Common Crop Insurance Regulations, Basic Provisions, 71749-71751 [05-23509]

Download as PDF 71749 Rules and Regulations Federal Register Vol. 70, No. 229 Wednesday, November 30, 2005 the Open Season; or return to FEHB coverage immediately, if they involuntarily lose coverage. This has allowed these beneficiaries to avoid the expense of continuing to pay FEHB Program premiums while they are using certain Medicare, Medicaid, TRICARE or TRICARE-for-Life or CHAMPVA coverage without endangering their ability to return to the FEHB Program in the future. We have determined that individuals eligible for coverage under the Peace Corps should be allowed the same right to suspend FEHB coverage and reenroll in the FEHB Program as we afford these other groups. Subpart C and Subpart H—[Amended] RIN 3203–AK90 Regulatory Flexibility Act RIN 0563–AC07 Suspension of Enrollment in the Federal Employees Health Benefits (FEHB) Program for Peace Corps Volunteers I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation affects only health insurance carriers under the Federal Employees Health Benefits Program. Common Crop Insurance Regulations, Basic Provisions 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 Office of Personnel Management. ACTION: Interim rule. AGENCY: SUMMARY: The Office of Personnel Management is issuing an interim regulation to allow Peace Corps volunteers who are FEHB Program enrolled annuitants, survivors, and former spouses to suspend their FEHB enrollments and then return to the FEHB Program during the Open Season, or return to FEHB coverage immediately, if they involuntarily lose health benefits coverage under the Peace Corps. The intent of this rule is to allow these beneficiaries to avoid the expense of continuing to pay FEHB Program premiums while they have other health coverage as Peace Corps volunteers, without endangering their ability to return to the FEHB Program in the future. Effective Date: Effective December 30, 2005. DATES: FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Policy Analyst, Insurance Policy, OPM, Room 3425, 1900 E Street, NW., Washington, DC 20415–0001. Phone number: 202–606– 0004. E-mail: mwkaszy@opm.gov. SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) allows certain Medicare, Medicaid, CHAMPVA or TRICARE or TRICARE-for-Life eligible FEHB Program annuitants, survivors, and former spouses to suspend their FEHB enrollments and then return to the FEHB Program during VerDate Aug<31>2005 19:03 Nov 29, 2005 Jkt 208001 Executive Order 12866, Regulatory Review This regulation has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professionals, Hostages, Iraq, Kuwait, Lebanon, Military Personnel, Reporting and recordkeeping requirements, Retirement. Office of Personnel Management. Linda M. Springer, Director. For the reasons set forth in the preamble, OPM is amending 5 CFR Part 890 as follows: I PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 1. The authority citation for part 890 continues to read as follows: I Authority: 5 U.S.C. 8913, sec. 890.803 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; subpart L also issued under sec. 599C of Pub. L. 101–513, 104 Stat. 2064, as amended; sec. 890.102 also issued under secs. 11202(f), 11232(e), 11246 (b) and (c) of Pub. L. 105–33, 111 Stat. 251; and sec. 721 of Pub. L. 105–261, 112 Stat. 2061, unless otherwise noted. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 2. In part 890, subparts C and H, add the phrase ‘‘Peace Corps or’’ before the acronym ‘‘CHAMPVA’’ each time it appears. I [FR Doc. 05–23429 Filed 11–29–05; 8:45 am] BILLING CODE 6325–39–P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 Federal Crop Insurance Corporation, USDA. ACTION: Interim rule. AGENCY: SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Basic Provisions (Basic Provisions) to conform to the requirements of section 780 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (2006 Appropriations Act) regarding written agreements and the use of similar agricultural commodities. EFFECTIVE DATES: This rule is effective November 25, 2005. Written comments and opinions on this rule will be accepted until the close of business January 30, 2006 and will be considered when the rule is to be made final. ADDRESSES: Interested persons are invited to submit written comments to the Director, Product Development Division, Risk Management Agency, United States Department of Agriculture, 6501 Beacon Drive, Stop 0812, Room 421, Kansas City, MO 64133–4676. Comments titled ‘‘Basic Provisions Interim Rule’’ may be sent via the Internet to DirectorPDD@rm.fcic.usda.gov, or the Federal eRulemaking Portal: http:// www.regulations.gov/. Follow the online instructions for submitting comments. A copy of each response will be available for public inspection and copying from 7 a.m. to 4:30 p.m., c.s.t., Monday through Friday, except holidays, at the above address. E:\FR\FM\30NOR1.SGM 30NOR1 71750 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations For further information contact Erin Reid, Risk Management Specialist, Research and Development, Product Development Division, Risk Management Agency, at the Kansas City, MO, address listed above, telephone (816) 926–6321. