21036 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

Agency Board of Contract Appeals

rather than a program matter within the

jurisdiction of the National Appeals

Division. If the reinsured company is

now dissatisfied with a determination

under a reinsurance agreement with

FCIC it may now request the Director of

Insurance Services to render a final

administrative determination on the

dispute. If the reinsured company is

dissatisfied with a determination as a

result of a compliance review finding, it

may request the Director of Compliance

to render a final administrative

determination on the dispute. Such final

administrative determination by the

Director of Insurance Services or

Director of Compliance will be

appealable to the United States

Department of Agriculture Board of

Contract Appeals.

List of Subjects in 7 CFR Part 400

Crop insurance.

Final Rule

Pursuant to the authority contained in

the Federal Crop Insurance Act, as

amended (7 U.S.C. 1501 et seq.), the

Federal Crop Insurance Corporation

hereby amends 7 CFR part 400, subpart

L to read as follows:

PART 400—[AMENDED]

1. The authority citation for 7 CFR

part 400, subpart L, is revised to read as

follows:

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

2. Section 400.169 is revised to read

as follows:

§ 400.169 Disputes.

(a) If the company believes that the

Corporation has taken an action that is

not in accordance with the provisions of

the Standard Reinsurance Agreement or

any reinsurance agreement with FCIC,

except compliance issues, it may within

45 days after receipt of such

determination, request, in writing, the

Director of Insurance Services to make

a final administrative determination

addressing the disputed issue. The

Director of Insurance Services will

render the final administrative

determination of the Corporation with

respect to the applicable issues.

(b) If the company believes that the

Corporation’s compliance review

findings are not in accordance with the

applicable laws, regulations, custom or

practice of the insurance industry, or

FCIC approved policy and procedure, it

may within 45 days after receipt of such

determination, request, in writing, the

Director of Compliance to make a final

administrative determination addressing

the disputed issue. The Director of

Compliance will render the final

administrative determination of the

Corporation with respect to these issues.

(c) A company may also request

reconsideration by the Director of

Insurance Services of a decision of the

Corporation rendered under any

Corporation bulletin or directive which

bulletin or directive does not affect,

interpret, explain, or restrict the terms

of the reinsurance agreement. The

company, if it disputes the

Corporation’s determination, must

request a reconsideraiton of that

determination in writing, within 45

days of the receipt of the determination.

The determinations of the Director will

be final and binding on the company.

Such determinations will not be

appealable to the Board of Contract

Appeals.

(d) Appealable final administrative

determinations of the Corporation under

§ 400.169 (a) or (b) may be appealed to

the Board of Contract Appeals in

accordance with the provisions of part

24 of title 7, subtitle A, of the Code of

Federal Regulations, 7 CFR part 24.

Done in Washington, D.C., on April 20,

1995.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 95–10466 Filed 4–28–95; 8:45 am]

BILLING CODE 3410–08–P

Commodity Credit Corporation

7 CFR Part 1464

RIN 0560–AD91

Tobacco; Tobacco Loan Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Interim rule with request for

comments.

SUMMARY: The Federal Crop Insurance

Reform Act of 1994 (the 1994 Act), was

enacted on October 13, 1994, and

amended the Federal Crop Insurance

Act. The 1994 Act requires the Federal

Crop Insurance Corporation (FCIC) to

implement a catastrophic risk protection

plan of insurance which is the basic

level of coverage required to be

purchased by a producer in order to be

eligible for price support and other U.S.

Department of Agriculture farm program

benefits. The FCIC issued regulations in

the form of an interim rule published in

the Federal Register on Friday, January

6, 1995. The purpose of the immediate

rule is to amend tobacco loan program

regulations to reflect this new

requirement. This rule amends 7 CFR

part 1464. This rule requires that

producers purchase crop insurance in

order to be eligible for tobacco program

benefits. The insurance must be

acquired in accordance with FCIC rules

in an amount that equals or exceeds the

minimum amount set by FCIC.

DATES: Effective Date: May 1, 1995.

Comment Date: Comments must be

received on or before May 31, 1995 in

order to be assured of consideration.

ADDRESSES: Interested persons are

invited to submit written comments to

the Director, Tobacco and Peanuts

Division, Consolidated Farm Service

Agency (CFSA), United States

Department of Agriculture (USDA), P.O.

Box 2415, Washington, DC 20013–2415,

telephone 202–720–7413. All written

comments will be available for public

inspection in room 5750, South

Building, USDA, 14th St. and

Independence Avenue, SW.,

Washington, DC, between 8 a.m. and 5

p.m., Monday through Friday, except

holidays.

FOR FURTHER INFORMATION CONTACT:

Gary Wheeler, CFSA, at the address

listed under ADDRESSES, telephone 202–

720–7562.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule has been determined

to be not significant for purposes of

Executive Order 12866 and, therefore,

has not been reviewed by Office of

Management and Budget (OMB).

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this rule since the

Commodity Credit Corporation (CCC) is

not required by 5 USC 553 or any other

provision of law to publish a notice of

proposed rulemaking with respect to the

subject matter of this rule.

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

to which this rule applies are:

Commodity Loans and Purchases—

10.051.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will have no significant impact

on quality of the human environment.

Therefore, neither an environmental

assessment nor an environmental

impact statement is needed.

