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

34367

Vol. 61, No. 128

Tuesday, July 2, 1996

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 400

General Administration Regulations;

Reinsurance Agreement—Standards

for Approval

AGENCY: Federal Crop Insurance

Corporation.

ACTION: Final rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) amends its General

Administrative Regulations by revising

§ 400.168. This amendment is intended

to bring § 400.168 into conformance

with the Federal Agriculture

Improvement and Reform Act of 1996

(1996 Act) by clarifying the obligations

of the reinsured companies with respect

to the sale and service of the

catastrophic risk protection (CAT) plan

of insurance in those States, or portions

of a State, where the Secretary of

Agriculture has determined that there

are, or are not, sufficient insurance

agents and other personnel available to

service CAT policyholders.

EFFECTIVE DATE: June 27, 1996.

FOR FURTHER INFORMATION CONTACT:

Diana Moslak, Account Executive, Risk

Management Agency, Insurance

Services Division, Reinsurance Services

Liaison Branch, United States

Department of Agriculture (USDA),

Washington, D.C. 20250, telephone

(202) 720–2832.

SUPPLEMENTARY INFORMATION: Pursuant

to section 161(d) of the 1996 Act, this

rule is issued without regard to (1) the

notice and comment provisions of

section 553 of Title 5, United States

Code,

(1) the notice and comment

provisions of section 553 of Title 5,

United States Code,

(2) the Statement of Policy of the

Secretary of Agriculture (36 FR 13804)

relating to notice of proposed

rulemaking and public participation in

rulemaking, and

(3) the Paperwork Reduction Act of

1995, (44 U.S.C., chapter 35) notice and

comment requirements.

Executive Order 12866 and

Departmental Regulation 1512–1

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

March 31, 1999.

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).

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and private

sector. Under section 202 of the UMRA,

FCIC generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with Federal mandates that may result

in expenditures of State, local, or tribal

governments, in the aggregate, or to the

private sector, of $100 million or more

in any one year. When such a statement

is needed for a rule, section 205 of the

UMRA generally requires FCIC to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, more costeffective or least burdensome alternative

that achieves the objectives of the rule.

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. Thus, the rule is not

subject to the requirements of section

202 and 205 of the UMRA. Executive

Order No. 12612.

It has been determined under section

6(a) of Executive Order No. 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.

Regulatory Flexibility Act

This regulation will not have a

significant impact on a substantial

number of small entities. This action

does not increase the burden on the

reinsured company because this action

merely clarifies the obligations of

participating insurance companies in

providing for the delivery of

catastrophic risk protection policies

through approved private insurance

providers consistent with the legislative

requirement of the 1996 Act to foster a

single delivery system. Although this

action will require approved insurance

providers to accept all eligible

applicants for all plans of insurance in

all counties within a State (or a portion

of State) where it is determined that

there is a sufficient number of active

agents reasonably accessible to

producers, the benefits in terms of

greater underwriting capacity for the

private sector will outweigh any

increased underwriting risks associated

with a single delivery system. 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.

Federal Assistance Program

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

Executive Order No. 12372

This program is not subject to the

provision of Executive Order No. 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 No. 12778

The Office of the General Counsel has

determined that these regulations meet

the applicable standards provided in

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

Order No. 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
34368 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

contained in these regulations and the

appeal provisions promulgated by the

Board of Contract Appeals, 7 CFR part

24, subtitle A, must be exhausted before

any action for judicial review may be

brought.

Environmental Evaluation

This action is not expected to have a

significant impact on the quality of the

human environment, health, and safety.

Therefore, neither an Environmental

Assessment nor an Environmental

Impact Statement is needed.

National Performance Review

This regulatory action is being taken

as part of the National Performance

Review Initiative to eliminate

unnecessary or duplicative regulations

and improve those that remain in force.

Background

Prior to enactment of the 1996 Act,

CAT coverage was offered through

approved insurance providers and

through local offices of the Farm Service

Agency, USDA on a nationwide basis.

