Common Crop Insurance Regulations; Walnut Crop Insurance Provisions; Almond Crop Insurance Provisions, 10908-10909 [E7-4333]
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10908
Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
RIN 0563–AC08
Common Crop Insurance Regulations;
Walnut Crop Insurance Provisions;
Almond 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;
Walnut Crop Insurance Provisions and
Almond Crop Insurance Provisions. The
intended effect of this action is to
change the insurable age requirements
for almonds and walnuts.
EFFECTIVE DATE: April 11, 2007.
FOR FURTHER INFORMATION CONTACT: John
McDonald, Risk Management Specialist,
Deputy Administrator for Product
Management, Product Administrator
and Standards Division, Risk
Management Agency, at the Kansas City,
MO, address listed above; telephone
(816) 926–7730.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this rule is
non-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 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.
hsrobinson on PROD1PC76 with RULES
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
VerDate Aug<31>2005
17:49 Mar 09, 2007
Jkt 211001
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 crop 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.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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 proposed 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
On Tuesday, March 21, 2006, FCIC
published a notice of proposed
rulemaking in the Federal Register at 71
FR 6016–6021 to amend 7 CFR 457.122
Walnut crop insurance provisions and 7
CFR 457.123 Almond crop insurance
provisions effective for the 2008 and
succeeding crop years.
The public was afforded 60 days to
submit written comments and opinions.
The commenters were an insurance
services organization and an insurance
provider. The comments received and
FCIC’s response is as follows:
Comment: Two commenters
recommended changing the language in
section 6(d) of the Walnut Crop
Provisions and section 6(e) of the
Almond Crop Provisions from ‘‘unless
otherwise provided in the Special
Provisions or by written agreement’’ to
read; ‘‘unless otherwise provided in the
Special Provisions or we agree in
writing’’.
The commenters concerns with
issuing written agreements to insure
production from underage trees would
require approved insurance providers to
submit all policies to the Regional
Office for written agreement
consideration. Currently, insureds have
the ability to insure production from
E:\FR\FM\12MRR1.SGM
12MRR1
Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Rules and Regulations
underage almond and walnut trees at all
coverage levels by ‘‘we agree in writing’’
under the current Crop Provisions.
The commenters state that approved
insurance providers would be faced
with a difficult and costly task to abide
by all documentation requirements for
written agreement submissions within
the standard 15 business days after the
sales closing date and thus result in the
insured potentially not getting
insurance coverage timely. As a result,
the use of the written agreements as a
means to provide coverage for
production from underage almond and
walnut trees would be burdensome to
the producer.
The commenters also state that
producers now have the ability to insure
production from underage almond and
walnut trees at the catastrophic risk
protection (CAT) level. They claim the
current proposal would make CAT
policies ineligible for this insurance
coverage under the written agreement
criteria, since written agreements are
not available under CAT coverage.
The commenters state that the use of
‘‘we agree in writing’’ language allows
the approved insurance providers and
RO’s to efficiently process the request to
insure production from underage
almond and walnut trees. Any deviation
from this process would be resisted by
the AIPs, Regional Office, agents and
insureds.
Response: FCIC realized that the
proposed language would have
needlessly imposed a heavy burden on
producers, agents, AIPs and ROs.
However, the preamble of the policy
only allows deviation from the policy
terms if allowed by written agreement.
Therefore, use of the term ‘‘agree in
writing’’ is not a viable solution.
Instead, FCIC has amended the language
to state coverage on production from
under-aged trees is allowed if provided
for in the Special Provisions. This
change will provide insurance coverage
for production from under-aged trees
without the need to have a written
agreement. This will also allow coverage
to be available at all buy-up coverage
levels and at the CAT level of coverage.
List of Subjects in 7 CFR Part 457
hsrobinson on PROD1PC76 with RULES
Crop insurance, Walnut and Almond,
Reporting and record keeping
requirements.
Accordingly, as set forth in the
preamble, the Federal Crop Insurance
Corporation amends 7 CFR part 457,
Common Crop Insurance Regulations,
for the 2008 and succeeding crop years
as follows:
I
VerDate Aug<31>2005
17:49 Mar 09, 2007
Jkt 211001
PART 457—COMMON CROP
INSURANCE REGULATIONS
10909
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
1. The authority citation for 7 CFR
part 457 continues to read as follows:
I
Authority: 7 U.S.C. 1506(l), 1506(p).
