[Federal Register Volume 69, Number 83 (Thursday, April 29, 2004)]
[Rules and Regulations]
[Pages 23417-23418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9486]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563-AB87 and RIN 0563-AB89


Common Crop Insurance Regulations

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes the 
interim Common Crop Insurance Regulations, Sunflower Seed Crop 
Insurance Provisions, Coarse Grains Crop Insurance Provisions, 
Safflower Crop Insurance Provisions, Dry Pea Crop Insurance Provisions, 
Rice Crop Insurance Provisions, Dry Bean Crop Insurance Provisions, and 
Canola and Rapeseed Crop Insurance Provisions to implement the quality 
loss adjustment procedures contained in section 10003 of the Farm 
Security and Rural Investment Act of 2002.

EFFECTIVE DATE: June 1, 2004.

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 not-significant 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

    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 
35), the collections of information in this rule have been approved by 
the Office of Management and Budget (OMB) under control number 0563-
0053 through February 28, 2005.

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

    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 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 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

[[Page 23418]]

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

    On Friday, June 28, 2002, FCIC published an interim rule in the 
Federal Register at 67 FR 43525-43526 to amend the Common Crop 
Insurance Regulations, Small Grains Crop Provisions (7 CFR 457.101) and 
Canola and Rapeseed Crop Insurance Provisions (7 CFR 457.161). The 
interim rule was effective on June 26, 2002. On June 9, 2003, FCIC 
published a final rule amending the Small Grains Crop Provisions (68 FR 
34261), effective June 4, 2003, which superseded the interim rule for 
Sec.  457.101. On Friday, August 30, 2002, FCIC published an the 
interim rule in the Federal Register at 67 FR 55689-55691 to amend the 
Common Crop Insurance Regulations, Sunflower Seed Crop Insurance 
Provisions (7 CFR 457.108), Coarse Grains Crop Insurance Provisions (7 
CFR 457.113), Safflower Crop Insurance Provisions (7 CFR 457.125), Dry 
Pea Crop Insurance Provisions (7 CFR 457.140), Rice Crop Insurance 
Provisions (7 CFR 457.141), and Dry Bean Crop Insurance Provisions (7 
CFR 457.150). The interim rule was effective on August 28, 2002. These 
interim rules implemented the quality loss adjustment procedures 
contained in section 10003 of the Farm Security and Rural Investment 
Act of 2002 (Pub. L. 102-171). Following publication of each interim 
rule, the public was afforded 60 days to submit written comments and 
opinions. No comments were received.

List of Subjects in 7 CFR Part 457

    Common Crop Insurance Regulations.

Final Rule

0
Accordingly, as set forth in the preamble and under the authority of 7 
U.S.C. 1506(l), 1506(p), except for the amendments to Sec.  457.101, 
the interim rules amending 7 CFR part 457, published on June 28, 2002, 
and August 30, 2002, at 67 FR 43525 and 55689 respectively, are adopted 
as final.

    Signed in Washington, DC, on April 21, 2004.
Ross J. Davidson, Jr.,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 04-9486 Filed 4-28-04; 8:45 am]
BILLING CODE 3410-08-P