[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58333-58334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26736]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / 
Rules and Regulations  

[[Page 58333]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 12

RIN 0563-AC56


Highly Erodible Land Conservation and Wetland Conservation; 
Conforming Amendment

AGENCY: Office of the Secretary and Federal Crop Insurance Corporation, 
USDA.

ACTION: Final rule.

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SUMMARY: This final rule amends the United States Department of 
Agriculture regulations to conform to the changes regarding 
conservation compliance made by the Federal Crop Insurance Corporation 
(FCIC) to its regulations in Catastrophic Risk Protection Endorsement; 
Area Risk Protection Insurance Basic Provisions; and Common Crop 
Insurance Policy Basic Provisions. These changes will provide more 
flexibility for conservation compliance determinations; reduce burdens 
on policyholders; and will allow the conservation compliance 
certification process for crop insurance to be administered more 
consistently with the practices of the Farm Service Agency (FSA).

DATES: This rule is effective December 12, 2017.

FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Risk Management Agency, 
telephone (816) 926-7730; Joe Fuchtman, Farm Service Agency, telephone 
(202) 260-9146; or Jason Outlaw, Natural Resource Conservation Service, 
telephone (202) 720-7838.

SUPPLEMENTARY INFORMATION:

Background

    Recently, FCIC published a final rule in the Federal Register, 
titled ``General Administrative Regulations; Catastrophic Risk 
Protection Endorsement; Area Risk Protection Insurance Regulations; and 
the Common Crop Insurance Regulations, Basic Provisions,'' that 
included changes to remove the June 1 deadline prior to the July 1 
reinsurance year for a Form AD-1026 conservation compliance 
certification to be on file with FSA related to ineligibility for 
federal crop insurance premium subsidies. The same June 1 deadline was 
also included in the USDA regulations in 7 CFR part 12 for Highly 
Erodible Land Conservation and Wetland Conservation provisions (also 
known as conservation compliance provisions). The FCIC final rule 
removed the June 1 deadline from the regulations for Catastrophic Risk 
Protection Endorsement, the Area Risk Protection Insurance Basic 
Provisions, and the Common Crop Insurance Policy Basic Provisions and 
instead requires the AD-1026 to be filed with FSA for the reinsurance 
year by the premium billing date unless an exception applies.
    USDA is amending the Highly Erodible Land Conservation and Wetland 
Conservation provisions to conform to the changes to the Catastrophic 
Risk Protection Endorsement, the Area Risk Protection Insurance Basic 
Provisions, and the Common Crop Insurance Policy Basic Provisions 
regarding conservation compliance.
    The specific changes to the Highly Erodible Land Conservation and 
Wetland Conservation regulation include removing the date of June 1 
from the conservation compliance provisions and adding a reference to 
the premium billing date. Because the June 1 date is being removed, 
USDA is also revising the exception for farmers who began farming after 
June 1 to instead refer to producers who meet the Risk Management 
Agency's conditions for farmers who are new to farming, new to crop 
insurance, a new entity, or have not previously been required to file 
form AD-1026.
    These changes will provide more flexibility for FSA conservation 
compliance determinations, reduce burdens on policyholders and will 
allow the conservation compliance certification process for crop 
insurance to be administered more consistently with the way it is 
administered for other USDA programs while maintaining conformance to 
the Conservation Compliance provisions mandated by the Congress in the 
Agricultural Act of 2014.

Executive Orders 12866, 13563, and 13771

    Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasized the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. The Office of 
Management and Budget (OMB) designated this rule as not significant 
under Executive Order 12866, ``Regulatory Planning and Review,'' and 
therefore, OMB has not reviewed this rule. The rule is not subject to 
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs.''

Paperwork Reduction Act of 1995

    Pursuant to the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. chapter 35, subchapter I), the collections of information in 
this rule have been approved by OMB under control number 0563-0053.

E-Government Act Compliance

    USDA is committed to complying with the E-Government Act of 2002, 
to promote the use of the internet and other information technologies 
to provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

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 UMRA.