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be nonsignificant 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 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control number 0563–0053 through November 30, 2007. Government Paperwork Elimination Act (GPEA) Compliance FCIC is committed to compliance with the GPEA, which requires Government agencies, in general, to provide the public with the option of submitting information or transacting business electronically to the maximum extent possible. FCIC requires that all reinsured companies be in compliance with the Freedom to E-File Act and section 508 of the Rehabilitation Act. 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. 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. VerDate Aug<31>2005 19:03 Nov 29, 2005 Jkt 208001 Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Written agreement requirements for the Federal crop insurance program are the same for all producers regardless of the size of their operations. For instance, all producers requesting this type of written agreement must submit actual yields for at least the most recent three crops years in which the crop was planted during the base period. Any producer who did not produce the crop for at least three years, for which the written agreement is requested, must submit actual yields for a similar crop, or a combination of actual yields for the crop and a similar crop in the county for which the written agreement is being requested. Whether a producer has 10 acres or 100 acres there is no difference in the kind of information required for requesting a written agreement. 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 change helps 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 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 interim 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. With respect to any direct action taken by FCIC or to require the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. 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. Background Section 508(a)(4)(B) of the Federal Crop Insurance Act (Act) involves areas in the United States where crop insurance is not available for a particular commodity and authorizes FCIC to offer to enter into a written agreement with producers in such areas if the producer has actuarially sound data relating to the production by the producer of the commodity and the data is acceptable to FCIC. FCIC interpreted this provision to mean producers would have to provide verifiable records of actual yields of the crop to be insured for the last three years the crop was grown and incorporated this requirement into the Basic Provisions. Section 780 of the 2006 Appropriations Act amended section 508(a)(4)(B) to allow FCIC to offer to enter into a written agreement with producers in such areas if the producer has actuarially sound data relating to the production by the producer of a similar commodity and the data is acceptable to FCIC. To incorporate this change into the policy, FCIC must revise those provisions of the Basic Provisions that limit records of actual yields to the commodity to be insured to allow records of yields for similar commodities to be used in underwriting written agreements. Specifically, FCIC is amending section 18(f)(2)(i) of the Basic Provisions to differentiate between when the producer has records of production for the crop to be insured under the written agreement and when the producer has records of a similar crop or a combination of records for a similar crop and records of the same crop that will be insured. FCIC is adding provisions that specify that to be considered a crop that is similar to the crop for which a written agreement is being requested, it must fit into one of a broad grouping of crops the producer has grown in the past (e.g. row crops, tree crops, vine crops, bush crops, etc.) and the agronomic and risk factors must be sufficiently similar to allow FCIC to properly determine whether there is a risk that program integrity may be impaired by the use of the records of the E:\FR\FM\30NOR1.SGM 30NOR1 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Rules and Regulations other commodity (for example, could it lead to over insurance of the crop for which a written agreement is sought) and whether an actuarially sound premium rate can be determined that will cover the anticipated losses and a reasonable reserve for the crop for which a written agreement is being sought. Good cause is shown to make this rule effective upon filing for public inspection at the Office of the Federal Register. Good cause to make the rule effective upon filing at the Office of the Federal Register exists when the 30 day delay in the effective date is impracticable, unnecessary, or contrary to the public interest. The changes in this rule are statutorily mandated. With respect to the provisions of this rule, it would be contrary to the public interest to delay its implementation. Further, such changes regarding written