Rule2022-13411
Crop Insurance Reporting and Other Changes (CIROC)
Primary source
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Published
June 30, 2022
Effective
June 30, 2022
Issuing agencies
Agriculture DepartmentFederal Crop Insurance Corporation
Abstract
The Federal Crop Insurance Corporation (FCIC) is amending its regulations to enhance production reporting terminology and assist producers with production reporting requirements. The amendments will provide alternative production reporting options to producers who are unable to provide disinterested third-party verifiable records to support their production report because the producer or a related person generates the supporting records (acceptable production records). FCIC is also clarifying the good farming practice appeal deadline (appeals and arbitration) and clarifying and correcting portions of the policy (clarifications and corrections). The changes to the crop insurance policies resulting from the amendments in this rule are applicable for the 2023 and succeeding crop years for crops with a contract change date on or after June 30, 2022. For all other crops, the changes to the policies made in this rule are applicable for the 2024 and succeeding crop years.
Full Text
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<title>Federal Register, Volume 87 Issue 125 (Thursday, June 30, 2022)</title>
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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38883-38900]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13411]
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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.
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Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules
and Regulations
[[Page 38883]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Parts 407 and 457
[Docket ID FCIC-22-0004]
RIN 0563-AC79
Crop Insurance Reporting and Other Changes (CIROC)
AGENCY: Federal Crop Insurance Corporation, U.S. Department of
Agriculture (USDA).
ACTION: Final rule with request for comments.
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SUMMARY: The Federal Crop Insurance Corporation (FCIC) is amending its
regulations to enhance production reporting terminology and assist
producers with production reporting requirements. The amendments will
provide alternative production reporting options to producers who are
unable to provide disinterested third-party verifiable records to
support their production report because the producer or a related
person generates the supporting records (acceptable production
records). FCIC is also clarifying the good farming practice appeal
deadline (appeals and arbitration) and clarifying and correcting
portions of the policy (clarifications and corrections). The changes to
the crop insurance policies resulting from the amendments in this rule
are applicable for the 2023 and succeeding crop years for crops with a
contract change date on or after June 30, 2022. For all other crops,
the changes to the policies made in this rule are applicable for the
2024 and succeeding crop years.
DATES:
Effective date: This final rule is effective June 30, 2022.
Comment date: We will consider comments that we receive by the
close of business August 29, 2022. FCIC may consider the comments
received and may conduct additional rulemaking based on the comments.
ADDRESSES: We invite you to submit comments on this rule. You may
submit comments by going through the Federal eRulemaking Portal as
follows:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for Docket ID FCIC-22-0004. Follow the
instructions for submitting comments.
All comments will be posted without change and will be publicly
available on <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926-
7829; or email <a href="/cdn-cgi/l/email-protection#a9cfdbc8c7cac0cc87ddc6c5c5cce9dcdacdc887cec6df"><span class="__cf_email__" data-cfemail="523420333c313b377c263d3e3e3712272136337c353d24">[email protected]</span></a>. Persons with disabilities who
require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice) or (844) 433-2774 (toll-free
nationwide).
SUPPLEMENTARY INFORMATION:
Background
FCIC serves America's agricultural producers through effective,
market-based risk management tools to strengthen the economic stability
of agricultural producers and rural communities. FCIC is committed to
increasing the availability and effectiveness of Federal crop insurance
as a risk management tool. Approved Insurance Providers (AIPs) sell and
service Federal crop insurance policies in every state through a
public-private partnership. FCIC reinsures the AIPs who share the risks
associated with catastrophic losses due to major weather events. FCIC's
vision is to secure the future of agriculture by providing world class
risk management tools to rural America.
Federal crop insurance policies typically consist of the Basic
Provisions, the Crop Provisions, the Special Provisions, the Commodity
Exchange Price Provisions, if applicable, other applicable endorsements
or options, the actuarial documents for the insured agricultural
commodity, the Catastrophic Risk Protection Endorsement, if applicable,
and the applicable regulations published in 7 CFR chapter IV.
Throughout this rule, the terms ``Crop Provisions,'' ``Special
Provisions,'' and ``policy'' are used as defined in the Common Crop
Insurance Policy (CCIP) Basic Provisions in 7 CFR 457.8. Additional
information and definitions related to Federal crop insurance policies
are in 7 CFR 457.8.
Through this rule, FCIC amends the Area Risk Protection Insurance
(ARPI) Basic Provisions (7 CFR part 407), CCIP Basic Provisions (7 CFR
457.8), in addition to specific crop insurance policies that are in the
regulations. Throughout this rule, as the changes are explained and the
specific crop insurance policies are mentioned for the specific
changes, they are listed in alphabetical order by crop insurance policy
name, which is also the section title in the regulations. Typically, in
a rule, the sections of the regulations would be addressed in numerical
order; however, due to the extensive range of crop insurance policies
that this rule includes, for readers to find the information of
relevance, the alphabetical order will be helpful. The range of crop
insurance policies and the order in which they are listed is as
follows:
<bullet> Arizona-California Citrus Fruit Crop Insurance Provisions
(7 CFR 457.121);
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175);
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
<bullet> Forage Production Crop Insurance Provisions (7 CFR
457.117);
<bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129);
<bullet> Fresh Market Tomato Dollar Plan Crop Insurance Provisions
(7 CFR 457.139);
<bullet> Guaranteed Production Plan of Fresh Market Tomato (7 CFR
457.128);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
<bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149); and
[[Page 38884]]
<bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
The changes to the crop insurance policies resulting from the
amendments in this rule are applicable for the 2023 and succeeding crop
years for crops with a contract change date on or after June 30, 2022.
For all other crops, the changes to the crop insurance policies
resulting from the amendments in this rule are applicable for the 2024
and succeeding crop years.
Acceptable Production Records
FCIC is increasing flexibility for acceptable production records to
make it easier for producers whose production records are not available
from a disinterested third party to provide the supporting records
needed to obtain insurance, report their annual production, and file a
claim. FCIC is amending the Area Risk Protection Regulations (7 CFR
407.9), Common Crop Insurance Regulations (7 CFR 457.8), and 20 Crop
Provisions to implement these changes.
Prior to this rule, FCIC generally required records from
disinterested third parties (for example, sales record to an unrelated
entity), or AIPs conducted preharvest appraisals as a supporting
production record. However, some producers do not have disinterested
third-party records which includes producers who sell their production
directly to consumers (direct marketing) and producers who do not have
disinterested third-party records because they, or a person related to
them, generate the supporting records (for example, vertically
integrated). In response to these issues, FCIC is amending production
reporting terminology to simplify recordkeeping requirements and
procedures for those producers who do not have disinterested third-
party records available to them. These changes will also make the
terminology and procedures consistent across policies.
The producer will self-identify that they will not have
disinterested third-party records available, which will encourage a
discussion with the AIP as to what records the producer does have that
will meet production reporting requirements. The producer may be
permitted to use their own records, or, in limited situations, request
a pre-harvest appraisal. Generally, producers are required to use their
actual production records. However, if their records are not at an
acceptable level of detail needed for production reporting (for
example, traceable back to the unit), RMA procedures outline criteria
that would allow the producer to request an appraisal to supplement the
producers' records. For example, producers who direct market their crop
may request a pre-harvest appraisal, to use in conjunction with their
acceptable production records, to allocate production to the applicable
APH database or when the AIP determines the producer's final
disposition records do not contain all information required for
production reporting by APH database.
In certain situations, appraisals may be used, in lieu of harvested
production, to adjust a claim, as outlined in the CCIP Basic
Provisions, paragraph 15(b)(3). If the producer's harvested production
is less than the appraised production, and they harvest the crop after
the end of the insurance period, their appraised production will be
used unless they can prove that no additional causes of loss or
deterioration of the crop occurred after the end of the insurance
period.
However, if they harvest the crop before the end of the insurance
period, their harvested production will be used (1) unless the
applicable Crop Provisions require an appraisal prior to harvest and
they are unable to prove that additional insured causes of loss
occurred after the appraisal or deterioration of the crop can be
attributed to an insurable cause of loss after the appraisal was
completed; then the producer's appraised production will be used; or
(2) if the producer intends to direct market their crop or their
production records will not be from a disinterested third party and the
AIP determines an appraisal prior to harvest was necessary and they are
unable to prove that additional insured causes of loss occurred after
the appraisal or deterioration of the crop can be attributed to an
insurable cause of loss after the appraisal was completed; then their
appraised production will be used.
The changes in this rule are intended to assist producers with
production reporting requirements when producers do not have
disinterested third-party records available and to reduce the need for
AIPs to conduct pre-harvest appraisals, which were previously used in
lieu of disinterested third-party records. Several terms that were
defined in various Crop Provisions, procedures, or administrative
regulations, will now be defined in the ARPI Basic Provisions and CCIP
Basic Provisions.
The changes to the Crop Provisions are as follows:
FCIC is removing the definition of ``direct marketing'' from
individual Crop Provisions. As a result of this change, there will be
only one definition of ``direct marketing'' in the Basic Provisions.
This will reduce redundancy and eliminate potential conflicts between
the CCIP Basic Provisions and the individual Crop Provisions. This
change occurs in the following Crop Provisions:
<bullet> Arizona-California Citrus Fruit Crop Insurance Provisions
(7 CFR 457.121);
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
<bullet> Forage Production Crop Insurance Provisions (7 CFR
457.117);
<bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129);
<bullet> Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149); and
<bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
Two Crop Provisions will retain the definition of ``direct
marketing'' with the clarifying statement ``In addition to the
definition contained in section 1 of the Basic Provisions,'' added.
This change clarifies that the definition in the Crop Provisions does
not override the definition in the Basic Provisions, but rather is
intended to be used together. The change appears in:
<bullet> Fresh Market Tomato Dollar Plan Crop Insurance Provisions
(7 CFR 457.139); and
<bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167).
