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

36407 

Vol. 73, No. 125 

Friday, June 27, 2008 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Parts 402 and 407 

RIN 0563–AC17 

Catastrophic Risk Protection 

Endorsement and the Group Risk Plan 

of Insurance Regulations 

AGENCY: Federal Crop Insurance 

Corporation, USDA. 

ACTION: Final rule. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) amends the 

Catastrophic Risk Protection 

Endorsement (7 CFR 402.4) (CAT 

Endorsement), and the Group Risk Plan 

Common Policy (7 CFR 407.9) (GRP 

policy) to incorporate changes in the 

administrative fees for catastrophic risk 

protection mandated by the Food, 

Conservation, and Energy Act of 2008 

(Farm Bill 2008). 

DATES: Effective Date: This rule is 

effective June 25, 2008. 

FOR FURTHER INFORMATION CONTACT: Erin 

Albright, Risk Management Specialist, 

Product Management, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility—Mail Stop 0812, PO Box 

419205, Kansas City, MO 64141–6205, 

telephone (816) 926–7730. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This rule has been determined to be 

non-significant for the purposes of 

Executive Order 12866 and, therefore, it 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Paperwork Reduction Act of 1995 

Pursuant to the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35), the collections of 

information in this rule have been 

approved by OMB under control 

number 0563–0053 through June 30, 

2008. 

E-Government Act Compliance 

FCIC is committed to complying with 

the E-Government Act of 2002, to 

promote the use of the Internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act 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 the 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 13132 

It has been determined under section 

1(a) of Executive Order 13132, 

Federalism, that this rule does not have 

sufficient implications to warrant 

consultation with the States. The 

provisions contained in this rule will 

not have a substantial direct effect on 

States, or on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

Regulatory Flexibility Act 

FCIC certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. Administrative fee 

requirements for the Federal crop 

insurance program are the same for all 

producers regardless of the size of their 

operations. Whether a producer has 10 

acres or 100 acres there is no difference 

in the administrative fee requirements. 

To ensure crop insurance is available to 

small entities, the Federal Crop 

Insurance Act authorizes FCIC to waive 

collection of administrative fees from 

limited resource farmers. FCIC believes 

this change helps ensure that small 

entities are given the same opportunities 

as large entities to manage their risks 

through the use of crop insurance. A 

Regulatory Flexibility Analysis has not 

been prepared since this regulation does 

not have an impact on small entities, 

and, therefore, this regulation is exempt 

from the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 605). 

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 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. With respect to 

any direct action taken by FCIC or to 

require the insurance provider to take 

specific action under the terms of the 

crop insurance policy, 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, or safety. Therefore, neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

needed. 

Background 

On May 22, 2008, the 2008 Farm Bill 

was enacted. Section 12006 of the 2008 

Farm Bill requires that each producer 

pay an administrative fee for 

catastrophic risk protection (CAT) in the 

amount of $300 per crop per county. 

The provisions are very specific and 

mandate certain terms that do not allow 

FCIC any discretion in the provisions or 

their implementation. Currently, the 

administrative fee for catastrophic risk 

protection is $100 per crop per county. 

Further, that section expressly 


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36408 Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations 

authorizes cooperative and trade 

associations to pay the administrative 

fee for CAT coverage under certain 

circumstances. Provisions have been 

modified to allow such associations to 

pay the CAT administrative fee. 

To effectuate this mandated change, 

FCIC is revising the CAT Endorsement 

and the GRP policy. 

Good cause is shown to make this rule 

effective upon filing for public 

inspection at the Office of the Federal 

Register. Good cause exists when notice 

and comment and the 30 day delay in 

the effective date is impracticable, 

unnecessary, or contrary to the public 

interest. 

FCIC is merely making ministerial 

changes to the policy that are mandated 

by the 2008 Farm Bill. There is no 

discretion given to FCIC in the terms 

contained in this rule or their 

implementation. Further, the next 

applicable contract change date, the 

date by which changes to the policy 

must be made to have them effective for 

the next crop year, is June 30, 2008. 

Therefore, there is no time to conduct a 

notice and comment rulemaking. 

For the reasons stated above, good 

cause exists to make these policy 

changes effective upon filing for public 

inspection at the Office of the Federal 

Register. 