agreements for producers in areas of the United States where crop insurance is not available for a particular commodity are in the public interest. This is because the changes will allow a producer to submit records of a crop that is similar to the crop for which insurance is being requested, and expand the availability of insurance for a producer who may not have previously qualified. If FCIC is required to delay the implementation of this rule 30 days after the date it is published, the provisions of this rule could not be implemented until the next crop year for those crops having a contract change date prior to the effective date of this publication. This would mean that the affected producers would be without the benefits described above for an additional year. For the reasons stated above, good cause exists to make these policy changes effective upon filing with the Office of the Federal Register. List of Subjects in 7 CFR Part 457 Crop insurance, Reporting and recordkeeping requirements. Interim Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457 effective for the 2006 and succeeding crop years for all crops with a contract change date on or after the effective date of this rule and for the 2007 and succeeding crop years for all crops with a contract change date prior to the effective date of this rule, as follows: I VerDate Aug<31>2005 19:03 Nov 29, 2005 Jkt 208001 PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for 7 CFR part 457 continues to read as follows: I Authority: 7 U.S.C. 1506(l), 1506(p). 2. Amend § 457.8, as follows: I (a) Revise section 18(f)(2)(i); and I (b) Revise section 18(f)(2)(ii). The revised sections read as follows: 18. Written Agreements * * * * * (f) * * * * * * * * (2) * * * (i) A completed APH form (except for policies that do not require APH) based on verifiable records of actual yields for: (A) The crop and county for which the written agreement is being requested (the actual yields do not necessarily have to be from the same physical acreage for which you are requesting a written agreement) for at least the most recent three crop years in which the crop was planted during the base period; or (B) A similar crop in the county, or a combination of actual yields for a similar crop in the county and the crop in the county for which the written agreement is being requested if you have not produced the crop for which the written agreement is being requested for at least three crop years. (1) To be considered a similar crop to the crop for which a written agreement is being requested, such crop must: (i) Be included in the same category of crops, e.g., row crops (including, but not limited to, small grains, coarse grains, and oil seed crops), vegetable crops grown in rows, tree crops, vine crops, bush crops, etc., as defined by FCIC; (ii) Have substantially the same growing season (i.e., normally planted around the same dates and harvested around the same dates); (iii) Require comparable agronomic conditions (e.g., comparable water, soil, etc. needs); and (iv) Be subject to substantially the same risks (frequency and severity of loss would be expected to be comparable from the same cause of loss); (2) The actual yields for the similar crop do not necessarily have to be from the same physical acreage for which you are requesting a written agreement; (ii) Acceptable production records for at least the most recent three crop years in which the crop or a similar crop was planted; * * * * * I PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 71751 Signed in Washington, DC, on November 22, 2005. Eldon Gould, Manager, Federal Crop Insurance Corporation. [FR Doc. 05–23509 Filed 11–25–05; 4:21 pm] BILLING CODE 3410–08–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE234, Special Condition 23– 174–SC] Special Conditions; Garmin AT, Inc. EFIS on the Mooney M20M and M20R; Protection of Systems From High Intensity Radiated Fields (HIRF) Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: SUMMARY: These special conditions are issued to Garmin AT, Inc., 2345 Turner Rd. SE, Salem, OR 97302, for a Supplemental Type Certificate for the Mooney M20M and M20R. These airplanes will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of an electronic flight instrument system (EFIS) display, Model G–1000, manufactured by Garmin International, for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes. DATES: The effective date of these special conditions is November 3, 2005. Comments must be received on or before December 30, 2005. ADDRESSES: Comments may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE–7, Attention: Rules Docket Clerk, Docket No. CE234, Room 506, 901 Locust, Kansas City, Missouri 64106. All comments must be marked: Docket No. CE234. Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Wes Ryan, Aerospace Engineer, Standards E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 70, Number 229 (Wednesday, November 30, 2005)]
[Rules and Regulations]
[Pages 71749-71751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23509]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563-AC07


