[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Rules and Regulations]
[Page 16765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8047]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules 
and Regulations  

[[Page 16765]]

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563-AB22


Common Crop Insurance Regulations; Regulations for the 1995 and 
Subsequent Contract Years

AGENCY: Federal Crop Insurance Corporation.

ACTION: Final rule.

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SUMMARY: This rule incorporates into crop insurance policy language the 
common law principle that Federal Government programs and contracts are 
subject to appropriations. This rule makes final the interim rule 
published in the Federal Register on September 6, 1994.

EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT:
Diana Moslak, Federal Crop Insurance Corporation, Regulatory and 
Procedural Development Staff, Suite 500, 2101 L Street NW., Washington, 
DC 20036. Telephone (202) 254-8314.

SUPPLEMENTARY INFORMATION: This action has been reviewed under United 
States Department of Agricultural (``USDA'') procedures established by 
Executive Order 12866 and Departmental Regulation 1512-1. This action 
does not constitute a review as to the need, currency, clarity, and 
effectiveness of these regulations under those procedures. The sunset 
review date established for these regulations remains January 1, 1996.
    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.), no information or record-keeping requirements are found 
in this rule.
    It has been determined under section 6(a) of Executive Order 12612, 
Federalism, that this rule does not have sufficient federalism 
implication 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 subdivisions, or on the 
distribution of power and responsibilities among the 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. The rule would not increase the amount of work 
required by reinsured companies and their agents, and provides a 
mechanism for the uninterrupted coverage to the policyholders. 
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.
    On Tuesday, September 6, 1994, FCIC published an interim rule in 
the Federal Register at 59 FR 45971, to revise the Common Crop 
Insurance Regulations by adding Sec. 457.9--Appropriation Contingency. 
Following publication of that rule, the public was afforded 60 days to 
submit written comments, data, and opinions. One comment was received 
from a private law firm. FCIC's response is as follows:
    Comment: The comment recommended extending the appropriation 
contingency clause from the ``1995 crop year only'' to ``future 
years''.
    Response: Since the Federal crop insurance program is subject to 
the availability of appropriated funds by Congress on a fiscal year 
basis, FCIC agrees with the comment and has made this change.

List of Subjects in 7 CFR Part 457

    Crop insurance.

    Accordingly, the interim rule, amending 7 CFR part 457, ``Common 
Crop Insurance Regulations'' published on September 6, 1994, at 59 FR 
45971, is adopted as final without change and is applicable for the 
1995 and succeeding crop years.

    Done in Washington, DC, on March 27, 1995.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-8047 Filed 3-31-95; 8:45 am]
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