[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Rules and Regulations]
[Pages 9519-9520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4456]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 40 / Monday, March 1, 2004 / Rules 
and Regulations  

[[Page 9519]]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 400 and 457


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 
outdated provisions in 7 CFR chapter IV that are no longer applicable 
in the administration of the Federal crop insurance program.

EFFECTIVE DATE: March 31, 2004.

FOR FURTHER INFORMATION CONTACT: Louise Narber, Risk 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, it 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 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 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

    FCIC certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. Program 
requirements for the Federal crop insurance program are the same for 
all producers regardless of the size of their farming operation. For 
instance, all producers are required to submit an application and 
acreage report to establish their insurance guarantees, and compute 
premium amounts, or a notice of loss and production information to 
determine an indemnity payment in the event of an insured cause of crop 
loss. Whether a producer has 10 acres or 1000 acres, there is no 
difference in the kind of information collected. To ensure crop 
insurance is available to small entities, the Federal Crop Insurance 
Act authorizes FCIC to waive collection of administrative fees from 
limited resource farmers. FCIC believes this waiver helps to ensure 
small entities are given the same opportunities to manage their risks 
through the use of crop insurance. A Regulatory Flexibility Analysis 
has not been prepared since this regulation does not have an impact on 
small entities, and, therefore, this regulation is exempt from the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 605).

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 Sec.  400.29 at 7 CFR part 400, subpart C; Sec.  400.57 
at 7 CFR part 400, subpart G; Sec.  400.127 at 7 CFR part 400, subpart 
K; Sec.  400.210 at 7 CFR part 400, subpart M; Sec.  400.413 at 7 CFR 
part 400, subpart Q; Sec.  400.500 at 7 CFR part 400, subpart R; Sec.  
400.676 at 7 CFR part 400, subpart U; and 7 CFR part 400 subpart H--
Information Collection Requirements Under the Paperwork Reduction Act, 
OMB Control Numbers are no longer applicable. The provisions for the 
information collection requirements relating to the collection and 
displaying of OMB control number by form are obsolete. The OMB numbers 
listed are not applicable and FCIC does not develop or distribute 
forms. FCIC only establishes standards used by insurance companies for 
such purposes. Each insurance company reinsured by FCIC is responsible 
for their own forms and those forms do not have OMB control numbers. 
The regulations listed in Sec.  400.51 are removed from 7 CFR except 
for part 457. Section 457.114 at

[[Page 9520]]

7 CFR part 457 is no longer applicable because the nursery provisions 
that are currently in effect are located in Sec.  457.162. In addition, 
Sec.  457.115 at 7 CFR part 457 is obsolete.
    Since the purpose of this rule is simply to remove the provisions 
that are obsolete and no longer applicable 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 Act, this rule does not need to be published 
for notice and comment.

List of Subjects in 7 CFR Parts 400 and 457

    Crop insurance.

Final Rule

0
Accordingly, under the authority of 7 U.S.C. 1506(1) and 1506(p), the 
Federal Crop Insurance Corporation hereby amends 7 CFR chapter IV as 
follows:

PART 400--GENERAL ADMINISTRATIVE REGULATIONS

0
1. The authority citiation for part 400 continues to read as follows:

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

PART 400--[AMENDED]

0
2. In part 400, remove and reserve Sec. Sec.  400.29, 400.57, 400.65, 
400.66, 400.127, 400.210, 400.413, 400.500, and 400.676.


Sec.  400.51  [Amended]

0
3. In Sec.  400.51, in the first sentence, remove the listed 
regulations following the colon ``:'' through ``7 CFR part 446--Walnut 
Crop Insurance.''

PART 457--[AMENDED]

0
4. In part 457, remove and reserve Sec. Sec.  457.114 and 457.115.

    Signed in Washington, DC, on February 25, 2004.
Ross J. Davidson, Jr.,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 04-4456 Filed 2-27-04; 8:45 am]
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