FCIC is correcting the producer's notification requirement for any
production intended for direct marketing to apply 15 days prior to
harvest, rather than 15 days prior to the sale. Currently, the deadline
for notification attaches to the date of sale, which may not allow an
AIP an opportunity to conduct an in-field (pre-harvest) appraisal. This
change will require the producer to notify the AIP at least 15 calendar
days before the crop is harvested, which allows for the AIPs to
[[Page 38885]]
conduct pre-harvest appraisals. This change is being made in the
following Crop Provisions:
<bullet> Arizona-California Citrus Fruit Crop Insurance Provisions
(7 CFR 457.121);
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
<bullet> Forage Production Crop Insurance Provisions (7 CFR
457.117);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
<bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
<bullet> Table Frape Crop Insurance Provisions (7 CFR 457.149); and
<bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
Appeals and Arbitration
FCIC is adding the good farming practice appeal deadline to
paragraph 23(b) of the ARPI Basic Provisions (7 CFR part 407) and
paragraph 20(d) of the CCIP Basic Provisions (457.8). This change will
ensure that producers are aware of the deadline to file an appeal of a
good farming practice determination from the AIP. Currently, the
deadline (30 days) is only contained in the administrative regulation,
Subpart J, and procedural handbooks that are not provided to the
producer because they are not part of the contract between the insured
producer and the AIP. This is not a procedural change, but a change to
provide a clear deadline within the policy. FCIC has had producers
request an appeal to a good farming practice determination outside the
timeframe for which they can request an appeal. The change reduces
confusion with other types of appeal rights within the policy.
Clarifications and Corrections
FCIC is deleting obsolete language in paragraphs (c) through (f)
from the preamble of the CCIP Basic Provisions (Sec. 457.8). In a rule
published on March 30, 2010 at 75 FR 15777, FCIC added paragraphs (c)
through (f) to the CCIP Basic Provisions (Sec. 457.8) to explain how
the producer's active policy transitioned to the new plans of insurance
when FCIC transitioned from Crop Revenue Coverage, Revenue Assurance,
Income Protection, and Indexed Income Protection to Revenue Protection
and Yield Protection plans of insurance. That language is no longer
needed because all policies have transitioned to the new plans of
insurance.
FCIC is adding language in the policy to be more consistent with
procedure language. The policy now provides clarity regarding the
impact of different production methods on a producer's Actual
Production History (APH) yield, in section 3(h)(3) of the CCIP Basic
Provisions (Sec. 457.8). The previous policy language was in a single
large paragraph that generated confusion on which adjustment methods
were applicable. The change breaks up the paragraph into more user-
friendly paragraphs for clarity. If the approved APH yield needs to be
adjusted because a producer changes the production method used on the
acreage being insured, the adjustment needs to be the lower of: (1) the
approved APH yield for the APH database; (2) the average of approved
APH yields from other APH databases where the production method was
carried out; or (3) the applicable county transitional-yield if the
production method has not been carried out on other APH databases.
FCIC is replacing the phrase ``growing season'' with ``leaf year.''
This changes the wording to be consistent with how the information is
shown in the actuarial documents. This change is being made in the
following Crop Provisions:
<bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR
457.121);
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175);
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
FCIC is clarifying that the minimum age or minimum production
requirement is not waived by a written agreement, but rather if
``otherwise allowed by the Special Provisions.'' This change clarifies
the producer's requirement and provides transparency in identifying the
location of their requirements. This change is being made in the
following Crop Provisions:
<bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR
457.121);
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
FCIC is clarifying insurability requirements in the Pecan Revenue
Crop Insurance Provisions (7 CFR 457.167). The minimum production
requirement (600 pounds of pecans in-shell per acre in one of the
previous 4 crop years) in paragraph 8(d) is unchanged. The minimum
production requirement can only be waived by written agreement. There
are published procedures on how written agreements can be requested,
reviewed, and approved. The clarification ensures the Crop Provisions
is consistent with these procedures, specifically that an AIP cannot
unilaterally approve the written agreement. The minimum continuous
acreage requirement (at least one contiguous acre) in paragraph 8(f)
remains, but exceptions to the requirement are now explicitly listed in
the Special Provisions, rather than requiring a request, review, and
approval of a written agreement.
FCIC is clarifying that the definition for ``interplanted''
overrides the definition in the CCIP Basic Provisions, by adding the
statement, ``In lieu of the definition contained in section 1 of the
Basic Provisions'' prior to the description. Since the CCIP Basic
Provisions and the Crop Provisions are separate components of the same
crop insurance policy, adding the explicit statement, ``in lieu of,''
clarifies that the Crop Provisions definitions is intended to replace
and override the definition in the CCIP Basic Provisions. It will
provide clear use of the definition and its application to the
individual Crop Provisions. This change will be made in the following
Crop Provisions:
<bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR
457.121);
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
[[Page 38886]]
<bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
FCIC is clarifying that the definition for ``production guarantee''
in the Onion Crop Insurance Provisions (7 CFR 457.135) overrides the
definition in the CCIP Basic Provisions, by adding the statement ``In
lieu of the definition contained in section 1 of the Basic Provisions''
prior to the description. It will clarify the use of the definition and
its application to the Onion Crop Insurance Provisions.
FCIC is replacing the term ``FSA farm serial number'' with the term
``FSA farm number,'' because the term ``FSA farm serial number'' is no
longer used. A similar change was already implemented in the CCIP Basic
Provisions in 2017 when the definition was changed to remove the word
``serial.'' This change will be made in the following Crop Provisions:
<bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR
457.121);
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
FCIC is correcting the location of certain information (for
example, price elections and fresh fruit factors) by replacing
``Special Provisions'' with ``actuarial documents.'' This change will
be made in the following Crop Provisions:
<bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
<bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129);
<bullet> Fresh Market Tomato Dollar Plan Crop Insurance Provisions
(7 CFR 457.139);
<bullet> Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133); and
<bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
FCIC is updating prices and yields in settlement of claim examples
so they are more reflective of current values and potential
indemnities. This change will be made in the following Crop Provisions:
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> Forage Production Crop Insurance Provisions (7 CFR
457.117);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133); and
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159).
In addition, FCIC is updating years used in examples in the
following Crop Provisions to be more current:
<bullet> Arizona-California Citrus Fruit Crop Insurance Provisions
(7 CFR 457.121); and
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131).
FCIC is clarifying how coverage level impacts the production
guarantee in the settlement of a claim examples, by showing the
calculation of coverage level multiplied by the approved yield equals
the production guarantee in Step 1 of the example. The remaining steps
in the settlement of the claim examples continue to use the production
guarantee. This change will be made in the following Crop Provisions:
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133); and
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159).
FCIC is clarifying where the settlement of claim example begins in
the Macadamia Nut Crop Insurance Provisions (7 CFR 457.131), by
inserting ``For example'' after the introductory text.
FCIC is revising the sub-heading for section 3 to ``Insurance
Guarantees, Coverage Levels, and Prices'' by removing the phrase ``for
Determining Indemnities'' at the end. Removing this phrase will align
the sub-heading to match the corresponding section in the CCIP Basic
Provisions. It also helps clarify that price is not exclusively used to
determine indemnities; it is also used to establish the guarantee and
determine the premium due for the producer. This change will be made in
the following Crop Provisions:
<bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR
457.121);
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175);
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
<bullet> Forage Production Crop Insurance Provisions (7 CFR
457.117);
<bullet> Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
<bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149);
<bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119);
FCIC is correcting the dates, states, and counties associated with
the contract change dates, the cancellation and termination dates, and
end of insurance period dates, where necessary, to match current
coverage areas and dates in the actuarial documents. This change will
specify the states and counties that currently have coverage available
for the following Crop Provisions:
<bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129);
<bullet> Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128); and
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135).
FCIC is updating the effective year to show the year that the
changes in the Crop Provision will apply. This change will be made in
the introductory paragraph of the following Crop Provisions:
<bullet> Arizona-California Citrus Fruit Crop Insurance Provisions
(7 CFR 457.121);
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175);
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
<bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
[[Page 38887]]
<bullet> Forage Production Crop Insurance Provisions (7 CFR
457.117);
<bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129);
<bullet> Fresh Market Tomato (dollar plan) Crop Insurance
Provisions (7 CFR 457.139);
<bullet> Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
<bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
<bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149); and
<bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
FCIC is clarifying ``agree in writing'' by replacing with the
defined term ``written agreement'' in the Onion Crop Insurance
Provisions (7 CFR 457.135). ``Written agreement'' is specifically
defined in the CCIP Basic Provisions. The use of ``agree in writing''
was intended to mean that the producer must have a written agreement.
However, it has generated questions in the past because it had a
different wording than the definition.
FCIC is removing a duplicate paragraph from section 7 in the Peach
Crop Insurance Provisions (7 CFR 457.153).
In the Peach Crop Insurance Provisions (7 CFR 457.153), FCIC is
clarifying that a producer may choose optional units for the fresh and
processing intended uses, but not further divide optional units by the
types of peaches specified in the Special Provisions. An optional unit
is a type of crop insurance unit. Crop insurance units are an
identifiable, insurable segment of land on which an insurable crop is
grown, and separate production records have been kept. Insuring by
optional units, with fresh peaches and processing peaches insured on
different optional units, is the producer's choice. In the Special
Provisions, the fresh and processing intended uses are further
classified by types of peaches, but the Special Provisions are silent
on whether a producer can choose separate optional units for different
types of peaches, which has led to questions from producers and AIPs.
The further classification of types allows for distinct pricing, rates,
and yields, but were not intended to allow separate optional units.
Removing ``as specified in the Special Provisions'' clarifies the
availability of optional units to ``fresh and processing'' intended
uses only.
In the Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148) and the Fresh Market Sweet Corn Crop Insurance Provisions (7
CFR 457.129), FCIC is clarifying the definition of ``planted acreage''
by adding the section reference number in the definition (that is,
adding ``section 1 of'').
In the Prune Crop Insurance Provisions (7 CFR 457.133), FCIC is
clarifying the definition for ``standard prunes'' by specifically
referencing the U.S. Standards for Grades of Dried Prunes.
