Common Crop Insurance Regulations; Nursery Crop Insurance Provisions, 74455-74456 [E6-21033]
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74455
Rules and Regulations
Federal Register
Vol. 71, No. 238
Tuesday, December 12, 2006
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.
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
RIN 0563–AC13
Common Crop Insurance Regulations;
Nursery Crop Insurance Provisions
Federal Crop Insurance
Corporation, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Federal Crop Insurance
Corporation (FCIC) finalizes the
Common Crop Insurance Regulations,
Nursery Crop Insurance Provisions by
amending the definition of ‘‘liners.’’
FCIC also finalizes the Nursery Peak
Inventory Endorsement to clarify that
the peak amount of insurance is limited
to 200 percent of the amount of
insurance established under the Nursery
Crop Insurance Provisions. The
amendments will be applicable to the
2008 and succeeding crop years.
DATES: Effective date: This rule is
effective January 11, 2007.
Applicability: This rule is applicable
to the 2008 and succeeding crop years.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Claire
Elsea, Economist, Product Management,
Product Administration and Standards
Division, Risk Management Agency,
6501 Beacon Dr., Stop 0812, Room 421,
Kansas City, MO, 64118, telephone
(816) 926–7730.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
Executive Order 12866
This rule has been determined to be
not-significant for the purposes of
Executive Order 12866 and, therefore, it
has not been reviewed by 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
VerDate Aug<31>2005
17:58 Dec 11, 2006
Jkt 211001
have been approved by OMB under
control number 0563–0053 through
November 30, 2007.
E-Government Act Compliance
FCIC is committed to complying with
the E-Government Act, 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), Public
Law 104–4, 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 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. 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,
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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
preempts 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, and safety. Therefore, neither an
Environmental Assessment nor an
Environmental Impact Statement is
needed.
Background
This rule finalizes proposed changes
made to 7 CFR 457.162 (Nursery Crop
Insurance Provisions) and 7 CFR
457.163 (Nursery Peak Inventory
Endorsement) that were published by
FCIC on September 1, 2006, as a notice
E:\FR\FM\12DER1.SGM
12DER1
jlentini on PROD1PC65 with RULES
74456
Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / Rules and Regulations
of proposed rulemaking in the Federal
Register at 71 FR 52013–52014. In the
Nursery Crop Provisions, FCIC proposed
to amend the definition of ‘‘liners’’ to
remove language that specifies an
established root system for a liner plant
must reach the sides of the container
and removed language regarding the
firm root ball. These changes were
necessary because liners are also known
as starter plants, which often have not
developed a root system that reaches the
sides of the containers. In the Nursery
Peak Inventory Endorsement, FCIC
proposed to amend provisions to clarify
that the maximum increase in the
amount of insurance under the Nursery
Peak Inventory Endorsement is limited
to twice the amount of insurance under
the Nursery Crop Insurance Provisions.
As currently written in the Nursery Peak
Inventory Endorsement, the peak
amount of insurance is limited to 200
percent of the basic unit value. This
means that if a basic unit value is $50
the producer could increase the peak
amount of insurance to $100 (200
percent of $50 basic unit value), which
is a four fold increase in liability. FCIC
never intended to allow such an
increase. It meant to only allow
increases up to twice the amount of
insurance under the policy, not on a per
unit basis.
The public was afforded 60 days to
submit written comments after the
regulation was published in the Federal
Register. One comment was received
from three commenters. The
commenters were a reinsured company,
an insurance services organization and
a grower association. The comment
received and FCIC’s response are as
follows:
Comment: All three commenters
stated they are in agreement with the
proposed changes. One commenter also
commends FCIC’s willingness to move
forward with the amendment to the
definition of ‘‘liners.’’ The commenter
states the current language has been an
obstacle for most liner producers from
purchasing nursery crop insurance
policies. Another commenter agrees the
amendment to the policy provisions is
necessary and a major improvement to
the nursery program.
Response: FCIC agrees the changes to
the Peak Inventory Endorsement and the
definition of ‘‘liners’’ in the Nursery
Crop Insurance Provisions will provide
a better risk management tool to nursery
producers.
