Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules 63457

§ 412.202 ‘‘Status’’ programs.

Only employees serving under career

appointments, or under career-type

appointments as defined in 5 CFR

317.304(a)(2), may participate in

‘‘status’’ candidate development

programs.

§ 412.203 ‘‘Nonstatus’’ programs.

(a) Eligibility. Candidates are from

outside Government and/or from among

employees serving on other than career

or career-type appointments within the

civil service.

(b) Requirements. (1) Candidates must

be appointed utilizing the Schedule B

authority authorized by 5 CFR

213.3202(j). The appointment may not

exceed or be extended beyond 3 years.

(2) Assignments must be to a full-time

position created for developmental

purposes connected with the SES

candidate development program.

Candidates serving under Schedule B

appointment may not be used to fill an

agency’s regular positions on a

continuing basis.

(3) Schedule B appointments must be

made in the same manner as merit

staffing requirements prescribed for the

SES, except that each agency shall

follow the principle of veteran

preference as far as administratively

feasible. Positions filled through this

authority are excluded under 5 CFR

302.101(c)(6) from the appointment

procedures of part 302.

[FR Doc. 95–30053 Filed 12–8–95; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563–AB24

Common Crop Insurance Regulations;

Malting Barley Price and Quality

Endorsement Crop Insurance

Provisions

AGENCY: Federal Crop Insurance

Corporation.

ACTION: Proposed rule.

SUMMARY: The Federal Crop Insurance

Corporation (‘‘FCIC’’) hereby proposes

to revise the Malting Barley Option Crop

Insurance provisions. The intended

effect of this action is to improve the

insurance coverage now available for

producers who grow malting barley

under contract with a brewery, or

business that sells malt or processed

mash to a brewery; and to provide a new

option that will allow producers

without contracts (open market

producers) to obtain insurance for their

malting barley.

DATES: Written comments, data, and

opinions on this proposed rule must be

submitted by the close of business

December 21, 1995 to be considered

when the rule is to be made final. The

comment period for information

collections under the Paperwork

Reduction Act of 1995 continues

through February 5, 1996.

ADDRESSES: Written comments, data,

and opinion on this proposed rule

should be sent to Diana Moslak,

Regulatory and Procedural Development

Staff, Federal Crop Insurance

Corporation, USDA, Washington, D.C.

20250. Hand or messenger delivery

should be made to 14th and

Independence Avenue, S.W., Room

6097, South Building, Washington, D.C.

Written comments will be available for

public inspection and copying in the

Office of the Manager, 14th and

Independence Avenue, S.W., Room

6097, South Building, Washington, D.C.,

during regular business hours, Monday

through Friday.

FOR FURTHER INFORMATION CONTACT: For

further information and a copy of the

Regulatory Economic Analysis of the

Malting Barley Endorsement Crop

Insurance provisions, contact Diana

Moslak, Regulatory and Procedural

Development Staff, Federal Crop

Insurance Corporation, USDA,

Washington, D.C. 20250. Telephone

(202) 720–0713.

SUPPLEMENTARY INFORMATION: This

action has been reviewed under United

States Department of Agriculture

(‘‘USDA’’) procedures established by

Executive Order 12866 and

Departmental Regulation 1512–1. This

action constitutes a review as to the

need, currency, clarity, and

effectiveness of these regulations under

those procedures. The sunset review

date established for these regulations is

July 1, 2000.

This rule has been determined to be

‘‘significant’’ for the purposes of

Executive Order 12866 and, therefore,

has been reviewed by the Office of

Management and Budget (‘‘OMB’’).

A Regulatory Economic Analysis has

been completed and is available to

interested persons at the address listed

above. In summary, the analysis finds

that the expected benefits of this action

outweigh the costs. The new Malting

Barley Price and Quality Endorsement

will simplify program operations,

benefit FCIC and reinsured companies,

and enhance the insurance coverage for

malting barley producers.

Paperwork Reduction Act of 1995

The information collection

requirements contained in these

regulations were submitted to OMB for

their approval under section 3507(j) of

the Paperwork Reduction Act of 1995,

and received emergency approval

through March 5, 1996. The agency is

also seeking a valid approval for 3 years

under section 3507(d). These

requirements were previously approved

by OMB under OMB control number

0563–0003 through September 30, 1998.

