[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Proposed Rules]
[Pages 38761-38762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19245]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /
Proposed Rules
[[Page 38761]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
Common Crop Insurance Regulations; Guaranteed Production Plan of
Fresh Market Tomato Crop Insurance Provisions
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to
amend the Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions to change the calendar date for the end of the
insurance period.
DATES: Written comments and opinions on this proposed rule will be
accepted until close of business August 19, 1998 and will be considered
when the rule is to be made final.
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. A copy of each response will be available for
public inspection and copying from 7:00 a.m. to 4:30 p.m., CDT, Monday
through Friday, except holidays, at the above address.
FOR FURTHER INFORMATION CONTACT: Louise Narber, 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 12866
This rule has been determined to be exempt for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget (OMB).
Paperwork Reduction Act of 1995
Under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35) there are no information collection requirements
contained in this rule.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform of 1995 (UMRA) 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 UMRA) for State, local, and tribal
governments or the private sector. Therefore, this rule is not subject
to the requirements of sections 202 and 205 of UMRA.
Executive Order 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 economic 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. The amount of work required of the insurance companies
delivering and servicing these policies will not increase from the
amount of work currently required. 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 12372
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.
Executive Order 12988
This proposed rule has been reviewed in accordance with Executive
Order 12988 on civil justice reform. The provisions of this rule will
not have a retroactive effect. 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 of any determination made by FCIC may be brought.
Environmental Evaluation
This action is not expected to have a significant economic impact
on the quality of the human environment, health, and safety. Therefore,
neither an Environmental Assessment nor an Environmental Impact
Statement is needed.
Background
FCIC proposes to amend the Common Crop Insurance Regulations (7 CFR
part 457) by revising 7 CFR 457.128 effective for the 1999 and
succeeding crop years. The only change to the provisions for insuring
guaranteed production plan of fresh market tomatoes is to amend section
10(b)(7) to change the calendar date for the end of the insurance
period for certain states. The end of the insurance period for
Delaware, Maryland, New Jersey, North Carolina, and Virginia will be
changed from September 20 to October 15 of the crop year. The end of
the insurance period for Florida, Georgia, and South Carolina will be
changed from September 20 to November 10 of the crop year. A September
20 ending date creates an insurance period that is too short in these
states. Under the current crop provisions, if the crop is planted
during the fall planting period in accordance with the Special
Provisions in effect for the 1999 crop year, the crop will not reach
maturity before the end of the insurance period. The proposed change in
the dates for the end of the insurance period will allow for insurance
coverage from the time of planting until maturity of the crop.
List of Subjects in 7 CFR Part 457
Crop insurance, Tomatoes.
[[Page 38762]]
Proposed Rule
Accordingly, as set forth in the preamble, the Federal Crop
Insurance Corporation, proposes to amend 7 CFR part 457 as follows:
PART 457--COMMON CROP INSURANCE REGULATIONS; REGULATIONS FOR THE
1998 AND SUBSEQUENT CONTRACT YEARS
1. The authority citation for 7 CFR part 457 continues to read as
follows:
Authority: 7 U.S.C. 1506(l), 1506(p).
2. In Sec. 457.128 revise section 10(b)(7) to read as follows:
Sec. 457.128 Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions.
10. Insurance Period.
* * * * *
(b) * * *
(7) October 15 of the crop year in Delaware, Maryland, New Jersey,
North Carolina, and Virginia; October 31 of the crop year in
California; November 10 of the crop year in Florida, Georgia, and South
Carolina; and September 20 of the crop year in all other states.
Signed in Washington, DC, on July 13, 1998.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 98-19245 Filed 7-17-98; 8:45 am]
BILLING CODE 3410-08-P