Rule2022-25529
Small Grains and Processing Sweet Corn Crop Insurance Improvements
Primary source
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Published
November 25, 2022
Effective
November 25, 2022
Issuing agencies
Agriculture DepartmentFederal Crop Insurance Corporation
Abstract
The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Small Grains Crop Insurance Provisions, Processing Sweet Corn Crop Insurance Provisions, Cabbage Crop Insurance Provisions, and the Fresh Market Tomato (Dollar Plan) Crop Insurance Provisions. The changes will allow revenue coverage for oats and rye under the Small Grains Crop Insurance Provisions and extend the end of the insurance period date for processing sweet corn from September 20 to September 30 in Illinois, Minnesota, and Wisconsin. This will benefit the producers in those states by providing them with an additional 10 days of coverage, consistent with the existing coverage for producers in Iowa. In addition, this final rule will make corrections to the Cabbage Crop Insurance Provisions and the Fresh Market Tomato (Dollar Plan) Crop Insurance Provisions. The changes will be effective for the 2023 and succeeding crop years for crops with a contract change date on or after November 30, 2022, and for the 2024 and succeeding crop years with a contract change date on or after June 30, 2023.
Full Text
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<title>Federal Register, Volume 87 Issue 226 (Friday, November 25, 2022)</title>
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<body><pre>
[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72359-72364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25529]
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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.
========================================================================
Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 /
Rules and Regulations
[[Page 72359]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
RIN 0563-AC82
[Docket ID FCIC-22-0008]
Small Grains and Processing Sweet Corn Crop Insurance
Improvements
AGENCY: Federal Crop Insurance Corporation, U.S. Department of
Agriculture (USDA).
ACTION: Final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the
Common Crop Insurance Regulations, Small Grains Crop Insurance
Provisions, Processing Sweet Corn Crop Insurance Provisions, Cabbage
Crop Insurance Provisions, and the Fresh Market Tomato (Dollar Plan)
Crop Insurance Provisions. The changes will allow revenue coverage for
oats and rye under the Small Grains Crop Insurance Provisions and
extend the end of the insurance period date for processing sweet corn
from September 20 to September 30 in Illinois, Minnesota, and
Wisconsin. This will benefit the producers in those states by providing
them with an additional 10 days of coverage, consistent with the
existing coverage for producers in Iowa. In addition, this final rule
will make corrections to the Cabbage Crop Insurance Provisions and the
Fresh Market Tomato (Dollar Plan) Crop Insurance Provisions. The
changes will be effective for the 2023 and succeeding crop years for
crops with a contract change date on or after November 30, 2022, and
for the 2024 and succeeding crop years with a contract change date on
or after June 30, 2023.
DATES:
Effective date: November 25, 2022.
Comment date: We will consider comments that we receive by the
close of business January 24, 2023. 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-22-0008. 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#1f796d7e717c767a316b7073737a5f6a6c7b7e31787069"><span class="__cf_email__" data-cfemail="a6c0d4c7c8c5cfc388d2c9cacac3e6d3d5c2c788c1c9d0">[email protected]</span></a>. Persons with disabilities who
require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 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.
FCIC amends the Common Crop Insurance Regulations by revising 7 CFR
457.101 Small Grains Crop Insurance Provisions, 7 CFR 457.139 Fresh
Market Tomato (Dollar Plan) Crop Insurance Provisions, 7 CFR 457.154
Processing Sweet Corn Crop Insurance Provisions, and 7 CFR 457.171
Cabbage Crop Insurance Provisions. In addition, this final rule will
make corrections to references, missing words, grammatical and spelling
errors, repetitive parenthetical titles, and inadvertently missing text
that was identified in the Cabbage Crop Insurance Provisions and the
Fresh Market Tomato (Dollar Plan) Crop Insurance Provisions. The
changes will be effective for the 2023 and succeeding crop years for
crops with a contract change date on or after November 30, 2022, and
for the 2024 and succeeding crop years with a contract change date on
or after June 30, 2023.
The changes to 7 CFR 457.101 Small Grains Crop Insurance Provisions
are:
The Small Grains Crop Provisions currently offers actual production
history (APH) coverage for buckwheat, flax, oats, and rye; and offers
yield protection (YP), revenue protection (RP), and revenue protection
with harvest price exclusion (RP-HPE) for barley and wheat. In this
final rule, FCIC is expanding RP and RP-HPE for oats and rye, matching
available coverage for barley and wheat.