[[Page 58334]]

Executive Order 13132

    It has been determined under section 1(a) of Executive Order 13132, 
Federalism, that this rule does not have sufficient implications to 
warrant consultation with the States. The provisions contained in this 
rule will not have a substantial direct effect on States, or on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments.'' Executive Order 13175 requires Federal agencies 
to consult and coordinate with tribes on a government-to-government 
basis on policies that have tribal implications, including regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    USDA has assessed the impact of this rule on Indian tribes and 
determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under E.O. 13175. If a 
Tribe requests consultation, USDA will work with the Office of Tribal 
Relations to ensure meaningful consultation is provided where changes, 
additions and modifications identified herein are not expressly 
mandated by Congress.

Regulatory Flexibility Act

    USDA certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation is a conforming amendment to a final rule published by FCIC 
that states the Federal crop insurance program is the same for all 
producers regardless of the size of their farming operation. For 
instance, all producers are required to file an AD-1026 with FSA to be 
eligible for premium subsidy. Whether a producer has 10 acres or 1,000 
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 (FCIA) authorizes FCIC to waive collection of 
administrative fees from limited resource farmers. FCIC believes this 
waiver helps to ensure that small entities are given the same 
opportunities as large entities to manage their risks through the use 
of crop insurance. A Regulatory Flexibility Analysis has not been 
prepared since this regulation does not have a significant impact on a 
substantial number of 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 2 CFR part 415, subpart C.

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.

Environmental Evaluation

    This action is not expected to have a significant economic impact 
on the quality of the human environment, health, or safety. Therefore, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is needed.

List of Subjects in 7 CFR Part 12

    Crop insurance, Reporting and recordkeeping requirements, Soil 
conservation.

Final Rule

    Accordingly, as set forth in the preamble, USDA amends 7 CFR part 
12 as follows:

PART 12--HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION

0
1. The authority citation for 7 CFR part 12 continues to read as 
follows:

    Authority: 16 U.S.C. 3801, 3811-12, 3812a, 3813-3814, and 3821-
3824.


0
2. Amend Sec.  12.13 by revising paragraph (b) to read as follows:


Sec.  12.13  Special Federal crop insurance premium subsidy provisions.

* * * * *
    (b) Ineligibility for failing to certify compliance. Subject to 
paragraph (b)(2) of this section, failing to certify compliance as 
specified in Sec.  12.7 will result in ineligibility as follows:
    (1) A Form AD-1026, or successor form, for the person must be filed 
with FSA for the reinsurance year in order for the person to be 
eligible for any Federal crop insurance premium subsidies for the 
reinsurance year. Persons will be ineligible for Federal crop insurance 
premium subsidy on their crop insurance policy if form AD-1026, or 
successor form, has not been filed with FSA for the reinsurance year by 
the premium billing date for their Federally-reinsured crop insurance 
policy.
    (2) A person that has not filed an AD-1026 for the reinsurance year 
by the premium billing date may be eligible for premium subsidy for the 
reinsurance year if they provide information necessary for the person's 
filing of a Form AD-1026 if the person:
    (i) Is unable to file a Form AD-1026 due to circumstances beyond 
the person's control, as determined by FSA; or
    (ii) Files a Form AD-1026 in good faith and FSA subsequently 
determines that additional information is needed, but the person is 
unable to comply due to circumstances beyond the control of the person.
    (3) A person who does not have Form AD-1026, or successor form, on 
file with FSA for the reinsurance year may be eligible for Federal crop 
insurance premium subsidy for the initial reinsurance year if the 
person can demonstrate they meet RMA's conditions for new to farming, 
new to crop insurance, a new entity, or have not previously been 
required to file form AD-1026.
* * * * *

    Dated: December 1, 2017.
Stephen L. Censky,
Deputy Secretary.
[FR Doc. 2017-26736 Filed 12-11-17; 8:45 am]
BILLING CODE 3410-08-P