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

9629

Vol. 60, No. 34

Tuesday, February 21, 1995

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563–AA79

Common Crop Insurance Regulations;

Sugarcane Crop Insurance Provisions

AGENCY: Federal Crop Insurance

Corporation.

ACTION: Proposed rule.

SUMMARY: The Federal Crop Insurance

Corporation (‘‘FCIC’’) hereby proposes

specific crop provisions for the

insurance of sugarcane to be contained

in an endorsement to the Common Crop

Insurance Policy which contains

standard terms and conditions common

to most crops. The intended effect of

this action is to provide policy changes

to better meet the needs of the insured

and to move the current sugarcane

endorsement from 7 CFR 401.133 to the

Common Crop Insurance Policy (7 CFR

Part 457) for ease of use by the public

and conformance among policy terms.

DATES: Written comments, data, and

opinions on this proposed rule must be

submitted no later than March 23, 1995

to be sure of consideration.

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, DC

20250. Hand or messenger delivery

should be made to 2101 L Street NW.,

suite 500, Washington, DC. Written

comments will be available for public

inspection and copying in the Office of

the Manager, 2101 L Street, NW., 5th

Floor, Washington, DC, during regular

business hours, Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Diana Moslak, Federal Crop Insurance

Corporation, U.S. Department of

Agriculture, Washington, DC 20250.

Telephone (202) 254–8314.

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

February 1, 2000.

This rule has been determined to be

‘‘not significant’’ for the purposes of

Executive Order 12866, and therefore,

has not been reviewed by the Office of

Management and Budget (‘‘OMB’’).

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.), the information collection or

record keeping requirements included

in this proposed rule have been

approved by OMB and assigned OMB

No. 0563–0016.

It has been determined under section

6(a) of Executive Order 12612,

Federalism, that this proposed rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment. The

policies and procedures 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

various levels of government.

Under the Regulatory Flexibility Act

(5 U.S.C. 605), this regulation will not

have a significant impact on a

substantial number of small entities.

This action reduces the paperwork

burden on the insured farmer and the

reinsured company. Therefore, this

action is determined to be exempt from

the provisions of the Regulatory

Flexibility Act 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

located at 7 CFR part 400, subpart J or

promulgated by the National Appeals

Division 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 add to the Common

Crop Insurance Regulations (7 CFR Part

457), a new section to be known as 7

CFR 457.116, Sugarcane Crop Insurance

Provisions. The provisions will be

effective for the 1996 and succeeding

crop years.

The proposed Sugarcane Crop

Insurance Provisions will replace the

provisions found at 7 CFR 401.133.

Upon publication of 7 CFR 457.116 as

a final rule, the provisions for insuring

sugarcane contained herein will

supersede the current provisions

contained in 7 CFR 401.133. By separate

rule, FCIC will revise § 401.133 to limit

its effect to the crop years prior to 1996.

This rule makes minor editorial and

format changes to improve its

compatibility with the Common Crop

Insurance Policy. In addition, FCIC is

proposing other changes in the

provisions for insuring sugarcane as

follows:

1. Subsection 3.(b)—Clarify the one

year lag period for reporting production,

e.g., 1994 crop year production must be

reported to establish the production

guarantee for the 1996 crop year.

2. Paragraph 11.(c)(2)—Specify that

final sugar extraction records will be

used rather than preliminary mill

estimates when completing the final

claim. This will eliminate potentially

incorrect payments created by using

preliminary mill estimates.

List of Subjects in 7 CFR Part 457

Crop insurance, sugarcane.

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
9630 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Proposed Rules

succeeding crop years, to read as

follows:

PART 457—[AMENDED]

1. The authority citation for 7 CFR

Part 457 is revised to read as follows:

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

2. 7 CFR part 457 is amended by

adding § 457.116 to read as follows:

§ 457.116 Sugarcane Crop Insurance

Provisions

The Sugarcane Crop Insurance

Provisions for the 1996 and succeeding

crop years are as follows:

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

Sugarcane Crop Provisions

If a conflict exists among the Basic

Provisions (§ 457.8), these crop provisions,

and the Special Provisions, the Special

Provisions will control these crop provisions

and the Basic Provisions; and these crop

provisions will control the Basic Provisions.