List of Subjects in 7 CFR Parts 402 and 

407 

Crop insurance, Reporting and 

recordkeeping requirements. 

Final Rule 

■ Accordingly, as set forth in the 

preamble, the Federal Crop Insurance 

Corporation amends 7 CFR parts 402 

and 407 effective for the 2009 and 

succeeding crop years for all crops with 

a 2009 crop year contract change date 

on or after the effective date of this rule, 

and for the 2010 and succeeding crop 

years for all crops with a 2009 crop year 

contract change date prior to the 

effective date of this rule, as follows: 

PART 402—CATASTROPHIC RISK 

PROTECTION ENDORSEMENT 

■ 1. The authority citation for 7 CFR 

Part 402 continues to read as follows: 

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

■ 2. Amend § 402.4: 

■ a. By removing the introductory text; 

and 

■ b. In section 6, by revising the 

introductory text of paragraph (b) and 

paragraph (b)(1) to read as follows: 

§ 402.4 Catastrophic Risk Protection 

Endorsement Provisions. 

* * * * * 

6. Annual Premium and 

Administrative Fees. 

* * * * * 

(b) In return for catastrophic risk 

protection coverage, you must pay an 

administrative fee to us within 30 days 

after you have been billed, unless 

otherwise authorized in the Federal 

Crop Insurance Act (You will be billed 

by the date stated in the Special 

Provisions); 

(1) The administrative fee owed is 

$300 for each crop in the county unless 

otherwise specified in the Special 

Provisions. 

* * * * * 

PART 407—GROUP RISK PLAN OF 

INSURANCE REGULATIONS 

■ 1. The authority citation for 7 CFR 

Part 407 continues to read as follows: 

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

■ 2. Revise the part heading as set forth 

above. 

■ 3. Amend § 407.9: 

■ a. By removing the introductory text; 

and 

■ b. In section 8 by revising the 

introductory text of paragraph (a) and 

paragraph (a)(1) to read as follows: 

§ 407.9 Group risk plan common policy. 

* * * * * 

8. Administrative Fees and Annual 

Premium. 

(a) If you obtain a catastrophic risk 

protection GRP policy, you will pay an 

administrative fee, unless otherwise 

authorized in the Act: 

(1) Of $300 per crop per county unless 

otherwise specified in the Special 

Provisions; 

* * * * * 

Signed in Washington, DC, on June 24, 

2008. 

Eldon Gould, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 08–1395 Filed 6–25–08; 11:42 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0163; Airspace 

Docket No. 08–AGL–2] 

Amendment of Class E Airspace; 

Indianapolis, IN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of a direct final rule that 

establishes additional Class E airspace 

at Indianapolis, IN, published in the 

Federal Register April 2, 2008 (73 FR 

17887) Docket No. FAA–2008–0163. 

This action also makes a minor 

correction to the geographic coordinates 

of Hendricks County Gordon Graham 

Field. 

DATES: Effective Date: 0901 UTC June 

27, 2008. The Director of the Federal 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: Gary 

Mallett, NISC Contractor, Operations 

Support Group, ATO Central Service 

Center, Federal Aviation 

Administration, Southwest Region, 2601 

Meacham Blvd, Fort Worth, TX 76193–

0530; at telephone (817) 222–4949. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA published a direct final rule 

with request for comments in the 

Federal Register April 2, 2008, (73 FR 

17887), Docket No. FAA–2008–0163, 

that establishes additional Class E 

airspace at Indianapolis, IN. The FAA 

uses the direct final rule procedure for 

non-controversial rules where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit an 

adverse comment, was received within 

the comment period, the regulation 

would become effective on June 5, 2008. 

No adverse comments were received; 

thus, this notice confirms that the direct 

final rule will become effective on this 

date. Also an error was found in the 

geographic coordinates of Hendricks 

County Gordon Graham Field. This 

action corrects that error. 

The incorporation by reference in 14 

CFR 71.1 of FAA Order 7400.9R, 

Airspace Designations and Reporting 

Points, signed August 15, 2007, and 

effective September 15, 2007, is hereby 

amended as follows: 

Correction 

In the Federal Register dated April 2, 

2008, (73 FR 14887), Federal Register 

Docket No. FAA–2008–0163, on page 

17888, column 2, line 47, replace the 

coordinates for Hendricks CountyVerDate Aug<31>2005 18:06 Jun 26, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1

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