Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Proposed Rules 27321

prevented planting coverage, and if the

acreage is left idle for the crop year, or if a

cover crop is planted not for harvest.

Prevented planting compensation hereunder

will not be denied because the cover crop is

hayed or grazed; or

(B) Seventeen and five tenths percent

(17.5%) and multiply the result by the 50

acres you were prevented from planting, if

the acreage is eligible for prevented planting

coverage, and if you elect to plant a

substitute crop for harvest after the 10th day

following the final planting date for the

insured crop. (This subparagraph (B) is not

applicable, and prevented planting coverage

is not available hereunder, if you elected the

Catastrophic Risk Protection Endorsement or

you elected to exclude prevented planting

coverage when a substitute crop is planted

(see section 13(d)(1)(iii)).)

Your premium will be based on the result

of multiplying the per acre production

guarantee for timely planted acreage by the

150 acres in the unit.

(3) Proof may be required that you had the

inputs available to plant and produce the

intended crop with the expectation of at least

producing the production guarantee.

(4) In addition to the provisions of section

11 (Insurance Period) of the Basic Provisions

(§ 457.8), the insurance period for prevented

planting coverage begins:

(i) On the sales closing date contained in

the Special Provisions for the insured crop in

the county for the crop year the application

for insurance is accepted; or

(ii) For any subsequent crop year, on the

sales closing date for the insured crop in the

county for the previous crop year, provided

continuous coverage has been in effect since

that date. For example: If you make

application and purchase insurance for sugar

beets for the 1998 crop year, prevented

planting coverage will begin on the 1998

sales closing date for sugar beets in the

county. If the sugar beet coverage remains in

effect for the 1999 crop year (is not

terminated or canceled during or after the

1998 crop year, except the policy may have

been canceled to transfer the policy to a

different insurance provider, if there is no

lapse in coverage), prevented planting

coverage for the 1999 crop year began on the

1998 sales closing date.

(5) The acreage to which prevented

planting coverage applies will not exceed the

total eligible acreage on all FSA Farm Serial

Numbers in which you have a share, adjusted

for any reconstitution that may have occurred

on or before the sales closing date. Eligible

acreage for each FSA Farm Serial Number is

determined as follows:

(i) If you participate in any program

administered by the United States

Department of Agriculture that limits the

number of acres that may be planted for the

crop year, the acreage eligible for prevented

planting coverage will not exceed the total

acreage permitted to be planted to the

insured crop.

(ii) If you do not participate in any program

administered by the United States

Department of Agriculture that limits the

number of acres that may be planted, and

unless we agree in writing on or before the

sales closing date, eligible acreage will not

exceed the greater of:

(A) The FSA base acreage for the insured

crop, including acres that could be flexed

from another crop, if applicable;

(B) The number of acres planted to sugar

beets on the FSA Farm Serial Number during

the previous crop year; or

(C) One-hundred percent (100%) of the

simple average of the number of acres

planted to sugar beets during the crop years

that you certified to determine your yield.

(iii) Acreage intended to be planted under

an irrigated practice will be limited to the

number of acres for which you had adequate

irrigation facilities prior to the insured cause

of loss which prevented you from planting.

(iv) A prevented planting production

guarantee will not be provided for any

acreage:

(A) That does not constitute at least 20

acres or 20 percent (20%) of the acreage in

the unit, whichever is less (Acreage that is

less than 20 acres or 20 percent (20%) of the

acreage in the unit will be presumed to have

been intended to be planted to the insured

crop planted in the unit, unless you can

show that you had the inputs available before

the final planting date to plant and produce

another insured crop on the acreage);

(B) For which the actuarial table does not

designate a premium rate unless a written

agreement designates such premium rate;

(C) Used for conservation purposes or

intended to be left unplanted under any

program administered by the United States

Department of Agriculture;

(D) On which another crop is prevented

from being planted, if you have already

received a prevented planting indemnity,

guarantee or amount of insurance for the

same acreage in the same crop year, unless

you provide adequate records of acreage and

production showing that the acreage has a

history of double-cropping in each of the last

4 years;