1. Definitions

(a) Crop year—The period from the day of

planting for plant cane, or the day following

harvest for stubble cane, until the end of the

insurance period. The crop year is designated

by the calendar year in which harvest

normally begins in the county.

(b) CFSA—Consolidated Farm Service

Agency (previously the Agricultural

Stabilization and Conservation Service).

(c) Good farming practices—The cultural

practices generally in use in the county for

the crop to make normal progress toward

maturity and produce at least the yield used

to determine the production guarantee and

are those recognized by the Cooperative

Extension Service as compatible with

agronomic and weather conditions in the

area.

(d) Harvest—Cutting and removing the

mature sugarcane from the field.

(e) Interplanted—Acreage on which two or

more crops are planted in a manner that does

not permit separate agronomic maintenance

or harvest of the insured crop.

(f) Irrigated practice—A method of

producing a crop by which water is

artificially applied during the growing season

by appropriate systems and at the proper

times, with the intention of providing the

quantity of water needed to produce at least

the yield used to establish the irrigated

production guarantee on the irrigated acreage

planted to the insured crop.

(g) Local market price—The price per

pound for raw sugar offered by buyers in the

area in which you normally market the

sugarcane.

(h) Plant cane—(See definition of

sugarcane).

(i) Production guarantee—The number of

pounds determined by multiplying the

approved yield per acre by the coverage level

percentage you elect.

(j) Stubble cane—(See definition of

sugarcane).

(k) Sugarcane—means either:

(1) Plant cane, which grows from seed

planted for the crop year; or

(2) Stubble cane, which grows from the

stubble of sugarcane that was harvested the

previous crop year.

(l) Written agreement—Designated terms of

this policy may be altered by written

agreement. Each agreement must be applied

for by the insured in writing no later than the

sales closing date and is valid for one year

only. If not specifically renewed the

following year, continuous insurance will be

in accordance with the printed policy. All

variable terms including, but not limited to,

crop variety, guarantee, premium rate and

price election must be contained in the

written agreement. Notwithstanding the sales

closing date restrictions contained herein, in

specific instances a written agreement may

be applied for after the sales closing date, and

approved if, after physical inspection of the

acreage, it is determined that the crop has the

expectancy of making at least the guaranteed

yield. All applications for written agreements

as submitted by the insured must contain all

variable terms of the contract between the

company and the insured that will be in

effect if the written agreement is

disapproved.

2. Unit Division

Unless limited by the Special Provisions, a

unit as defined in subsection 1.(tt) of the

Basic Provisions (§ 457.8), may be divided

into optional units if, for each optional unit

you meet all the conditions of this section or

if a written agreement to such division exists.

Basic units may not be divided into optional

units on any basis including, but not limited

to, production practice, type, variety, and

planting period other than as described

under this section. If you do not comply fully

with these provisions, we will combine all

optional units which are not in compliance

with these provisions into the basic unit from

which they were formed. We may combine

the optional units at any time we discover

that you have failed to comply with these

provisions. If failure to comply with these

provisions is determined to be inadvertent,

and the optional units are combined, that

portion of the premium paid for the purpose

of electing optional units will be refunded to

you pro rata for the units combined. All

optional units must be reflected on the

acreage report for each crop year.

(a) You must have records, which can be

independently verified, of planted acreage

and production for each optional unit for at

least the last crop year used to determine

your production guarantee.

(b) You must plant the crop in a manner

that results in a clear and discernible break

in the planting pattern at the boundaries of

each optional unit.

(c) You must have records of measurement

of stored or marketed production from each

optional unit maintained in such a manner

that permits us to verify the production from

each optional unit or the production from

each unit must be kept separate until after

loss adjustment under the policy is

completed.

(d) Each optional unit must meet one or

more of the following criteria as applicable:

(1) Optional Units by Section, Section

Equivalent, or Consolidated Farm Service

Agency (‘‘CFSA’’) Farm Serial Number:

Optional units may be established if each

optional unit is located in a separate legally

identified Section. In the absence of Sections,

we may consider parcels of land legally

identified by other methods of measure

including, but not limited to: Spanish grants,

railroad surveys, leagues, labors, or Virginia

Military Lands as the equivalent of Sections

for unit purposes. In areas which have not

been surveyed using the systems identified

above, or another system approved by us, or

in areas where such systems exist but

boundaries are not readily discernible, each

optional unit must be located in a separate

farm identified by a single CFSA Farm Serial

Number.