In the Macadamia Nut Crop Insurance Provisions (7 CFR 457.131),
FCIC is correcting the order of the definitions by redesignating the
definition of ``floaters'' in alphabetical order.
In the Florida Avocado Crop Insurance Provisions (7 CFR 457.173),
FCIC is adding ``mid-season'' avocados to the definition of type to
align with the avocado industry designations for early, mid, and late-
season avocados more appropriately. This change will allow producers to
better align the mid-season varieties' insurance coverage with growing
practices and the harvest period.
In the Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148), FCIC is correcting the reference of section 7 of the Basic
Provisions (that is, adding ``and Administrative Fees'') to complete
the full name of the section title to match how it appears in the CCIP
Basic Provisions.
FCIC is amending the Blueberry Crop Insurance Provisions (7 CFR
457.166). Specifically, changing ``became'' to ``become'' in section 6
paragraph (a)(2)(i) and changing the word ``for'' to lowercase in the
section title.
FCIC is changing non-primary words to lowercase and removing
periods from the end of section headings for consistency across
provisions. This change will be made in the following Crop Provisions:
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
<bullet> Fresh Market Tomato (dollar plan) Crop Insurance
Provisions (7 CFR 457.139);
<bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
<bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
<bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
<bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
<bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
In the Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129), FCIC is correcting the spelling of ``totaling'' in section 14
paragraph (b)(3).
In the Pecan Revenue Crop Insurance Provisions (7 CFR 457.167),
FCIC is correcting the spelling of ``notwithstanding.''
In the Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128), FCIC is correcting the spelling
of ``Guarantee'' to ``Guaranteed.''
In the Peach Crop Insurance Provisions (7 CFR 457.153), FCIC is
changing ``allow'' to ``provide'' for consistency with the actuarial
documents. In addition, FCIC is adding the word ``the'' preceding
``trees'' for grammatical sufficiency and readability. The reference is
specific to ``the'' trees bearing insured peaches under the policy.
FCIC is correcting punctuation in bulleted lists by adding a semi
colon or adding ``and'' after the semi-colon. This change will be made
in the following Crop Provisions:
<bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148);
<bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR
457.129); and
<bullet> Fresh Market Tomato (dollar plan) Crop Insurance
Provisions (7 CFR 457.139).
In the Pecan Revenue Crop Insurance Provisions (7 CFR 457.167),
FCIC is changing ``reject'' to ``not accept'' in two places, referring
to how the AIP processes a producer's submitted application. The Pecan
Revenue Crop Insurance Provisions refer to section 2 of the CCIP Basic
Provisions, which provide the grounds for an application to not be
accepted, but the word ``reject'' does not appear in the CCIP Basic
Provisions. In the same paragraph of the Pecan Revenue Crop Insurance
Provisions, FCIC is removing the phrase ``of the application,'' because
it was incorrectly listed as appearing in section 2 of the CCIP Basic
Provisions.
FCIC is removing the definition of ``adapted'' from the Table Grape
Crop Insurance Provisions (7 CFR 457.149). The definition referred to a
list of grape varieties by county recognized by National Institute of
Food and Agriculture as compatible with agronomic and weather
conditions in the county. However, the National Institute of Food and
Agriculture does
[[Page 38888]]
not maintain a list of adapted grape varieties. Other federally
reinsured Crop Provisions do not define ``adapted.'' The plain meaning
of the word has been sufficient in other Crop Provisions without
generating questions. Therefore, the definition is removed in the Table
Grape Crop Insurance Provisions.
FCIC is removing repetitive parenthetical titles that reference the
CCIP Basic Provisions for consistency. For example, this change deletes
the parenthetical title (Insurance Guarantees, Coverage Levels, and
Prices for Determining Indemnities) in the sentence ``In addition to
the requirements of section 3 (Insurance Guarantees, Coverage Levels,
and Prices for Determining Indemnities) of the Basic Provisions.'' In
other Crop Provisions, the parenthetical title does not appear. This
change will make Crop Provisions more consistent. This change will
remove parenthetical titles in the following Crop Provisions:
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132); and
<bullet> Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128).
The CCIP Basic Provisions includes the priority order of policy
provisions. Therefore, in the following Crop Provisions, FCIC is
removing the introductory sentence explaining the order of priority of
policy provisions because it is duplicative of the same order of
priority included in the CCIP Basic Provisions:
<bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
<bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
<bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR
457.148); and
<bullet> Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions (7 CFR 457.128).
In the Stonefruit Crop Insurance Provisions (7 CFR 457.159), in
section 3, FCIC is adding paragraph (d). The new paragraph clarifies
that a producer may not increase their elected or assigned coverage
level or the ratio of their price election to the maximum price
election if a cause of loss that could or would reduce the yield of the
insured crop is evident prior to the time that the producer requests
the increase. These changes to section 3 were proposed in the Common
Crop Insurance Policy Basic Provisions; Stonefruit Crop Provisions
proposed rule, published in the Federal Register on November 24, 2009
(74 FR 61286-61289). The change in the Common Crop Insurance
Regulations; Stonefruit Crop Insurance Provisions final rule, published
in the Federal Register on July 29, 2010 (75 FR 44709-44718), was not
completed in the Code of Federal Regulations. Further, a technical
correction for the change to the Stonefruit Crop Insurance Provisions
was published in the Federal Register on September 27, 2010 (75 FR
59057-59058). The intended change was not completed correctly. This
rule is making the required technical corrections to make that change
now.
Effective Date, Notice and Comment, and Exemptions
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. 601-612), as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996. The
requirements for the regulatory flexibility analysis in 5 U.S.C. 603
and 604 are specifically tied to the requirement for a proposed rule
under 5 U.S.C. 553 or any other law; in addition, the definition of
rule in 5 U.S.C. 601 is tied to the publication of a proposed rule.
For major rules, the Congressional Review Act requires a delay of
the effective date of 60 days after 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. 804(2). Therefore,
this final rule is effective on the date of publication in the Federal
Register. 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 or economically
significant.
The Office of Management and Budget (OMB) has 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:
<bullet> Are the requirements in the rule clearly stated? Are the
scope and intent of the rule clear?
<bullet> Does the rule contain technical language or jargon that is
not clear?
<bullet> Is the material logically organized?
<bullet> Would changing the grouping or order of sections or adding
headings make the rule easier to understand?
<bullet> Could we improve clarity by adding tables, lists, or
diagrams?
<bullet> Would more, but shorter, sections be better? Are there
specific sections that are too long or confusing?
<bullet> What else could we do to make the rule easier to
understand?
Environmental Review
The environmental impacts of this final rule have been considered
in a manner consistent with the provisions of the National
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations
of the Council on Environmental Quality (40 CFR parts 1500-1508), and
because USDA will be making the payments to producers, the USDA
regulation for compliance with NEPA (7 CFR part 1b). As specified in 7
CFR 1b.4(b)(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
[[Page 38889]]
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 ensure meaningful
consultation is provided where changes, additions and modifications
identified in this rule are not expressly mandated by Congress.
The Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L.
104-4) requires Federal agencies to assess the effects of their
regulatory actions of State, local, and Tribal governments, or the
private sector. Agencies generally must prepare a written statement,
including cost benefits analysis, for proposed and final rules with
Federal mandates that may result in expenditures of $100 million or
more in any 1 year for State, local or Tribal governments, in the
aggregate, or to the private sector. UMRA generally requires agencies
to consider alternatives and adopt the more cost effective or least
burdensome alternative that achieves the objectives of the rule. This
rule contains no Federal mandates, as defined in Title II of 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.
Federal Assistance Program
The title and number of the Assistance Listing,\1\ to which this
rule applies is No. 10.450--Crop Insurance.
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\1\ See <a href="https://sam.gov/content/assistance-listings">https://sam.gov/content/assistance-listings</a>.
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Paperwork Reduction Act of 1995
In accordance with the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. chapter 35, subchapter I), the rule does not change the
information collection approved by OMB under control numbers 0563-0053.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and employees,
and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family or parental
status, income derived from a public assistance program, political
beliefs, or reprisal or retaliation for prior civil rights activity, in
any program or activity conducted or funded by USDA (not all bases
apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Persons with disabilities who require alternative means of
communication for program information (for example, braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Agency or USDA TARGET Center at (202) 720-2600 or 844-433-
2774 (toll-free nationwide). Additionally, program information may be
made available in languages other than English. To file a program
discrimination complaint, complete the USDA Program Discrimination
Complaint Form, AD-3027, found online at <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and at any USDA office
or write a letter addressed to USDA and provide in the letter all the
information requested in the form. To request a copy of the complaint
form, call (866) 632-9992. Submit your completed form or letter to USDA
by mail to: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410 or email: <a href="/cdn-cgi/l/email-protection#ade2eceeedd8dec9cc83cac2db"><span class="__cf_email__" data-cfemail="eaa5aba9aa9f998e8bc48d859c">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects
7 CFR Part 407
Acreage allotments, Administrative practice and procedure, Barley,
Corn, Cotton, Crop insurance, Peanuts, Reporting and recordkeeping
requirements, Sorghum, Soybeans, Wheat.
7 CFR Part 457
Acreage allotments, Crop insurance, Reporting and recordkeeping
requirements.
For the reasons discussed in the supplementary information, FCIC
amends 7 CFR parts 407 and 457, effective for the 2023 and succeeding
crop years for crops with a contract change date on or after June 30,
2022, and for the 2024 and succeeding crop years for all other crops,
as follows:
PART 407--AREA RISK PROTECTION INSURANCE REGULATIONS
0
1. The authority citation for part 407 continues to read as follows:
Authority: 7 U.S.C. 1506(l) and 1506(o).
