[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9849]


[[Page Unknown]]

[Federal Register: April 25, 1994]


                                                    VOL. 59, NO. 79

                                             Monday, April 25, 1994

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 406

 

Nursery Crop Regulations

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Proposed rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to 
amend the Nursery Crop Insurance regulations, effective for the 1995 
and succeeding crop years, by making a change in the policy to clarify 
the method of determining loss.
    The Nursery policy contains the term ``said damaged crop'' which 
has been interpreted, in some forums, to refer to the specific damaged 
portion of the crop instead of the unit as was the intent.

DATES: Written comments must be submitted on or before May 25, 1994 to 
be sure of consideration.

ADDRESSES: All comments concerning this proposed regulation should be 
addressed to Mari L. Dunleavy, Federal Crop Insurance Corporation, 14th 
and Independence NW., Washington, DC 20250, telephone (202) 254-8314.

FOR FURTHER INFORMATION CONTACT:
Mari Dunleavy, Federal Crop Insurance Corporation, U.S. Department of 
Agriculture, 14th and Independence NW., Washington, DC 20250, telephone 
(202) 254-8314.

SUPPLEMENTARY INFORMATION: This action has been reviewed under USDA 
procedures established by Departmental Regulation 1512-1. This action 
does not constitute a review as to the need, currency, clarity, and 
effectiveness of the regulations affected by this rule under those 
procedures. The sunset review date established for these regulations is 
October 1, 1997.
    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 interim rule can be found in 7 CFR part 
400, subpart H.
    It has been determined under Executive Order 12612, Federalism, 
that the policies and procedures contained in this rule will not have 
substantial direct effects on states or their political subdivisions, 
or on the distribution of power and responsibilities among the various 
levels of government.
    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 requires 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.
    Kenneth D. Ackerman, Manager, FCIC, has certified to the OMB that 
these regulations meet the applicable standards provided in subsections 
2(a) and 2(b)(2) of Executive Order 12778.
    This rule has been reviewed in accordance with 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 
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.
    This proposed rule is not subject to the Regulatory Flexibility Act 
(5 U.S.C. 601) because it is not likely to have a significant economic 
impact on a substantial number of small entities. The effect of this 
rule is to clarify procedures already in use by reinsured companies and 
crop insurance agents.

List of Subjects in 7 CFR Part 406

    Crop insurance, Nursery.

    Accordingly, 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 proposes to amend the Nursery Crop Insurance 
Regulations (7 CFR part 406) effective for the 1995 crop year as 
follows:
    1. The authority citation for 7 CFR part 406 continues to read as 
follows:

    Authority: 7 U.S.C. 1506, 1516.

    2. Section 406.7 is amended in the contract by revising subsection 
9.d.(1) to read as follows:


Sec. 406.7  The application and policy.

* * * * *

9. Claim for Indemnity

* * * * *
    d. * * *
    (1) The amount of insurance applicable to the unit less 90% of 
the value of the crop remaining on the unit after the loss; or
* * * * *


Sec. 406.7  [Amended]

    3. Section 406.7 is amended in the contract by revising subsection 
17 by redesignating paragraphs e through m as f through n and by 
inserting a new paragraph e to read as follows:

17. Meaning of Terms

* * * * *
* * * * *
    e. Crop means all plants eligible for insurance on the unit as 
reported on the nursery crop report.
* * * * *
    Done in Washington, DC, on April 12, 1994.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 94-9849 Filed 4-22-94; 8:45 am]
BILLING CODE 3410-08-M