557; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 99–NM–380–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

99–NM–380–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.