(E) On which the insured crop is prevented

from being planted, if any other crop is

planted and fails, or is planted and

harvested, hayed or grazed on the same

acreage in the same crop year, (other than a

cover crop as specified in paragraph

(d)(2)(iii)(A) of this section, or a substitute

crop allowed in paragraph (d)(2)(iii)(B) of

this section), unless you provide adequate

records of acreage and production showing

that the acreage has a history of doublecropping in each of the last 4 years;

(F) When coverage is provided under the

Catastrophic Risk Protection Endorsement if

you plant another crop for harvest on any

acreage you were prevented from planting in

the same crop year, even if you have a history

of double-cropping. If you have a

Catastrophic Risk Protection Endorsement

and receive a prevented planting indemnity,

guarantee, or amount of insurance for a crop

and are prevented from planting another crop

on the same acreage, you may only receive

the prevented planting indemnity, guarantee,

or amount of insurance for the crop on which

the prevented planting indemnity, guarantee,

or amount of insurance is received; or

(G) For which planting history or

conservation plans indicate that the acreage

would have remained fallow for crop rotation

purposes.

(v) For the purpose of determining eligible

acreage for prevented planting coverage,

acreage for all units will be combined and be

reduced by the number of sugar beet acres

timely planted and late planted. For example,

assume you have 100 acres eligible for

prevented planting coverage in which you

have a 100 percent (100%) share. The acreage

is located in a single FSA Farm Serial

Number which you insure as two separate

optional units consisting of 50 acres each. If

you planted 60 acres of sugar beets on one

optional unit and 40 acres of sugar beets on

the second optional unit, your prevented

planting eligible acreage would be reduced to

zero (i.e., 100 acres eligible for prevented

planting coverage minus 100 acres planted

equals zero).

(6) In accordance with the provisions of

section 6 (Report of Acreage) of the Basic

Provisions (§ 457.8), you must report by unit

any insurable acreage that you were

prevented from planting. This report must be

submitted on or before the acreage reporting

date. For the purpose of determining acreage

eligible for a prevented planting production

guarantee, the total amount of prevented

planting and planted acres cannot exceed the

maximum number of acres eligible for

prevented planting coverage. Any acreage

you report in excess of the number of acres

eligible for prevented planting coverage, or

that exceeds the number of eligible acres

physically located in a unit, will be deleted

from your acreage report.

14. Written Agreements

Designated terms of this policy may be

altered by written agreement. The following

conditions will apply:

(a) You must apply in writing for each

written agreement no later than the sales

closing date, except as provided in section

14(e).

(b) The application for written agreement

must contain all terms of the contract

between you and us that will be in effect if

the written agreement is not approved.

(c) If approved, the written agreement will

include all variable terms of the contract,

including, but not limited to, crop type or

variety, the guarantee, premium rate, and

price election.

(d) Each written agreement will only be

valid for 1 year. If the written agreement is

not specifically renewed the following year,

insurance coverage for subsequent crop years

will be in accordance with the printed

policy.

(e) An application for written agreement

submitted after the sales closing date may be

approved if, after a physical inspection of the

acreage, it is determined that no loss has

occurred and the crop is insurable in

accordance with the policy and written

agreement provisions.

Signed in Washington, D.C., on May 23,

1996.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 96–13589 Filed 5–30–96; 8:45 am]

BILLING CODE 3410–FA–P
27322 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–55–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300–600 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a

notice of proposed rulemaking (NPRM)

that proposed a new airworthiness

directive (AD), applicable to certain

Airbus Model A300–600 series

airplanes. That action would have

required replacement of certain feel and

limitation computers (FLC) with

modified FLC’s. Since the issuance of

the NPRM, the Federal Aviation

Administration (FAA) has issued other

rulemaking that requires actions

equivalent to and beyond those

proposed. Accordingly, the proposed

rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Tom

Groves, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1503; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

add a new airworthiness directive (AD),

applicable to certain Airbus Model

A300–600 series airplanes, was

published in the Federal Register as a

Notice of Proposed Rulemaking (NPRM)

on May 18, 1994 (59 FR 25844). The

proposed rule would have required the

replacement of certain feel and

limitation computers (FLC) with

modified FLC’s, in accordance with

instructions contained in Airbus Service

Bulletin A300–27–6025, dated

September 15, 1993. That action was

prompted by reports that the elevator

control on several in-service airplanes

operated with stiffness. The proposed

actions were intended to prevent stiff

operation of the elevator control and

undetected loss of the rudder travel

limitation function, which may

adversely affect the controllability of the

airplane.

