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control number 0563–0053 through
February 28, 2005.
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. The amount of
information collected may be
determined by farm size but it is the
larger farms that would have to report
more information because they are
likely to have more acreage. 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 will
preempt State and local laws to the
extent such State and local laws are
inconsistent herewith. With respect to
any action taken by FCIC under the
terms of the crop insurance policy, the
administrative appeal provisions
published at 7 CFR part 11 or 7 CFR
400.169, as applicable, must be
exhausted before any action for judicial
review of any determination or action
by FCIC may be brought.
Environmental Evaluation
This action is not expected to have a
significant impact on the quality of the
human environment, health, and safety.
Therefore, neither an Environmental
Assessment nor an Environmental
Impact Statement is needed.
Background
FCIC proposes to amend the Common
Crop Insurance Regulations (7 CFR part
457) by amending § 457.134 Peanut
Crop Insurance Provisions effective for
the 2005 and succeeding crop years.
This rule will remove and reserve
section 2 of the Peanut Crop Insurance
Provisions, which will allow optional
units for peanuts to be established in
accordance with section 34 of the
Common Crop Insurance Policy Basic
Provisions (Basic Provisions). Under the
current Peanut Crop Insurance
Provisions, optional units for peanuts
are only allowed by Farm Serial Number
(FSN). Prior to the Farm Security and
Rural Investment Act of 2002 (2002
Farm Bill), peanut producers were
required to report their peanut acreage
and production to their county Farm
Service Agency (FSA) office. The FSA
Federal Register / Vol. 69, No. 95 / Monday, May 17, 2004 / Proposed Rules 27865
office used the information to establish
peanut quotas and peanut farm yields
by FSN. This information served as the
basis for determining a peanut
producer’s production guarantee for
crop insurance purposes. The 2002
Farm Bill repealed peanut quotas,
which caused the peanut crop insurance
program to default to the provisions
specifying that the production guarantee
would be based on the actual
production history (APH) of the
producer. Due to loss of peanut quotas,
peanut producers have requested that
optional units be allowed consistent
with optional units requirements
contained in section 34 of the Basic
Provisions. The proposed change will
allow peanut producers to have optional
units, with an appropriate rate
　
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