[Federal Register Volume 59, Number 133 (Wednesday, July 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16992]


[[Page Unknown]]

[Federal Register: July 13, 1994]


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DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation

7 CFR Part 406

 

Nursery Crop Regulations

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby amends 
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 specific damaged 
portion of the crop instead of the unit as was the intent.

EFFECTIVE DATE: This regulation is effective on June 30, 1994.

FOR FURTHER INFORMATION CONTACT:
Mari L. Dunleavy, Federal Crop Insurance Corporation, 14th Street and 
Independence Avenue SW., Washington, DC 20250, telephone (202) 254-
8314.

SUPPLEMENTARY INFORMATION: This action has been reviewed under USDA 
procedures established by Executive Order 12866 and Department 
Regulation 1512-1. This action does not constitute a review as to the 
need, currency, clarity, and effectiveness of this regulation 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 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget (OMB).
    This action will not have a significant economic effect on a 
substantial number of small entities. This action does not increase the 
paperwork burden on the reinsured company because the reinsured company 
must already provide the additional information required by this 
regulation to the state in which it is licensed. 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 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.
    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.
    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 are 
not retroactive and 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 400.169 must be exhausted before 
judicial action may be brought.
    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 Federal Assessment. 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.
    On April 25, 1994, the FCIC published a proposed rule at 59 FR 
19661 proposing to amend the nursery policy to clarify the method of 
determining loss. Comments were requested for 30 days after the 
publication of said rule, in which time no comments were received. 
Therefore, the FCIC hereby adopts the proposed rule published at 59 FR 
19661 as final without changes.
    The date by which all changes in this policy must be final is June 
30. All present insureds under the policy and all applicants have been 
specifically advised of the changes herein. Additionally, changes have 
been placed in the agents' office prior to the contract change date. 
Good cause is thereby found to make this rule final in less than 30 
days.

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 amends 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, 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 June 30, 1994.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 94-16992 Filed 7-12-94; 8:45 am]
BILLING CODE 3410-08-M