Rule2023-18689
Actual Production History (APH) and Other Crop Insurance Transparency; Corrections
Primary source
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Published
August 30, 2023
Effective
August 30, 2023
Issuing agencies
Agriculture DepartmentFederal Crop Insurance Corporation
Abstract
On June 29, 2023, the Federal Crop Insurance Corporation revised the Area Risk Protection Insurance (ARPI) Regulations, Common Crop Insurance Policy (CCIP) Basic Provisions, and the General Administrative Regulations. In reviewing the changes made, FCIC found some incorrect references and conflicting provisions that were not updated to accurately incorporate the changes, and a grammatical error was included in the amendatory instructions. This document makes the corrections.
Full Text
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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59789-59790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18689]
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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. 88, No. 167 / Wednesday, August 30, 2023 /
Rules and Regulations
[[Page 59789]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket ID FCIC-23-0004]
RIN 0563-AC83
Actual Production History (APH) and Other Crop Insurance
Transparency; Corrections
AGENCY: Federal Crop Insurance Corporation, U.S. Department of
Agriculture (USDA).
ACTION: Correcting amendment.
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SUMMARY: On June 29, 2023, the Federal Crop Insurance Corporation
revised the Area Risk Protection Insurance (ARPI) Regulations, Common
Crop Insurance Policy (CCIP) Basic Provisions, and the General
Administrative Regulations. In reviewing the changes made, FCIC found
some incorrect references and conflicting provisions that were not
updated to accurately incorporate the changes, and a grammatical error
was included in the amendatory instructions. This document makes the
corrections.
DATES: Effective August 30, 2023.
FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926-
7730; email <a href="/cdn-cgi/l/email-protection#c6a0b4a7a8a5afa3e8b2a9aaaaa386b3b5a2a7e8a1a9b0"><span class="__cf_email__" data-cfemail="4d2b3f2c232e24286339222121280d383e292c632a223b">[email protected]</span></a>. Persons with disabilities who
require alternative means of communication should contact the USDA
Target Center at (202) 720-2600 or 844-433-2774.
SUPPLEMENTARY INFORMATION:
Background
The Common Crop Insurance Regulations in 7 CFR part 457 were
revised by a final rule with request for comments published in the
Federal Register on June 29, 2023 (88 FR 42015-42026). Changes were
made in that rule to the Area Risk Protection Insurance (ARPI) Basic
Provisions (7 CFR part 407), Common Crop Insurance Policy (CCIP) Basic
Provisions (7 CFR 457.8), and the General Administrative Regulations in
subpart G of part 400 (Actual Production History) (7 CFR 400.51 through
400.56). The rule moved existing regulatory language from 7 CFR part
400 (subpart G) into the CCIP Basic Provisions and obsoleted subpart G.
Since the publication of the rule, FCIC has identified several
references to subpart G that need correction to refer to CCIP Basic
Provisions. Additionally, the rule revised production reporting
requirements for producers to report ``current'' year production rather
than ``previous'' year production. Since the publication of the rule,
FCIC has found similar references to ``previous'' year production in
various Crop Provisions that need to be corrected to ``current'' year
for consistency with changes made in the rule. Lastly, the final rule
allowed for enterprise units and whole farm units to be identified by
the actuarial documents. FCIC has identified conflicting provisions
that need to be updated. This document makes the corrections in the
following Provisions:
<bullet> Common Crop Insurance Policy Basic Provisions (7 CFR
457.8);
<bullet> Texas Citrus Fruit Crop Insurance Provisions (7 CFR
457.119);
<bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR
457.121);
<bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
and
<bullet> California Avocado Crop Insurance Provisions (7 CFR
457.175).
List of Subjects in 7 CFR Part 457
Acreage allotments, Crop insurance, Reporting and recordkeeping
requirements.
Accordingly, 7 CFR part 457 is corrected by making the following
amendments:
PART 457--COMMON CROP INSURANCE REGULATIONS
0
1. The authority citation for part 457 continues to read as follows:
Authority: 7 U.S.C. 1506(l), 1506(o).
