```
[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Proposed Rules]
[Pages 38761-38762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19245]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / 
Proposed Rules

[[Page 38761]]

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

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

Common Crop Insurance Regulations; Guaranteed Production Plan of 
Fresh Market Tomato Crop Insurance Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to 
amend the Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions to change the calendar date for the end of the 
insurance period.

DATES: Written comments and opinions on this proposed rule will be 
accepted until close of business August 19, 1998 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, 9435 Holmes Road, 
Kansas City, MO 64131. 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: 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 12866

    This rule has been determined to be exempt for the purposes 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 
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 of 1995 (UMRA) 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 UMRA) for State, local, and tribal 
governments or the private sector. Therefore, this rule is not subject 
to the requirements of sections 202 and 205 of UMRA.

Executive Order 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 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. 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 for judicial 
review of any determination made by FCIC 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 revising 7 CFR 457.128 effective for the 1999 and 
succeeding crop years. The only change to the provisions for insuring 
guaranteed production plan of fresh market tomatoes is to amend section 
10(b)(7) to change the calendar date for the end of the insurance 
period for certain states. The end of the insurance period for 
Delaware, Maryland, New Jersey, North Carolina, and Virginia will be 
changed from September 20 to October 15 of the crop year. The end of 
the insurance period for Florida, Georgia, and South Carolina will be 
changed from September 20 to November 10 of the crop year. A September 
20 ending date creates an insurance period that is too short in these 
states. Under the current crop provisions, if the crop is planted 
during the fall planting period in accordance with the Special 
Provisions in effect for the 1999 crop year, the crop will not reach 
maturity before the end of the insurance period. The proposed change in 
the dates for the end of the insurance period will allow for insurance 
coverage from the time of planting until maturity of the crop.

List of Subjects in 7 CFR Part 457

    Crop insurance, Tomatoes.

[[Page 38762]]

Proposed Rule

    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; REGULATIONS FOR THE 
1998 AND SUBSEQUENT CONTRACT YEARS

    1. The authority citation for 7 CFR part 457 continues to read as 
follows:

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

    2. In Sec. 457.128 revise section 10(b)(7) to read as follows:

Sec. 457.128  Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions.

    10. Insurance Period.
* * * * *
    (b) * * *
    (7) October 15 of the crop year in Delaware, Maryland, New Jersey, 
North Carolina, and Virginia; October 31 of the crop year in 
California; November 10 of the crop year in Florida, Georgia, and South 
Carolina; and September 20 of the crop year in all other states.

    Signed in Washington, DC, on July 13, 1998.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 98-19245 Filed 7-17-98; 8:45 am]
BILLING CODE 3410-08-P
```