Common Crop Insurance Regulations, Basic Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the 
Common Crop Insurance Regulations, Basic Provisions (Basic Provisions) 
to conform to the requirements of section 780 of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2006 (2006 Appropriations Act) regarding written 
agreements and the use of similar agricultural commodities.

EFFECTIVE DATES: This rule is effective November 25, 2005. Written 
comments and opinions on this rule will be accepted until the close of 
business January 30, 2006 and will be considered when the rule is to be 
made final.

ADDRESSES: Interested persons are invited to submit written comments to 
the Director, Product Development Division, Risk Management Agency, 
United States Department of Agriculture, 6501 Beacon Drive, Stop 0812, 
Room 421, Kansas City, MO 64133-4676. Comments titled ``Basic 
Provisions Interim Rule'' may be sent via the Internet to 
DirectorPDD@rm.fcic.usda.gov, or the Federal eRulemaking Portal: http:/
/www.regulations.gov/. Follow the online instructions for submitting 
comments. A copy of each response will be available for public 
inspection and copying from 7 a.m. to 4:30 p.m., c.s.t., Monday through 
Friday, except holidays, at the above address.

[[Page 71750]]


FOR FURTHER INFORMATION CONTACT: For further information contact Erin 
Reid, Risk Management Specialist, Research and Development, Product 
Development Division, Risk Management Agency, at the Kansas City, MO, 
address listed above, telephone (816) 926-6321.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    This rule has been determined to be nonsignificant 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

    Pursuant to the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. chapter 35), the collections of information in this rule 
have been approved by OMB under control number 0563-0053 through 
November 30, 2007.

Government Paperwork Elimination Act (GPEA) Compliance

    FCIC is committed to compliance with the GPEA, which requires 
Government agencies, in general, to provide the public with the option 
of submitting information or transacting business electronically to the 
maximum extent possible. FCIC requires that all reinsured companies be 
in compliance with the Freedom to E-File Act and section 508 of the 
Rehabilitation Act.

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.

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.

Regulatory Flexibility Act

    FCIC certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. Written 
agreement requirements for the Federal crop insurance program are the 
same for all producers regardless of the size of their operations. For 
instance, all producers requesting this type of written agreement must 
submit actual yields for at least the most recent three crops years in 
which the crop was planted during the base period. Any producer who did 
not produce the crop for at least three years, for which the written 
agreement is requested, must submit actual yields for a similar crop, 
or a combination of actual yields for the crop and a similar crop in 
the county for which the written agreement is being requested. Whether 
a producer has 10 acres or 100 acres there is no difference in the kind 
of information required for requesting a written agreement. 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 change helps 
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 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 interim 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. With respect to any direct action taken by FCIC 
or to require the insurance provider to take specific action under the 
terms of the crop insurance policy, the administrative appeal 
provisions published at 7 CFR part 11 must be exhausted before any 
action against FCIC for judicial review may be brought.

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.

Background

    Section 508(a)(4)(B) of the Federal Crop Insurance Act (Act) 
involves areas in the United States where crop insurance is not 
available for a particular commodity and authorizes FCIC to offer to 
enter into a written agreement with producers in such areas if the 
producer has actuarially sound data relating to the production by the 
producer of the commodity and the data is acceptable to FCIC. FCIC 
interpreted this provision to mean producers would have to provide 
verifiable records of actual yields of the crop to be insured for the 
last three years the crop was grown and incorporated this requirement 
into the Basic Provisions.
    Section 780 of the 2006 Appropriations Act amended section 
508(a)(4)(B) to allow FCIC to offer to enter into a written agreement 
with producers in such areas if the producer has actuarially sound data 
relating to the production by the producer of a similar commodity and 
the data is acceptable to FCIC. To incorporate this change into the 
policy, FCIC must revise those provisions of the Basic Provisions that 
limit records of actual yields to the commodity to be insured to allow 
records of yields for similar commodities to be used in underwriting 
written agreements.
    Specifically, FCIC is amending section 18(f)(2)(i) of the Basic 
Provisions to differentiate between when the producer has records of 
production for the crop to be insured under the written agreement and 
when the producer has records of a similar crop or a combination of 
records for a similar crop and records of the same crop that will be 
insured. FCIC is adding provisions that specify that to be considered a 
crop that is similar to the crop for which a written agreement is being 
requested, it must fit into one of a broad grouping of crops the 
producer has grown in the past (e.g. row crops, tree crops, vine crops, 
bush crops, etc.) and the agronomic and risk factors must be 
sufficiently similar to allow FCIC to properly determine whether there 
is a risk that program integrity may be impaired by the use of the 
records of the

