[Federal Register Volume 62, Number 127 (Wednesday, July 2, 1997)]
[Rules and Regulations]
[Pages 35661-35662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17353]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 127 / Wednesday, July 2, 1997 / Rules 
and Regulations  

[[Page 35661]]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 455


Macadamia Nut Crop Insurance Regulations

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Interim final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby amends 
the Macadamia Nut Crop Insurance Regulations by extending the insurance 
period for the 1997 crop year only. The intended effect of this interim 
final rule is to realign the macadamia nut crop insurance period to 
conform with the macadamia nut production period.

DATES: This rule is effective July 2, 1997.

ADDRESSES: Interested persons are invited to submit written comments to 
the Director, Product Development Division, Federal Crop Insurance 
Corporation, United States Department of Agriculture, 9435 Holmes Road, 
Kansas City, MO 64131.

FOR FURTHER INFORMATION CONTACT: Stephen Hoy, Insurance Management 
Specialist, Research and Development, Product Development Division, 
Federal Crop Insurance Corporation, at the Kansas City, MO, address 
listed above, telephone (816) 926-7730.

SUPPLEMENTARY INFORMATION:

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

    Under the current Macadamia Nut Crop Insurance Regulations, a 
producer must submit a new application each year for which insurance is 
requested. No application will be required to extend the 1997 crop year 
insurance coverage. Therefore, the amendments set forth in this rule do 
not contain additional information collections that require clearance 
by OMB under the provisions of 44 U.S.C. chapter 35.
    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.
    OMB is required to make a decision concerning the collections of 
information contained in these regulations between 30 and 60 days after 
submission to OMB. Therefore, a comment to OMB is best assured of 
having full effect if OMB receives it within 30 days of publication. 
This does not affect the deadline for the public to comment on the 
interim final rule.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pubic 
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. 
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 officials. See the Notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115, June 24, 1983.

Executive Order No. 12988

    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 part 11 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 being taken as part of the National 
Performance Review Initiative to eliminate unnecessary or duplicative 
regulations and improve those that remain in force.

Background

    This interim final rule amends the Macadamia Nut Crop Insurance 
Regulations (7 CFR part 455) to extend insurance coverage for the 1997 
crop year. The extended insurance coverage period for the 1997 crop 
year will begin on January 1, 1998, and the calendar date for the end 
of the insurance period will be June 30, 1998.
    The current Macadamia Nut Crop Insurance Regulations provide crop 
insurance coverage from January 1, 1997, through December 31, 1997, for 
the 1997 crop year. The 1998 macadamia nut industry production year 
extends from July 1, 1997, to June 30, 1998. The difference between the 
crop insurance period and production

[[Page 35662]]

year is not conducive to maintaining actual production history (APH) 
records or establishing effective loss adjustment procedures.
    FCIC has published new macadamia nut crop insurance provisions that 
will attach to the Common Crop Insurance Policy Basic Provisions for 
the 1999 and succeeding crop years. These changes will result in the 
1998 crop year being incorporated into the 1997 and 1999 policies. 
Insurance coverage under the new macadamia nut crop provisions will 
attach on January 1, 1998, and the end of the insurance period will be 
June 30, 1999, for the 1999 crop year.
    Coverage against insured causes of loss will be provided on all 
macadamia nut blooms and nuts normally produced during the production 
year that extends from July 1 to June 30 of the next calendar year. 
From January 1 to June 30 of the first calendar year of each insurance 
period, coverage against insured causes of loss will only be provided 
on the macadamia nut blooms and immature macadamia nuts that normally 
produce mature nuts during the production year that will start July 1. 
Therefore, an extension of the 1997 crop year is necessary to provide 
macadamia nut coverage for the latter six months of the production year 
that began July 1, 1997. Thereafter, each crop insurance period will 
include a complete production year.
    No additional premium or administrative fee will be due for 
catastrophic risk protection, limited coverage, or additional coverage 
insurance that is extended for the crop year. A premium and 
administrative fee has been paid for the 1997 crop year, and there will 
be no 1998 crop year. Therefore, good cause exists to make this rule 
effective upon publication without prior notice and the opportunity to 
comment before the rule is effective.

List of Subjects in 7 CFR Part 455

    Crop insurance, Macadamia nuts.

Interim Final Rule

    Accordingly, as set forth in the preamble, the Federal Crop 
Insurance Corporation hereby amends 7 CFR part 455, as follows:

PART 455--MACADAMIA NUT CROP INSURANCE REGULATIONS

    1. The authority citation for 7 CFR part 455 is revised to read as 
follows:

    Authority: 7 U.S.C. 1506(1), 1506(p).

    2. In Sec. 455.7(d), in the Macadamia Nut Crop Insurance Policy, 
revise 7.(e), 8.(b)(4), and 9.(2)(3) to read as follows:


Sec. 455.7  The application and policy.

* * * * *

Macadamia Nut--Crop Insurance Policy

    7. Insurance Period
* * * * *
    (e) June 30, 1998, for the 1997 crop year only.
* * * * *
    8. Notice of Damage or Loss
* * * * *
    (b) * * *
    (1) * * *
    (2) * * *
    (3) * * *
    (4) June 30, 1998, for the 1997 crop year only.
* * * * *
    9. Claim for Indemnity
    (a) * * *
    (1) * * *
    (2) * * *
    (3) June 30, 1998, for the 1997 crop year only.
* * * * *
    Signed in Washington, D.C., on June 26, 1997.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 97-17353 Filed 7-1-97; 8:45 am]
BILLING CODE 3410-08-P