[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Rules and Regulations]
[Pages 29959-29960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14032]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 109 / Wednesday, June 7, 1995 / Rules 
and Regulations  

[[Page 29959]]

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 401, 443, and 457

RIN 0563-AB28


General Crop Insurance Regulations, Various Endorsements; Hybrid 
Seed Crop Insurance Regulations; and Common Crop Insurance Regulations, 
Sunflower Seed Crop Insurance Provisions

AGENCY: Federal Crop Insurance Corporation.

ACTION: Interim rule.

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

SUMMARY: The Federal Crop Insurance Corporation (``FCIC'') hereby 
amends the General Crop Insurance Regulations, Hybrid Sorghum Seed and 
Rice Endorsements; the Hybrid Seed Crop Insurance Regulations; and the 
Common Crop Insurance Regulations, Sunflower Seed Crop Insurance 
Provisions; applicable for the 1995 crop year only, by revising the 
prevented planting coverage. The intended effect of this regulation is 
to allow an insured to collect both a guaranteed deficiency payment 
under the so-called 50/92 and 0/92 provisions of the wheat, feed 
grains, cotton, and rice programs administered by the United States 
Department of Agriculture (``USDA'') under the authority of the 
Agricultural Act of 1949, as amended, and a prevented planting 
indemnity under the crop insurance program.

DATES: This rule is effective January 1, 1995. Written comments, data, 
and opinions on this rule will be accepted until close of business 
August 7, 1995 and will be considered when the rule is to be made 
final.

ADDRESSES: Written comments, data, and opinion on this interim rule 
should be sent to Diana Moslak, Regulatory and Procedural Development 
Staff, Federal Crop Insurance Corporation, USDA, Washington, D.C. 
20250. Hand or messenger delivery may be made to 2101 L Street, N.W., 
Suite 500, Washington D.C. Written comments will be available for 
public inspection and copying in the Office of the Manager, 2101 L 
Street, N.W., 5th Floor, Washington, D.C., during regular business 
hours, Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Diana Moslak, Regulatory and 
Procedural Development Staff, Federal Crop Insurance Corporation, U.S. 
Department of Agriculture, Washington, D.C. 20250. Telephone (202) 254-
8314.

SUPPLEMENTARY INFORMATION: 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 hybrid sorghum seed is May 1, 2000; rice is 
August 29, 1998; hybrid seed is October 1, 1997; and sunflower seed is 
March 1, 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'').
    The information collection requirements contained in these 
regulations (7 CFR parts 401, 443, and 457) were previously approved by 
OMB pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.), under OMB control numbers 0563-0001, 0563-0003, 0563-0014, 0563-
0023, 0563-0025, 0563-0029, 0563-0032, and 0563-0036. The amendments 
set forth in this rule do not revise the content or alter the frequency 
of reporting for any of the forms cleared under the above-referenced 
dockets. Public reporting burden for the collection of information is 
estimated to range from 15 to 90 minutes per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    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 Federalism Assessment. The 
provisions and procedures 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.
    This regulation will not have a significant impact on a substantial 
number of small entities. The amount of work required of the insurance 
companies delivering these policies and the procedures therein will not 
increase from the amount of work currently required to deliver previous 
policies to which this regulation applies. This rule does not have any 
greater or lesser impact on the insured farmer. 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.
    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 provisions of this rule are retroactive 
to January 1, 1995, so as to make the benefits hereunder available to 
all insureds for the applicable 1995 crop year. The implementation of 
the provision is not adverse to any insured. The administrative appeal 
provisions located at 7 CFR part 400, subpart J, or promulgated by the 
National Appeals Division, whichever is applicable, 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. [[Page 29960]] 

Background

    The Omnibus Budget Reconciliation Act of 1993 (OBRA) made the 50/92 
and the 0/92 provisions available to producers who were prevented from 
planting or had failed acreage for crop years 1994 through 1997. 
Currently, the prevented planting crop insurance provisions prohibit 
prevented planting coverage for any acreage considered to have been 
left unplanted under any other United States Department of Agriculture 
program. By this rule, an insured may collect both a guaranteed 
deficiency payment under the ``0/85'' and ``0/92'' provisions of the 
various commodity programs administered by United States Department of 
Agriculture under the Agricultural Act of 1949, as amended, and a 
prevented planting indemnity under the crop insurance program. Because 
the weather conditions in various parts of the midwest have not been 
conducive to timely planting of various 1995 program crops, an 
emergency situation exists for many producers which requires that this 
rule be made effective retroactive to January 1, 1995, without prior 
notice and comment. Comments are solicited for 60 days after the date 
of publication in the Federal Register and will be considered by FCIC 
before this rule is made final.