Final Rule
DEPARTMENT OF TRANSPORTATION
Accordingly, as set forth in the
preamble, the Federal Crop Insurance
Corporation amends 7 CFR part 457 the
Common Crop Insurance Regulations,
for the 2008 and succeeding crop years,
as follows:
Federal Aviation Administration
I
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. Revise the definition of ‘‘liners’’ in
section 1 of § 457.162 to read as follows:
I
§ 457.162 Nursery crop insurance
provisions.
*
*
*
*
*
1. Definitions.
*
*
*
*
*
Liners. Plants produced in standard
nursery containers that are equal to or
greater than 1 inch in diameter
(including trays containing 200 or fewer
individual cells, unless specifically
provided by the Special Provisions) but
less than 3 inches in diameter at the
widest point of the container or cell
interior, have an established root
system, and meet all other conditions
specified in the Special Provisions.
*
*
*
*
*
3. Revise paragraph 7 of § 457.163 to
read as follows:
I
§ 457.163 Nursery peak inventory
endorsement.
*
*
*
*
*
7. Liability Limit.
The peak amount of insurance is
limited to 200 percent of the amount of
insurance established under the Nursery
Crop Insurance Provisions.
Signed in Washington, DC, on November
30, 2006.
Eldon Gould,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. E6–21033 Filed 12–11–06; 8:45 am]
BILLING CODE 3410–08–P
List of Subjects in 7 CFR Part 457
Crop insurance, Nursery, Reporting
and recordkeeping requirements.
VerDate Aug<31>2005
17:58 Dec 11, 2006
Jkt 211001
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
14 CFR Part 23
[Docket No. CE262; Special Conditions No.
23–202–SC]
Special Conditions: AmSafe,
Incorporated; Pilatus Aircraft Ltd.,
Models PC–12, PC–12/45 and PC–12/
47; Inflatable Three-Point Restraint
Safety Belt With an Integrated Airbag
Device
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
SUMMARY: These special conditions are
issued to AmSafe, Inc. for the
installation of an AmSafe, Inc.,
Inflatable Three-Point Restraint Safety
Belt with an Integrated Airbag Device on
Pilatus models PC–12, PC–12/45 and
PC–12/47. These airplanes, as modified
by AmSafe, Inc. for the installation of
this inflatable safety belt, will have
novel and unusual design features
associated with the lap-belt restraint
portions of the three-point safety belt,
which contains an integrated airbag
device. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: The effective date of these
special conditions is November 29,
2006. We must receive your comments
on or before January 11, 2007.
ADDRESSES: Mail two copies of your
comments on these special conditions
to: Federal Aviation Administration
(FAA), Regional Counsel, ACE–7,
Attention: Rules Docket, Docket No.
CE262, 901 Locust, Room 506, Kansas
City, Missouri 64106, or delivered two
copies to the Regional Counsel at the
above address. Mark your comments:
Docket No. CE262. You may inspect
comments in the Rules Docket
weekdays, except Federal holidays,
between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Mr.
Bob Stegeman, Federal Aviation
Administration, Aircraft Certification
Service, Small Airplane Directorate,
ACE–111, 901 Locust, Kansas City,
Missouri, 816–329–4140, fax 816–329–
4090, e-mail Robert.Stegeman@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
E:\FR\FM\12DER1.SGM
12DER1
Agencies
[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Rules and Regulations]
[Pages 74455-74456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21033]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 /
Rules and Regulations
[[Page 74455]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
RIN 0563-AC13
Common Crop Insurance Regulations; Nursery Crop Insurance
Provisions
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes the
Common Crop Insurance Regulations, Nursery Crop Insurance Provisions by
amending the definition of ``liners.'' FCIC also finalizes the Nursery
Peak Inventory Endorsement to clarify that the peak amount of insurance
is limited to 200 percent of the amount of insurance established under
the Nursery Crop Insurance Provisions. The amendments will be
applicable to the 2008 and succeeding crop years.
DATES: Effective date: This rule is effective January 11, 2007.
Applicability: This rule is applicable to the 2008 and succeeding
crop years.