The current APH coverage will be converted to YP. For producers who
wish to maintain yield coverage, the only difference in coverage will
be the price guarantee will match the projected price offered for
revenue protection (established approximately 2 weeks prior to the
sales closing date), instead of a price election established by the
Risk Management Agency (RMA) (established prior to the contract change
date).
With the availability of revenue protection for oats and rye, the
terms ``price election'' and ``production guarantee'' are no longer
applicable. Instead, the terms ``projected price,'' ``yield protection
guarantee,'' and ``revenue protection guarantee'' are applicable. These
changes appear in the following sections of the Small Grains Crop
Insurance Provisions to expand revenue coverage to oats and rye:
[[Page 72360]]
paragraph 3 (a) and (b), paragraph 9 (c), and paragraphs 11 (b) and
(c).
In Section 3, FCIC is revising paragraph (a) to remove the
references to oats and rye. Prior to this rule, the provision stated
that revenue protection is not available for oats, rye, flax, or
buckwheat. FCIC is removing oats and rye from the list of crops because
revenue coverage will now be available for oats and rye. FCIC is also
revising paragraph (b) to add references to oats and rye. Prior to this
rule, the provisions stated that revenue protection is available for
barley and wheat. FCIC is adding oats and rye to the list of crops in
the two places where the list occurs.
In Section 9, FCIC is revising paragraph (c)(2)(i) to remove the
reference to oats and revise paragraph (c)(2)(ii) to add a reference to
oats. When a crop does not have yield or revenue protection available,
the price used for determining coverage and any indemnity payments,
including replanting payments, is called the price election. For crops
for which yield and revenue protection are available, this price is
called the projected price. In paragraph (c)(2)(i), prior to this rule,
the provision stated that the replanting payment for oats will be
determined by using the price election. This rule changes the
regulation to make revenue and yield protection plans of insurance
available for oats; therefore, the price used will be the projected
price. Paragraph (c)(2)(ii) contains provisions applicable to the
projected price. FCIC is revising paragraph (c)(2)(ii) to include oats,
as the projected price will now be used. There are no changes in this
section regarding rye because replanting payments are not available for
rye.
In Section 11, FCIC is revising paragraphs (b)(1)(i), (ii) and
(iii). Paragraphs (b)(1)(i), (ii), and (iii) refer to ``yield
protection guarantee,'' ``production guarantee,'' and ``revenue
protection guarantee,'' respectively. For crops for which yield and
revenue protection are available, the applicable terms are yield
protection guarantee and revenue protection guarantee. For crops for
which yield and revenue protection are not available, the applicable
term is production guarantee. Therefore, this rule is removing the
references to oats and rye in paragraph (b)(1)(ii), which address
production guarantee, and adds them to paragraphs (b)(1)(i) and (iii),
which address yield protection guarantee and revenue protection
guarantee.
FCIC is also revising paragraph (b)(3)(i) to add references to oats
and rye and revising paragraph (b)(3)(ii) to remove the references to
oats and rye. This change is consistent with the change discussed above
for section 9 paragraph (c)(2). Paragraph (b)(3)(i) refers to
computations using the projected price; paragraph (b)(3)(ii) refers to
computations using the price election. Oats and rye are being removed
from paragraph (b)(3)(ii) and added to paragraph (b)(3)(i) to align
with the proper terms for crops for which revenue protection is
available.
FCIC is also revising paragraph (c)(1)(i) to remove the reference
to oats and rye in one place and add the reference in two places.
Paragraph (c)(1)(i) contains provisions that explain what appraised
production includes. Prior to this rule, oats and rye were included in
a list of crops with buckwheat and flax. Those four crops have similar
coverage and use the same crop insurance terminology under the Small
Grains Crop Provisions. This rule removes oats and rye from the list of
crops containing buckwheat and flax and adds them to the list of crops
containing barley and wheat in two places because allowing revenue
coverage for oats and rye make coverage and crop insurance terminology
for those two crops consistent with coverage and terminology for barley
and wheat.
FCIC is adding the word ``an'' to make the sentence in section 2
paragraph (a)(3) grammatically correct.