0
2. Amend Sec. 407.9 by:
0
a. In section 1:
0
i. Add in alphabetical order definitions for ``Farm management record''
and ``Production record'';
0
ii. Revise the definition for ``Production report''; and
0
iii. Remove the definition for ``Verifiable records'' and add the
definition for ``Verifiable record'' in alphabetical order;
0
b. In section 8, paragraph (o), remove the phrase ``records to support
the information on'' and add ``acceptable production records to support
the information you certified on'' in its place;
0
c. In section 23:
0
i. Add paragraph (b)(1)(i) and (ii);
0
ii. Remove paragraph (b)(2); and
0
iii. Redesignate paragraph (b)(3) as paragraph (b)(2).
The revisions and additions read as follows:
Sec. 407.9 Area Risk Protection Insurance Regulations.
* * * * *
1. Definitions
* * * * *
Farm management record. A contemporaneous record provided by you
that documents your actual production recorded at the time of harvest,
storing of the crop, or use of the crop for feed, and can be used to
substantiate your actual production reported on the production report.
* * * * *
[[Page 38890]]
Production record. A written record that documents your actual
production reported on the production report. The record must be an
acceptable verifiable record or an acceptable farm management record as
authorized by FCIC procedures.
Production report. A written report provided by you showing your
annual production in accordance with section 8. The report contains
yield information for the current year, including planted acreage and
production. This report must be supported by acceptable production
records.
* * * * *
Verifiable record. A contemporaneous record from a disinterested
third party that substantiates your actual production reported on the
production report. The record must be a document or evidence from a
disinterested third party that is accurate and can be validated or
verified by us.
* * * * *
23. Mediation, Arbitration, Appeal, Reconsideration, and Administrative
and Judicial Review
* * * * *
(b) * * *
(1) * * *
(i) If you disagree with our decision of what constitutes a good
farming practice you may request through us that FCIC review our
decision. Requests for FCIC review must be made within 30 days of the
postmark date on the written notice of the determination regarding good
farming practices.
(ii) You may not sue us for our decisions regarding whether good
farming practices were used by you. You must request a determination
from FCIC of what constitutes a good farming practice before filing any
suit against FCIC.
* * * * *
PART 457--COMMON CROP INSURANCE REGULATIONS
0
3. The authority citation for part 457 continues to read as follows:
Authority: 7 U.S.C. 1506(l), 1506(o).
0
4. Amend Sec. 457.8 by:
0
a. In the introductory section, remove paragraphs (c) through (f);
0
b. In section 1:
0
i. Add in alphabetical order definitions for ``Direct marketing'',
``Farm management record'', and ``Production record'';
0
ii. Revise the definition for ``Production report''; and
0
iii. Remove the definition for ``Verifiable records'' and add the
definition for ``Verifiable record'' in alphabetical order;
0
c. In section 3:
0
i. Revise paragraph (g)(3); and
0
ii. Revise paragraph (h)(3);
0
d. In section 6:
0
i. In paragraph (c)(4), remove the word ``and'';
0
ii. In paragraph (c)(5), remove the period at the end of the sentence
and add ``; and'' in its place; and
0
iii. Add paragraph (c)(6);
0
e. In section 15:
0
i. Revise the section heading;
0
ii. In paragraph (b)(1), remove the words ``verifiable records'' and
add ``acceptable verifiable records or acceptable farm management
records'' in their place; and
0
iii. Revise paragraph (b)(3)(ii);
0
f. In section 20, revise paragraph (d)(1); and
0
g. Add new section 38.
The revisions and additions read as follows:
Sec. 457.8 The application and policy.
* * * * *
Common Crop Insurance Policy
* * * * *
1. Definitions
* * * * *
Direct Marketing. The sale of the insured crop directly to
consumers without the intervention of an intermediary such as a
wholesaler, retailer, packer, processor, shipper, buyer, or broker.
Production records are controlled exclusively by the policyholder.
Examples of direct marketing include selling through an on-farm or
roadside stand, a farmer's market, or permitting the general public to
enter the acreage for the purpose of harvesting or picking all or a
portion of the crop. Only the portion of the crop sold directly to
consumers will be considered direct marketed.
* * * * *
Farm management record. A contemporaneous record provided by you
that documents your actual production recorded at the time of harvest,
storing of the crop, or use of the crop for feed, and can be used to
substantiate your actual production reported on the production report.
* * * * *
Production record. A written record that documents your actual
production reported on the production report. The record must be an
acceptable verifiable record or an acceptable farm management record as
authorized by FCIC procedures.
* * * * *
Production report. A written report provided by you showing your
annual production that will be used by us to determine your yield for
insurance purposes in accordance with section 3. The report contains
yield information for the previous year(s), including planted acreage
and production. This report must be supported by acceptable production
records.
* * * * *
Verifiable record. A contemporaneous record from a disinterested
third party that substantiates your actual production reported on the
production report. The record must be a document or evidence from a
disinterested third party that is accurate and can be validated or
verified by us.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(g) * * *
(3) If you do not have acceptable production records to support the
information you certified on your production report you will receive an
assigned yield in accordance with section 3(f)(1) and 7 CFR part 400,
subpart G, for the applicable units, determined by us, for crop years
that do not have such production records in accordance with FCIC
procedures. If the conditions of section 34(b)(3) are not met, you will
receive an assigned yield for the applicable basic unit.
* * * * *
(h) * * *
(3) To an amount consistent with the production method actually
carried out for the crop year if you use a different production method
than was previously used and the production method actually carried out
is likely to result in a yield lower than the average of your previous
actual yields.
(i) The yield will be adjusted to the lower of the:
(A) Approved APH yield for the APH database;
(B) Average of approved APH yields based on your other APH
databases where the production method was carried out; or
(C) Applicable county transitional yield for the production method
if other such APH databases do not exist.
(ii) You must notify us of changes in your production method by the
acreage reporting date. If you fail to notify us, in addition to the
reduction of your approved yield described herein, you will be
considered to have misreported information and you will be subject to
the consequences in section 6(g). For example, for a non-irrigated APH
database, your yield is based upon acreage of the crop that is watered
once
[[Page 38891]]
prior to planting, and the crop is not watered prior to planting for
the current crop year. Your approved APH yield will be reduced to an
amount consistent with the actual production history of your other non-
irrigated APH database where the crop has not been watered prior to
planting or limited to the non-irrigated transitional yield for the APH
database if other such APH databases do not exist.
* * * * *
6. Report of Acreage
* * * * *
(c) * * *
(6) Acknowledgement of your duty to notify us if you intend to
direct market your crop or if acceptable verifiable records are
required and will not be available. This acknowledgement must also
include a signed marketing certification if required in section 38.
* * * * *
15. Production Included in Determining an Indemnity and Payment
Reductions
* * * * *
(b) * * *
(3) * * *
(ii) You harvest before the end of the insurance period, your
harvested production will be used to adjust the loss, unless:
(A) The applicable crop provisions require an appraisal prior to
harvest and you are unable to prove that additional insured causes of
loss occurred after the appraisal or deterioration of the crop can be
attributed to insurable causes after the appraisal was completed; then
your appraised production will be used to adjust the loss; or
(B) You intend to direct market your crop or your production
records will not be from a disinterested third party and we determine
an appraisal prior to harvest was necessary and you are unable to prove
that additional insured causes of loss occurred after the appraisal or
deterioration of the crop can be attributed to insurable causes after
the appraisal was completed; then your appraised production will be
used to adjust the loss.
* * * * *
20. Mediation, Arbitration, Appeal, Reconsideration, and Administrative
and Judicial Review
* * * * *
(d) * * *
(1) * * *
(i) If you disagree with our determination of the amount of
assigned production, you must use the arbitration or mediation process
contained in this section.
(ii) If you disagree with our decision of what constitutes a good
farming practice you may request through us that FCIC review our
decision. Requests for FCIC review must be made within 30 days of the
postmark date on the written notice of the determination regarding good
farming practices.
(iii) You may not sue us for our decisions regarding whether good
farming practices were used by you. You must request a determination
from FCIC of what constitutes a good farming practice before filing any
suit against FCIC.
* * * * *
38. Direct Marketing and Verifiable Records
(a) You must notify us and complete the marketing certification if
you intend to direct market any portion of the crop, or if acceptable
verifiable records are required and will not be available. It is your
responsibility to assure you meet all the notification and completion
requirements to be properly identified as in compliance with the
provisions specified in this section.
(b) Notice and certification provisions:
(1) Provide us notice and complete a marketing certification by the
acreage reporting date when any portion of the crop will be direct
marketed, or if acceptable verifiable records are required and will not
be available. If your marketing plans change after the acreage
reporting date, then you must provide notice no later than 15 days
prior to harvest of the crop. The notice may be made by telephone or in
person. If a marketing certification is required, it must be completed
in writing within 15 days of the initial notice.
(2) If you fail to notify us timely and complete the marketing
certification in accordance with these provisions and if you do not
have acceptable verifiable production records to support the
information you certified on your production report, you will receive
an assigned yield in accordance with 3(g).
(3) We may determine that the marketing certification is not
required for your crop based on FCIC procedures.
(4) Appraisals prior to harvest may be conducted for production
reporting purposes to be used in conjunction with your acceptable
production records.
(i) If we determine an appraisal is necessary, we must notify you.
(ii) If you request an appraisal, you must notify us at least 15
days prior to harvest.
(5) Appraisals conducted for production reporting purposes may not
be applicable for establishing total production to count under section
15 when the appraisal was conducted prior to our receipt of a notice of
loss.
0
5. Amend Sec. 457.111 by:
0
a. In the undesignated introductory paragraph, remove the year ``2015''
and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. Revise the section 3 heading;
0
d. In section 6, revise paragraph (c); and
0
e. In section 10, revise paragraph (b)(2).
The revisions read as follows:
Sec. 457.111 Pear Crop Insurance Provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more crops are planted in
any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
(c) That are grown on trees that have produced an average of at
least five (5) tons of pears per acre in at least one of the four
previous crop years, unless otherwise allowed by the Special
Provisions; and
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
(b) * * *
(2) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. We will conduct an appraisal that will be used to determine
your production to count for production that is sold by direct
marketing. If damage occurs after this appraisal, we will conduct an
additional appraisal. These appraisals, and any acceptable records
provided by you, will be used to determine your production to count.
