[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Rules and Regulations]
[Pages 21036-21037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10601]



-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation

7 CFR Part 1464

RIN 0560-AD91


Tobacco; Tobacco Loan Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Crop Insurance Reform Act of 1994 (the 1994 Act), 
was enacted on October 13, 1994, and amended the Federal Crop Insurance 
Act. The 1994 Act requires the Federal Crop Insurance Corporation 
(FCIC) to implement a catastrophic risk protection plan of insurance 
which is the basic level of coverage required to be purchased by a 
producer in order to be eligible for price support and other U.S. 
Department of Agriculture farm program benefits. The FCIC issued 
regulations in the form of an interim rule published in the Federal 
Register on Friday, January 6, 1995. The purpose of the immediate rule 
is to amend tobacco loan program regulations to reflect this new 
requirement. This rule amends 7 CFR part 1464. This rule requires that 
producers purchase crop insurance in order to be eligible for tobacco 
program benefits. The insurance must be acquired in accordance with 
FCIC rules in an amount that equals or exceeds the minimum amount set 
by FCIC.

DATES: Effective Date: May 1, 1995.
    Comment Date: Comments must be received on or before May 31, 1995 
in order to be assured of consideration.

ADDRESSES: Interested persons are invited to submit written comments to 
the Director, Tobacco and Peanuts Division, Consolidated Farm Service 
Agency (CFSA), United States Department of Agriculture (USDA), P.O. Box 
2415, Washington, DC 20013-2415, telephone 202-720-7413. All written 
comments will be available for public inspection in room 5750, South 
Building, USDA, 14th St. and Independence Avenue, SW., Washington, DC, 
between 8 a.m. and 5 p.m., Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:
Gary Wheeler, CFSA, at the address listed under ADDRESSES, telephone 
202-720-7562.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    This interim rule has been determined to be not significant for 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by Office of Management and Budget (OMB).

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule since the Commodity Credit Corporation (CCC) is 
not required by 5 USC 553 or any other provision of law to publish a 
notice of proposed rulemaking with respect to the subject matter of 
this rule.

Federal Assistance Program

    The title and number of the Federal Assistance Program, as found in 
the Catalog of Federal Domestic Assistance, to which this rule applies 
are: Commodity Loans and Purchases--10.051.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will have no significant impact on quality of the human 
environment. Therefore, neither an environmental assessment nor an 
environmental impact statement is needed.

Executive Order 12372

    This program/activity is not subject to the provisions of Executive 
Order 12372 [[Page 21037]] which requires intergovernmental 
consultation with State and local officials. See the notice related to 
7 CFR part 3015, subpart V published at 48 FR 2915 (June 24, 1983).

Executive Order 12778

    This interim rule has been reviewed in accordance with Executive 
Order 12778. The provisions of this interim rule are not retroactive 
and preempt State laws to the extent that such laws are inconsistent 
with the provisions of this interim rule. Before any legal action is 
brought regarding determinations made under provisions of 7 CFR part 
1464, the administrative appeal provisions set forth at 7 CFR part 780 
must be exhausted.

Paperwork Reduction Act

    This interim rule does not change the CFSA information collection 
requirements that have been approved by OMB and assigned control number 
0560-0058. The FCIC information collection requirements for 0563-0003 
have been modified and approved by OMB to reflect the program 
requirements imposed by the Federal Crop Insurance Reform Act of 1994.

A. The Federal Crop Insurance Act of 1994

    The 1994 Act was enacted on October 13, 1994, and amended the 
Federal Crop Insurance Act. The 1994 Act requires FCIC to implement a 
catastrophic risk protection plan of insurance which is the basic level 
of coverage required to be purchased by a producer to be eligible for 
price support and other U.S. Department of Agriculture farm program 
benefits. FCIC issued an interim rule published in the Federal Register 
on Friday, January 6, 1995 (Vol. 60, No. 4, pages 1996 through 2005) 
implementing this and other 1994 Act provisions.

B. Tobacco Loan Program

    This rule amends 7 CFR part 1464 for the tobacco program to reflect 
the 1994 Act's insurance provisions. Under the rule, as under the act, 
beginning with the 1995 crops, tobacco producers will be ineligible for 
price support unless they purchase catastrophic risk protection crop 
insurance in accordance with FCIC rules in an amount which equals or 
exceeds the minimal amount set by FCIC. This requirement is statutory. 
For that reason, because this rule mirrors the previously published 
FCIC rules, and because of the onset of the growing season, it has been 
determined that there would be no purpose in delaying the effectiveness 
of this rule and that such delay would be contrary to the public 
interest. Therefore, it has been determined that this rule should be 
published as an interim rule without prior comment.

List of Subjects in 7 CFR Part 1464

    Assessments, Loan program, Agriculture, Price support program, 
Tobacco, Warehouses.

    For the reasons set out in the preamble, 7 CFR part 1464 is amended 
as follows:

PART 1464--TOBACCO

    1. The authority citation for part 1464 continues to read as 
follows:

    Authority: 7 U.S.C. 1421, 1423, 1441, 1445, 1445-1, and 1445-2; 
15 U.S.C. 714b, 714c.

    2. Section 1464.7 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 1464.7  Eligible producer.

* * * * *
    (f) Must be in compliance with the provisions of parts 400 and 402 
of this title by purchasing an amount of catastrophic insurance 
coverage which equals or exceeds the minimal required under those 
parts.

    Signed at Washington, DC on April 21, 1995.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-10601 Filed 4-28-95; 8:45 am]
BILLING CODE 3410-05-M