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.
FCIC is correcting the location of premium rates from ``actuarial
table'' to ``actuarial documents'' in section 6 paragraph (d). The
practical meaning is the same. However, the CCIP Basic Provisions
defines ``actuarial documents'' so that is the correct term to refer to
the location of the premium rates information.
FCIC is updating prices in the settlement of claim example, so the
prices are more reflective of current values and potential indemnities.
FCIC is also adding ``not applicable'' next to any steps that do not
apply to the example. Specifically, steps 2 and 4 in the example are to
sum the results of the prior step for each type. The example is for a
single type and summing the results is not an applicable step in the
calculation.
The changes to 7 CFR 457.154 Processing Sweet Corn Crop Insurance
Provisions are:
In response to feedback from producers and processors, FCIC is
revising the end of insurance date for Illinois, Minnesota, and
Wisconsin from September 20 to September 30. The end of insurance date
is already September 30 in Iowa where the producers use the same
processors for their crop. The processors coordinate the timing of
harvest in advance to maximize operational and storage capabilities at
the processing plant. The typical harvest period ends around September
30 and producers are currently left without insurance coverage after
September 20. Claims for losses are not expected to increase
significantly because the main cause of loss leading up to harvest is
freeze or frost and the average first hard freeze dates for these
states are between October 3 to October 12, after the revised end of
insurance date. This rule will also move the end of insurance period
date to the Special Provisions, ensuring RMA can timely adjust the end
of insurance period date if another change is needed in the future.
Other minor changes to 7 CFR 457.154 Processing Sweet Corn Crop
Insurance Provisions include:
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.
FCIC is revising the definition of ``good farming practice'' to
clarify the definition for ``good farming practice'' is in addition to
the definition in the CCIP Basic Provisions, because cultural practices
required by the sweet corn processor contract are also considered good
farming practices for the crop.
FCIC is revising the definition of ``practical to replant'' to
clarify that the definition is in addition to the definition in the
CCIP Basic Provisions, because the processor must also agree to accept
the production in order for the crop to be considered practical to
replant.
FCIC is revising the definition of ``processor contract'' to
replace the term ``written agreement'' with ``written contract.'' The
term ``written agreement'' has a specific defined meaning in the CCIP
Basic Provisions that does not apply to a processor contract. This
change should help avoid confusion with the definition of a ``written
agreement.''
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
[[Page 72361]]
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.
FCIC is updating prices and yields in settlement of claim examples,
so they are more reflective of current values and potential
indemnities. FCIC is also adding ``not applicable'' next to any steps
that do not apply to the example. Specifically, steps 3 and 5 in the
first example are to sum the results of the prior step for each type.
The example is for a single type and summing the results is not an
applicable step in the calculation.
FCIC is removing the phrase ``the provisions of'' or the
``provisions contained in'' each time they occur to be consistent when
referring to the CCIP Basic Provisions.
FCIC is removing the phrase ``the requirements of'' in section 3 to
be consistent when referring to the CCIP Basic Provisions.
FCIC is replacing ``FSA farm serial number'' with ``FSA farm
number,'' because ``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.''
The technical edits and corrections to 7 CFR 457.139 Fresh Market
Tomato (Dollar Plan) Crop Insurance Provisions are:
FCIC is revising section 11 paragraph (b) to clarify that FCIC will
not insure the crop due to an excluded cause of loss for any damage,
not just production losses. Production loss is not defined in the CCIP
Basic Provisions and could be interpreted as having losses associated
with a producer's actual production history only. Damage is defined in
the CCIP Basic Provisions as injury, deterioration, or loss of
production of the insured crop due to insured or uninsured causes.
FCIC is removing the phrase ``the provisions of'' each time they
occur to be consistent when referring to the CCIP Basic Provisions.
The technical edits and corrections to 7 CFR 457.171 Cabbage Crop
Insurance Provisions are:
FCIC is revising the definition of ``crop year'' to remove the
capitalization of ``year'' so that it matches the definition in CCIP
Basic Provisions.
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.
Although not required by APA or any other law, FCIC has chosen to
request comments on this rule.
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.
For major rules, the Congressional Review Act requires a delay 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.