List of Subjects

7 CFR Part 401

    Crop insurance, hybrid sorghum seed, rice.

7 CFR Part 443

    Crop insurance, hybrid seed.

7 CFR Part 457

    Crop insurance, sunflower seed.

Interim 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 the General Crop Insurance Regulations (7 CFR 
Part 401) by amending the Hybrid Sorghum Seed (Sec. 401.109) and Rice 
(Sec. 401.120) Endorsements; the Hybrid Seed Crop Insurance Regulations 
(7 CFR Part 443); and the Common Crop Insurance Regulations (7 CFR Part 
457) by amending the Sunflower Seed Crop Insurance Provisions 
(Sec. 457.108); applicable for the 1995 crop year only, to read as 
follows:

PARTS 401, 443, AND 457--[AMENDED]

    1. The authority citation for 7 CFR part 401 is revised to read as 
follows:

    Authority: 7 U.S.C. 1506(1).

    2. Section 401.109 is amended by revising subparagraph 
12.(d)(3)(iii)(C) of the Hybrid Sorghum Seed Endorsement to read as 
follows:


Sec. 401.109  Hybrid sorghum seed endorsement.

* * * * *

12. Late Planting and Prevented Planting

* * * * *
    (d) * * *
    (3) * * *
    (iii) * * *
    (C) Land used for conservation purposes or intended to be left 
unplanted under any program administered by the United States 
Department of Agriculture (Proof that the insured had the inputs 
available to plant and produce a crop with the expectation of at 
least producing the production guarantee may be required.);
* * * * *
    3. Section 401.120 is amended by revising subparagraph 
10.(d)(3)(ii)(C) of the Rice Endorsement to read as follows:


Sec. 401.120  Rice endorsement.

* * * * *

10. Late Planting and Prevented Planting

* * * * *
    (d) * * *
    (3) * * *
    (ii) * * *
    (C) Land used for conservation purposes or intended to be left 
unplanted under any program administered by the United States 
Department of Agriculture (Proof that the insured had the inputs 
available to plant and produce a crop with the expectation of at 
least producing the production guarantee may be required.);
* * * * *
    4. The authority citation for 7 CFR part 443 is revised to read as 
follows:

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

    5. Section 443.7(d) is amended by revising subparagraph 
17.(d)(3)(iii)(C) of the Hybrid Seed Crop Insurance Policy to read as 
follows:


Sec. 443.7  The application and policy.

* * * * *
    (d) * * *

17. Late Planting and Prevented Planting

* * * * *
    (d) * * *
    (3) * * *
    (iii) * * *
    (C) Land used for conservation purposes or intended to be left 
unplanted under any program administered by the United States 
Department of Agriculture (Proof that the insured had the inputs 
available to plant and produce a crop with the expectation of at 
least producing the production guarantee may be required.);
* * * * *
    6. The authority citation for 7 CFR part 457 continues to read as 
follows:

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

    7. Section 457.108 is amended by revising subparagraph 
13.(d)(3)(iv)(C) of the Sunflower Seed Crop Provisions to read as 
follows:


Sec. 457.108  Sunflower Seed Crop Insurance Provisions.

* * * * *

13. Late Planting and Prevented Planting

* * * * *
    (d) * * *
    (3) * * *
    (iv) * * *
    (C) Land used for conservation purposes or intended to be left 
unplanted under any program administered by the United States 
Department of Agriculture (Proof that the insured had the inputs 
available to plant and produce a crop with the expectation of at 
least producing the production guarantee may be required.);
* * * * *
    Done in Washington, D.C., on June 2, 1995.
Suzette M. Dittrich,
Acting Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-14032 Filed 6-6-95; 8:45 am]
BILLING CODE 3410-08-P