[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Rules and Regulations]
[Pages 37933-37934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18210]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Rules 
and Regulations  


[[Page 37933]]


DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation
7 CFR Part 401
RIN 0563-AA80


General Crop Insurance Regulations; Late and Prevented Planting 
for Various Crop Endorsements

AGENCY: Federal Crop Insurance Corporation.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby adopts 
regulations to insure late and prevented planting for specific crop 
provisions contained in the General Crop Insurance Regulations, 
effective for the 1994 and succeeding crop years. The intended effect 
of this action is to revise the late planting and prevented planting 
provisions of the corn, grain sorghum, and soybean endorsements. 
Additionally, this rule serves to incorporate the late and prevented 
planting coverage into the hybrid sorghum seed, rice, cotton, barley, 
oats, and wheat crop endorsements and to incorporate the prevented 
planting coverage into the ELS cotton endorsement.

EFFECTIVE DATE: November 30, 1993.

FOR FURTHER INFORMATION CONTACT: Diana Moslak, Federal Crop Insurance 
Corporation, Regulatory and Procedural Development Staff, Suite 500, 
2101 L Street NW., Washington, DC 20037. 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 
does not constitute a review as to the need, currency, clarity, and 
effectiveness of the corn, grain sorghum, hybrid sorghum seed, rice, 
cotton, ELS cotton, barley, oats, wheat, and soybean endorsement 
regulations affected by this rule under those procedures. The sunset 
review dates established for these regulations are as follows: corn, 
grain sorghum, hybrid sorghum seed, soybeans, cotton, ELS cotton, and 
rice, March 1, 1999; and barley, oats, and wheat, July 1, 1998.
    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 provisions set forth in this rule do not impose burdensome 
information collection requirements that require clearance by the 
Office of Management and Budget under the Paperwork Reduction Act of 
1980 (44 U.S.C. 3501 et seq.).
    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 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 required to deliver previous policies. In 
fact, this action reduces the paperwork burden on the insured farmer 
and insurance providers. 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 are 
retroactively effective as of November 30, 1993, 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 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.
    On Wednesday, December 22, 1993, FCIC published an interim rule in 
the Federal Register at 58 FR 67630 to amend the General Crop Insurance 
Regulations (7 CFR part 401) by revising the late and prevented 
planting provisions of the corn endorsement (Sec. 401.111), grain 
sorghum endorsement (Sec. 401.113), and the soybean endorsement 
(Sec. 401.117), effective for the 1994 and succeeding crop years, as 
well as incorporating late and prevented planting provisions into the 
hybrid sorghum seed (Sec. 401.109), rice (Sec. 401.120), cotton 
(Sec. 401.119), barley (Sec. 401.103), oats (Sec. 401.105), and wheat 
(Sec. 401.101) endorsements. In addition, the ELS cotton (Sec. 401.121) 
endorsement was revised by incorporating the prevented planting 
provisions into that policy. Since this rule benefited the insured by 
improving coverage for policyholders, good cause was found to make the 
interim rule retroactively effective as of November 30, 1993.
    The changes were effective for the 1994 and succeeding crop years 
in all counties for corn, cotton, ELS cotton, grain sorghum, hybrid 
sorghum seed, rice, and soybeans; and for barley, oats, and wheat only 
in counties with a December 31 contract change. The changes will be 
effective for all barley, oat, and wheat counties for the 1995 and 
succeeding crop years.
    Following publication of the interim rule, the public was afforded 
60 days to submit written comments, data and opinions, but none were 
received. Therefore, the interim rule as published on December 22, 
1993, at 58 FR 67630 is hereby adopted as a final rule. 

[[Page 37934]]


List of Subjects in 7 CFR Part 401

    Crop insurance, barley, corn, cotton, ELS cotton, grain sorghum, 
hybrid sorghum seed, oats, rice, soybeans and wheat.

Final Rule

    Accordingly, pursuant to the authority contained in the Federal 
Crop Insurance Act, as amended (7 U.S.C. 1501 et seq.) and for the 
reasons set forth in the preamble, the Federal Crop Insurance 
Corporation hereby adopts as a final rule, the interim rule as 
published at 58 FR 67630 on December 22, 1993.

    Done in Washington, D.C., on July 18, 1995.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-18210 Filed 7-24-95; 8:45 am]
BILLING CODE 3410-08-P