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 emphasizes the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. The requirements in
Executive Orders 12866 and 13563 for the analysis of costs and benefits
apply to rules that are determined to be significant.
The Office of Management and Budget (OMB) designated this rule as
not significant under Executive Order 12866. Therefore, OMB has not
reviewed this rule and analysis of the costs and benefits is not
required under either Executive Order 12866 or Executive Order 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
In general, the environmental impacts of rules are to be considered
in a manner consistent with the provisions of the National
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347) and the
regulations of the Council on Environmental Quality (40 CFR parts 1500-
1508). FCIC conducts programs and activities that have been determined
to have no individual or cumulative effect on the human environment. As
specified in 7 CFR 1b.4, FCIC is categorically excluded from the
preparation of an Environmental Analysis or Environmental Impact
Statement unless the FCIC Manager (agency head) determines that an
action may have a significant environmental effect. The FCIC Manager
has determined this rule will not have a significant environmental
effect. Therefore, FCIC will not prepare an environmental assessment or
environmental impact statement for this action and this rule serves as
documentation of the programmatic environmental compliance decision.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, ``Civil
Justice Reform.'' This rule will not preempt State or local laws,
regulations, or policies unless they represent an irreconcilable
conflict with this rule. Before any judicial actions may be brought
regarding the provisions of this rule, the administrative appeal
provisions of 7 CFR part 11 are to be exhausted.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires Federal agencies
to consult and coordinate with Tribes on a government-to-government
basis on policies that have Tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that
[[Page 72362]]
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 Federal Domestic Assistance Program
listed in the Assistance Listing to which this rule applies is No.
10.450--Crop Insurance.
Paperwork Reduction Act of 1995
The purpose of the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35, subchapter I), among other things, are to minimize the
paperwork burden on individuals, and to require Federal agencies to
request and receive approval from the Office of Management and Budget
(OMB) prior to collecting information from ten or more persons. This
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#8dc2cccecdf8fee9eca3eae2fb"><span class="__cf_email__" data-cfemail="f5bab4b6b580869194db929a83">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 7 CFR Part 457
Acreage allotments, Crop insurance, Reporting and recordkeeping
requirements.
For the reasons discussed above, FCIC amends 7 CFR part 457 as
follows:
PART 457--COMMON CROP INSURANCE REGULATIONS
0
1. The authority citation for 7 CFR part 457 continues to read as
follows:
Authority: 7 U.S.C. 1506(l), 1506(o).
0
2. Amend Sec. 457.101 by:
0
a. Revise the introductory text;
0
b. In section 1, in the definition of ``latest final planting date'',
redesignate paragraphs (a), (b), and (c) as paragraphs (1), (2), and
``(3), respectively;
0
c. In section 2:
0
i. In the section heading, remove the period; and
0
ii. In paragraph (a)(3) introductory text, remove the words ``you
elected enterprise unit'' and add ``you elected an enterprise unit'' in
their place;
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (a), remove the words ``your oats, rye, flax,'' and
add ``flax'' in their place; and
0
iii. Revise paragraphs (b) introductory text and (b)(1);
0
e. In section 6, in paragraph (d), remove the words ``actuarial table
provides'' and add ``actuarial documents provide'' in their place;
0
f. In section 9:
0
i. In paragraph (c)(2)(i), remove the words ``oats, flax,'' and add
``flax'' in their place; and
0
ii. In paragraph (c)(2)(ii), remove the words ``wheat or barley'' and
add ``barley, oats, or wheat'' in their place;
0
g. In section 11:
0
i. In paragraph (b)(1)(i), remove the word ``barley'' and add the words
``barley, oats, rye,'' in its place;
0
ii. In paragraph (b)(1)(ii), remove the words ``oats, rye, flax,'' and
add ``flax'' in their place;
0
iii. In paragraph (b)(1)(iii), remove the word ``barley'' and add
``barley, oats, rye,'' in its place;
0
iv. In paragraph (b)(3)(i), remove the words ``wheat or barley'' and
add ``barley, oats, rye, or wheat'' in their place;
0
v. In paragraph (b)(3)(ii), remove the words ``oats, rye, flax,'' and
add the word ``flax'' in their place;
0
vi. Revise paragraph (b)(6);
0
vii. Revise paragraph (c)(1)(i) introductory text; and
0
viii. In paragraph (c)(1)(iii), remove the cross reference ``in
accordance with subsection 11.(d)'' and add ``in accordance with
paragraph (d) of this section'' in its place;
0
ix. In paragraph (d)(2)(i)(A), remove the words ``smutty or ergoty''
and add ``smutty, and ergoty'' in their place;
0
x. In paragraphs (d)(2)(i)(B) and (C), remove the words ``garlicky or
ergoty'' and add ``garlicky, or ergoty'' in their place; and
0
xi. In paragraph (d)(2)(ii), remove the words ``smutty or ergoty'' and
add ``smutty, and ergoty'' in their place; and
0
h. In section 13, in the section heading, remove the period.