14 CFR Part 39
I
[Docket No. FAA–2006–25105; Directorate
Identifier 2006–CE–33–AD; Amendment 39–
14982; AD 2007–06–01]
I
RIN 2120–AA64
2. Amend § 457.122 as follows:
A. Revise the first sentence of the
introductory text.
I B. Revise paragraph 6(d).
The revisions to § 457.122 read as
follows:
§ 457.122 Walnut crop insurance
provisions.
The Walnut Crop Insurance
Provisions for the 2008 and succeeding
crop years are as follows:
*
*
*
*
*
6. Insured Crop
*
*
*
*
*
(d) On acreage where at least 90
percent of the trees have reached at least
the seventh growing season after being
set out, unless otherwise provided in
the Special Provisions.
*
*
*
*
*
3. Amend § 457.123 as follows:
A. Revise the first sentence of the
introductory text.
I B. Revise paragraph 6(e).
The revisions to § 457.123 read as
follows:
I
I
§ 457.123 Almond crop insurance
provisions.
The Almond Crop Insurance
Provisions for the 2008 and succeeding
crop years are as follows:
*
*
*
*
*
6. Insured Crop
*
*
*
*
*
(e) On acreage where at least 90
percent of the trees have reached at least
the sixth growing season after being set
out, unless otherwise provided in the
Special Provisions.
*
*
*
*
*
Signed in Washington, DC, on March 6,
2007.
Eldon Gould,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. E7–4333 Filed 3–9–07; 8:45 am]
BILLING CODE 3410–08–P
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Airworthiness Directives; Raytheon
Aircraft Company Beech Models 45
(YT–34), A45 (T–34A, B–45), and D45
(T–34B) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) that
supersedes AD 62–24–01, which applies
to all Raytheon Aircraft Company (RAC)
Beech Models 45 (YT–34), A45 (T–34A,
B45), and D45 (T–34B) airplanes. AD
62–24–01 currently requires you to
repetitively inspect, using the dye
penetrant method, the front and rear
horizontal stabilizer spars for cracks and
replace any cracked stabilizer. Since we
issued AD 62–24–01, we determined
that using the dye penetrant inspection
method may not detect cracks before the
crack grows to a critical length and
causes failure of the horizontal stabilizer
spars. Therefore, we are requiring the
surface eddy current inspection method
to detect cracks in the horizontal
stabilizer spars. Consequently, this AD
retains the actions required in AD 62–
24–01 and changes the required
inspection method from dye penetrant
to surface eddy current. We are issuing
this AD to prevent failure of the front
and/or rear horizontal stabilizer spars
caused by fatigue cracks. This failure
could result in stabilizer separation and
loss of control of the airplane.
DATES: This AD becomes effective on
April 16, 2007.
ADDRESSES: To view the AD docket, go
to the Docket Management Facility, U.S.
Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001 or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2006–25105; Directorate Identifier
2006–CE–33–AD.
FOR FURTHER INFORMATION CONTACT: T.N.
Baktha, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office,
1801 Airport Road, Mid-Continent
Airport, Wichita, Kansas 67209;
telephone: (316) 946–4155; fax: (316)
946–4107.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\12MRR1.SGM
12MRR1
Agencies
[Federal Register Volume 72, Number 47 (Monday, March 12, 2007)]
[Rules and Regulations]
[Pages 10908-10909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4333]
[[Page 10908]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
RIN 0563-AC08
Common Crop Insurance Regulations; Walnut Crop Insurance
Provisions; Almond 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; Walnut Crop Insurance Provisions and
Almond Crop Insurance Provisions. The intended effect of this action is
to change the insurable age requirements for almonds and walnuts.
EFFECTIVE DATE: April 11, 2007.