Failure to give timely notice that production will be harvested for
direct marketing will result in an appraised amount of production to
count of not less than the production guarantee per acre if such
failure results in our inability to make the required appraisal.
* * * * *
[[Page 38892]]
0
6. Amend Sec. 457.117 by:
0
a. In the undesignated introductory paragraph, remove the year ``2021''
and add ``2023'' in its place;
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. In section 2, revise the section heading;
0
d. In section 9, revise paragraph (b);
0
e. In section 10, in paragraph (b), revise Example 1 and Example 2;
The revisions read as follows:
Sec. 457.117 Forage Production Crop Insurance Provisions.
* * * * *
2. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
9. Duties in the Event of Damage or Loss
* * * * *
(b) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. Failure to give timely notice that production will be
harvested for direct marketing will result in an appraised amount of
production to count of not less than the production guarantee per acre
if such failure results in our inability to make the required
appraisal;
* * * * *
10. Settlement of Claim
* * * * *
(b) * * *
Example 1
Assume you have a 100 percent share in 100 acres of type A forage
in the unit, with a guarantee of 3.0 tons per acre and a price election
of $100 per ton. Due to adverse weather you were only able to harvest
50.0 tons. Your indemnity would be calculated as follows:
1. 100 acres type A x 3 tons = 300-ton guarantee;
2 & 3. 300 tons x $100 price election = $30,000 total value
guarantee;
4 & 5. 50 tons production to count x $100 price election = $5,000
total value of production to count;
6. $30,000 value guarantee - $5,000 = $25,000 loss; and
7. $25,000 x 100 percent share = $25,000 indemnity payment.
Example 2
Assume you also have a 100 percent share in 100 acres of type B
forage in the same unit, with a guarantee of 1.0 ton per acre and a
price election of $90 per ton. Due to adverse weather you were only
able to harvest 5.0 tons. Your total indemnity for forage production
for both types A and B in the same unit would be calculated as follows:
1. 100 acres x 3 tons = 300-ton guarantee for type A and 100 acres
x 1 ton = 100-ton guarantee for type B;
2. 300-ton guarantee x $100 price election = $30,000 total value of
the guarantee for type A and 100-ton guarantee x $90 price election =
$9,000 total value of the guarantee for type B;
3. $30,000 + $9,000 = $39,000 total value of the guarantee;
4. 50 tons x $100 price election = $5,000 total value of production
to count for type A; and 5 tons x $90 price election = $450 total value
of production to count for type B;
5. $5,000 + $450 = $5,450 total value of production to count for
types A and B;
6. $39,000 - $5,450 = $33,550 loss; and
7. $33,550 loss x 100 percent share = $33,550 indemnity payment.
* * * * *
0
7. Amend Sec. 457.119 by:
0
a. In the undesignated introductory paragraph, remove the year ``2018''
and add ``2024'' in its place;
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. In section 3, revise the section heading;
0
d. In section 11, paragraph (b)(1) remove the words ``will be sold by''
wherever they appear and add ``will be harvested for'' in their place;
and
0
e. In section 12, paragraph (e), remove the words ``Special
Provisions'' and add in their place ``actuarial documents''.
The revisions read as follows:
Sec. 457.119 Texas Citrus Crop Insurance Provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
0
8. Amend Sec. 457.121 as follows:
0
a. In the undesignated introductory paragraph, remove the year ``2015''
and add ``2024'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2 paragraph (b), remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (b):
0
A. Remove the year ``2015'' and add ``2024'' in its place; and
0
B. Remove the year ``2013'' and add ``2022'' in its place;
0
e. In section 6, revise paragraph (f); and
0
f. In section 10, in paragraph (b)(1), remove the words ``will be sold
by'' wherever they appear and add ``will be harvested for'' in their
place each.
The revisions read as follows:
Sec. 457.121 Arizona-California citrus crop insurance provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more agricultural
commodities are planted in any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
(f) That, unless otherwise allowed by the Special Provisions, is
grown on trees that have reached at least:
(1) The sixth leaf year; or
(2) The fifth leaf year after topwork or grafting, if topwork or
grafting occurs after set out.
* * * * *
0
9. Amend Sec. 457.128 by:
0
a. Revise the heading immediately following the section heading;
0
b. In the introductory text between ``(Appropriate title for insurance
provider)'' and Section 1:
0
i. Remove the words ``Guarantee Production Plan'' and add ``Guaranteed
Production Plan'' in their place; and
0
ii. Remove the sentence ``If a conflict exists among the policy
provisions, the order of priority is as follows: (1) The Catastrophic
Risk Protection Endorsement, if applicable; (2) the Special Provisions;
(3) these Crop Provisions; and (4) the Basic Provisions with (1)
controlling (2), etc.'';
0
c. In section 1, remove the definition of ``Direct marketing'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In the introductory text, remove the words ``for Determining
Indemnities''; and
0
iii. In paragraph (a), remove the words ``Special Provisions'' wherever
they appear and add ``actuarial documents'' in their place each time;
0
e. In section 4, remove the number ``15'' and add ``31'' in its place;
0
f. In section 5, in the table, remove ``January 15'' and add ``January
31'' in their place;
The revisions read as follows:
[[Page 38893]]
Sec. 457.128 Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions.
The Guaranteed Production Plan of Fresh Market Tomato Crop
Insurance Provisions for the 2023 and succeeding crop years are as
follows:
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
0
10. Amend Sec. 457.129 by:
0
a. Revise the undesignated introductory text;
0
b. In section 1:
0
i. In the definition of ``Allowable costs'', remove the words ``Special
Provisions'' and add ``actuarial documents'' in their place; and
0
ii. Remove the definition of ``Direct marketing''; and
0
iii. In the definition of ``Minimum value'', remove the words''
``Special Provisions'' and add ``actuarial documents'' in their place;
and
0
iv. In the definition of ``Planted acreage'', remove the words ``the
Basic Provisions'' and add ``section 1 of the Basic Provisions'' in
their place;
0
c. In section 4, revise the table.
0
d. In section 5:
0
i. Revise the section heading;
0
ii. Revise the undesignated paragraph; and
0
iii. Revise the table;
0
e. In section 8, in paragraph (b)(3), add the word ``and'' at the end;
0
f. In section 13:
0
i. Revise paragraph (b); and
0
ii. In paragraph (c) remove the words ``sold by''; and add ``harvested
for'' in their place;
0
g. In section 14:
0
i. In paragraph (b)(3) remove the word ``Totalling'' and add
``Totaling'' in its place;
0
ii. In paragraph (b)(5), revise the example; and
0
h. In section 16 paragraph (b)(1), remove the words ``Special
Provisions'' and add ``actuarial documents'' in their place.
The revisions read as follows:
Sec. 457.129 Fresh Market Sweet Corn Crop Insurance Provisions.
The fresh market sweet corn crop insurance provisions for the 2023
and succeeding crop years in counties with a contract change date of
November 30, and for the 2024 and succeeding crop years in counties
with a contract change date of April 30, are as follows:
* * * * *
4. Contract Changes
* * * * *
------------------------------------------------------------------------
State and county Date
------------------------------------------------------------------------
All Florida counties; and all Georgia April 30.
counties for which the Special Provisions
designate a fall planting period.
Toombs County, Georgia; and all other states. November 30.
------------------------------------------------------------------------
* * * * *
5. Cancellation and Termination Dates
In accordance with section 2 of the Basic Provisions, the
cancellation and termination dates are:
------------------------------------------------------------------------
Cancellation and termination
State and county dates
------------------------------------------------------------------------
Florida; and all Georgia counties for July 31.
which the Special Provisions designate
a fall planting period.
Alabama; and Toombs County, Georgia.... February 15.
All other states....................... March 15.
------------------------------------------------------------------------
* * * * *
13. Duties in the Event of Damage or Loss
* * * * *
(b) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. We will conduct an appraisal that will be used to determine
the value of your production to count for production that is sold by
direct marketing. If damage occurs after this appraisal, we will
conduct an additional appraisal if you notify us that additional damage
has occurred. These appraisals, and/or any acceptable production
records provided by you, will be used to determine the value of your
production to count.
* * * * *
14. Settlement of a Claim
* * * * *
(b) * * *
(5) * * *
For example:
You have a 100 percent share in 65.3 acres of fresh market sweet
corn in the unit (15.0 acres in stage 1 and 50.3 acres in the final
stage), with a dollar amount of insurance of $1,000 per acre. The 15.0
acre field was damaged by flood and appraisals of the crop determined
there was no potential production to be counted. From the 50.3 acre
field, you are only able to harvest 5,627 containers of sweet corn. The
net value of all sweet corn production sold ($3.50 per container) is
greater than the Minimum Value per container ($3.30). The 5,627
containers sold x $3.50 average net value per container = $19,694.50
value of your production to count. Your indemnity would be calculated
as follows:
(1) 15.0 acres x $1,000 amount of insurance = $15,000 and 50.3
acres x $1,000 amount of insurance = $50,300;
(2) $15,000 x .65 (percent for stage 1) = $9,750 and $50,300 x 1.00
(percent for final stage) = $50,300;
(3) $9,750 + $50,300 = $60,050 amount of insurance for the unit;
(4) $60,050-$19,694.50 value of production to count = $40,355.50
loss;
(5) $40,355.50 x 100 percent share = $40,355.50 indemnity payment.
* * * * *
0
11. Amend Sec. 457.131 by:
0
a. In the undesignated introductory paragraph, remove the year ``2017''
and add ``2024'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing'';
0
ii. Redesignate the definition of ``Floaters'' in alphabetical order;
and
0
iii. Revise the definition of ``Interplanted'';
[[Page 38894]]
0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (a), remove of the words ``Special Provisions'' and
add ``actuarial documents'' in their place each time they occur; and
0
iii. In paragraph (d), remove the year ``2016'' and add ``2024'' in its
place and remove the year ``2014'' and add the year ``2022'' in its
place;
0
e. In section 6, revise paragraph (d);
0
f. In section 10, revise paragraph (b); and
0
g. In section 11, in paragraph (b)(7), add an introductory sentence to
the undesignated example.
