[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Rules and Regulations]
[Page 9519-9520]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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outdated provisions in 7 CFR chapter IV that are no longer applicable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
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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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