The 1996 Act amended the Federal Crop

Insurance Act to require the USDA to

phase in a single delivery of CAT

coverage unless the Secretary of

Agriculture determines that the number

of private insurers in a State (or a

portion of a State) is insufficient to

provide the coverage. In response to the

legislative elimination of the delivery of

CAT through county Farm Service

Agency offices, except in those areas

where there are insufficient approved

private insurance providers to provide

CAT coverage to producers, FCIC must

amend this regulation to update and

clarify the obligations of participating

insurance companies.

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 General Administrative

Regulations, 7 CFR part 400, subpart L,

effective for the 1997 and succeeding

reinsurance years, as follows:

PART 400—GENERAL

ADMINISTRATIVE REGULATIONS

Subpart L—Reinsurance Agreement—

Standards for Approval; Regulations

for the 1997 and Subsequent

Reinsurance Years

1. The authority citation for 7 CFR

part 400, subpart L is revised to read as

follows:

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

2. Paragraphs (b) and (c) of § 400.168

are revised to read as follows:

§ 400.168 Obligations of participating

insurance company.

* * * * *

(b) The Company shall make available

to all eligible producers in the areas

designated in its plan of operations as

approved by the Corporation:

(1) The crop insurance plans for the

crops designated in its plan of operation

in those counties within a State, or a

portion of a State, where the Secretary

of Agriculture has determined that

insurance is available through local

offices of the United States Department

of Agriculture; and

(2) Catastrophic risk protection,

limited, and additional coverage plans

of insurance for all crops, for which

such insurance is made available by the

Corporation, in all counties within a

state, or a portion of State, where the

Secretary of Agriculture has determined

that insurance is no longer available

through local offices of the United

States Department of Agriculture.

(c) The Company shall provide the

Corporation, on forms approved by the

Corporation all information that the

Corporation may deem relevant in the

administration of the Agreement,

including a list of all applicants

determined to be ineligible for crop

insurance coverage in accordance with

subpart U of part 400 and all insured

producers cancelled or terminated from

insurance, along with the reason for

such action, the crop program, and the

amount of coverage for each.

* * * * *

Signed in Washington, D.C., on June 26,

1996.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 96–16794 Filed 6–27–96; 12:36 pm]

BILLING CODE 3410–FA–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–268–AD; Amendment

39–9685; AD 96–14–03]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–301, –311, and –315

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain de Havilland

Model DHC–8–301,—311, and—315

series airplanes, that currently requires

modification of the airspeed limitations

placard and revision of the Airplane

Flight Manual to specify operating at

lower airspeeds when the airplane is

operating at full flaps. That action also

provides for the optional termination of

the requirements of the AD for certain

airplanes. That action was prompted by

a report that incorrect rivets were

installed on the outboard flaps

assemblies of these airplanes. The

actions specified by that AD are

intended to prevent structural failure of

the outboard flaps of the wings due to

the installation of incorrect rivets in the

flap assemblies, which could result in

reduced controllability of the airplane.

This new amendment requires the

installation of the previously optional

terminating modification on certain

airplanes.

DATES: Effective August 6, 1996.

The incorporation by reference of de

Havilland Service Bulletin S.B. 8–57–

24, Revision ‘A’, dated September 26,

1995; and DHC–8 Model 301 Flight

Manual, PSM 1–83–1A, Flight Manual

Revision 57, dated September 26, 1995;

as listed in the regulations, was

approved previously by the Director of

the Federal Register as of February 27,

1996 (61 FR 5277, February 12, 1996).

ADDRESSES: Service information

referenced in this amendment may be

obtained from Bombardier, Inc.,

Bombardier Regional Aircraft Division,

Garratt Boulevard, Downsview, Ontario

M3K 1Y5, Canada. Copies may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, New York Aircraft

Certification Office, Engine and

Propeller Directorate, 10 Fifth Street,

Third Floor, Valley Stream, New York;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Franco Pieri, Aerospace Engineer,

Airframe Branch, ANE–171, FAA, New

York Aircraft Certification Office,

Engine and Propeller Directorate, 10

Fifth Street, Third Floor, Valley Stream,

New York 11581; telephone (516) 256–

7526; fax (516) 568–2716.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 95–26–17,

amendment 39–9475 (61 FR 5277,

February 12, 1996), which is applicable

to certain de Havilland Model DHC–8–