[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58333-58334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26736]
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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.
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Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 /
Rules and Regulations
[[Page 58333]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 12
RIN 0563-AC56
Highly Erodible Land Conservation and Wetland Conservation;
Conforming Amendment
AGENCY: Office of the Secretary and Federal Crop Insurance Corporation,
USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the United States Department of
Agriculture regulations to conform to the changes regarding
conservation compliance made by the Federal Crop Insurance Corporation
(FCIC) to its regulations in Catastrophic Risk Protection Endorsement;
Area Risk Protection Insurance Basic Provisions; and Common Crop
Insurance Policy Basic Provisions. These changes will provide more
flexibility for conservation compliance determinations; reduce burdens
on policyholders; and will allow the conservation compliance
certification process for crop insurance to be administered more
consistently with the practices of the Farm Service Agency (FSA).
DATES: This rule is effective December 12, 2017.
FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Risk Management Agency,
telephone (816) 926-7730; Joe Fuchtman, Farm Service Agency, telephone
(202) 260-9146; or Jason Outlaw, Natural Resource Conservation Service,
telephone (202) 720-7838.
SUPPLEMENTARY INFORMATION:
Background
Recently, FCIC published a final rule in the Federal Register,
titled ``General Administrative Regulations; Catastrophic Risk
Protection Endorsement; Area Risk Protection Insurance Regulations; and
the Common Crop Insurance Regulations, Basic Provisions,'' that
included changes to remove the June 1 deadline prior to the July 1
reinsurance year for a Form AD-1026 conservation compliance
certification to be on file with FSA related to ineligibility for
federal crop insurance premium subsidies. The same June 1 deadline was
also included in the USDA regulations in 7 CFR part 12 for Highly
Erodible Land Conservation and Wetland Conservation provisions (also
known as conservation compliance provisions). The FCIC final rule
removed the June 1 deadline from the regulations for Catastrophic Risk
Protection Endorsement, the Area Risk Protection Insurance Basic
Provisions, and the Common Crop Insurance Policy Basic Provisions and
instead requires the AD-1026 to be filed with FSA for the reinsurance
year by the premium billing date unless an exception applies.
USDA is amending the Highly Erodible Land Conservation and Wetland
Conservation provisions to conform to the changes to the Catastrophic
Risk Protection Endorsement, the Area Risk Protection Insurance Basic
Provisions, and the Common Crop Insurance Policy Basic Provisions
regarding conservation compliance.
The specific changes to the Highly Erodible Land Conservation and
Wetland Conservation regulation include removing the date of June 1
from the conservation compliance provisions and adding a reference to
the premium billing date. Because the June 1 date is being removed,
USDA is also revising the exception for farmers who began farming after
June 1 to instead refer to producers who meet the Risk Management
Agency's conditions for farmers who are new to farming, new to crop
insurance, a new entity, or have not previously been required to file
form AD-1026.
These changes will provide more flexibility for FSA conservation
compliance determinations, reduce burdens on policyholders and will
allow the conservation compliance certification process for crop
insurance to be administered more consistently with the way it is
administered for other USDA programs while maintaining conformance to
the Conservation Compliance provisions mandated by the Congress in the
Agricultural Act of 2014.
Executive Orders 12866, 13563, and 13771
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). Executive Order 13563 emphasized the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. The Office of
Management and Budget (OMB) designated this rule as not significant
under Executive Order 12866, ``Regulatory Planning and Review,'' and
therefore, OMB has not reviewed this rule. The rule is not subject to
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory
Costs.''
Paperwork Reduction Act of 1995
Pursuant to the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. chapter 35, subchapter I), the collections of information in
this rule have been approved by OMB under control number 0563-0053.
E-Government Act Compliance
USDA is committed to complying with the E-Government Act of 2002,
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)
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.
[[Page 58334]]
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.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires Federal agencies
to consult and coordinate with tribes on a government-to-government
basis on policies that have tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
USDA has assessed the impact of this rule on Indian tribes and
determined that this rule does not, to our knowledge, have tribal
implications that require tribal consultation under E.O. 13175. If a
Tribe requests consultation, USDA will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions and modifications identified herein are not expressly
mandated by Congress.
Regulatory Flexibility Act
USDA certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation is a conforming amendment to a final rule published by FCIC
that states the Federal crop insurance program is the same for all
producers regardless of the size of their farming operation. For
instance, all producers are required to file an AD-1026 with FSA to be
eligible for premium subsidy. Whether a producer has 10 acres or 1,000
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 (FCIA) authorizes FCIC to waive collection of
administrative fees from limited resource farmers. FCIC believes this
waiver helps to 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 a significant impact on a
substantial number of 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 2 CFR part 415, subpart C.
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.
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.
List of Subjects in 7 CFR Part 12
Crop insurance, Reporting and recordkeeping requirements, Soil
conservation.
Final Rule
Accordingly, as set forth in the preamble, USDA amends 7 CFR part
12 as follows:
PART 12--HIGHLY ERODIBLE LAND CONSERVATION AND WETLAND CONSERVATION
0
1. The authority citation for 7 CFR part 12 continues to read as
follows:
Authority: 16 U.S.C. 3801, 3811-12, 3812a, 3813-3814, and 3821-
3824.
0
2. Amend Sec. 12.13 by revising paragraph (b) to read as follows:
Sec. 12.13 Special Federal crop insurance premium subsidy provisions.
* * * * *
(b) Ineligibility for failing to certify compliance. Subject to
paragraph (b)(2) of this section, failing to certify compliance as
specified in Sec. 12.7 will result in ineligibility as follows:
(1) A Form AD-1026, or successor form, for the person must be filed
with FSA for the reinsurance year in order for the person to be
eligible for any Federal crop insurance premium subsidies for the
reinsurance year. Persons will be ineligible for Federal crop insurance
premium subsidy on their crop insurance policy if form AD-1026, or
successor form, has not been filed with FSA for the reinsurance year by
the premium billing date for their Federally-reinsured crop insurance
policy.
(2) A person that has not filed an AD-1026 for the reinsurance year
by the premium billing date may be eligible for premium subsidy for the
reinsurance year if they provide information necessary for the person's
filing of a Form AD-1026 if the person:
(i) Is unable to file a Form AD-1026 due to circumstances beyond
the person's control, as determined by FSA; or
(ii) Files a Form AD-1026 in good faith and FSA subsequently
determines that additional information is needed, but the person is
unable to comply due to circumstances beyond the control of the person.
(3) A person who does not have Form AD-1026, or successor form, on
file with FSA for the reinsurance year may be eligible for Federal crop
insurance premium subsidy for the initial reinsurance year if the
person can demonstrate they meet RMA's conditions for new to farming,
new to crop insurance, a new entity, or have not previously been
required to file form AD-1026.
* * * * *
Dated: December 1, 2017.
Stephen L. Censky,
Deputy Secretary.
[FR Doc. 2017-26736 Filed 12-11-17; 8:45 am]
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