Public comments are due by February 5,

1996.

The title of this information collection

is ‘‘Catastrophic Risk Protection Plan

and Related Requirements including

General Crop Insurance Regulations,

Common Crop Insurance Regulations;

Malting Barley Price and Quality

Endorsement Crop Insurance

Provisions.’’ The Information to be

collected includes: a crop insurance

acreage report, an insurance application

and continuous contract. Information

collected from the acreage report and

application is electronically submitted

to FCIC by the reinsured companies.

Some respondents may provide

additional information for the purpose

of selecting malting barley insurance

coverage options. Potential respondents

to this information collection are

growers of malting barley that are

eligible for Federal crop insurance.

The information requested is

necessary for the insurance company

and FCIC to provide insurance, provide

reinsurance, determine eligibility,

determine and collect premiums or

other monetary amounts (or fees), and

pay benefits.

All information is reported annually.

The reporting burden for this collection

of information is estimated to average

16.9 minutes per response for each of

the 3.6 responses from approximately

1,755,015 respondents. The total annual

burden on the public for this

information collection is 2,676,932

hours.

The comment period for information

collections under the Paperwork

Reduction Act of 1995 continues

through February 5, 1996, on the

following: (a) whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information
63458 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules

on respondents, including through the

use of automated collection techniques

or other forms of information

technology.

Comments should be submitted to the

Desk Officer for Agriculture, Office of

Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Washington, D.C. 20503 and to

Bonnie Hart, Information Management

Branch, Farm Service Agency, U.S.

Department of Agriculture, Washington,

D.C. 20250. Copies of the information

collection may be obtained from Bonnie

Hart at the above address. Telephone

(202) 690–2857.

It has been determined under section

6(a) of Executive Order 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.

This regulation will not have a

significant impact on a substantial

number of small entities. The impact of

obtaining or delivering these policies

will not vary significantly from that

required to obtain or deliver the present

policy. 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.

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

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.

The Office of the General Counsel has

determined that these regulations meet

the applicable standards provided in

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

Order 12778. 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

promulgated by the National Appeals

Division under Pub. L. No. 103–354

must be exhausted before judicial action

may be brought.

This action is not expected to have

any significant 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 and reissuing 7 CFR

457.103, Malting Barley Option effective

for the 1996 and succeeding crop years.

The principal changes to the provisions

for insuring malting barley are as

follows:

1. The current Malting Barley Option

will be replaced by the proposed

Malting Barley Price and Quality

Endorsement. The new endorsement is

divided into two coverage options.

Option A is intended to provide

insurance coverage for producers who

do not grow malting barley under

contract with a brewery or with a

business that makes or sells malt or

processed mash to a brewery. Option B

provides insurance coverage for

producers who grow malting barley

under such a contract. A producer may

select only one option to cover all

acreage planted to approved varieties of

malting barley in the county during the

crop year.

Option A

2. Section 1—Requires an applicant

for insurance or insured to provide

records of the sale of malting barley for

at least four crop years to be eligible for

coverage. These production records may

be used to determine the malting barley

production guarantee (see item 3

below).

3. Section 2—Provides that the

malting barley production guarantee per

acre will be the lesser of: (a) The

production guarantee calculated under

the APH regulations, 7 CFR part 400,

subpart G, and the Small Grains Crop

Provisions for feed barley for acreage

planted to approved malting varieties;

or (b) the average amount calculated

under the APH regulations of malting

barley sold per planted acre during the

APH base period.

4. Section 3—Provides for the

maximum malting barley additional

value price to be designated in the

Special Provisions.

5. Section 4—Indicates the production

to count against the malting barley

production guarantee. Quality standards

specified in this section represent

typical minimum acceptance standards

in the malting barley industry.

6. Section 5—Provides that a claim

cannot be settled until final disposition

of all production can be determined, or

May 31 of the calendar year following

the crop year. Production stored after

May 31 of the calendar year following

the crop year will be adjusted based on

the quality specifications contained in

subsection 4(b) of the option. This

extended settlement period is intended

to prevent the payment of an indemnity

for production that does not meet

quality specifications but is ultimately

used for malting purposes due to a

shortage of quality malting barley. If

barley is used for malting purposes

regardless of quality it is production to

count against the guarantee.

