[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Rules and Regulations]
[Pages 68542-68543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33065]


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DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation

7 CFR Part 433


Dry Bean Crop Insurance Regulations

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Interim rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby amends 
the Dry Bean Crop Insurance Regulations (7 CFR part 433), effective for 
the 1997 crop year only, to extend the contract change date to February 
15, 1997.
    The intended effect of this rule is to extend the contract change 
date, which is the date by which all contract changes must be on file 
in the service office, in order to provide sufficient time for FCIC to 
publish a final rule amending the policy for insuring dry beans.

DATES: This interim rule is effective December 30, 1996. Written 
comments, data, and opinions on this interim rule must be submitted not 
later than February 28, 1997 to be sure of consideration.

ADDRESSES: Interested persons are invited to submit written comments to 
the Chief, Product Development Branch, Federal Crop Insurance 
Corporation, United States Department of Agriculture, 9435 Holmes Road, 
Kansas City, MO 64131. Written comments will be available for public 
inspection and copying in room 0324, South Building, United States 
Department of Agriculture, 14th and Independence Avenue, S.W., 
Washington, DC, 8:15 a.m. to 4:45 p.m., est, Monday through Friday, 
except holidays.

FOR FURTHER INFORMATION CONTACT: Arden Routh, Program Analyst, Research 
and Development Division, Product Development Branch, Federal Crop 
Insurance Corporation, United States Department of Agriculture, 9435 
Holmes Road, Kansas City, MO 64131, telephone (816) 926-7730.

SUPPLEMENTARY INFORMATION: This action has been reviewed under the USDA 
procedures established by Departmental Regulation 1521-1. This action 
constitutes a review as to the need, currency, clarity, and 
effectiveness of the Dry Bean Crop Insurance Regulations affected by 
this rule under those procedures.

Executive Order No. 12866

    The Office of Management and Budget (OMB) has determined this rule 
to be exempt for the purposes of Executive Order No. 12866, and, 
therefore, this rule has not been reviewed by OMB.

Paperwork Reduction Act of 1995

    The title of this information collection is ``Catastrophic Risk 
Protection Plan and Related Requirements including, Common Crop 
Insurance Regulations; Dry Bean Crop Insurance Regulations.'' The 
information to be collected includes a crop insurance application and 
an acreage report. Information collected from the application and 
acreage report is electronically submitted to FCIC by the reinsured 
companies. Potential respondents to this information collection are 
producers of fresh market tomatoes that are eligible for Federal crop 
insurance.
    The information requested is necessary for the reinsured companies 
and FCIC to provide insurance and reinsurance, determine eligibility, 
determine the correct parties to the agreement or contract, determine 
and collect premiums or other monetary amounts, and pay benefits.
    All information is reported annually. The reporting burden of this 
collection of information is estimated to average 16.9 minutes per 
response for each of the 3.6 responses from approximately 1,755,015 
respondents. The total annual burden on the public for this information 
collection is 2,669,932 hours.
    FCIC is requesting comments for the following: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or other forms or information 
gathering technology.
    Comments regarding paperwork reduction should be submitted to the 
Desk Officer for Agriculture, Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503.
    FCIC is soliciting comments on this rule for 60 days following 
publication in the Federal Register. This rule will be scheduled for 
review so that any amendment made necessary by public comments may be 
published as soon as possible.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and the private sector. This rule contains no Federal 
mandates (under the regulatory provisions of title II of the UMRA) for 
state, local, and tribal governments or the private sector. Thus, this 
rule is not subject to the requirements of sections 202 and 205 of the 
UMRA.

Executive Order No. 12612

    It has been determined under section 6(a) of Executive Order No. 
12612, Federalism, that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. The 
provisions 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.

Regulatory Flexibility Act

    This regulation will not have a significant impact on a substantial 
number of small entities. New provisions included in this rule will not 
impact small entities to a greater extent than large entities. Under 
the current regulations, a producer is required to complete an 
application and acreage report. If the crop is damaged or destroyed, 
the insured is required to give notice of loss and provide the 
necessary information to complete a claim for indemnity. This 
regulation does not alter those requirements. The amount of work 
required of the insurance companies delivering and servicing these 
policies will not increase significantly from the amount of work 
currently required. This rule does not have any greater or lesser 
impact on the producer. 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.

Federal Assistance Program

    This program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.450.

Executive Order No. 12372

    This program is not subject to the provisions of Executive Order 
No. 12372, which require intergovernmental consultation with state and 
local

[[Page 68543]]

officials. See the Notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115, June 24, 1983.

Executive Order No. 12778

    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 No. 12778. The provisions of this rule 
will not have a retroactive effect prior to the effective date. 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 published at 7 CFR parts 11 and 780 must be exhausted 
before any action for judicial review may be brought.

Environmental Evaluation

    This action is not expected to have a significant impact on the 
quality of the human environment, health, and safety. Therefore, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is needed.

National Performance Review

    This regulatory action is not being taken as part of the National 
Performance Review Initiative to eliminate unnecessary or duplicative 
regulations and improve those that remain in force.

Background

    FCIC herewith amends the Dry Bean Crop Insurance Regulations (7 CFR 
part 433) to extend the contract change date to February 15, 1997. This 
action is taken in order to provide sufficient time for FCIC to receive 
and respond to comments on the proposed rule and to publish a final 
rule for insuring dry beans.
    The contract change date, included in the crop insurance policy, is 
the date by which all contract changes must be on file in the service 
office.
    FCIC has under consideration a proposal to add to the Common Crop 
Insurance Policy (7 CFR part 457) a new section, 7 CFR 457.150, Dry 
Bean Crop Provisions. It is felt that there is not sufficient time for 
FCIC to solicit and respond to public comment and publish a final rule 
addressing the complete proposed rule before the December 31, 1996, 
contract change date.
    Therefore, Kenneth D. Ackerman, Manager, FCIC has determined that 
the extension of the contract change date is necessary to provide 
sufficient time for FCIC to complete the comment process and publish a 
final rule amending the dry bean crop insurance policy for the 1997 
crop year.
    It is further determined that such extension will not be 
detrimental to any program recipient, and that publication of the 
extended contract change date as a proposed rule for notice and comment 
is impracticable, unnecessary, and contrary to the public interest. 
Therefore, good cause is shown for making this rule effective upon 
publication.

Lists of Subjects in 7 CFR Part 433

    Crop insurance, Dry beans.

Interim Rule

    Accordingly, for the reasons set forth in the preamble, the Federal 
Crop Insurance Corporation hereby amends 7 CFR part 433, in the 
following instance:

PART 433--DRY BEAN CROP INSURANCE REGULATIONS

    1. The authority citation for 7 CFR part 433 is revised to read as 
follows:

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

    2. Section 433.7 is amended by revising subsection 16 of the policy 
to read as follows:


Sec. 433.7  The application and policy.

* * * * *
    16. Contract changes.
    We may change any terms and provisions of the contract from year to 
year. If your price election at which indemnities are computed is no 
longer offered, the actuarial table will provide the price election 
which you are deemed to have elected. All contract changes will be 
available at your service office by December 31 preceding the 
cancellation date (February 15, 1997, for the 1997 crop year only). 
Acceptance of any change will be conclusively presumed in the absence 
of any notice from you to cancel the contract.
* * * * *
    Signed in Washington, D.C., on December 23, 1996.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 96-33065 Filed 12-27-96; 8:45 am]
BILLING CODE 3410-FA-P