82 FR 58333 - Highly Erodible Land Conservation and Wetland Conservation; Conforming Amendment
DEPARTMENT OF AGRICULTURE
Office of the Secretary Federal Register Volume 82, Issue 237 (December 12, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 237 (December 12, 2017)
| Page Range | 58333-58334 | |
| FR Document | 2017-26736 |
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)] [Rules and Regulations] [Pages 58333-58334] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26736] ======================================================================== 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. ======================================================================== 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. ----------------------------------------------------------------------- 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] BILLING CODE 3410-08-P
![58334 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
Executive Order 13132 entities are given the same opportunities compliance as specified in § 12.7 will
It has been determined under section as large entities to manage their risks result in ineligibility as follows:
1(a) of Executive Order 13132, through the use of crop insurance. A (1) A Form AD–1026, or successor
Federalism, that this rule does not have Regulatory Flexibility Analysis has not form, for the person must be filed with
sufficient implications to warrant been prepared since this regulation does FSA for the reinsurance year in order for
consultation with the States. The not have a significant impact on a the person to be eligible for any Federal
provisions contained in this rule will substantial number of small entities, crop insurance premium subsidies for
not have a substantial direct effect on and, therefore, this regulation is exempt the reinsurance year. Persons will be
States, or on the relationship between from the provisions of the Regulatory ineligible for Federal crop insurance
the national government and the States, Flexibility Act (5 U.S.C. 605). premium subsidy on their crop
or on the distribution of power and insurance policy if form AD–1026, or
Federal Assistance Program
responsibilities among the various successor form, has not been filed with
This program is listed in the Catalog FSA for the reinsurance year by the
levels of government.
of Federal Domestic Assistance under premium billing date for their Federally-
Executive Order 13175 No. 10.450. reinsured crop insurance policy.
This rule has been reviewed in (2) A person that has not filed an AD–
Executive Order 12372
accordance with the requirements of 1026 for the reinsurance year by the
This program is not subject to the premium billing date may be eligible for
Executive Order 13175, ‘‘Consultation
provisions of Executive Order 12372, premium subsidy for the reinsurance
and Coordination with Indian Tribal
which require intergovernmental year if they provide information
Governments.’’ Executive Order 13175
consultation with State and local necessary for the person’s filing of a
requires Federal agencies to consult and
officials. See 2 CFR part 415, subpart C. Form AD–1026 if the person:
coordinate with tribes on a government-
to-government basis on policies that Executive Order 12988 (i) Is unable to file a Form AD–1026
have tribal implications, including due to circumstances beyond the
This rule has been reviewed in person’s control, as determined by FSA;
regulations, legislative comments or accordance with Executive Order 12988
proposed legislation, and other policy or
on civil justice reform. The provisions (ii) Files a Form AD–1026 in good
statements or actions that have of this rule will not have a retroactive
substantial direct effects on one or more faith and FSA subsequently determines
effect. The provisions of this rule will that additional information is needed,
Indian tribes, on the relationship preempt State and local laws to the
between the Federal Government and but the person is unable to comply due
extent such State and local laws are to circumstances beyond the control of
Indian tribes or on the distribution of inconsistent herewith.
power and responsibilities between the the person.
Environmental Evaluation (3) A person who does not have Form
Federal Government and Indian tribes.
AD–1026, or successor form, on file
USDA has assessed the impact of this This action is not expected to have a with FSA for the reinsurance year may
rule on Indian tribes and determined significant economic impact on the be eligible for Federal crop insurance
that this rule does not, to our quality of the human environment, premium subsidy for the initial
knowledge, have tribal implications that health, or safety. Therefore, neither an reinsurance year if the person can
require tribal consultation under E.O. Environmental Assessment nor an demonstrate they meet RMA’s
13175. If a Tribe requests consultation, Environmental Impact Statement is conditions for new to farming, new to
USDA will work with the Office of needed. crop insurance, a new entity, or have
Tribal Relations to ensure meaningful
List of Subjects in 7 CFR Part 12 not previously been required to file form
consultation is provided where changes,
AD–1026.
additions and modifications identified Crop insurance, Reporting and
herein are not expressly mandated by recordkeeping requirements, Soil * * * * *
Congress. conservation. Dated: December 1, 2017.
Regulatory Flexibility Act Stephen L. Censky,
Final Rule
Deputy Secretary.
USDA certifies that this regulation Accordingly, as set forth in the [FR Doc. 2017–26736 Filed 12–11–17; 8:45 am]
will not have a significant economic preamble, USDA amends 7 CFR part 12 BILLING CODE 3410–08–P
impact on a substantial number of small as follows:
entities. This regulation is a conforming
amendment to a final rule published by PART 12—HIGHLY ERODIBLE LAND
FCIC that states the Federal crop CONSERVATION AND WETLAND DEPARTMENT OF TRANSPORTATION
insurance program is the same for all CONSERVATION
Federal Aviation Administration
producers regardless of the size of their
farming operation. For instance, all ■ 1. The authority citation for 7 CFR
part 12 continues to read as follows: 14 CFR Part 71
producers are required to file an AD–
1026 with FSA to be eligible for Authority: 16 U.S.C. 3801, 3811–12, 3812a, [Docket No. FAA–2017–0143; Airspace
premium subsidy. Whether a producer 3813–3814, and 3821–3824. Docket No. 17–AGL–5]
has 10 acres or 1,000 acres, there is no ■ 2. Amend § 12.13 by revising
difference in the kind of information Amendment of Class E Airspace,
paragraph (b) to read as follows: Stevens Point, WI
collected. To ensure crop insurance is
ethrower on DSK3G9T082PROD with RULES
available to small entities, the Federal § 12.13 Special Federal crop insurance AGENCY: Federal Aviation
Crop Insurance Act (FCIA) authorizes premium subsidy provisions. Administration (FAA), DOT.
FCIC to waive collection of * * * * * ACTION: Final rule, correction.
administrative fees from limited (b) Ineligibility for failing to certify
resource farmers. FCIC believes this compliance. Subject to paragraph (b)(2) SUMMARY: This action corrects a final
waiver helps to ensure that small of this section, failing to certify rule published in the Federal Register
VerDate Sep<11>2014 16:52 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12DER1.SGM 12DER1](https://thefederalregister.org/doc/82_FR_58570/page/2.svg)
Document Created: 2018-10-25 10:48:22
Document Modified: 2018-10-25 10:48:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective December 12, 2017. | |
| 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. | |
| FR Citation | 82 FR 58333 | |
| RIN Number | 0563-AC56 | |
| CFR Associated | Crop Insurance; Reporting and Recordkeeping Requirements and Soil Conservation |
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