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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations
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on or before the acreage reporting date ARD. The producer may notify their insurance agent by phone, email, text, or other electronic communication method. Following the notification, the organic plan or certificate must be in place prior to coverage ending in accordance with the policy. The producers acreage will remain insured under the practice reported on the acreage reporting date unless they have a loss. If the producer has a loss and does not have a certificate or plan in place at the time the claim is finalized, then the acreage will be insured under the practice for which it qualifies.
Currently, policy requires producers with certified organic or acreage in transition to organic to have written certification or written documentation from a certifying agent by the ARD
which shows an organic plan is in effect for the acreage. Procedures allow that a certificate and plan must be in place each year to qualify for organic or organic transitional practices. A
previous certificate or plan may be used to qualify for insurance until a plan can be updated by a certifying agent.
The organic industry presented concerns to FCIC, Farm Service Agency, and Agricultural Marketing Service regarding producers inability to have organic plans and certificates in effect by their crop insurance policy ARD due to COVID restrictions limiting travel and face to face interaction. To mitigate these concerns and provide flexibility, FCIC provided relief through Managers Bulletins: MGR200013 and MGR20
0026 and is incorporating the Managers Bulletins in this rule. With this change, FCIC recognizes the on-going challenges that the organic producers face and provides flexibility, while also ensuring the Federal crop insurance program continues to serve as a vital risk management tool and organic regulations remain in effect.
Effective Date and Notice and Comment The Administrative Procedure Act APA, 5 U.S.C. 553 provides that the notice and comment and 30-day delay in the effective date provisions do not apply when the rule involves specified actions, including matters relating to contracts. This rule governs contracts for crop insurance policies and therefore falls within that exemption.
This rule is exempt from the regulatory analysis requirements of the Regulatory Flexibility Act 5 U.S.C.
601612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996.
For major rules, the Congressional Review Act requires a delay to the effective date of 60 days after
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publication to allow for Congressional review. This rule is not a major rule under the Congressional Review Act, as defined by 5 U.S.C. 8042. Therefore, this final rule is effective June 30, 2021.
Although not required by APA or any other law, FCIC has chosen to request comments on this rule.
Executive Orders 12866 and 13563
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 requirements in Executive Orders 12866
and 13563 for the analysis of costs and benefits apply to rules that are determined to be significant.
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 and analysis of the costs and benefits is not required under either Executive Order 12866 or 13563.
Clarity of the Regulation Executive Order 12866, as supplemented by Executive Order 13563, requires each agency to write all rules in plain language. In addition to your substantive comments on this rule, we invite your comments on how to make the rule easier to understand. For example:
Are the requirements in the rule clearly stated? Are the scope and intent of the rule clear?
Does the rule contain technical language or jargon that is not clear?
Is the material logically organized?
Would changing the grouping or order of sections or adding headings make the rule easier to understand?
Could we improve clarity by adding tables, lists, or diagrams?
Would more, but shorter, sections be better? Are there specific sections that are too long or confusing?
What else could we do to make the rule easier to understand?
Environmental Review In general, the environmental impacts of rules are to be considered in a manner consistent with the provisions
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of the National Environmental Policy Act NEPA, 42 U.S.C. 43214347 and the regulations of the Council on Environmental Quality 40 CFR parts 15001508. FCIC conducts programs and activities that have been determined to have no individual or cumulative effect on the human environment. As specified in 7 CFR 1b.4, FCIC is categorically excluded from the preparation of an Environmental Analysis or Environmental Impact Statement unless the FCIC Manager agency head determines that an action may have a significant environmental effect. The FCIC Manager has determined this rule will not have a significant environmental effect.
Therefore, FCIC will not prepare an environmental assessment or environmental impact statement for this action and this rule serves as documentation of the programmatic environmental compliance decision.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule.
Before any judicial actions may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR part 11 are to be exhausted.
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.
RMA 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. The regulation changes do not have Tribal implications that preempt Tribal law and are not expected have a substantial direct effect on one or more Indian Tribes. If a Tribe requests consultation, RMA will work with the USDA Office of Tribal Relations to
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