(2) Optional Units on Acreage Including

Both Irrigated and Non-Irrigated Practices: In

addition to or instead of establishing optional

units by Section, section equivalent or CFSA

Farm Serial Number, optional units may be

based on irrigated acreage or non-irrigated

acreage if both are located in the same

Section, section equivalent or CFSA Farm

Serial Number. The irrigated acreage may not

extend beyond the point at which your

irrigation system can deliver the quantity of

water needed to produce the yield on which

your guarantee is based and may not

continue into non-irrigated acreage in the

same rows or planting pattern. You must

plant, cultivate, fertilize, or otherwise care

for the irrigated acreage in accordance with

recognized good irrigated farming practices.

3. Insurance Guarantees, Coverage Levels,

and Prices for Determining Indemnities

(a) In addition to the requirements of

section 3 (Insurance Guarantees, Coverage

Levels, and Prices for Determining

Indemnities) of the Basic Provisions (§ 457.8),

you may select only one price election for all

the sugarcane in the county insured under

this policy.

(b) Instead of reporting your sugarcane

production for the previous crop year as

required by subsection 3.(c) of the Basic

Provisions (§ 457.8), you are required to

report production for the second previous

crop year, e.g., 1994 crop year production

must be reported by the required date for the

1996 crop year.

4. Contract Changes

The contract change date is June 30

preceding the cancellation date (see the

provisions of section 4 (Contract Changes) of

the Basic Provisions (§ 457.8)).

5. Cancellation and Termination Dates

In accordance with subsection 2.(f) of the

Basic Provisions (§ 457.8), the cancellation

and termination dates are September 30.

6. Insured Crop

In accordance with section 8 (Insured

Crop) of the Basic Provisions (§ 457.8), the

crop insured will be all the sugarcane in the

county for which a premium rate is provided

by the actuarial table:

(a) In which you have a share;

(b) That is grown for processing for sugar

or for seed; and

(c) That is not interplanted with another

crop, unless a written agreement allows

otherwise.
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Proposed Rules 9631

7. Insurable Acreage

Paragraph 9.(a)(3) of the Basic Provisions

(§ 457.8) is not applicable to the Sugarcane

Crop Provisions.

8. Insurance Period

(a) In addition to the provisions of section

11 (Insurance Period) of the Basic Provisions

(§ 457.8), insurance attaches:

(1) At the time of planting for plant cane

unless we agree in writing to a later date;

(2) On the first day following harvest of the

previous crop for stubble cane except as set

out in paragraph 8.(a)(3);

(3) On the later of April 15 or 30 days

following harvest of the previous crop for

stubble cane:

(i) Damaged during the previous crop year

in all states; and

(ii) In Louisiana, after the second crop year.

(b) In accordance with the provisions of

section 11 (Insurance Period) of the Basic

Provisions (§ 457.8) 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. Causes of Loss

In accordance with the provisions of

section 12 (Causes of Loss) of the Basic

Provisions (§ 457.8), insurance is provided

only against the following causes of loss

which occur within the insurance period:

(a) Adverse weather conditions;

(b) Fire;

(c) Insects, but not damage due to

insufficient or improper application of pest

control measures;

(d) Plant disease, but not damage due to

insufficient or improper application of

disease control measures;

(e) Wildlife;

(f) Earthquake;

(g) Volcanic eruption; or

(h) If applicable, failure of the irrigation

water supply due to an unavoidable cause of

loss occurring within the insurance period.

10. Duties in the Event of Damage or Loss or

Cutting the Sugarcane for Seed

(a) In addition to your duties under section

14 (Duties in the Event of Damage or Loss)

of the Basic Provisions (§ 457.8), in the event

of damage or loss:

(1) All sugarcane stubble must remain

intact for our inspection; and

(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. After we receive such

notice we will appraise the sugarcane for its

sugar potential. If you do not give us notice,

the production to count will be the per acre

production guarantee for such acreage.

(b) In accordance with the requirements of

section 14 (Duties in the Event of Damage or

Loss) of the Basic Provisions (§ 457.8), if you

initially discover damage to any insured crop

within 15 days of, or during harvest, you

must leave representative samples of the

unharvested crop for our inspection. The

representative samples of the unharvested

crop must be at least 10 feet wide and extend

the entire length of each field in the unit. The

stubble must not be destroyed and the

required samples must not be harvested until

the earlier of our inspection or 15 days after

harvest of the balance of the unit is

completed.

