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6110 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulationsplanted and fails, or is planted andharvested, hayed or grazed on the sameacreage in the same crop year, (other than acover crop as specified in section 14(d)(2)(iii)(A), or a substitute crop allowed insection 14 (d)(2)(iii)(B)), unless you provideadequate records of acreage and productionshowing that the acreage was double-croppedin each of the last 4 years in which theinsured crop was grown on the acreage;(G) When coverage is provided under theCatastrophic Risk Protection Endorsement ifyou plant another crop for harvest on anyacreage you were prevented from planting inthe same crop year, even if you have a historyof double-cropping. If you have aCatastrophic Risk Protection Endorsementand receive a prevented planting indemnity,guarantee, or amount of insurance for a cropand are prevented from planting another cropon the same acreage, you may only receivethe prevented planting indemnity, guarantee,or amount of insurance for the crop on whichthe prevented planting indemnity, guarantee,or amount of insurance is received; or(H) For which planting history orconservation plans indicate that the acreagewould have remained fallow for crop rotationpurposes.(v) For the purpose of determining eligibleacreage for prevented planting coverage,acreage for all units will be combined and bereduced by the number of bean acres timelyplanted and late planted. For example,assume you have 100 acres eligible forprevented planting coverage in which youhave a 100 percent share. The acreage islocated in a single FSA Farm Serial Numberwhich you insure as two separate optionalunits consisting of 50 acres each. If youplanted 60 acres of beans on one optionalunit and 40 acres of beans on the secondoptional unit, your prevented plantingeligible acreage would be reduced to zero(i.e., 100 acres eligible for prevented plantingcoverage minus 100 acres planted equalszero).(6) In accordance with the provisions ofsection 6 (Report of Acreage) of the BasicProvisions (§ 457.8), you must report by unitany insurable acreage that you wereprevented from planting. This report must besubmitted on or before the acreage reportingdate. For the purpose of determining acreageeligible for a prevented planting productionguarantee, the total amount of preventedplanting and planted acres cannot exceed themaximum number of acres eligible forprevented planting coverage. Any acreageyou report in excess of the number of acreseligible for prevented planting coverage, orthat exceeds the number of eligible acresphysically located in a unit, will be deletedfrom your acreage report.15. Written Agreements.Designated terms of this policy may bealtered by written agreement in accordancewith the following:(a) You must apply in writing for eachwritten agreement no later than the salesclosing date, except as provided in section15(e);(b) The application for a written agreementmust contain all variable terms of thecontract between you and us that will be ineffect if the written agreement is notapproved;(c) If approved, the written agreement willinclude all variable terms of the contract,including, but not limited to, crop type orvariety, the guarantee, premium rate, andprice election;(d) Each written agreement will only bevalid for one year (If the written agreementis not specifically renewed the followingyear, insurance coverage for subsequent cropyears will be in accordance with the printedpolicy); and(e) An application for a written agreementsubmitted after the sales closing date may beapproved if, after a physical inspection of theacreage, it is determined that no loss hasoccurred and the crop is insurable inaccordance with the policy and writtenagreement provisions.Signed in Washington, D.C., on February 6,1997.Kenneth D. Ackerman,Manager, Federal Crop InsuranceCorporation.[FR Doc. 97–3327 Filed 2–10–97; 8:45 am]BILLING CODE 3410–FA–PAgricultural Marketing Service7 CFR Part 984[Docket No. FV96–984–1 FIR]Walnuts Grown in California;Assessment RateAGENCY: Agricultural Marketing Service,USDA.ACTION: Final rule.SUMMARY: The Department ofAgriculture (Department) is adopting asa final rule, without change, theprovisions of an interim final ruleestablishing an assessment rate for theWalnut Marketing Board (Board) underMarketing Order No. 984 for the 1996–97 and subsequent marketing years. TheBoard is responsible for localadministration of the marketing orderwhich regulates the handling of walnutsgrown in California. Authorization toassess walnut handlers enables theBoard to incur expenses that arereasonable and necessary to administerthe program.EFFECTIVE DATE: August 1, 1996.FOR FURTHER INFORMATION CONTACT:Mary Kate Nelson, Marketing Assistant,California Marketing Field Office, Fruitand Vegetable Division, AMS, USDA,2202 Monterey Street, suite 102B,Fresno, CA 93721, telephone 209–487–5901, FAX 209–487–5906, or MarthaSue Clark, Program Assistant, MarketingOrder Administration Branch, Fruit andVegetable Division, AMS, USDA, PO.Box 96456, room 2525–S, telephone202–720–9918, FAX 202–720–5698.Small businesses may requestinformation on compliance with thisregulation by contacting: Jay Guerber,Marketing Order AdministrationBranch, Fruit and Vegetable Division,AMS, USDA, PO. Box 96456, room2525–S, Washington, DC 20090–6456;telephone 202–720–2491; FAX 202–720–5698.SUPPLEMENTARY INFORMATION: This ruleis issued under Marketing Agreementand Order No. 984, both as amended (7CFR part 984), regulating the handlingof walnuts grown in California,hereinafter referred to as the ‘‘order.’’The marketing agreement and order areeffective under the AgriculturalMarketing Agreement Act of 1937, asamended (7 U.S.C. 601–674), hereinafterreferred to as the ‘‘Act.’’The Department is issuing this rule inconformance with Executive Order12866.This rule has been reviewed underExecutive Order 12988, Civil JusticeReform. Under the marketing order nowin effect, California walnut handlers aresubject to assessments. Funds toadminister the order are derived fromsuch assessments. It is intended that theassessment rate as issued herein will beapplicable to all assessable walnutsbeginning August 1, 1996, andcontinuing until amended, suspended,or terminated. This rule will notpreempt any State or local laws,regulations, or policies unless theypresent an irreconcilable conflict withthis rule.The Act provides that administrativeproceedings must be exhausted beforeparties may file suit in court. Undersection 608c(15)(A) of the Act, anyhandler subject to an order may filewith the Secretary a petition stating thatthe order, any provision of the order, orany obligation imposed in connectionwith the order is not in accordance withlaw and request a modification of theorder or to be exempted therefrom. Suchhandler is afforded the opportunity fora hearing on the petition. After thehearing the Secretary would rule on thepetition. The Act provides that thedistrict court of the United States in anydistrict in which the handler is aninhabitant, or has his or her principalplace of business, has jurisdiction toreview the Secretary’s ruling on thepetition, provided an action is filed notlater than 20 days after the date of theentry of the ruling.Pursuant to requirements set forth inthe Regulatory Flexibility Act (RFA), theAgricultural Marketing Service (AMS)has considered the economic impact ofthis rule on small entities.The purpose of the RFA is to fitregulatory actions to the scale ofbusiness subject to such actions in order