Crop insurance regulations: Fresh market tomatoes,
[Federal Register: September 23, 1998 (Volume 63, Number 184)]
[Rules and Regulations]
[Page 50752-50753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se98-3]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
Common Crop Insurance Regulations; Guaranteed Production Plan of Fresh Market Tomato Crop Insurance Provisions
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Final rule.
SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes the Guaranteed Production Plan of Fresh Market Tomato Crop Insurance Provisions to change the calendar date for the end of the insurance period.
EFFECTIVE DATE: This rule is effective September 22, 1998.
FOR FURTHER INFORMATION CONTACT: Louise Narber, Insurance Management Specialist, Research and Development, Product Development Division, Federal Crop Insurance Corporation, United States Department of Agriculture, 9435 Holmes Road, Kansas City, MO 64131, telephone (816) 926-7730.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be exempt for the purpose of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB).
Paperwork Reduction Act of 1995
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), there are no information collection requirements contained in this rule.
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 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.
Executive Order 12612
It has been determined under section 6(a) of Executive Order 12612, Federalism, that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this rule will not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government.
Regulatory Flexibility Act
This regulation will not have a significant economic impact on a substantial number of small entities. New provisions included in this rule will not impact small entities to a greater extent than large entities. The amount of work required of insurance companies delivering and servicing these policies will not increase from the amount of work currently required. Therefore, this action is determined to be exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605) and no Regulatory Flexibility Analysis was prepared.
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 must be exhausted before any action for judicial review of any determination made by FCIC may be brought.
Environmental Evaluation
This action is not expected to have a significant economic 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 Monday, July 20, 1998, FCIC published a notice of proposed rulemaking in the Federal Register at 63 FR 38761-38762 to revise 7 CFR 457.128, Guaranteed Production Plan of Fresh Market Tomato Crop Insurance Provisions, effective for the 1999 and succeeding crop years.
Following publication of the proposed rule, the public was afforded 30 days to submit written comments and opinions. A total of 3 written comments were received from an insurance service organization and reinsured companies. All of the comments received agreed with the proposed changes made to the regulation.
Good cause is shown to make this rule effective upon filing for public inspection at the Office of the Federal Register. This rule revises the calendar date for the end of the insurance period for certain states. This rule must be effective prior to the contract change dates for which these provisions are effective. The contract change date is September 30 preceding the cancellation date in counties with a January 15 cancellation date and December 31 preceding the cancellation date in all other counties. Therefore, public interest requires the Agency to act immediately to make these provisions available.
List of Subjects in 7 CFR Part 457
Crop insurance, Tomatoes.
[[Page 50753]]
Final Rule
Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends the Common Crop Insurance Regulations (7 CFR part 457) by amending 7 CFR 457.128 as follows:
PART 457--COMMON CROP INSURANCE REGULATIONS
1. The authority citation for 7 CFR part 457 continues to read as follows:
Authority: 7 U.S.C. 1506(l), 1506(p).
2. Section 457.128 paragraph 10(b)(7) is revised to read as follows:
Sec. 457.128 Guaranteed Production Plan of Fresh Market Tomato Crop Insurance Provisions.
* * * * *
10. Insurance Period * * * * *
(b) * * *
(7) October 15 of the crop year in Delaware, Maryland, New Jersey, North Carolina, and Virginia; October 31 of the crop year in California; November 10 of the crop year in Florida, Georgia, and South Carolina; and September 20 of the crop year in all other states. * * * * *
Signed in Washington, D.C., on September 18, 1998. Kenneth D. Ackerman, Manager, Federal Crop Insurance Corporation.
[FR Doc. 98-25465Filed9-22-98; 8:45 am]
BILLING CODE 3410-08-P