Option B

7. Section 1—Requires an applicant

for insurance or insured to provide a

copy of the malting barley contract by

the acreage reporting date to be eligible

for coverage. The amount of production

under contract may be used to

determine the malting barley production

guarantee (see item 8 below).

8. Section 2—Provides that the

malting barley production guarantee per

acre be the lesser of: (a) The production

guarantee calculated under the APH

regulations, 7 CFR part 400, subpart G,

and the Small Grains Crop Provisions

for feed barley for acreage planted to

approved malting varieties; or (b) the

amount determined by dividing the

number of bushels of contracted

production by the number of acres

planted to approved malting varieties,

and multiplying the result by the

percentage for the coverage level you

elected under the Small Grains Crop

Provisions for feed barley.

9. Section 3—Establishes the

maximum malting barley additional

value price as: (a) The difference

between the maximum price election

available for feed barley under the Small

Grains Crop Provisions and the

established sale price in the malting

barley contract provided such price is

fixed on or before the acreage reporting

date; or (b) the basis or differential per

bushel shown in the malting barley

contract if the sale price is based on a

future market price for basic (feed)

barley plus a differential amount for

malting barley production. For example,

if the malting barley contract provides

for a fixed price of $2.50 per bushel on

or before the acreage reporting date and

the maximum price election available

for feed barley is $1.90 per bushel, the

additional value price would be $0.60

per bushel ($2.50–$1.90); however, if

the malting barley contract provides for

a basis or differential of $0.60 per

bushel above a future market price, the

additional value price would be $0.60.

In no event will the additional value

price exceed 200% of the maximum

additional value price shown in the

Special Provisions.

10. Section 4—Indicates the

production to count against the malting

barley production guarantee in the event

of a claim. Production meeting the
Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules 63459

minimum acceptance standards

specified in the malting barley contract

for percentage of protein, plump

kernels, thin kernels, germination,

blight damage, mold injury or damage,

sprout damage, frost injury or damage,

and parts per million of substances or

conditions, including mycotoxins, that

are identified by the Food and Drug

Administration as being injurious to

human or animal health, or the

standards specified in this section, will

be considered production to count.

11. Section 5—Specifies that a claim

cannot be settled until final disposition

of all production can be determined, or

May 31 of the calendar year following

the crop year. Production stored after

this date will be adjusted based on the

quality specifications indicated in

subsection 4(b) of the option. This

extended settlement period is intended

to prevent the payment of an indemnity

for production that does not meet

quality specifications but that is

ultimately used for malting purposes

due to a shortage of quality malting

barley. If barley is used for malting

purposes regardless of quality it is

production to count against the

guarantee.

List of Subjects in 7 CFR Part 457

Crop insurance, Malting Barley Price

and Quality Endorsement Crop

Provisions

Proposed 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 proposes to amend the Common

Crop Insurance Regulations (7 CFR part

457), effective for the 1996 and

succeeding crop years, as follows:

PART 457—[AMENDED]

1. The authority citation for 7 CFR

part 457 continues to read as follows:

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

2. Section 457.103 is revised to read

as follows:

§ 457.103 Malting Barley Crop Insurance.

The malting barley crop insurance

provisions for the 1996 and succeeding

crop years are as follows:

United States Department of Agriculture;

Federal Crop Insurance Corporation; Small

Grains Crop Insurance; Malting Barley Price

and Quality Endorsement

(This is a continuous endorsement. Refer to

section 2 of the Common Crop Insurance

Policy.)

In return for your payment of premium for

the coverage contained herein, this

endorsement will be attached to and made

part of the Common Crop Insurance Policy

(§ 457.8) and Small Grains Crop Provisions

(§ 457.101), subject to the terms and

conditions described herein.

1. You must have the Common Crop

Insurance Policy (§ 457.8) and the Small

Grains Crop Insurance Provisions (§ 457.101)

in force to elect to insure malting barley

under this endorsement.

2. You must select either option A or

option B before the sales closing date. Failure

to select either option A or option B, or

failure to qualify for coverage under the

terms of the option selected, will result in no

coverage under this endorsement for the

applicable crop year. For example, if you

elect option B but fail to have a binding

malting barley contract by the acreage

reporting date, no coverage will be provided

under this endorsement for the crop year.