FOR FURTHER INFORMATION CONTACT: John McDonald, Risk Management
Specialist, Deputy Administrator for Product Management, Product
Administrator and Standards Division, Risk Management Agency, at the
Kansas City, MO, address listed above; telephone (816) 926-7730.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
rule is non-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 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 crop 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 proposed 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
On Tuesday, March 21, 2006, FCIC published a notice of proposed
rulemaking in the Federal Register at 71 FR 6016-6021 to amend 7 CFR
457.122 Walnut crop insurance provisions and 7 CFR 457.123 Almond crop
insurance provisions effective for the 2008 and succeeding crop years.
The public was afforded 60 days to submit written comments and
opinions. The commenters were an insurance services organization and an
insurance provider. The comments received and FCIC's response is as
follows:
Comment: Two commenters recommended changing the language in
section 6(d) of the Walnut Crop Provisions and section 6(e) of the
Almond Crop Provisions from ``unless otherwise provided in the Special
Provisions or by written agreement'' to read; ``unless otherwise
provided in the Special Provisions or we agree in writing''.
The commenters concerns with issuing written agreements to insure
production from underage trees would require approved insurance
providers to submit all policies to the Regional Office for written
agreement consideration. Currently, insureds have the ability to insure
production from
[[Page 10909]]
underage almond and walnut trees at all coverage levels by ``we agree
in writing'' under the current Crop Provisions.
The commenters state that approved insurance providers would be
faced with a difficult and costly task to abide by all documentation
requirements for written agreement submissions within the standard 15
business days after the sales closing date and thus result in the
insured potentially not getting insurance coverage timely. As a result,
the use of the written agreements as a means to provide coverage for
production from underage almond and walnut trees would be burdensome to
the producer.
The commenters also state that producers now have the ability to
insure production from underage almond and walnut trees at the
catastrophic risk protection (CAT) level. They claim the current
proposal would make CAT policies ineligible for this insurance coverage
under the written agreement criteria, since written agreements are not
available under CAT coverage.
The commenters state that the use of ``we agree in writing''
language allows the approved insurance providers and RO's to
efficiently process the request to insure production from underage
almond and walnut trees. Any deviation from this process would be
resisted by the AIPs, Regional Office, agents and insureds.
Response: FCIC realized that the proposed language would have
needlessly imposed a heavy burden on producers, agents, AIPs and ROs.
However, the preamble of the policy only allows deviation from the
policy terms if allowed by written agreement. Therefore, use of the
term ``agree in writing'' is not a viable solution. Instead, FCIC has
amended the language to state coverage on production from under-aged
trees is allowed if provided for in the Special Provisions. This change
will provide insurance coverage for production from under-aged trees
without the need to have a written agreement. This will also allow
coverage to be available at all buy-up coverage levels and at the CAT
level of coverage.
List of Subjects in 7 CFR Part 457
Crop insurance, Walnut and Almond, Reporting and record keeping
requirements.
0
Accordingly, as set forth in the preamble, the Federal Crop Insurance
Corporation amends 7 CFR part 457, 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. Amend Sec. 457.122 as follows:
0
A. Revise the first sentence of the introductory text.
0
B. Revise paragraph 6(d).
The revisions to Sec. 457.122 read as follows:
Sec. 457.122 Walnut crop insurance provisions.
The Walnut Crop Insurance Provisions for the 2008 and succeeding
crop years are as follows:
* * * * *
6. Insured Crop
* * * * *
(d) On acreage where at least 90 percent of the trees have reached
at least the seventh growing season after being set out, unless
otherwise provided in the Special Provisions.
* * * * *
0
3. Amend Sec. 457.123 as follows:
0
A. Revise the first sentence of the introductory text.
0
B. Revise paragraph 6(e).
The revisions to Sec. 457.123 read as follows:
Sec. 457.123 Almond crop insurance provisions.
The Almond Crop Insurance Provisions for the 2008 and succeeding
crop years are as follows:
* * * * *
6. Insured Crop
* * * * *
(e) On acreage where at least 90 percent of the trees have reached
at least the sixth growing season after being set out, unless otherwise
provided in the Special Provisions.
* * * * *
Signed in Washington, DC, on March 6, 2007.
Eldon Gould,
Manager, Federal Crop Insurance Corporation.
[FR Doc. E7-4333 Filed 3-9-07; 8:45 am]
BILLING CODE 3410-08-P