[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61198-61199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29169]



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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation

7 CFR Part 1446

RIN 0560-AD90


Peanuts

AGENCY: Commodity Credit Corporation, USDA.


[[Page 61199]]

ACTION: Final rule.

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SUMMARY: This final rule adopts without change the provisions of the 
interim rule published in the Federal Register (60 FR 35834) on July 
12, 1995, which added to the peanut price support regulations in 7 CFR 
part 1446, a reference to crop insurance requirements contained in 7 
CFR part 400 which affect the eligibility of peanut producers for price 
support benefits. 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 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.

EFFECTIVE DATE: November 29, 1995.

FOR FURTHER INFORMATION CONTACT: Gary S. Fountain, Tobacco and Peanuts 
Division, Consolidated Farm Service Agency, U.S. Department of 
Agriculture, PO Box 2415, Washington, DC 20013-2415; telephone (202) 
720-9106.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866 and therefore has not been reviewed 
by the Office of Management and Budget (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 final rule 
applies is: Commodity Loans and Purchases--10.051.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this final rule since neither the Commodity Credit 
Corporation nor the Consolidated Farm Service Agency (CFSA) is 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 final rule does not change the CFSA information collection 
requirements that were previously approved by OMB and assigned control 
numbers 0560-0006 and 0560-0014. The catastrophic risk protection 
insurance coverage requirements are included in the information 
collection package that has been approved by OMB and assigned control 
number 0563-0003.

Executive Order 12612

    It has been determined under section 6(a) of Executive Order 12612, 
Federalism, that this final rule does not have significant Federalism 
implications which warrant the preparation of a Federalism Assessment. 
The requirements 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 final rule has been reviewed in accordance with Executive 
Order 12778. The provisions of this rule are not retroactive and 
preempt State laws to the extent that such laws are inconsistent with 
the provisions of this rule. Before any judicial action may be brought 
regarding determinations made under provisions of 7 CFR part 1446, the 
administrative remedies in 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 or safety. Therefore, neither 
an Environmental Assessment nor an Environmental Impact Statement is 
needed.

Background

    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, if insurance is available, 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 any other benefit is 
sought. A crop of ``economic significance'' is defined in the 1994 Act 
to be 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. The FCIC rule is codified in 7 CFR part 400. Related 
rules are codified in 7 CFR part 402.
    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.

List of Subjects in 7 CFR Part 1446

    Loan programs--Agriculture, Peanuts, Price support programs, 
Reporting and recordkeeping requirements, Warehouses.
    Following publication of the interim rule, the public was afforded 
30 days to submit written comments and data. No comments or data were 
received.
    Accordingly, under the authority of 7 U.S.C. 1359a, 1375, 1421 et 
seq.; 15 U.S.C. 714b and 714c, the interim rule that added to the 
peanut price support regulations in 7 CFR part 1446, as published in 
the Federal Register on July 12, 1995, at 60 FR 35834, is hereby 
adopted without change as a final rule.

    Signed at Washington, DC, on November 22, 1995.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-29169 Filed 11-28-95; 8:45 am]
BILLING CODE 3410-05-P