The revisions and additions read as follows:
[[Page 72363]]
Sec. 457.101 Small grains crop insurance provisions.
The Small Grains Crop Insurance Provisions for the 2023 and
succeeding crop years for crops with a contract change date on or after
November 30, 2022, and for the 2024 and succeeding crop years with a
contract change date prior to November 30, 2022, are as follows:
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(b) Revenue protection is available for barley, oats, rye, and
wheat. Therefore, if you elect to insure your barley, oats, rye, or
wheat:
(1) You must elect to insure your barley, oats, rye, or wheat with
either revenue protection or yield protection by the sales closing
date; and
* * * * *
11. Settlement of Claim
* * * * *
(b) * * *
(6) Multiplying the result of section 11(b)(5) by your share.
For example:
You have 100 percent share in 50 acres of wheat in the unit with a
production guarantee (per acre) of 45 bushels, your projected price is
$7.10, your harvest price is $10.90, and your production to count is
2,000 bushels.
If you elected yield protection:
(1) 50 acres x (45-bushel production guarantee x $7.10 projected
price) = $15,975.00 value of the production guarantee;
(2) Not applicable;
(3) 2,000-bushel production to count x $7.10 projected price =
$14,200.00 value of the production to count;
(4) Not applicable;
(5) $15,975.00-$14,200.00 = $1,775.00; and
(6) $1,775.00 x 1.000 share = $1,775.00 indemnity; or
If you elected revenue protection:
(1) 50 acres x (45-bushel production guarantee x $10.90 harvest
price) = $24,525.00 revenue protection guarantee;
(2) Not applicable;
(3) 2,000-bushel production to count x $10.90 harvest price =
$21,800.00 value of the production to count;
(4) Not applicable;
(5) $24,525.00-$21,800.00 = $2,725.00; and
(6) $2,725.00 x 1.000 share = $2,725.00 indemnity.
(c) * * *
(1) * * *
(i) For flax or buckwheat, and barley, oats, rye, or wheat under
yield protection, not less than the production guarantee (per acre),
and for barley, oats, rye, or wheat under revenue protection, not less
than the amount of production that when multiplied by the harvest price
equals the revenue protection guarantee (per acre) for acreage:
* * * * *
0
3. Amend Sec. 457.139 by:
0
a. In section 9, in paragraph (a) and paragraph (b) introductory text,
remove the words ``the provisions of'';
0
b. In section 11:
0
i. Remove the words ``the provisions of'' in paragraph (a) introductory
text; and
0
ii. Revise paragraph (b) introductory text.
The revisions read as follows:
Sec. 457.139 Fresh Market Tomato (Dollar Plan) crop insurance
provisions.
* * * * *
11. Causes of Loss
* * * * *
(b) In addition to the causes of loss excluded in section 12 of the
Basic Provisions, we will not insure against any damage or loss of
production due to:
* * * * *
0
4. Amend Sec. 457.154 by:
0
a. Revise the introductory text;
0
b. Remove the undesignated introductory paragraph between ``Processing
Sweet Corn Crop Provisions'' and Section 1;
0
c. In section 1:
0
i. Revise the definition of ``Good farming practices'';
0
ii. Revise the definition of ``Practical to replant''; and
0
iii. Revise the definition of ``Processor contract'';
0
d. In section 2, in paragraph (a)(2), remove the word ``serial'';
0
e. In section 3:
0
i. Revise the section heading; and
0
ii. In the introductory text, remove the words ``the requirements of'';
0
f. In section 6, remove the words ``the provisions of'';
0
g. In section 8, introductory text, remove the words ``the provisions
of'';
0
h. In section 9:
0
i. In the introductory text, remove the words ``the provisions
contained in''; and
0
ii. Revise paragraph (d).
