[Federal Register: April 29, 2004 (Volume 69, Number 83)]
[Rules and Regulations]
[Page 23417-23418]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap04-2]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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