[[Page 71751]]

other commodity (for example, could it lead to over insurance of the 
crop for which a written agreement is sought) and whether an 
actuarially sound premium rate can be determined that will cover the 
anticipated losses and a reasonable reserve for the crop for which a 
written agreement is being sought.
    Good cause is shown to make this rule effective upon filing for 
public inspection at the Office of the Federal Register. Good cause to 
make the rule effective upon filing at the Office of the Federal 
Register exists when the 30 day delay in the effective date is 
impracticable, unnecessary, or contrary to the public interest. The 
changes in this rule are statutorily mandated.
    With respect to the provisions of this rule, it would be contrary 
to the public interest to delay its implementation. Further, such 
changes regarding written agreements for producers in areas of the 
United States where crop insurance is not available for a particular 
commodity are in the public interest. This is because the changes will 
allow a producer to submit records of a crop that is similar to the 
crop for which insurance is being requested, and expand the 
availability of insurance for a producer who may not have previously 
qualified.
    If FCIC is required to delay the implementation of this rule 30 
days after the date it is published, the provisions of this rule could 
not be implemented until the next crop year for those crops having a 
contract change date prior to the effective date of this publication. 
This would mean that the affected producers would be without the 
benefits described above for an additional year.
    For the reasons stated above, good cause exists to make these 
policy changes effective upon filing with the Office of the Federal 
Register.

List of Subjects in 7 CFR Part 457

    Crop insurance, Reporting and recordkeeping requirements.

Interim Rule

0
Accordingly, as set forth in the preamble, the Federal Crop Insurance 
Corporation amends 7 CFR part 457 effective for the 2006 and succeeding 
crop years for all crops with a contract change date on or after the 
effective date of this rule and for the 2007 and succeeding crop years 
for all crops with a contract change date prior to the effective date 
of this rule, as follows:

PART 457--COMMON CROP INSURANCE REGULATIONS

0
1. The authority citation for 7 CFR part 457 continues to read as 
follows:

    Authority: 7 U.S.C. 1506(l), 1506(p).

0
2. Amend Sec.  457.8, as follows:
0
(a) Revise section 18(f)(2)(i); and
0
(b) Revise section 18(f)(2)(ii).
    The revised sections read as follows:
    18. Written Agreements
* * * * *
    (f) * * *
* * * * *
    (2) * * *
    (i) A completed APH form (except for policies that do not require 
APH) based on verifiable records of actual yields for:
    (A) The crop and county for which the written agreement is being 
requested (the actual yields do not necessarily have to be from the 
same physical acreage for which you are requesting a written agreement) 
for at least the most recent three crop years in which the crop was 
planted during the base period; or
    (B) A similar crop in the county, or a combination of actual yields 
for a similar crop in the county and the crop in the county for which 
the written agreement is being requested if you have not produced the 
crop for which the written agreement is being requested for at least 
three crop years.
    (1) To be considered a similar crop to the crop for which a written 
agreement is being requested, such crop must:
    (i) Be included in the same category of crops, e.g., row crops 
(including, but not limited to, small grains, coarse grains, and oil 
seed crops), vegetable crops grown in rows, tree crops, vine crops, 
bush crops, etc., as defined by FCIC;
    (ii) Have substantially the same growing season (i.e., normally 
planted around the same dates and harvested around the same dates);
    (iii) Require comparable agronomic conditions (e.g., comparable 
water, soil, etc. needs); and
    (iv) Be subject to substantially the same risks (frequency and 
severity of loss would be expected to be comparable from the same cause 
of loss);
    (2) The actual yields for the similar crop do not necessarily have 
to be from the same physical acreage for which you are requesting a 
written agreement;
    (ii) Acceptable production records for at least the most recent 
three crop years in which the crop or a similar crop was planted;
* * * * *

    Signed in Washington, DC, on November 22, 2005.
Eldon Gould,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 05-23509 Filed 11-25-05; 4:21 pm]
BILLING CODE 3410-08-P