Actions That Occurred Since the NPRM

Was Issued

Since the issuance of that NPRM, the

FAA has issued AD 96–09–02,

amendment 39–9576 (61 FR 18665,

April 29, 1996). That AD requires the

installation of modified FLC’s on Airbus

Model A300–600 series airplanes, as

well as other Airbus models. Like the

NPRM, that AD was prompted by

reports indicating that the elevator

control operated with stiffness. The

actions required by that AD are

intended to prevent stiff operation of the

elevator control and undetected loss of

rudder travel limitation function, which

could adversely affect the controllability

of the airplane.

FAA’s Conclusions

The requirements of AD 96–09–02

address the same unsafe condition that

would have been addressed by the

NPRM issued as Docket 94–NM–55–AD.

That AD also incorporates and

implements the same actions that were

proposed by the NPRM, as well as

additional actions found necessary to

address the unsafe condition

comprehensively. In light of this, the

issuance of a final action for this NPRM

is unnecessary. Accordingly, the

proposed rule is hereby withdrawn.

Withdrawal of this NPRM constitutes

only such action, and does not preclude

the agency from issuing another notice

in the future, nor does it commit the

agency to any course of action in the

future.

Regulatory Impact

Since this action only withdraws a

notice of proposed rulemaking, it is

neither a proposed nor a final rule and

therefore, is not covered under

Executive Order 12866, the Regulatory

Flexibility Act, or DOT Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979).

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Withdrawal

Accordingly, the notice of proposed

rulemaking, Docket 94–NM–55–AD,

published in the Federal Register on

May 18, 1994 (59 FR 25844), is

withdrawn.

Issued in Renton, Washington, on May 23,

1996.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–13611 Filed 5–30–96; 8:45 am]

BILLING CODE 4910–13–U

LIBRARY OF CONGRESS

Copyright Office

37 CFR Ch. II

[Docket No. 96–2]

Eligibility for the Cable Compulsory

License

AGENCY: Copyright Office, Library of

Congress.

ACTION: Extension of comment period.

SUMMARY: The Copyright Office of the

Library of Congress is extending the

period for filing reply comments in its

rulemaking proceeding considering the

eligibility of open video systems for the

cable compulsory license.

DATES: Initial comments are due on or

before July 5, 1996. Reply comments are

due on or before September 13, 1996.

ADDRESSES: If delivered BY MAIL,

fifteen copies of written comments

should be addressed to the Office of the

Copyright General Counsel, Copyright

GC/I&R, P.O. Box 70400, Southwest

Station, Washington, DC 20024. If

delivered BY HAND, fifteen copies of

written comments should be brought to:

Office of the Copyright General Counsel,

James Madison Memorial Building,

Room LM–407, First and Independence

Avenue, SE., Washington, DC 20540.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Acting General

Counsel, or William Roberts, Senior

Attorney for Compulsory Licenses.

Telephone (202) 707–8380. Telefax

(202) 707–8366.

SUPPLEMENTARY INFORMATION: On May 6,

1996, the Copyright Office of the Library

of Congress published a notice of

inquiry to consider the eligibility of

open video systems (‘‘OVS’’) for the

cable compulsory license, 17 U.S.C. 111.

See 61 FR 20197 (May 6, 1996). Initial

comments are due July 5, 1996, and

reply comments are due August 5, 1996.

It has recently come to the attention of

the Office that the Federal

Communications Commission will be

completing a rulemaking proceeding

regarding OVS in early August. Because

the Commission’s adoption of rules may

have a bearing on the copyright inquiry,

the Office is extending the period for

filing reply comments in this

proceeding to September 13, 1996, to

allow interested parties to submit

comments in light of the Commission’s

final OVS rules.

Dated: May 24, 1996.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 96–13664 Filed 5–30–96; 8:45 am]

BILLING CODE 1410–31–P