Executive Order 12372

This program/activity is not subject to

the provisions of Executive Order 12372
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21037

which requires intergovernmental

consultation with State and local

officials. See the notice related to 7 CFR

part 3015, subpart V published at 48 FR

2915 (June 24, 1983).

Executive Order 12778

This interim rule has been reviewed

in accordance with Executive Order

12778. The provisions of this interim

rule are not retroactive and preempt

State laws to the extent that such laws

are inconsistent with the provisions of

this interim rule. Before any legal action

is brought regarding determinations

made under provisions of 7 CFR part

1464, the administrative appeal

provisions set forth at 7 CFR part 780

must be exhausted.

Paperwork Reduction Act

This interim rule does not change the

CFSA information collection

requirements that have been approved

by OMB and assigned control number

0560–0058. The FCIC information

collection requirements for 0563–0003

have been modified and approved by

OMB to reflect the program

requirements imposed by the Federal

Crop Insurance Reform Act of 1994.

A. The Federal Crop Insurance Act of

1994

The 1994 Act was enacted on October

13, 1994, and amended the Federal Crop

Insurance Act. The 1994 Act requires

FCIC to implement a catastrophic risk

protection plan of insurance which is

the basic level of coverage required to be

purchased by a producer to be eligible

for price support and other U.S.

Department of Agriculture farm program

benefits. FCIC issued an interim rule

published in the Federal Register on

Friday, January 6, 1995 (Vol. 60, No. 4,

pages 1996 through 2005) implementing

this and other 1994 Act provisions.

B. Tobacco Loan Program

This rule amends 7 CFR part 1464 for

the tobacco program to reflect the 1994

Act’s insurance provisions. Under the

rule, as under the act, beginning with

the 1995 crops, tobacco producers will

be ineligible for price support unless

they purchase catastrophic risk

protection crop insurance in accordance

with FCIC rules in an amount which

equals or exceeds the minimal amount

set by FCIC. This requirement is

statutory. For that reason, because this

rule mirrors the previously published

FCIC rules, and because of the onset of

the growing season, it has been

determined that there would be no

purpose in delaying the effectiveness of

this rule and that such delay would be

contrary to the public interest.

Therefore, it has been determined that

this rule should be published as an

interim rule without prior comment.

List of Subjects in 7 CFR Part 1464

Assessments, Loan program,

Agriculture, Price support program,

Tobacco, Warehouses.

For the reasons set out in the

preamble, 7 CFR part 1464 is amended

as follows:

PART 1464—TOBACCO

1. The authority citation for part 1464

continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1441, 1445,

1445–1, and 1445–2; 15 U.S.C. 714b, 714c.

2. Section 1464.7 is amended by

adding a new paragraph (f) to read as

follows:

§ 1464.7 Eligible producer.

* * * * *

(f) Must be in compliance with the

provisions of parts 400 and 402 of this

title by purchasing an amount of

catastrophic insurance coverage which

equals or exceeds the minimal required

under those parts.

Signed at Washington, DC on April 21,

1995.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 95–10601 Filed 4–28–95; 8:45 am]

BILLING CODE 3410–05–M

7 CFR Part 1494

Export Bonus Programs

AGENCY: Commodity Credit Corporation

(CCC), USDA.

ACTION: Final rule.

SUMMARY: CCC is issuing this final rule

to amend its regulations to: (1) Delete

the export experience requirement for

qualification to participate in the Export

Enhancement Program (EEP) and the

Dairy Export Incentive Program (DEIP)

and (2) establish the time at which new

program participants would be eligible

to receive bonus payments. These

amendments are intended to provide the

opportunity for a greater number of U.S.

exporters to participate in the EEP and

the DEIP. The final rule also amends

several provisions of the regulations to

make them clearer, easier to read, and

more consistent with the regulations

that apply to some of the other CCC

export programs.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT: L.T.

McElvain, Director, CCC Operations

Division, Foreign Agricultural Service,

U.S. Department of Agriculture, AG Box

1035, Washington D.C., 20250–1035;

Fax (202) 720–2949; Telephone (202)

720–6211. The U.S. Department of

Agriculture (USDA) prohibits

discrimination in its programs on the

basis of race, color, national origin, sex,

religion, age, disability, political beliefs,

and marital or familial status. Persons

with disabilities who require alternative

means for communication of program

information (braille, large print,

audiotape, etc.) should contact the

USDA Office of Communications at

(202) 720–5881 (voice) or (202) 720–

7808 (TDD).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule is issued in

conformance with Executive Order

12866. It has been determined to be

neither significant nor economically

significant for the purposes of E.O.

12866 and, therefore, has not been

reviewed by the Office of Management

and Budget (OMB).

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule since CCC

is not required by 5 U.S.C. 553 or any

other provision of law to publish a

notice of rulemaking with respect to the

subject matter of this rule.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which requires intergovernmental

consultation with State and local

officials. See notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115 (June 24, 1983).

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will not have a significant impact

on the quality of the human

environment. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

Paperwork Reduction Act

The information collection

requirements contained in this rule have

previously been submitted to OMB for

review under the Paperwork Reduction

Act and were assigned OMB control

numbers 0551–0028 and 0551–0029.

Executive Order 12778

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This final rule will have

preemptive effect with respect to any