FOR FURTHER INFORMATION CONTACT: For further information, contact
Claire Elsea, Economist, Product Management, Product Administration and
Standards Division, Risk Management Agency, 6501 Beacon Dr., Stop 0812,
Room 421, Kansas City, MO, 64118, 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, it has not been
reviewed by 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
OMB under control number 0563-0053 through November 30, 2007.
E-Government Act Compliance
FCIC is committed to complying with the E-Government Act, 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), Public
Law 104-4, 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 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. 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 preempts 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, and safety. Therefore,
neither an Environmental Assessment nor an Environmental Impact
Statement is needed.
Background
This rule finalizes proposed changes made to 7 CFR 457.162 (Nursery
Crop Insurance Provisions) and 7 CFR 457.163 (Nursery Peak Inventory
Endorsement) that were published by FCIC on September 1, 2006, as a
notice
[[Page 74456]]
of proposed rulemaking in the Federal Register at 71 FR 52013-52014. In
the Nursery Crop Provisions, FCIC proposed to amend the definition of
``liners'' to remove language that specifies an established root system
for a liner plant must reach the sides of the container and removed
language regarding the firm root ball. These changes were necessary
because liners are also known as starter plants, which often have not
developed a root system that reaches the sides of the containers. In
the Nursery Peak Inventory Endorsement, FCIC proposed to amend
provisions to clarify that the maximum increase in the amount of
insurance under the Nursery Peak Inventory Endorsement is limited to
twice the amount of insurance under the Nursery Crop Insurance
Provisions. As currently written in the Nursery Peak Inventory
Endorsement, the peak amount of insurance is limited to 200 percent of
the basic unit value. This means that if a basic unit value is $50 the
producer could increase the peak amount of insurance to $100 (200
percent of $50 basic unit value), which is a four fold increase in
liability. FCIC never intended to allow such an increase. It meant to
only allow increases up to twice the amount of insurance under the
policy, not on a per unit basis.
The public was afforded 60 days to submit written comments after
the regulation was published in the Federal Register. One comment was
received from three commenters. The commenters were a reinsured
company, an insurance services organization and a grower association.
The comment received and FCIC's response are as follows:
Comment: All three commenters stated they are in agreement with the
proposed changes. One commenter also commends FCIC's willingness to
move forward with the amendment to the definition of ``liners.'' The
commenter states the current language has been an obstacle for most
liner producers from purchasing nursery crop insurance policies.
Another commenter agrees the amendment to the policy provisions is
necessary and a major improvement to the nursery program.
Response: FCIC agrees the changes to the Peak Inventory Endorsement
and the definition of ``liners'' in the Nursery Crop Insurance
Provisions will provide a better risk management tool to nursery
producers.
List of Subjects in 7 CFR Part 457
Crop insurance, Nursery, Reporting and recordkeeping requirements.
Final Rule
0
Accordingly, as set forth in the preamble, the Federal Crop Insurance
Corporation amends 7 CFR part 457 the Common Crop Insurance
Regulations, for the 2008 and succeeding crop years, 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. Revise the definition of ``liners'' in section 1 of Sec. 457.162 to
read as follows:
Sec. 457.162 Nursery crop insurance provisions.
* * * * *
1. Definitions.
* * * * *
Liners. Plants produced in standard nursery containers that are
equal to or greater than 1 inch in diameter (including trays containing
200 or fewer individual cells, unless specifically provided by the
Special Provisions) but less than 3 inches in diameter at the widest
point of the container or cell interior, have an established root
system, and meet all other conditions specified in the Special
Provisions.
* * * * *
0
3. Revise paragraph 7 of Sec. 457.163 to read as follows:
Sec. 457.163 Nursery peak inventory endorsement.
* * * * *
7. Liability Limit.
The peak amount of insurance is limited to 200 percent of the
amount of insurance established under the Nursery Crop Insurance
Provisions.
Signed in Washington, DC, on November 30, 2006.
Eldon Gould,
Manager, Federal Crop Insurance Corporation.
[FR Doc. E6-21033 Filed 12-11-06; 8:45 am]
BILLING CODE 3410-08-P