0
2. In Sec. 457.8 in the ``Common Crop Insurance Policy'':
0
a. In section 3, in paragraph (f)(1) introductory text, remove the
words ``specified in the Special Provisions'' and add ``specified in
the Crop Provisions or Special Provisions'' in their place;
0
b. In section 21, in paragraph (f)(1), remove the words ``section
3(f)(1) and 7 CFR part 400, subpart G'' and add ``section 3(f)(1) and
section 5'' in their place;
0
c. In section 22, in paragraph (a) introductory text, remove the words
``(For example'' and add ``(for example'' in their place; and
0
d. In section 34:
0
i. Revise paragraph (a)(2)(iii);
0
ii. In paragraph (a)(3)(i)(A)(1), remove the words ``Special
Provisions'' and add ``actuarial documents'' in their place; and
0
iii. In paragraph (a)(3)(v) introductory text, remove the words ``,
even though you elected revenue protection for all your crops''.
The revision reads as follows:
Sec. 457.8 The application and policy.
* * * * *
Common Crop Insurance Policy
* * * * *
34. Units
(a) * * *
(2) * * *
(iii) Enterprise units must be allowed by the actuarial documents;
* * * * *
0
3. In Sec. 457.119 in the ``Texas Citrus Fruit Crop Provisions'' in
section 3, revise paragraphs (f) and (g) to read as follows:
Sec. 457.119 Texas citrus fruit crop insurance provisions.
* * * * *
0
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(f) Your approved yield will be determined in accordance with
sections 3 and 5 of the Basic Provisions.
(g) Instead of reporting your production for the current crop year,
as required by section 3(f)(1) of the Basic Provisions, there is a lag
year and you are required to report production from two crop years ago
by the production reporting date, e.g., 2023 crop year production must
be reported by the production reporting date for the 2025 crop year.
* * * * *
0
4. In Sec. 457.121 in the ``Arizona-California Citrus Crop
Provisions'' in section 3 revise paragraph (b) to read as follows:
[[Page 59790]]
Sec. 457.121 Arizona-California citrus crop insurance provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(b) Instead of reporting your production of marketable fresh fruit
for the current crop year, as required by section 3(f)(1) of the Basic
Provisions, there is a lag year and you are required to report
production from two crop years ago by the production reporting date,
e.g., 2023 crop year production must be reported by the production
reporting date for the 2025 crop year.
* * * * *
0
5. In Sec. 457.131 in the ``Macadamia Nut Crop Provisions'', section
3:
0
i. In paragraph (c), remove the words ``The yield used to compute your
production guarantee will be determined in accordance with Actual
Production History (APH) regulations, 7 CFR part 400, subpart G, and
applicable policy provisions'' and add ``Your approved yield will be
determined in accordance with sections 3 and 5 of the Basic
Provisions'' in their place; and
0
ii. Revise paragraph (d).
The revision reads as follows:
Sec. 457.131 Macadamia nut crop insurance provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(d) Instead of reporting your production for the current crop year,
as required by section 3(f)(1) of the Basic Provisions, there is a lag
year and you are required to report production from two crop years ago
by the production reporting date, e.g., 2023 crop year production must
be reported by the production reporting date for the 2025 crop year.
* * * * *
0
6. In Sec. 457.175, in the ``California Avocado Crop Provisions'', in
section 3, revise paragraph (e) and the last two sentences of paragraph
(f)(2) to read as follows:
Sec. 457.175 California avocado crop insurance provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
(e) Instead of reporting your production for the current crop year
as required by section 3(f)(1) of the Basic Provisions, you are
required to report the production for the crop year that ended on the
October 31 immediately preceding the cancellation date, e.g., 2023 crop
year production must be reported by the production reporting date for
the 2025 crop year.
(f) * * *
(2) * * * The percentages will be those described in sections 3 and
5 of the Basic Provisions. All other provisions of sections 3 and 5 of
the Basic Provisions apply.
* * * * *
Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2023-18689 Filed 8-29-23; 8:45 am]
BILLING CODE 3410-08-P
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