[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40055-40056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19249]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 401

RIN 0563-AA84


General Crop Insurance Regulations; Late Planting Agreement 
Option

AGENCY: Federal Crop Insurance Corporation.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (``FCIC'') hereby 
amends its General Crop Insurance Regulations, 7 CFR part 401, by 
revising the late planting agreement option provision, located at 
Sec. 401.107. The intended effect of this rule is to revise the crops 
to which the Late Planting Agreement Option will apply.

EFFECTIVE DATE: May 1, 1995.

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


[[Page 40056]]

SUPPLEMENTARY INFORMATION: It has been determined that publication of 
this rule for notice and comment is not required because the rule 
relates solely to internal agency management to update FCIC's 
regulations by revising the crops to which this part applies.
    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 these 
regulations is April 1, 1997.
    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.), the information collection or record-keeping 
requirements included in this rule have been approved by OMB and 
assigned OMB No. 0563-0023.
    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 this policy option 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 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.

Background

    On May 17, 1989, FCIC published a final rule in the Federal 
Register at 54 FR 21195 setting out the specific crop insurance 
endorsements to which the Late Planting Agreement Option would apply. 
Upon review of this regulation, FCIC determined that the provisions of 
this section should be updated to remove the wheat, barley, oat, rye 
and flaxseed endorsements because they are now located in the small 
grains crop insurance provisions under part 457 and the sunflower seed 
endorsement because it is now located under part 457 and to add the 
Tobacco (guaranteed plan) endorsement. Therefore, FCIC clarifies the 
availability of the Late Planting Agreement Option by amending 
Sec. 401.107(e) for this purpose.

List of Subjects in 7 CFR Part 401

    Crop insurance.

Final 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 7 CFR part 401, effective for the 1995 and 
succeeding crop years, to read as follows:

PART 401--[AMENDED]

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

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

    2. Section 401.107 is amended by revising paragraph (e) to read as 
follows:


Sec. 401.107  Late planting agreement option.

* * * * *
    (e) Applicability to crops insured. (1) The provisions of this 
section for insuring crops for the 1995 and subsequent crop years will 
be applicable only under the following endorsements:

401.114  Canning and Processing Tomato Endorsement.
401.118  Canning and Processing Bean Endorsement.
401.123  Safflower Seed Endorsement.
401.126  Onion Endorsement.
401.129  Tobacco (guaranteed plan) Endorsement.

    (2) The Late Planting Agreement Option will be available in all 
counties in which the Corporation offers insurance on these crops 
unless limited by the actuarial table, crop endorsement, or crop 
endorsement option.

    Done in Washington, D.C., on July 31, 1995.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-19249 Filed 8-4-95; 8:45 am]
BILLING CODE 3410-08-P