[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Rules and Regulations]
[Pages 56933-56935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27875]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 218 / Monday, November 13, 1995 / 
Rules and Regulations  

[[Page 56933]]


DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 401 and 406


General Crop Insurance Regulations; Various Endorsements; Nursery 
Crop Insurance Regulations

AGENCY: Federal Crop Insurance Corporation.

ACTION: Final rule.

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

SUMMARY: The Federal Crop Insurance Corporation (``FCIC'') hereby 
amends the crop insurance provisions of the wheat endorsement, the 
winter coverage option for wheat, the barley endorsement, the winter 
coverage option for barley, the oat endorsement, the rye endorsement, 
the corn endorsement, the corn silage option, the grain sorghum 
endorsement, the flaxseed endorsement, the soybean endorsement, the 
cotton endorsement, the ELS cotton endorsement, the sunflower seed crop 
endorsement, the fig endorsement, and the malting barley option of 7 
CFR part 401, General Crop Insurance Regulations, to restrict their 
application effective for the 1995 and succeeding crop years. The crop 
insurance provisions of the sugarcane endorsement of 7 CFR part 401, 
General Crop Insurance Regulations are also amended to restrict their 
application effective for the 1996 and succeeding crop years. The FCIC 
further amends the crop insurance provisions of the nursery crop 
insurance regulations of 7 CFR part 406 to restrict their application 
effective for the 1996 and succeeding crop years. These sections and 7 
CFR part 406 have been replaced by policy provisions added to the 
Common Crop Insurance Regulations located at 7 CFR part 457.

EFFECTIVE DATE: November 13, 1995.

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 
does not constitute a review as to the need, currency, clarity, and 
effectiveness of these regulations under those procedures.
    This rule has been determined to be exempt for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget (``OMB''). Since this rule relates 
solely to internal agency management, and will have no effect on the 
public, this rule is exempt from regulatory review under Executive 
Order 12866, and good cause is shown for publishing this rule as a 
final rule without the customary opportunity for notice and comment.
    In accordance with the Paperwork Reduction Act of 1985 (44 U.S.C. 
chapter 35), no information collection or record-keeping requirements 
are found in this rule.
    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. This action does not increase the paperwork 
burden on the insured producer or the reinsured company. 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 
promulgated by the National Appeals Division under Pub. L. 103-354 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.
    This regulatory action is being taken as part of the National 
Performance Review program to eliminate unnecessary regulations and 
improve those that remain in force.
    The intended effect of this rule is to provide a standard set of 
policy provisions and a master policy for insuring most of the crops 
insured under the provisions of the Federal Crop Insurance Act, as 
amended, to substantially reduce: (1) The time involved for future 
amendment or revision of policy provisions; (2) the necessity of the 
repeated policy review process; and (3) the volume of paperwork 
processed by the FCIC, the Consolidated Farm Service Agency (``CFSA''), 
and the reinsured insurance companies.
    The sections restricted by this rule include: the wheat 
endorsement, the winter coverage option for wheat, the barley 
endorsement, the winter coverage option for barley, the oat 
endorsement, the rye endorsement, the corn endorsement, the corn silage 
option, the grain sorghum endorsement, the flaxseed endorsement, the 
soybean endorsement, the cotton endorsement, the ELS cotton 
endorsement, the sunflower seed endorsement, the malting barley option, 
the fig endorsement, the nursery crop insurance regulations, and the 
sugarcane endorsement. These crop insurance policies have been replaced 
by the small grains crop insurance provisions, the winter wheat 
coverage option, the malting barley option, the 

[[Page 56934]]
cotton crop insurance provisions, the ELS cotton crop insurance 
provisions, the coarse grains crop insurance provisions, the sunflower 
seed crop insurance provisions, the fig crop insurance provisions, the 
nursery crop insurance provisions and the nursery frost, freeze, and 
cold damage exclusion option, and the sugarcane crop insurance 
provisions located at 7 CFR 457.101, 457.102, 457.103, 457.104, 
457.105, 457.108, 457.110, 457.113, 457.114, 457.115, and 457.116. Such 
policy provisions, as endorsements to the General Crop Insurance 
Regulations, are no longer effective for the 1995 and succeeding crop 
years (1996 and succeeding crop years for the nursery crop insurance 
provisions and the sugarcane endorsement). FCIC will later publish a 
regulation to remove and reserve these sections and part.

List of Subjects

7 CFR Part 401

    Crop insurance, barley, corn, corn silage, cotton, ELS cotton, fig, 
flaxseed, grain sorghum, oat, rye, soybean, sugarcane, sunflower seed, 
and wheat.

7 CFR Part 406

    Crop insurance, nursery.

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 the General Crop Insurance Regulations (7 CFR 
parts 401 and 406) as follows:

PART 401--[AMENDED]

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

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

    2. The introductory text of Sec. 401.101 is revised to read as 
follows:


Sec. 401.101  Wheat endorsement.

    The provisions of the Wheat Crop Insurance Endorsement for the 1988 
through the 1994 crop years are as follows:
* * * * *
    3. Section 401.102 is amended by revising the introductory text and 
the undesignated paragraph immediately following the listing of 
counties under SOUTH DAKOTA to read as follows:


Sec. 401.102  The winter coverage option for wheat.