The revisions read as follows:
Sec. 457.131 Macadamia nut crop insurance provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more agricultural
commodities are planted in any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
(d) That are grown on trees that have reached at least the fifth
leaf year, including the fifth leaf year after grafting if grafting
occurs after set out, unless otherwise allowed by the Special
Provisions; and
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
(b) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. We will conduct an appraisal that will be used to determine
your production to count for production that is sold by direct
marketing. If damage occurs after this appraisal, we will conduct an
additional appraisal. These appraisals, and any acceptable records
provided by you, will be used to determine your production to count.
Failure to give timely notice that production will be harvested for
direct marketing will result in an appraised amount of production to
count of not less than the production guarantee per acre if such
failure results in our inability to make the required appraisal.
* * * * *
11. Settlement of Claim
* * * * *
(b) * * *
(7) * * *
For example:
* * * * *
0
12. Amend Sec. 457.132 by:
0
a. In the introductory paragraph before section 1, remove the year
``1999'' and add ``2023'' in its place and remove the sentence ``If a
conflict exists among the policy provisions, the order of priority is
as follows: (1) The Catastrophic Risk Protection Endorsement, if
applicable; (2) the Special Provisions; (3) these Crop Provisions; and
(4) the Basic Provisions with (1) controlling (2), etc.'';
0
b. In section 2, remove the word ``serial'';
0
c. In section 3:
0
i. Revise the section heading; and
0
ii. In the undesignated introductory paragraph and paragraph (b),
remove the parenthetical phrase ``(Insurance Guarantees, Coverage
Levels, and Prices for Determining Indemnities)'';
0
d. In section 4, remove the parenthetical phrase ``(Contract
Changes)'';
0
e. In section 5, remove the parenthetical phrase ``(Life of Policy,
Cancellation, and Termination)'';
0
f. In section 6:
0
i. In the undesignated paragraph, remove the parenthetical phrase
``(Insured Crop)''; and
0
ii. Revise paragraph (d).
0
g. In section 7, paragraphs (a) and (b), remove the parenthetical
phrase ``(Insurance Period)'';
0
h. In section 8:
0
i. In paragraph (a) remove the parenthetical phrase ``(Causes of
Loss)''; and
0
ii. In paragraph (b) remove the parenthetical phrase ``(Cause of
Loss)''; and
0
i. In the section 9 undesignated paragraph, remove the parenthetical
phrase ``(Duties in the Event of Damage or Loss)''.
The revisions read as follows:
Sec. 457.132 Cranberry crop insurance provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
(d) That are grown on vines that have reached at least the fourth
leaf year unless otherwise provided by the Special Provisions.
* * * * *
0
13. Amend Sec. 457.133 by:
0
a. In the undesignated introductory paragraph following the section
heading, remove the year ``2013'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing'';
0
ii. Revise the definition of ``Interplanted''; and
0
iii. In the definition of ``Standard prunes'', revise paragraph (a);
0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading; and
0
ii. In paragraph (a), remove the words ``Special Provisions'' and add
``actuarial documents'' in their place;
0
e. In section 6, remove the words ``growing season after being set
out'' and add ``leaf year'' in their place;
0
f. In section 10, revise paragraph (b)(2); and
0
g. In section 11, in paragraph (b), revise Example 1 and Example 2.
The revisions and additions read as follows:
Sec. 457.133 Prune Crop Insurance Provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more crops are planted in
any form of alternating or mixed pattern.
* * * * *
Standard prunes. * * *
(a) That grade ``C,'' ``U.S. Standard,'' or better in accordance
with the United States Standards for Grades of Dried Prunes; or
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
(b) * * *
(2) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. We will conduct an appraisal that will be used to determine
your production to count for production that is sold by direct
marketing or is sold as fresh fruit production. If damage occurs after
this
[[Page 38895]]
appraisal, we will conduct an additional appraisal. These appraisals,
and any acceptable records provided by you, will be used to determine
your production to count. Failure to give timely notice that production
will be harvested for direct marketing or sold as fresh fruit will
result in an appraised amount of production to count of not less than
the production guarantee per acre if such failure results in our
inability to make the required appraisal.
* * * * *
11. Settlement of Claim
* * * * *
(b) * * *
Example 1:
You select 75 percent coverage level, 100 percent of the price
election, and have a 100 percent share in 50.0 acres of type A prunes
in the unit. The approved yield is 2.5 tons per acre and your price
election is $1,000 per ton. You harvest 10.0 tons. Your indemnity would
be calculated as follows:
(1) 50.0 acres x 2.5 tons x 0.75 = 93.75-ton production guarantee;
(2) 93.75-ton guarantee x $1,000 price election = $93,750 value of
production guarantee;
(4) 10.0 tons x $1,000 price election = $10,000 value of production
to count;
(6) $93,750 - $10,000 = $83,750 loss; and
(7) $83,750 x 1.000 share = $83,750 indemnity payment.
Example 2:
In addition to the information in the first example, you have an
additional 50.0 acres of type B prunes with 100 percent share in the
same unit. The approved yield is 2.0 tons per acre and the price
election is $900 per ton. You harvest 5.0 tons. Your total indemnity
for both types A and B would be calculated as follows:
(1) 50.0 acres x 2.5 tons x 0.75 = 93.75-ton production guarantee
for type A and 50.0 acres x 2.0 x 0.75 tons = 75.0-ton production
guarantee for type B;
(2) 93.75-ton guarantee x $1,000 price election = $93,750 value of
production guarantee for type A and 75.0-ton guarantee x $900 price
election = $67,500 value production guarantee for type B;
(3) $93,750 + $67,500 = $ 161,250 total value of production
guarantee;
(4) 10.0 tons x $1,000 price election = $10,000 value of production
to count for type A and 5.0 tons x $900 price election = $4,500 value
of production to count for type B;
(5) $10,000 + $4,500 = $14,500 total value of production to count;
(6) $161,250 - $14,500 = $146,750 loss; and
(7) $146,750 loss x 1.000 share = $146,750 indemnity payment.
* * * * *
0
14. Amend Sec. 457.135 by:
0
a. Revise the undesignated introductory paragraph following the section
heading;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. In the definition of ``Production guarantee (per acre)'', add
introductory text;
0
c. In section 2, revise the section heading;
0
d. In section 3:
0
i. Revise the section heading; and
0
ii. In paragraph (a), remove the words ``Special Provisions provide''
and add ``actuarial documents provide'' in their place;
0
e. In section 4, revise the section heading;
0
f. In section 5:
0
i. Revise the section heading; and
0
ii. Revise the table;
0
g. In section 6, revise the section heading;
0
h. In section 9, in paragraph (a), remove the words ``we agree in
writing to insure'' and add ``a written agreement insures'' in their
place;
0
i. In section 13, revise paragraph (b); and
0
j. In section 14, in paragraph (b), revise the example.
The revisions read as follows:
Sec. 457.135 Onion crop insurance provisions.
The Onion Crop Insurance Provisions for the 2023 and succeeding
crop years are as follows:
* * * * *
1. Definitions
* * * * *
Production guarantee (per acre). In lieu of the definition
contained in section 1 of the Basic Provisions, the production
guarantee will be determined by stage as follows:
* * * * *
2. Unit Division
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
4. Contract Changes
* * * * *
5. Cancellation and Termination Dates
* * * * *
------------------------------------------------------------------------
State & county Cancellation date Termination date
------------------------------------------------------------------------
Arizona; Georgia; Uvalde August 31........... August 31.
County, Texas, and all
Texas Counties lying south
thereof.
Umatilla County, Oregon; and August 31........... September 30.
Walla Walla County,
Washington.
All California Counties, September 30........ September 30.
except Lassen, Modoc, and
Shasta.
All other states and February 1.......... February 1.
counties.
------------------------------------------------------------------------
* * * * *
6. Report of Acreage
* * * * *
13. Duties in the Event of Damage or Loss
* * * * *
(b) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. We will conduct an appraisal that will be used to determine
your production to count for production that is sold by direct
marketing. If damage occurs after this appraisal, we will conduct an
additional appraisal. These appraisals, and any acceptable records
provided by you, will be used to determine your production to count.
Failure to give timely notice that production will be harvested for
direct marketing will result in an appraised amount of production to
count that is not less than the production guarantee per acre if such
failure results in our inability to make the required appraisal.
* * * * *
14. Settlement of Claim
* * * * *
(b) * * *
For Example:
You have a 100 percent share in 100 acres of a unit of transplanted
storage onions with a production guarantee of 200 hundredweight per
acre, and you select 100 percent of the price election
[[Page 38896]]
of $20.00 per hundredweight. Your crop suffers a covered cause of loss
on 25 acres during the second stage which has a second stage production
guarantee of 60 percent of the final stage production guarantee which
equals 120 hundredweight per acre. The appraised production on the 25
acres was 2,500 hundredweight of onion production. Your harvested onion
production on the remaining 75 acres is 16,000 hundredweight of
harvested production to count. Your indemnity will be calculated as
follows:
(1) 25 acres x 120 hundredweight (200 x .60) second stage
production guarantee = 3,000 hundredweight, and 75 acres x 200
hundredweight final stage production guarantee = 15,000 hundredweight;
(2) 3,000 hundredweight second stage production guarantee x $20.00
price election = $60,000 value of second stage production guarantee,
and 15,000 hundredweight final stage production guarantee x $20.00
price election = $300,000 value of final stage production guarantee;
(3) $60,000 value of second stage production guarantee + $300,000
value of final stage production guarantee = $360,000 total value of
production guarantee;
(4) 500 hundredweight second stage production to count (from step 4
of the section 14(c)(1)(iv) example) x $20.00 price election = $10,000
value of second stage production to count, and 16,000 hundredweight
final stage production to count x $20.00 price election = $320,000
value of final stage production to count;
(5) $10,000 value of second stage production to count + $320,000
value of final stage production to count = $330,000 total value of
production to count;
(6) $360,000 total value of production guarantee - $330,000 total
value of production to count = $30,000 value of loss; and
(7) $30,000 x 100 percent share = $30,000 indemnity payment.