0
i. In section 10, introductory text, remove the words ``the provisions
of'';
0
j. In section 11, introductory text, remove the words ``the
requirements of''; and
0
k. In section 12, revise paragraph (b)(7).
The revisions read as follows:
Sec. 457.154 Processing Sweet Corn crop insurance provisions.
The Processing Sweet Corn Crop Insurance Provisions for the 2023
and succeeding crop years are as follows:
* * * * *
1. Definitions
* * * * *
Good farming practices. In addition to the definition contained in
the Basic Provisions, cultural practices required by the processor
contract.
* * * * *
Practical to replant. In addition to the definition in the Basic
Provisions, it will not be considered practical to replant unless the
replanted acreage can produce at least 75 percent of the approved
yield, and the processor agrees in writing that it will accept the
production from the replanted acreage.
* * * * *
Processor contract. (1) A written contract between the producer and
a processor, containing at a minimum:
(i) The producer's commitment to plant and grow sweet corn, and to
deliver the sweet corn production to the processor;
(ii) The processor's commitment to purchase all the production
stated in the processor contract; and
(iii) A base contract price.
(2) Multiple contracts with the same processor that specify amounts
of production will be considered as a single processor contract, unless
the contracts are for different types. Your base contract price will be
the weighted average of all applicable base contract prices.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
9. Insurance Period
* * * * *
(d) The end of insurance date specified in the Special Provisions
or otherwise allowed by written agreement.
* * * * *
12. Settlement of Claim
* * * * *
(b) * * *
(7) Multiplying the result of section 12(b)(6) by your share.
For example:
You have a 100 percent share in 100 acres of type A processing
sweet corn in the unit, with a guarantee of 6.0 tons per acre and a
price election of $100.00 per ton. You are only able to harvest 200
tons. Your indemnity would be calculated as follows:
[[Page 72364]]
(1) 100 acres x 6.0 tons = 600 tons guarantee;
(2) 600 tons x $100.00 price election = $60,000.00 value of
guarantee;
(3) Not applicable;
(4) 200 tons x $100.00 price election = $20,000.00 value of
production to count;
(5) Not applicable;
(6) $60,000.00-$20,000.00 = $40,000.00 loss; and
(7) $40,000.00 x 100 percent = $40,000.00 indemnity payment.
You also have a 100 percent share in 100 acres of type B processing
sweet corn in the same unit, with a guarantee of 60 tons per acre and a
price election of $90.00 per ton. You are only able to harvest 350
tons. Your total indemnity for both types A and B would be calculated
as follows:
(1) 100 acres x 6.0 tons = 600 tons guarantee for type A, and 100
acres x 6.0 tons = 600 tons guarantee for type B;
(2) 600 tons x $100.00 price election = $60,000.00 value of
guarantee for type A, and 600 tons x $90.00 price election = $54,000.00
value of guarantee for type B;
(3) $60,000.00 + $54,000.00 = $114,000.00 total value of guarantee;
(4) 200 tons x $100.00 price election = $20,000.00 value of
production to count for type A, and 350 tons x $90.00 price election =
$31,500.00 value of production to count for type B;
(5) $20,000.00 + $31,500.00 = $51,500.00 total value of production
to count;
(6) $114,000.00-$51,500.00 = $62,500.00 loss; and
(7) $62,500.00 loss x 100 percent = $62,500.00 indemnity payment.
0
5. Amend Sec. 457.171, in section 1, by removing the definition of
``Crop Year'' and adding a definition for ``Crop year'' in its place to
read as follows:
Sec. 457.171 Cabbage crop insurance provisions.
* * * * *
1. Definitions
* * * * *
Crop year. In lieu of the definition contained in section 1 of the
Basic Provisions, a period of time that begins on the first day of the
earliest planting period and continues through the last day of the
insurance period for the latest planting period. The crop year is
designated by the calendar year in which the cabbage planted in the
latest planting period is normally harvested.
* * * * *
Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2022-25529 Filed 11-23-22; 8:45 am]
BILLING CODE 3410-08-P
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</html>Indexed from Federal Register on November 25, 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.