The selection will continue from year to year

unless you cancel or change your selection

prior to the sales closing date.

3. You must select an added value price

election at the time of application.

4. The additional premium amount for this

coverage will be determined by multiplying

your malting barley production guarantee per

acre times your selected additional value

price election, times the premium rate, times

the insured acreage, times your share at the

time coverage begins.

5. In addition to the acreage reporting

requirements contained in section 6 of the

Common Crop Insurance Policy (§ 457.8),

you must provide the information required

by your selected option.

6. All barley acreage that is planted to

approved malting varieties, and that is

insurable under the feed barley crop

provisions and the selected option must be

insured under this endorsement and, on the

acreage report, will be designated as, and

limited to, one unit.

7. In lieu of provisions in the Common

Crop Insurance Policy (§ 457.8) that require

you to submit a claim for indemnity not later

than 60 days after the end of the insurance

period, you must submit a claim for

indemnity declaring the amount of your loss

not later than May 31 of the calendar year

immediately following the crop year.

8. Prevented planting coverage is not

provided by this endorsement but is available

only under the terms of the Small Grains

Crop Provisions for barley.

9. Definitions:

(a) APH—Actual Production History as

determined in accordance with 7 CFR part

400, subpart G.

(b) Approved malting variety—A variety of

barley specified as such in the Special

Provisions.

(c) Brewery—A facility where malt

beverages are commercially produced for

human consumption.

(d) Contracted production—The quantity of

malting barley the insured producer agrees to

grow and deliver, and the buyer agrees to

accept, under the terms of the malting barley

contract.

(e) Licensed grain grader—A person who is

authorized to inspect and grade barley under

the United States Grain Standards Act or the

United States Warehouse Act.

(f) Malting barley contract—A written

contract with a brewery or business that

produces or sells malt or processed mash to

a brewery or a company owned by such

brewery or business, in which is stated the

production contracted and a purchase price

or a method to be used in determining such

price.

(g) Objective test—A determination made

by a qualified person using standardized

equipment that is widely used in the malting

industry, and following a procedure

approved by the American Society of

Brewing Chemists when determining percent

germination or protein content; grading

performed following a procedure approved

by the Federal Grain Inspection Service when

determining quality factors other than

percent germination or protein content; or by

the Food and Drug Administration when

determining parts per million of mycotoxins

or other substances or conditions that are

identified as being injurious to human or

animal health.

(h) Subjective test—A determination made

using olfactory, visual, touch or feel,

masticatory, or other senses unless performed

by a licensed grain grader; or that uses nonstandardized equipment, or that does not

follow a procedure approved by the

American Society of Brewing Chemists, the

Federal Grain Inspection Service, or the Food

and Drug Administration.

(i) Value per bushel—The highest price per

bushel received or that could be received for

the malting barley in the local market area.

(j) Unit—All insurable acreage of approved

malting varieties in the county on the date

coverage begins for the crop year.

Option A (for Non-Contracted Production or

a Combination of Contracted and NonContracted Production)

This option provides coverage for malting

barley production losses at a price per bushel

greater than that available under the Small

Grains Crop Provisions.

1. To be eligible for coverage under this

option you must provide us acceptable

records of the sale of malting barley and the

number of acres planted to malting varieties

for at least the four crop years prior to the

crop year immediately preceding the current

crop year. For example, to determine your

production guarantee for the 1995 crop year,

records must be provided for the 1990

through the 1993 crop years, if malting barley

was planted in each of those crop years. You

must provide these records to us no later

than the production reporting date.

2. Your malting barley production

guarantee per acre will be the lesser of:

(a) The production guarantee for feed

barley for acreage planted to approved

malting varieties calculated in accordance

with the Small Grains Crop Provisions and

APH regulations; or

(b) A production guarantee calculated in

accordance with APH procedures using the

malting barley sales and acreage records

provided by you.

3. The additional value price per bushel

elected cannot exceed the maximum price

designated in the Special Provisions.

