[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Proposed Rules]
[Pages 47214-47215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18821]

Proposed Rules
                                                Federal Register

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.


Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / 
Proposed Rules

[[Page 47214]]


Federal Crop Insurance Corporation

7 CFR Part 457

[Docket No. FCIC-13-0002]
RIN 0563-AC41

Common Crop Insurance Regulations; Extra Long Staple Cotton Crop 

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Proposed rule.


SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to 
amend the Common Crop Insurance Regulations, Extra Long Staple (ELS) 
Cotton Crop Insurance Provisions to make the ELS Cotton Crop Insurance 
Provisions consistent with the Upland Cotton Crop Insurance Provisions 
and to allow a late planting period. The intended effect of this action 
is to provide policy changes and to better meet the needs of the 
producers. The changes will apply for the 2014 and succeeding crop 

DATES: Written comments and opinions on this proposed rule will be 
accepted until close of business September 4, 2013 and will be 
considered when the rule is to be made final.

ADDRESSES: FCIC prefers that comments be submitted electronically 
through the Federal eRulemaking Portal. You may submit comments, 
identified by Docket ID No. FCIC-13-0002 by any of the following 
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Director, Product Administration and Standards 
Division, Risk Management Agency, United States Department of 
Agriculture, P.O. Box 419205, Kansas City, MO 64133-6205. All comments 
received, including those received by mail, will be posted without 
change to http://www.regulations.gov, including any personal 
information provided, and can be accessed by the public.

All comments must include the agency name and docket number or 
Regulatory Information Number (RIN) for this rule. For detailed 
instructions on submitting comments and additional information, see 
http://www.regulations.gov. If you are submitting comments 
electronically through the Federal eRulemaking Portal and want to 
attach a document, we ask that it be in a text-based format. If you 
want to attach a document that is a scanned Adobe PDF file, it must be 
scanned as text and not as an image, thus allowing FCIC to search and 
copy certain portions of your submissions. For questions regarding 
attaching a document that is a scanned Adobe PDF file, please contact 
the RMA Web Content Team at (816) 823-4694 or by email at 
    Privacy Act: Anyone is able to search the electronic form of all 
comments received for any dockets by the name of the person submitting 
the comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review the complete 
User Notice and Privacy Notice for Regulations.gov at http://www.regulations.gov/#!privacyNotice.

FOR FURTHER INFORMATION CONTACT: Claire White, Economist, Product 
Management, Product Administration and Standards Division, Risk 
Management Agency, at the Kansas City, MO, address listed above, 
telephone (816) 926-7730.


Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule is not-significant for the purpose 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.

E-Government Act Compliance

    FCIC 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.

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 

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. The review reveals that this regulation will not have 
substantial and direct effects on Tribal governments and will not have 
significant Tribal implications.

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, and all producers are required to submit a notice of 
loss and production information to determine the amount of an indemnity 
payment in the event of an insured cause of crop loss. Whether a 
producer has 10 acres or

[[Page 47215]]

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 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 action by FCIC 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.


    FCIC proposes to amend the Common Crop Insurance Regulations (7 CFR 
part 457) by revising Sec.  457.105 Extra Long Staple Cotton Crop 
Insurance Provisions to be effective for the 2014 and succeeding crop 
years. Requests from the public have been made for changes to improve 
the coverage offered, address program integrity issues, and simplify 
program administration. The provisions will be effective for the 2014 
and succeeding crop years.
    The proposed changes to Sec.  457.105 are as follows:
    1. Section 9--FCIC proposes to revise section 9 to make it more 
consistent with the language currently in the Cotton Crop Provisions 
(Sec.  457.104). The ELS Crop Provisions currently include language 
that is already contained in the Basic Provisions. By making the 
language in certain sections of the ELS Cotton Crop Provisions more 
consistent with the Cotton Crop Provisions, both Crop Provisions will 
be the same and duplicative language between the ELS Cotton Crop 
Provisions and the Basic Provisions can be removed.
    2. Section 11--FCIC proposes to allow for a late planting period if 
permitted by the Special Provisions. FCIC received inquiries from 
cotton producers and producer groups requesting a late planting 
provision. A late planting provision is available for Upland cotton 
which is insured under the Cotton Crop Provisions, but not for ELS 
cotton. The cotton industry requested a late planting option be 
available for both Upland cotton and ELS cotton. Based on research data 
of producers' planting practices and yields information from the 
University of California Cooperative Extension, a late planting period 
that extends from the April 30 final planting date to early May has 
minor impact to yields given historically favorable weather conditions 
in May. FCIC also proposes to revise section 11 to remove language that 
is contained in the Basic Provisions regarding late planting because it 
is duplicative and no longer needed.

List of Subjects in 7 CFR Part 457

    Crop insurance, Extra Long Staple Cotton, Reporting and 
recordkeeping requirements.

Proposed Rule

    Accordingly, as set forth in the preamble, the Federal Crop 
Insurance Corporation proposes to amend 7 CFR part 457 effective for 
the 2014 and succeeding crop years to read as follows:


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

    Authority: 7 U.S.C. 1506(1), 1506(o).

2. Amend Sec.  457.105 as follows:
a. Amend the introductory text by removing ``2012'' and adding ``2014'' 
in its place;
b. Revise section 9; and
c. Revise section 11.
    The revisions read as follows:

Sec.  457.105  Extra long staple cotton crop insurance provisions.

* * * * *
9. Duties in the Event of Loss or Damage.
    (a) In addition to your duties under section 14 of the Basic 
Provisions, in the event of damage or loss:
    (1) You must give us notice if you intend to replant any acreage 
originally planted to ELS cotton to AUP cotton; and
    (2) The cotton stalks must remain intact for our inspection. The 
stalks must not be destroyed, and required samples must not be 
harvested, until the earlier of our inspection or 15 days after harvest 
of the balance of the unit is completed and written notice of probable 
loss given to us.
    (b) Representative samples are required in accordance with section 
14 of the Basic Provisions.
* * * * *
11. Late Planting.
    (a) A late planting period is applicable to ELS cotton, if allowed 
by the Special Provisions.
    (b) If the Special Provisions do not provide for a late planting 
period, any ELS cotton that is planted after the final planting date 
will not be insured unless you were prevented from planting it by the 
final planting date. Such acreage will be insurable, and the production 
guarantee and premium for the acreage will be determined in accordance 
with section 16 of the Basic Provisions.
* * * * *

    Signed in Washington, DC, on July 29, 2013.
Michael Alston,
Acting Manager, Federal Crop Insurance Corporation.
[FR Doc. 2013-18821 Filed 8-2-13; 8:45 am]