* * * * *
0
15. Amend Sec. 457.139 by:
0
a. In the undesignated introductory paragraph following the section
heading, remove the year ``2013'' and add ``2024'' in its place;
0
b. In section 1:
0
i. In the definition of ``Allowable cost'', remove the words''
``Special Provisions'' and add ``actuarial documents'' in their place;
and
0
ii. Revise the definition of ``Direct marketing''; and
0
iii. In the definition of ``Minimum value'', remove the words ``Special
Provisions'' and add ``actuarial documents'' in their place;
0
c. In section 7, remove the words ``Actuarial Table'' and add
``actuarial documents'' in their place;
0
d. In section 9, paragraph (b)(1), remove the colon behind the word
``remains'';
0
e. In section 14:
0
i. In paragraph (c)(2)(i), remove the period after the word
``Provisions'' and add a semi-colon in its place;
0
ii. In paragraphs (c)(3) and (4), remove the words ``Special
Provisions'' and add ``actuarial documents'' in their place each time
they occur; and
0
f. In section 16:
0
i. Revise the section 16 header; and
0
ii. In paragraphs (b)(1) and (2), remove the words ``Special
Provisions'' and add ``actuarial documents'' in their place each time
they occur.
The revisions read as follows:
Sec. 457.139 Fresh Market Tomato Dollar Plan Crop Insurance
Provisions.
* * * * *
1. Definitions
* * * * *
Direct marketing. In addition to the definition contained in
section 1 of the Basic Provisions, the sale of the insured crop
directly to consumers without the intervention of an intermediary
including a registered handler.
* * * * *
16. Minimum Value Option
* * * * *
16. Amend Sec. 457.148 by:
a. In the undesignated introductory paragraph following the section
heading, remove the year ``1999'' and add ``2024'' in its place and
remove the sentence ``If a conflict exists among the policy provisions,
the order of priority is as follows: (1) The Catastrophic Risk
Protection Endorsement, if applicable; (2) the Special Provisions; (3)
these Crop Provisions; and (4) the Basic Provisions with (1)
controlling (2), etc.'';
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. In the definition of ``Planted acreage'' remove the words ``the
Basic Provisions'' and add ``section 1 of the Basic Provisions'' in
their place;
0
c. Revise section 7;
0
d. In section 14, in paragraphs (c)(2) and (3), remove the words
``Special Provisions'' and add ``actuarial documents'' in their place
each time they occur; and
0
e. In section 16, in paragraphs (b)(1)(i) and (ii), remove the words
``Special Provisions'' and add ``actuarial documents'' in their place
each time they occur.
The revisions read as follows:
Sec. 457.148 Fresh Market Pepper Crop Insurance Provisions.
* * * * *
7. Annual Premium
In lieu of the premium amount determinations contained in section 7
(Annual Premium and Administrative Fees) of the Basic Provisions (Sec.
457.8), the annual premium amount for each cultural practice (for
example, fall direct-seeded irrigated) is determined by multiplying the
third stage amount of insurance per acre by the premium rate for the
cultural practice as established in the actuarial documents, by the
insured acreage, by your share at the time coverage begins, and by any
applicable premium adjustment factors contained in the actuarial
documents.
* * * * *
0
17. Amend Sec. 457.149 by:
0
a. In the undesignated introductory paragraph following the section
heading, remove the year ``2010'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definitions of ``Adapted'' and ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2 paragraph (a)(2) and (b), remove the word ``serial'';
0
d. In section 3, revise the section heading;
0
e. In section 7:
0
i. Revise paragraph (e);
0
ii. Revise paragraph (f); and
0
f. In section 11:
0
i. Revise the section heading; and
0
ii. Revise paragraph (b).
The revisions read as follows:
Sec. 457.149 Table grape crop insurance provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more crops are planted in
any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
7. Insured Crop
* * * * *
(e) That, after being set out or grafted, have reached the number
of leaf years designated by the Special Provisions; and
(f) That have produced an average of at least 150 lugs of table
grapes per acre in at least one of the three crop years
[[Page 38897]]
immediately preceding the insured crop year, unless otherwise allowed
by the Special Provisions.
* * * * *
11. Duties in the Event of Damage or Loss
* * * * *
(b) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. We will conduct an appraisal that will be used to determine
your production to count for production that is sold by direct
marketing. If damage occurs after this appraisal, we will conduct an
additional appraisal. These appraisals, and any acceptable records
provided by you, will be used to determine your production to count.
Failure to give timely notice that production will be harvested for
direct marketing will result in an appraised amount of production to
count of not less than the production guarantee per acre if such
failure results in our inability to make the required appraisal.
* * * * *
0
18. Amend Sec. 457.153 by:
0
a. In the undesignated introductory paragraph following the section
heading, remove the year ``2013'' and add ``2023'' in its place;
0
b. In section 1,
0
i. Remove the definition of ``Direct marketing'';
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2:
0
i. Revise the section heading; and
0
ii. In paragraph (b) remove the words ``as specified in the Special
Provisions'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. Revise paragraph (b);
0
iii. In paragraph (c)(3), remove the words ``of trees'' and add ``of
the trees'' in their place; and
0
iv. In paragraph (d)(3) remove ``12(c)(1)(ii)'' and add
``12(c)(1)(ii))'' in its place;
0
e. Revise the section 6 header;
0
f. In section 7:
0
i. In paragraph (d), add the word ``and'' at the end;
0
ii. Revise paragraph (e);
0
iii. Remove paragraph (f); and
0
g. In section 11, revise paragraph (b)(2).
The revisions read as follows:
Sec. 457.153 Peach Crop Insurance Provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more crops are planted in
any form of alternating or mixed pattern.
* * * * *
2. Unit Division
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(b) You may select only one price election for all the peaches in
the county insured under this policy unless the actuarial documents
provide different price elections by fresh and processing peaches. If
the actuarial documents provide different price elections, you may
select a separate price election for all your fresh peaches and for all
your processing peaches. If the actuarial documents do not provide
different price elections, the price elections you choose for fresh
peaches and processing peaches must have the same percentage
relationship to the maximum price offered by us for fresh and
processing peaches. For example, if you choose 100 percent of the
maximum price election for fresh peaches, you must choose 100 percent
of the maximum price election for processing peaches.
* * * * *
6. Report of Acreage
* * * * *
7. Insured Crop
* * * * *
(e) That are grown on trees that have reached at least the fourth
leaf year, unless otherwise allowed by the Special Provisions.
* * * * *
11. Duties in the Event of Damage or Loss
* * * * *
(b) * * *
(2) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested, unless you have records verifying that the direct market
peaches were ``weighed and graded'' through a packing shed. Failure to
give timely notice that production will be harvested for direct
marketing will result in an appraised amount of production to count not
less than the production guarantee per acre if such failure results in
our inability to make the required appraisal.
* * * * *
0
19. Amend Sec. 457.159 by:
0
a. In the undesignated introductory paragraph following the section
heading, remove the year ``2011'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading; and
0
ii. Add paragraph (d);
0
e. Revise the section 5 heading;
0
f. In section 6, revise paragraphs (b)(5) and (6);
0
g. In section 10, revise paragraph (b); and
0
h. In section 11, revise Scenario 1 and Scenario 2.
The revisions read as follows:
Sec. 457.159 Stonefruit crop insurance provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more crops are planted in
any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(d) You may not increase your elected or assigned coverage level or
the ratio of your price election to the maximum price election we offer
if a cause of loss that could or would reduce the yield of the insured
crop is evident prior to the time that you request the increase.
* * * * *
5. Cancellation and Termination Dates
* * * * *
6. Insured Crop
* * * * *
(b) * * *
(5) Have produced at least 200 lugs of fresh market production per
acre, or at least 2.2 tons per acre for processing crops, in at least
one of the four most recent actual production history crop years,
unless otherwise allowed by the Special Provisions;
(6) Have reached at least the fifth leaf year, including the fifth
leaf year after grafting if grafting occurs after set out, unless
otherwise allowed by the Special Provisions; and
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
[[Page 38898]]
(b) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. We will conduct an appraisal that will be used to determine
your production to count for production that is sold by direct
marketing. If damage occurs after this appraisal, we will conduct an
additional appraisal. These appraisals, and any acceptable records
provided by you, will be used to determine your production to count.
Failure to give timely notice that production will be harvested for
direct marketing will result in an appraised amount of production to
count of not less than the production guarantee per acre if such
failure results in our inability to make the required appraisal.
* * * * *
11. Settlement of Claim
* * * * *
Scenario 1:
You select 75 percent coverage level and 100 percent of the price
election on 50.0 acres of Type A stonefruit with 100 percent share in
the unit. The approved yield is 500.0 lugs per acre and the price
election is $6.00 per lug. You harvest 5,000 lugs. Your indemnity would
be calculated as follows:
(1) 50.0 acres x 500.0 lugs x 0.75 = 18,750-lug production
guarantee;
(2) 18,750 lugs x $6.00 price election x 100 percent of the price
election = $112,500 value of production guarantee;
(4) 5,000 harvested lugs x $6.00 price election x 100 percent of
the price election = $30,000 value of production to count;
(6) $112,500 - $30,000 = $82,500 loss; and
(7) $82,500 x 1.000 share = $82,500 indemnity payment.
