[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Rules and Regulations]
[Pages 16285-16286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6887]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 66 / Friday, April 5, 2002 / Rules 
and Regulations  

[[Page 16285]]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 400, 401, 403, 405, 406, 409, 414, 415, 416, 422, 425, 
430, 433, 435, 437, 441, 443, 445, 446, 447, 450, 451, 454, 455, 
456, and 458


Crop Insurance Regulations, Removal of Miscellaneous Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) is removing 
various outdated provisions in 7 CFR chapter IV that are no longer 
required in the administration of the Federal crop insurance program.

EFFECTIVE DATE: May 6, 2002.

FOR FURTHER INFORMATION CONTACT: Louise Narber, Insurance Management 
Specialist, Product Development Division, Federal Crop Insurance 
Corporation, 6501 Beacon Drive, Stop 0812, Room 421, Kansas City, MO, 
64133-4676, 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

    This rule does not contain information collection requirements that 
would require approval by OMB under the Paperwork Reduction Act of 1995 
(44 U.S.C. chapter 35).

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 or 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 rule will not have a substantial direct effect on states, on 
the relationship between the national government and the states, or on 
the distribution of power and responsibilities among the various levels 
of government. Nor does this rule impose substantial direct compliance 
costs on state and local governments. Therefore, consultation with the 
states is not required.

Regulatory Flexibility Act

    This regulation will not have a significant economic impact on a 
substantial number of small entities. No additional work is required as 
a result of this action on the part of either the insured or the 
insurance companies. Additionally, the regulation does not require any 
action on the part of small entities than is required on the part of 
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 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 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 or 7 CFR 400.169, as applicable, must be exhausted 
before any action for judicial review of any determination or action by 
FCIC 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.

Background

    FCIC has reviewed its regulations published at 7 CFR chapter IV and 
determined that the provisions for the late planting agreement option, 
published at 7 CFR part 400, subpart A are no longer applicable because 
the crops for which this option was available are now all covered under 
7 CFR part 457 and the late planting provisions are incorporated into 
the policy. The administrative provisions relating to individual yield 
coverage plans, published at 7 CFR part 400, subpart B are no longer 
necessary because FCIC utilizes the actual production history of 
producers to determine guarantees and those provisions are published at 
7 CFR part 400, subpart G. Further, the provisions relating to 
applications, published at 7 CFR part 400, subpart D, are best placed 
in procedures to allow the maximum flexibility for private insurance 
companies. The administrative provisions relating to the 1988 disaster 
program published at 7 CFR part 400, subpart N, are no longer 
applicable. Section 400.656 at 7 CFR part 400, subpart T, is no longer 
applicable because these prevented planting provisions are included in 
7 CFR part 457. Additionally, Sec. 400.657 at 7 CFR part 400, subpart 
T, is not applicable because it was effective for the 1995-1997 crop 
years. FCIC is also removing crop insurance contract provisions in 7 
CFR part 401 because insurance for those crops are now available under 
the crop insurance contract provisions published at 7 CFR part 457.
    Since the purpose of this rule is simply to remove those provisions 
that are no longer necessary in the administration of the Federal crop 
insurance program, this rule is considered a rule of agency practice or 
procedure. Therefore, under section 553(b) of the Administrative 
Procedures

[[Page 16286]]

Act, this rule does not need to be published for notice and comment.

List of Subjects in 7 CFR Parts 400, 401, 403, 405, 406, 409, 414, 
415, 416, 422, 425, 430, 433, 435, 437, 441, 443, 445, 446, 447, 
450, 451, 454, 455, 456, and 458

    Crop Insurance.

Final Rule

    Accordingly, under the authority of 7 U.S.C. 1506 (l), 1506(p), the 
Federal Crop Insurance Corporation hereby amends 7 CFR chapter IV as 
follows:

PART 400--GENERAL ADMINISTRATIVE REGULATIONS

    1. The authority citation for part 400 continues to read as 
follows:

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

Subparts A, B, D, and N--[Removed and Reserved]

    2. In part 400, remove and reserve Subparts A, B, D, and N.

Subpart T--[Amended]

    3. In part 400, remove and reserve Secs. 400.656 and 400.657.

PART 401--[Removed and Reserved]

    4. Part 401 is removed and reserved.

PART 403--[Removed and Reserved]

    5. Part 403 is removed and reserved.

PART 405--[Removed and Reserved]

    6. Part 405 is removed and reserved.

PART 406--[Removed and Reserved]

    7. Part 406 is removed and reserved.

PART 409--[Removed and Reserved]

    8. Part 409 is removed and reserved.

PART 414--[Removed and Reserved]

    9. Part 414 is removed and reserved.

PART 415--[Removed and Reserved]

    10. Part 415 is removed and reserved.

PART 416--[Removed and Reserved]

    11. Part 416 is removed and reserved.

PART 422--[Removed and Reserved]

    12. Part 422 is removed and reserved.

PART 425--[Removed and Reserved]

    13. Part 425 is removed and reserved.

PART 430--[Removed and Reserved]

    14. Part 430 is removed and reserved.

PART 433--[Removed and Reserved]

    15. Part 433 is removed and reserved.

PART 435--[Removed and Reserved]

    16. Part 435 is removed and reserved.

PART 437--[Removed and Reserved]

    17. Part 437 is removed and reserved.

PART 441--[Removed and Reserved]

    18. Part 441 is removed and reserved.

PART 443--[Removed and Reserved]

    19. Part 443 is removed and reserved.

PART 445--[Removed and Reserved]

    20. Part 445 is removed and reserved.

PART 446--[Removed and Reserved]

    21. Part 446 is removed and reserved.

PART 447--[Removed and Reserved]

    22. Part 447 is removed and reserved.

PART 450--[Removed and Reserved]

    23. Part 450 is removed and reserved.

PART 451--[Removed and Reserved]

    24. Part 451 is removed and reserved.

PART 454--[Removed and Reserved]

    25. Part 454 is removed and reserved.

PART 455--[Removed and Reserved]

    26. Part 455 is removed and reserved.

PART 456--[Removed and Reserved]

    27. Part 456 is removed and reserved.

PART 458--[Removed and Reserved]

    28. Part 458 is removed and reserved.

    Signed in Washington, DC, on March 14, 2002.
Ross J. Davidson, Jr.,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 02-6887 Filed 4-4-02; 8:45 am]
BILLING CODE 3410-08-P