    The Winter Coverage Option for wheat is available in the following 
counties and states beginning in the 1988 through 1994 crop years:
* * * * *
    The provisions of the Winter Coverage Option for Wheat for the 1988 
through 1994 crop years are as follows:
* * * * *
    4. The introductory text of Sec. 401.103 is revised to read as 
follows:


Sec. 401.103  Barley endorsement.

    The provisions of the Barley Crop Insurance Endorsement for the 
1988 through the 1994 crop years are as follows:
* * * * *
    5. Section 401.104 is amended by revising the second undesignated 
paragraph to read as follows:


Sec. 401.104  Winter coverage option for barley.

* * * * *
    The provisions of the Winter Coverage Option for Barley for the 
1988 through 1994 crop years are as follows:
* * * * *
    6. The introductory text of Sec. 401.105 is revised to read as 
follows:


Sec. 401.105  Oat endorsement.

    The provisions of the Oat Crop Insurance Endorsement for the 1988 
through 1994 crop years are as follows:
* * * * *
    7. The introductory text of Sec. 401.106 is revised to read as 
follows:


Sec. 401.106  Rye endorsement.

    The provisions of the Rye Crop Insurance Endorsement for the 1988 
through 1994 crop years are as follows:
* * * * *
    8. The introductory text of Sec. 401.111 is revised to read as 
follows:


Sec. 401.111  Corn endorsement.

    The provisions of the Corn Crop Insurance Endorsement for the 1988 
through 1994 crop years are as follows:
* * * * *
    9. Section 401.112 is amended by revising the introductory text and 
the undesignated paragraph immediately following the Corn Silage Option 
chart to read as follows:


Sec. 401.112  Corn silage option.

    The provisions of the Corn Silage Crop Insurance Option to the Corn 
Crop Insurance Endorsement for the 1988 through 1994 crop years are as 
follows:
* * * * *
    Upon our approval, this amendment is applicable for the 1988 
through 1994 crop years.
* * * * *
    10. The introductory text of Sec. 401.113 is revised to read as 
follows:


Sec. 401.113  Grain sorghum endorsement.

    The provisions of the Grain Sorghum Crop Insurance Endorsement for 
the 1988 through 1994 crop years are as follows:
* * * * *
    11. The introductory text of Sec. 401.116 is revised to read as 
follows:


Sec. 401.116  Flaxseed endorsement.

    The provisions of the Flaxseed Crop Insurance Endorsement for the 
1988 through 1994 crop years are as follows:
* * * * *
    12. The introductory text of Sec. 401.117 is revised to read as 
follows:


Sec. 401.117  Soybean endorsement.

    The provisions of the Soybean Crop Insurance Endorsement for the 
1988 through 1994 crop years are as follows:
* * * * *
    13. The introductory text of Sec. 401.119 is revised to read as 
follows:


Sec. 401.119  Cotton endorsement.

    The provisions of the Cotton Crop Insurance Endorsement for the 
1990 through 1994 crop years are as follows:
* * * * *
    14. The introductory text of Sec. 401.121 is revised to read as 
follows:


Sec. 401.121  ELS cotton endorsement.

    The provisions of the ELS Cotton Crop Insurance Endorsement for the 
1990 through 1994 crop years are as follows:
* * * * *
    15. The introductory text of Sec. 401.124 is revised to read as 
follows:


Sec. 401.124  Sunflower seed crop endorsement.

    The provisions of the Sunflower Seed Crop Insurance Endorsement for 
the 1988 through 1994 crop years are as follows:
* * * * *
    16. The introductory text of Sec. 401.125 is revised to read as 
follows:


Sec. 401.125  Fig endorsement.

    The provisions of the Fig Crop Insurance Endorsement for the 1988 
through 1994 crop years are as follows:
* * * * *
    17. The introductory text of Sec. 401.133 is revised to read as 
follows:


Sec. 401.133  Sugarcane endorsement.

    The provisions of the Sugarcane Crop Insurance Endorsement for the 
1991 through 1995 crop years are as follows:
* * * * *
    18. The introductory text of Sec. 401.135 is revised to read as 
follows: 

[[Page 56935]]



Sec. 401.135  Malting barley option.

    The provisions of the Malting Barley Option for the 1989 through 
1994 crop years are as follows:
* * * * *

PART 406--[AMENDED]

    19. The authority citation for 7 CFR part 406 is revised to read as 
follows:

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

    20. Section 406.7 is amended by revising the introductory text of 
paragraph (d) of the Nursery Crop Insurance Regulations to read as 
follows:


Sec. 406.7  The application and policy.

* * * * *
    (d) The application for the 1989 through 1995 crop years is found 
at subpart D of part 400, General Administrative Regulations (7 CFR 
400.37, 400.38). The provisions of the Nursery Crop Insurance Policy 
for the 1989 through 1995 crop years are as follows:
* * * * *
    Done in Washington, DC, on November 2, 1995.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 95-27875 Filed 11-9-95; 8:45 am]
BILLING CODE 3410-FA-P