[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35834-35835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16993]



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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation

7 CFR Part 1446

RIN 0560-AD90


Peanuts

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule adds to the peanut price support regulations in 7 
CFR part 1446 a reference to crop insurance requirements contained in 7 
CFR part 400 which effect the eligibility of peanut producers for price 
support. Under the provisions of part 400, producers generally must 
obtain crop insurance for all crops in which they have an interest in 
the county where the peanuts are produced. The crop insurance 
requirements of part 400, which implement provisions of the recently-
enacted Federal Crop Insurance Reform Act of 1994 (1994 Act), are in 
addition to all existing eligibility requirements for price support for 
peanuts contained in part 1446 and elsewhere.

DATES: This interim rule is effective July 12, 1995. Written comments 
and data on this rule will be accepted until close of business August 
11, 1995, and will be considered when the rule is to be made final.

ADDRESSES: All interested persons are invited to submit written 
comments and data concerning this interim rule to the Director, Tobacco 
and Peanuts Division, CFSA, U.S. Department of Agriculture, PO Box 
2415, Washington, DC. 20013-2415, or deliver by hand or messenger to 
room 5750, South Building, USDA, 14th Street and Independence Avenue, 
SW, Washington, D.C. All written submissions received in response to 
this request will be made available for public inspection in room 5750, 
South Building, USDA, between the hours of 8:15 a.m. and 4:45 p.m., on 
regular Federal workdays.

FOR FURTHER INFORMATION CONTACT: Gary S. Fountain, Consolidated Farm 
Service Agency, USDA, PO Box 2415, Washington, DC. 20013-2415; 
telephone (202) 720-9106.

[[Page 35835]]


SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not-significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by OMB.

Federal Assistance Program

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

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act (5 
U.S.C. 601-611) is not applicable to this interim rule since the 
Commodity Credit Corporation (CCC) and the Consolidated Farm Service 
Agency (CFSA) are not required by 5 U.S.C. 553 or any other provision 
of law to publish a notice of proposed rulemaking with respect to the 
subject matter of this rule.

Executive Order 12372

    This program/activity 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.

Paperwork Reduction Act

    This interim rule does not change the CFSA information collection 
requirements that have been approved by OMB and assigned OMB control 
numbers 0560-0006, 0560-0014, and 0560-0033. The catastrophic risk 
protection insurance coverage requirements have been included in the 
following information collection packages and submitted to OMB for 
clearance: 0563-0001, 0563-0003 and 0563-0029.

Executive Order 12612

    It has been determined under section 6(a) of Executive Order 12612, 
Federalism, that this interim rule does not have significant 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.

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 
1446, the administrative appeal provisions set forth at 7 CFR part 780 
must be exhausted.

Environmental Evaluation

    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.

Discussion

    The 1994 Act, enacted on October 13, 1994, requires that persons 
who seek price support benefits for peanuts, and certain other farm 
program benefits, must acquire at least the catastrophic level of 
protection for all insurable crops of ``economic significance,'' in 
which they have an interest, that are grown in the same county as the 
crop for which price support, or other benefit, is sought. If insurance 
is available, the person must obtain insurance on all crops of 
``economic significance'' in the county that he or she has an interest, 
not just the supported crop. A crop of ``economic significance'' is a 
crop that has contributed, or is expected to contribute, 10 percent or 
more of the total expected value of all crops grown by the person.
    The provisions of the 1994 Act are administered by the Federal Crop 
Insurance Corporation (FCIC). FCIC has issued, by an interim rule 
published on January 6, 1995 (60 FR 1996), regulations which implement 
the 1994 Act and which will be codified in 7 CFR part 400.
    Price support for peanuts is made available under the Agricultural 
Act of 1949, 7 USC 1421 et seq. The peanut price support regulations 
are found at 7 CFR part 1446. As the provisions of part 400 and of the 
1994 Act are mandatory and binding, there would be no purpose in 
delaying the amendment to part 1446 adopted in this rule, as that 
amendment is merely a conforming amendment.

List of Subjects in 7 CFR Part 1446

    Loan programs--Agriculture, Peanuts, Price support programs, 
Reporting and recordkeeping requirements, Warehouses.

    For the reasons set forth in the preamble, 7 CFR part 1446 is 
amended to read as follows:

PART 1446--PEANUTS

    1. The authority citation for 7 CFR part 1446 continues to read as 
follows:

    Authority: 7 U.S.C. 1359a, 1375, 1421 et seq.; 15 U.S.C. 714b 
and 714c.

    2. The definition of ``Eligible producer'' at Sec. 1446.103 is 
amended by adding paragraph (3)(iv) to read as follows:


Sec. 1446.103  Definitions.

    (3) * * *
    (iv) Part 400 of this title relating to crop insurance 
requirements.
* * * * *
    Signed at Washington, DC, on July 5, 1995.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-16993 Filed 7-11-95; 8:45 am]
BILLING CODE 3410-05-P