4. The amount of production to count

against your malting barley production

guarantee will include all:
63460 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules

(a) Appraised production determined in

accordance with subsections 11(c)(1) (i) and

(ii) of the Small Grains Crop Provisions;

(b) Harvested production and potential

unharvested production that meets, or would

if properly handled, meet:

(1) Tolerances established by the Food and

Drug Administration or other public health

organization of the United States for

substances or conditions, including

mycotoxins, that are identified as being

injurious to human or animal health; and

(2) The following quality standards, as

applicable:

Six-rowed malting barley Two-rowed malting barley

Protein (dry basis) ............................................. 14.0% maximum ............................................... 14.0% maximum.

Plump kernels ................................................... 65.0% minimum ................................................ 75.0% minimum.

Thin kernels ....................................................... 10.0% maximum ............................................... 10.0% maximum.

Germination ....................................................... 95.0% minimum ................................................ 95.0% minimum.

Blight damaged ................................................. 4.0% maximum ................................................. 4.0% maximum.

Injured by mold ................................................. 5.0% maximum ................................................. 5.0% maximum.

Mold damaged .................................................. 0.4% maximum ................................................. 0.4% maximum.

Sprout damaged ................................................ 1.0% maximum ................................................. 1.0% maximum.

Injured by frost .................................................. 5.0% maximum ................................................. 5.0% maximum.

Frost damaged .................................................. 0.4% maximum ................................................. 0.4% maximum.

(c) Harvested production that does not

meet the quality standards contained in

subsection 4(b) of this option, but is accepted

by a buyer for malting purposes.

(d) No reduction in value will be allowed

for moisture content; damage due to

uninsured causes; costs or reduced value

associated with drying, handling, processing,

or quality factors other than those contained

in subsection (b) of this section; or any other

costs associated with normal handling and

marketing of malting barley. All grade and

quality determinations must be based on the

results of objective tests. No indemnity will

be paid for any loss established by subjective

tests. We may obtain one or more samples of

the insured crop and have tests performed at

an official grain inspection location

established under the Grain Standards Act to

verify the result of any test. In the event of

a conflict in the test results, our results will

be used to determine the amount of

production to count. If failure to meet the

quality standards is due to insurable causes,

the quantity of such production may be

reduced for quality deficiencies by:

(1) Adding the maximum barley price

election under the Small Grains Crop

Provisions and the maximum additional

value price;

(2) Dividing this sum into the value per

bushel of the damaged production; and

(3) Multiplying the resulting factor (not to

exceed 1.0) by the number of bushels of

damaged production.

5. No claim under this option may be

settled until the earlier of:

(a) The date final disposition of production

from all acreage planted to approved malting

barley varieties is completed; or

(b) May 31 of the calendar year

immediately following the calendar year in

which the insured malting barley is normally

harvested. Production to count for malting

barley that has not been sold by this May 31

date will include all production that meets

the quality specifications contained in

subsection 4(b) of this option.

The limitations specified in subsections

5(a) and (b) will not apply when all

production from the insured malting barley

unit grades U.S. No. 4 or lower in accordance

with the grades and grade requirements for

the subclasses Six-rowed barley, Two-rowed

barley, and the class Barley in accordance

with the Official United States Standards for

Grain.

6. In the event of loss or damage covered

by this policy, we will settle your claim by:

(a) Multiplying the insured acreage by the

malting barley production guarantee per acre;

(b) Multiplying the result by your elected

additional value price per bushel;

(c) Multiplying the number of bushels of

production to count by your elected

additional value price per bushel; and

(d) Subtracting the result of step (c) from

the result of step (b).

7. For example, assume you insure two

units of barley under the Small Grains Crop

Provisions in which you have a 100% share

and that are planted to approved malting

varieties. Assume that each unit contains 40

acres. Further assume that your production

guarantee under the Small Grains Crop

Provisions is 30 bushels per acre or a total

of 2,400 bushels. Your malting barley unit

production guarantee is limited to 2,100

bushels by subsection 2(b). A loss causes the

total production to count for all units under

the Small Grains Crop Provisions to drop to

1,000 bushels, none of which meet the

quality standards covered by this option. The

indemnity for the malting barley unit would

be based on a combined production and

quality loss of 2,100 bushels. The indemnity

would be paid at the additional value price

per bushel. If the price were $0.40 per

bushel, the indemnity for the malting barley

unit would be $840.00 (2,100 × $0.40). The

basic loss is paid under the Small Grains

Crop Provisions for feed barley.