Scenario 2:
In addition to the above information in Scenario 1, you have an
additional 50.0 acres of Type B stonefruit with 100 percent share in
the unit. The approved yield is 300.0 lugs per acre and the price
election is $4.00 per lug. You harvest 3,000 lugs. Your indemnity would
be calculated as follows:
(1) 50.0 acres x 500.0 lugs x 0.75 Type A = 18,750-lug guarantee;
and 50.0 acres x 300.0 lugs x 0.75 Type B = 11,250-lug guarantee;
(2) 18,750 lugs x $6.00 price election x 100 percent of the price
election = $112,500 value of guarantee for Type A; and 11,250 lugs x
$4.00 price election x 100 percent of the price election = $45,000
value of guarantee for Type B;
(3) $112,500 + $45,000 = $157,500 total value of production
guarantee;
(4) 5,000 harvested lugs Type A x $6.00 price election x 100
percent of the price election = $30,000 value of production to count;
and 3,000 harvested lugs Type B x $4.00 price election x 100 percent of
the price election = $12,000 value of production to count;
(5) $30,000 + $12,000 = $42,000 total value of production to count;
(6) $157,500 - $42,000 = $115,500 total loss; and
(7) $115,500 loss x 1.000 share = $115,500 indemnity payment.
* * * * *
0
20. Amend Sec. 457.166 by:
0
a. In the undesignated introductory paragraph after the section
heading, remove the year ``2005'' and add ``2023'' in its place and
remove the sentence ``If a conflict exists among the policy provisions,
the order of priority is as follows: (1) The Catastrophic Risk
Protection Endorsement, if applicable; (2) the Special Provisions; (3)
these Crop Provisions; and (4) the Basic Provisions with (1)
controlling (2), etc.'';
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. Revise the section 3 heading;
0
d. In section 6, in paragraph (a)(2)(i), remove the word ``became'' and
add ``become'' in its place;
0
e. In section 9, revise paragraph (a)(3); and
0
f. In section 10, in paragraph (b), revise the Example.
The revisions read as follows:
Sec. 457.166 Blueberry crop insurance provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
9. Duties in the Event of Damage or Loss
* * * * *
(a) * * *
(3) At least 15 calendar days before any production will be
harvested if any portion of your crop will be direct marketed. We will
conduct an appraisal that will be used to determine your production to
count sold by direct marketing. If damage occurs after this appraisal,
we will conduct an additional appraisal. These appraisals and
acceptable records provided by you will be used to determine your
production to count. Failure to give timely notice that production will
be harvested for direct marketing will result in an appraised amount of
production to count that is not less than the production guarantee per
acre if such failure results in our inability to make the required
appraisal.
* * * * *
10. Settlement of Claim
* * * * *
(b) * * *
Example for Section 10(b)
You have 100 percent share in 25 acres of highbush blueberries with
a production guarantee of 4,000 pounds per acre and a price election of
$.90 per pound. You are only able to harvest 62,500 total pounds
because adverse weather reduced the yield. Your indemnity would be
calculated as follows:
A. 25 acres x 4,000 pound production guarantee/acre = 100,000 pound
total production guarantee;
B. 100,000 pounds x $.90 price election = $90,000 guarantee;
C. One type only, so same as (2) above, $90,000;
D. 62,500 pounds production to count x $.90 price election =
$56,250 value of production to count;
E. One type only, so same as (4) above, $56,250;
F. $90,000 - $56,250 = $33,750 loss; and
G. $33,750 x 100 percent share = $33,750 indemnity payment.
End of Example.
* * * * *
0
21. Amend Sec. 457.167 by:
0
a. In the undesignated introductory paragraph following the section
heading, remove the year ``2014'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Revise the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. Revise the section 2 heading;
0
d. Revise the section 3 heading;
0
e. In section 8:
0
i. In paragraph (d), remove the words ``we inspect and allow
insurance'' and add ``otherwise allowed'' in their place;
0
ii. In paragraph (f), remove the words ``allowed by written agreement''
and add ``otherwise allowed by the Special Provisions'' in their place;
and
0
iii. In paragraph (g), add ``otherwise'' after the word ``unless'';
0
f. In section 10, revise the paragraph (a)(1);
0
g. In section 12(b), remove the words ``will be sold by'' and add
``will be harvested for'' in their place each time they occur; and
0
h. In section 16, remove the words ``Not withstanding'' and add
``Notwithstanding'' in its place.
The revisions read as follows:
Sec. 457.167 Pecan revenue crop insurance provisions.
* * * * *
1. Definitions
* * * * *
[[Page 38899]]
Direct marketing. In addition to the definition contained in
section 1 of the Basic Provisions, the sale of the insured crop
directly to consumers without the intervention of an intermediary
including a sheller. An additional example of direct marketing includes
shelling and packing your own pecans.
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage on which two or more crops are planted in
any form of alternating or mixed pattern.
* * * * *
2. Unit Division
* * * * *
3. Insurance Guarantees and Coverage Levels
* * * * *
10. Insurance Period
(a) * * *
(1) Coverage begins on February 1 of each crop year. However, for
the year of application, we will inspect all pecan acreage and will
notify you if your application was accepted or not accepted, no later
than 30 days after the sales closing date. If we fail to notify you by
that date, your application will be accepted unless other grounds exist
to not accept the application, as specified in section 2 of the Basic
Provisions. You must provide any information that we require for the
crop or to determine the condition of the orchard.
* * * * *
0
22. Amend Sec. 457.171 by:
0
a. Revise the undesignated introductory paragraph following the section
heading;
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. In section 3:
0
i. Revise the section heading; and
0
ii. In paragraph (a), remove the words ``Special Provisions'' and add
``actuarial documents'' in their place each time they appear;
0
d. In section 4:
0
i. Revise paragraph (a);
0
ii. Revise paragraph (b); and
0
iii. In paragraph (c), remove the words ``Special Provisions'' and add
``actuarial documents'' in their place;
0
e. In section 5 revise the table;
0
f. In section 9:
0
i. In paragraph (b)(2)(iii) remove the words ``Brooks, Colquitt, Tift,
Toombs Counties,''
0
ii. Revise paragraphs (b)(2)(iv) and (v);
0
iii. Revise paragraph (b)(2)(vii);
0
iv. Add the word ``and'' after the semi-colon in paragraph
(b)(2)(ix)(A);
0
v. Remove paragraph (b)(2)(ix)(B);
0
vi. Redesignate paragraph (b)(2)(ix)(C) as paragraph (b)(2)(ix)(B); and
0
g. Revise the section 12 heading.
The revisions read as follows:
Sec. 457.171 Cabbage Crop Insurance Provisions.
The Cabbage Crop Insurance Provisions for the 2023 and succeeding
crop years in counties with a contract change date of November 30, and
for the 2024 and succeeding crop years in counties with a contract
change date of April 30, are as follows:
FCIC policies: United States Department of Agriculture, Federal
Crop Insurance Corporation.
Reinsured policies: (Appropriate title for insurance provider).
Both FCIC and reinsured policies: Cabbage Crop Insurance
Provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
4. Contract Changes
* * * * *
(a) April 30 in Florida; Georgia; and Texas;
(b) November 30 in Alaska; Michigan; New Jersey, New York; North
Carolina; Ohio; Oregon; Pennsylvania; Virginia; Washington; and
Wisconsin; or
* * * * *
5. Cancellation and Termination Dates
* * * * *
------------------------------------------------------------------------
Cancellation and termination
State and counties dates
------------------------------------------------------------------------
Georgia, Texas.......................... July 1.
Florida................................. August 15.
Oregon, Washington...................... February 1.
North Carolina.......................... February 28.
Alaska, Michigan, New Jersey, New York, March 15.
Ohio, Pennsylvania, Virginia, and
Wisconsin.
All other states and counties........... As designated in the Special
Provisions.
------------------------------------------------------------------------
* * * * *
9. Insurance Period
* * * * *
(b) * * *
(2) * * *
(iv) Michigan, New Jersey, and Ohio:
(A) September 30 for the spring planting period; and
(B) November 25 for the summer planting period;
(v) New York and Pennsylvania: November 25;
* * * * *
(vii) Oregon:
(A) March 1 for all fall Red (Fresh) and Green (Fresh) types; and
(B) December 31 for all other types and planting periods;
* * * * *
12. Duties in the Event of Damage or Loss
* * * * *
0
23. Amend Sec. 457.173 by:
0
a. In the undesignated introductory paragraph following the section
heading, remove the year ``2011'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. In the definition of ``Type'', remove the words ``Either early
varieties or'' and add ``Early varieties, mid varieties, or'' in their
place;
0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (a)(3)(i), remove the words ``varieties of'' and add
``varieties and mid varieties of'' in their place; and
0
iii. In paragraph (b), remove the words ``Special Provisions'' and add
``actuarial documents'' in their place each time they appear;
0
e. In section 6, paragraph (b)(1), remove the words ``growing season
after set out'' and add ``leaf year'' in their place; and
0
f. In section 10:
0
i. Revise paragraph (a) introductory text; and
0
ii. In paragraph (a)(2), remove the words ``sold by'' and add
``harvested for'' in their place.
The revisions read as follows:
[[Page 38900]]
Sec. 457.173 Florida Avocado crop insurance provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices.
* * * * *
10. Duties in the Event of Damage or Loss.
In addition to the requirements of section 14 of the Basic
Provisions, the following will apply:
(a) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested.
* * * * *
0
24. Amend Sec. 457.175 by:
0
a. In the undesignated introductory paragraph, remove the year ``2020''
and add ``2024'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. Revise the section 3 heading;
0
d. In section 6, in paragraph (b), remove the words ``growing season
after set out'' and add ``leaf year'' in their place;
0
e. In section 10, paragraph (a), revise the first sentence; and
0
f. In section 11, paragraph(b)(3), remove ``11(c)'' and add ``11(c))''
in its place.
The revisions read as follows:
Sec. 457.175 California avocado crop insurance provisions.
* * * * *
1. Definitions
* * * * *
Interplanted. In lieu of the definition contained in section 1 of
the Basic Provisions, acreage in which two or more crops are planted in
any form of an alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
(a) If any portion of your crop will be direct marketed, you must
notify us at least 15 calendar days before any production will be
harvested. * * *
* * * * *
Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2022-13411 Filed 6-29-22; 8:45 am]
BILLING CODE 3410-08-P
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</html>Indexed from Federal Register on June 30, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.