[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Proposed Rules]
[Pages 57562-57564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24504]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457


Common Crop Insurance Regulations; Forage Seeding Crop Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to 
amend the Forage Seeding Crop Insurance Provisions. The intended effect 
of this proposed action is to provide policy changes to better meet the 
needs of the insureds and to restrict the effect of the current Forage 
Seeding Crop Insurance Regulations to the 2001 and prior crop years.

DATES: Written comments and opinions on this proposed rule will be 
accepted until close of business October 25, 2000, and will be 
considered when the rule is to be made final. The comment period for 
information collection under the Paperwork Reduction Act of 1995 
continues through November 24, 2000.

ADDRESSES: Interested persons are invited to submit written comments to 
the Director, Product Development Division, Federal Crop Insurance 
Corporation, United States Department of Agriculture, 6501 Beacon 
Drive, Kansas City, Mo 64133. Comments may be sent via Internet to 
``DIRECTOR [email protected]''. A copy of each response will be 
available for public inspection and copying from 7 a.m. to 4:30 p.m., 
CDT, Monday through Friday except holidays, at the above address.

FOR FURTHER INFORMATION CONTACT: Arden Routh, 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 purpose 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), the collections of information for this rule have 
been previously approved by OMB under control number 0563-0053 through 
April 30, 2001.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act 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 the 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 the UMRA.

Executive Order 13132

    The provisions contained in this rule will not have a substantial 
direct effect on States, the relationship between the

[[Page 57563]]

national government and the States, or on the distribution of power and 
responsibilities among various levels of government. Therefore, no 
consultation with states is required.

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. Under the current regulations, every producer is required to 
complete an application and acreage report. If the crop is damaged or 
destroyed, the producer 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. 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 requires 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 against FCIC for 
judicial review 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 amending 7 CFR 457.151 Forage Seeding Crop Insurance 
Provisions effective for the 2002 and succeeding crop years. The 
changes to provisions for insuring forage seeding are as follows:
    1. Section 4--Add a new contract change date for South Dakota 
counties where the Special Provisions designate both fall and spring 
final planting dates. This allows for a separation of policies and 
program changes to be made to each policy in a timely manner.
    2. Section 5--Add cancellation and termination dates for South 
Dakota counties that will be applicable when the Special Provisions 
designate both fall and spring final planting dates. This is necessary 
to allow for the separate insurance of fall and spring planted forage.
    3. Section 9(g)--Add end of insurance period dates for fall and 
spring planted acreage in California, Colorado, Idaho, Nebraska, 
Nevada, Oregon, Utah and Washington. This allows forage acreage to be 
insured continuously with no lapse, or overlap, in coverage between the 
end of insurance period under the Forage Seeding Crop Provisions and 
the beginning of the insurance period under the Forage Production Crop 
Provisions.

List of Subjects in 7 CFR Part 457

    Crop insurance, Forage seeding, Reporting and recordkeeping 
requirements.

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

    1. The authority citation for 7 CFR part 457 continues to read as 
follows:

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

    2. Amend 457.151 as follows:
    a. Revise the heading.
    b. Revise the introductory text.
    c. Revise section 4 of the crop provisions.
    d. Revise section 5 of the crop provisions.
    e. Revise Section 9(g) of the crop provisions.
    The revisions and additions to Sec. 457.151 and the crop provisions 
read as follows:


Sec. 457.151  Forage seeding crop insurance provisions.

    The Forage Seeding Crop Insurance Provisions for the 2002 and 
succeeding crop years are as follows:
* * * * *
    4. Contract Changes. 
    In accordance with section 4 of the Basic Provisions, the contract 
change date is June 30 preceding the cancellation date for counties 
with a September 30 cancellation date; November 30 preceding the 
cancellation date for counties with a March 15 cancellation date; and 
April 30 preceding the cancellation date for all other counties.
    5. Cancellation and Termination Dates. 
    In accordance with section 2 of the Basic Provisions, the 
cancellation and termination dates are:

------------------------------------------------------------------------
                                                           Cancellation
                                                                and
                    State and county                        termination
                                                               dates
------------------------------------------------------------------------
California, Nevada, New Hampshire, New York,                     July 31
 Pennsylvania and Vermont...............................
South Dakota counties for which the Special Provisions      September 30
 designate both fall and spring final planting dates....
South Dakota counties for which the Special Provisions          March 15
 designate only a spring final planting date, and all
 other states...........................................
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* * * * *
    9. Insurance Period.
* * * * *
    (g) The following calendar dates:
    (1) During the calendar year following the year of seeding for:
    (i) Fall planted acreage in all California counties except Lassen, 
Modoc, Mono, Shasta and Siskiyou--November 30;
    (ii) Spring planted acreage in Lassen, Modoc, Mono, Shasta and 
Siskiyou Counties California, Colorado, Idaho, Nebraska, Nevada, 
Oregon, Utah and Washington--April 14;
    (iii) Spring planted acreage in all other states--May 21;
    (iv) Fall planted acreage in Lassen, Modoc, Mono, Shasta and 
Siskiyou Counties California and all other states--October 15;
    (2) During the calendar year of seeding for spring planted acreage 
in all California counties except Lassen, Modoc, Mono, Shasta and 
Siskiyou--November 30.
* * * * *


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    Signed in Washington, DC on September 13, 2000.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 00-24504 Filed 9-22-00; 8:45 am]
BILLING CODE 3410-08-P