Option B—(for Contracted Production)

This option provides coverage for malting

barley production losses at a price per bushel

greater than that available under the Small

Grains Crop Provisions.

1. To be eligible for coverage under this

option you must provide us a copy of your

malting barley contract by the acreage

reporting date. Only production or acreage

under contract is covered by this option (B).

The contract must be in place and effective

before the acreage reporting date.

2. Your malting barley production

guarantee per acre will be the lesser of:

(a) The production guarantee for feed

barley for acreage planted to approved

malting varieties calculated in accordance

with the Small Grains Crop Provisions and

APH regulations; or

(b) The number of bushels obtained by:

(1) Dividing the number of bushels of

contracted production by the number of acres

planted to approved malting varieties in the

current crop year; and

(2) Multiplying the result by the percentage

for the coverage level you elected for barley

covered under the Small Grains Crop

Provisions.

3. The additional value price per bushel

will not exceed 200% of the maximum

additional value price shown on the Special

Provisions and will be further limited to:

(a) The difference between the maximum

price election available for feed barley under

the Small Grains Crop Provisions and the

established sale price contained in the

malting barley contract for production that

meets the quality standards required by such

contract (without regard to discounts or

incentives) if the sale price is a fixed dollar

amount established on or before the acreage

reporting date; or

(b) The premium amount per bushel

contained in the malting barley contract for

production that meets the quality

specifications required by such contract

(without regard to discounts or incentives) if

the sale price is based on a future market

price for feed barley plus a premium amount

for malting barley production.

4. The amount of production to count

against your malting barley production

guarantee will include all:

(a) Appraised production determined in

accordance with subsection 11(c)(1) (i) and

(ii) of the Small Grains Crop Provisions;

(b) Either harvested production and

potential unharvested production that meets,

or would if properly handled meet, the

minimum acceptance standards contained in

the malting barley contract for protein,

plump kernels, thin kernels, germination,

blight damage, mold injury or damage, sprout

damage, frost injury or damage, and

mycotoxins or other substances or conditions

identified by the Food and Drug

Administration or other public health

organization of the United States as being

injurious to human or animal health, or the

following quality standards as applicable:
Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Proposed Rules 63461

Six-rowed malting barley Two-rowed malting barley

Protein (dry basis) ............................................. 14.0% maximum ............................................... 14.0% maximum.

Plump kernels ................................................... 65.0% minimum ................................................ 75.0% minimum.

Thin kernels ....................................................... 10.0% maximum ............................................... 10.0% maximum.

Germination ....................................................... 95.0% minimum ................................................ 95.0% minimum.

Blight damaged ................................................. 4.0% maximum ................................................. 4.0% maximum.

Injured by mold ................................................. 5.0% maximum ................................................. 5.0% maximum.

Mold damaged .................................................. 0.4% maximum ................................................. 0.4% maximum.

Sprout damaged ................................................ 1.0% maximum ................................................. 1.0% maximum.

Injured by frost .................................................. 5.0% maximum ................................................. 5.0% maximum.

Frost damaged .................................................. 0.4% maximum ................................................. 0.4% maximum.

(c) Harvested production that does not

meet the minimum acceptance standards for

the factors listed in subsection 4(b) of this

option, but that is accepted by a buyer for

malting purposes.

(d) No reduction in value will be allowed

for moisture content; damage due to

uninsured causes; costs or reduced value

associated with drying, handling, processing,

or quality factors other than those contained

in subsection (b) of this section; or any other

costs associated with normal handling and

marketing of malting barley. All grade and

quality determinations must be based on the

results of objective tests. No indemnity will

be paid for any loss established by subjective

tests. We may obtain one or more samples of

the insured crop and have tests performed at

an official grain inspection location

established under the Grain Standards Act to

verify the result of any test. In the event of

a conflict in the test results, our results will

be used to determine the amount of

production to count. If failure to meet the

quality standards is due to insurable causes,

the quantity of such production may be

reduced for quality deficiencies by:

(1) Adding the maximum barley price

election under the Small Grains Crop

Provisions and the maximum additional

value price;

(2) Dividing this sum into the value per

bushel of the damaged production; and

(3) Multiplying the resulting factor (not to

exceed 1.0) by the number of bushels of

damaged production.