11. Settlement of Claim

(a) We will determine your loss on a unit

basis. In the event you are unable to provide

records of production:

(1) For any optional unit, we will combine

all optional units for which acceptable

records of production were not provided; or

(2) For any basic unit, we will allocate any

commingled production to such units in

proportion to our liability on the harvested

acreage for each unit.

(b) In the event of loss or damage covered

by this policy, we will settle your claim on

any unit by:

(1) Multiplying the insured acreage by the

production guarantee;

(2) Subtracting from this the total

production to count;

(3) Multiplying the remainder by your

price election; and

(4) Multiplying this result by your share.

(c) The total production (pounds of sugar)

to count from all insurable acreage on the

unit will include:

(1) All appraised production as follows:

(i) Not less than the production guarantee

for acreage:

(A) That is abandoned;

(B) Put to another use without our consent;

(C) Damaged solely by uninsured causes;

(D) For which you fail to provide records

of production that are acceptable to us; or

(E) On which the sugarcane stubble is

destroyed within 15 days after harvest

without our consent;

(ii) Production lost due to uninsured

causes;

(iii) Unharvested production;

(iv) The difference between the production

guarantee and the appraised production for

acreage which has an inadequate stand. An

appraisal for an inadequate stand will be

made if the product of the number of stalks

per acre multiplied by 2 and further

multiplied by the percentage of sugar

contained in the Special Provisions for this

purpose does not equal the per-acre

production guarantee; and

(v) Potential production on insured acreage

you want to put to another use or you wish

to abandon and no longer care for, if you and

we agree on the appraised amount of

production. Upon such agreement, the

insurance period for that acreage will end if

you put the acreage to another use or

abandon the crop. If agreement on the

appraised amount of production is not

reached:

(A) If you do not elect to continue to care

for the crop, we may give you consent to put

the acreage to another use if you agree to

leave intact, and provide sufficient care for,

representative samples of the crop in

locations acceptable to us. (The amount of

production to count for such acreage will be

based on the harvested production or

appraisals from the samples at the time

harvest should have occurred. If you do not

leave the required samples intact, or you fail

to provide sufficient care for the samples, our

appraisal made prior to giving you consent to

put the acreage to another use will be used

to determine the amount of production to

count.); or

(B) If you elect to continue to care for the

crop, the amount of production to count for

the acreage will be the harvested production,

or our reappraisal if additional damage

occurs and the crop is not harvested; and

(2) All harvested production from

insurable acreage. Final records of sugar

production will be used to determine the

amount of production to count. Preliminary

mill estimates will not be used.

(d) Harvested sugarcane may be adjusted

for quality if it is damaged by freeze within

the insurance period and cannot be

processed for sugar by the boiling house

operation. The amount of production to

count for such sugarcane will be determined

by dividing the dollar value of the damaged

production by the local market price per

pound for raw sugar. The prices used for this

adjustment will be determined on the earlier

of the date such quality-adjusted production

is sold or the date of final inspection for the

unit.

Done in Washington, D.C., on February 10,

1995.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 95–4092 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–08–P

Animal and Plant Health Inspection

Service

9 CFR Parts 50, 77, and 92

[Docket No. 93–014–3]

Cattle From Mexico

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

SUMMARY: We are withdrawing a

proposed rule that would have required

certain steers and spayed heifers

imported into the United States from

Mexico to be sent to a quarantined

pasture or feedlot for finish feeding, or

to a holding facility for quarantine and

a 60-day post-entry tuberculin test. The

proposed rule would also have denied

claims for indemnity for Mexican-origin

steers or spayed heifers that were

positive to the 60-day post-entry

tuberculin test, and would have denied

claims for indemnity for cattle that were

exposed to such animals. We are taking

this action after considering the

comments we received following the

publication of the proposed rule.

DATES: The proposed rule is withdrawn

February 21, 1995.

FOR FURTHER INFORMATION CONTACT:

Dr. Joseph S. VanTiem, Senior Staff

Veterinarian, Animal and Plant Health

Inspection Service, Veterinary Services,