5. No claim under this option may be

settled until the earlier of :

(a) The date final disposition of production

from all acreage planted to approved malting

barley varieties is completed; or

(b) May 31 of the calendar year

immediately following the calendar year in

which the insured malting barley is normally

harvested. Production to count for malting

barley that has not been sold by this May 31

date will include all production established

in accordance with subsection 4(b) of this

option.

The limitations specified in subsections 5

(a) and (b) will not apply when all

production from the insured malting barley

unit grades U.S. No. 4 or worse in accordance

with the grades and grade requirements for

the subclasses Six-rowed barley, Two-rowed

barley, and the class Barley in accordance

with the Official United States Standards for

Grain.

6. In the event of loss or damage covered

by this policy, we will settle your claim by:

(a) Multiplying the insured acreage by the

malting barley production guarantee per acre;

(b) Multiplying the result by your elected

additional value price per bushel;

(c) Multiplying the number of bushels of

production to count by your elected

additional value price per bushel; and

(d) Subtracting the result of step (c) from

the result of step (b).

7. For example, assume you insure two

units of barley under the Small Grains Crop

Provisions in which you have a 100% share

and that are planted to approved malting

varieties. Assume that unit contains 40 acres.

Further assume that your production

guarantee under the Small Grains Crop

Provisions is 30 bushels per acre or a total

of 2,400 bushels. Your malting barley unit

production guarantee is limited to 2,100

bushels by subsection 2(b). A loss causes the

total production to count under the basic

barley policy to drop to 1,000 bushels, none

of which meet the minimum acceptance

standards covered under this option. The

indemnity for the malting barley unit would

be based on a combined production and

quality loss of 2,100 bushels. The indemnity

would be paid at the additional value price

per bushel. If the price were $0.60 per

bushel, the indemnity for the malting barley

unit would be $1,260.00 (2,100 × $0.60). The

basic loss is paid under the Small Grains

Crop Provisions for feed barley.

Done in Washington, D.C., on December 5,

1995.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 95–30085 Filed 12–6–95; 4:03 pm]

BILLING CODE 3410–FA–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

12 CFR Part 31

[Docket No. 95–29]

RIN 1557–AB40

Extensions of Credit to Insiders and

Transactions With Affiliates

AGENCY: Office of the Comptroller of the

Currency, Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Office of the Comptroller

of the Currency (OCC) proposes to

revise its rules governing extensions of

credit to national bank insiders and to

relocate to part 31 several interpretive

rulings dealing with transactions with

affiliates. This proposal is another

component of the OCC’s Regulation

Review Program to update and

streamline OCC regulations and to

reduce unnecessary regulatory costs and

other burdens. The proposal modernizes

and clarifies the insider lending rules

and reduces unnecessary regulatory

burdens where feasible, consistent with

statutory requirements.

DATES: Comments must be received by

February 9, 1996.

ADDRESSES: Comments should be

directed to: Office of the Comptroller of

the Currency, Communications

Division, 250 E Street, SW, Washington,

DC 20219, Attention: Docket No. 95–29.

Comments will be available for public

inspection and photocopying at the

same location. In addition, comments

may be sent by facsimile transmission to

FAX number (202) 874–5274 or by

electronic mail to

reg.comments@occ.treas.gov.

FOR FURTHER INFORMATION CONTACT:

Aline Henderson, Senior Attorney, Bank

Activities and Structure (202) 874–5300;

Emily McNaughton, National Bank

Examiner, Credit & Management Policy

(202) 874–5170; or Mark Tenhundfeld,

Senior Attorney, Legislative and

Regulatory Activities (202) 874–5090.

SUPPLEMENTARY INFORMATION:

Background

Summary of Regulation Review Program

The OCC proposes to revise 12 CFR

part 31 as another component of its

Regulation Review Program (Program).

The goal of the Program is to review all

of the OCC’s rules and to eliminate

provisions that do not contribute

significantly to maintaining the safety

and soundness of national banks or to

accomplishing the OCC’s other statutory

responsibilities. Another goal of the

Program is to clarify regulations so that

they more effectively convey the

standards the OCC seeks to apply.