Common Crop Insurance Regulations; Small Grains Crop Insurance Provisions

CourtFederal Crop Insurance Corporation
Citation86 FR 33485
Published date25 June 2021
Record Number2021-13113
33485
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
Pullulan—for use only in tablets and
capsules for dietary supplements
labeled ‘‘made with organic (specified
ingredients or food group(s)).’’
* * * * *
(b) * * *
Collagen gel—as casing, may be used
only when organic collagen gel is not
commercially available.
* * * * *
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2021–13323 Filed 6–24–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket ID FCIC–21–0002]
RIN 0563–AC73
Common Crop Insurance Regulations;
Small Grains Crop Insurance
Provisions
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
and Malting Barley Price and Quality
Endorsement. For the Small Grains Crop
Insurance Provisions, the intended
effect of this action is to allow
enterprise units by type for wheat, to
clarify policy provisions for consistency
with other crop provisions that offer
coverage on both winter and spring-
planted acreage of the crop. For the
Malting Barley Price and Quality
Endorsement, the intended effect is to
remove and reserve this section. The
changes will be effective for the 2022
and succeeding crop years.
DATES
:
Effective date: June 25, 2021.
Comment date: We will consider
comments that we receive by the close
of business August 24, 2021. 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 either of the following
methods, although FCIC prefers that you
submit comments electronically through
the Federal eRulemaking Portal:
Federal eRulemaking Portal: Go to
http://www.regulations.gov and search
for Docket ID FCIC–21–0002. Follow the
instructions for submitting comments.
Mail: Director, Product
Administration and Standards Division,
Risk Management Agency (RMA), U.S.
Department of Agriculture, P.O. Box
419205, Kansas City, MO 64133–6205.
In your comment, specify docket ID
FCIC–21–0002.
Comments will be available for
viewing online at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
:
Francie Tolle; telephone (816) 926–
7829; or email francie.tolle@usda.gov.
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
The 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 (AIP) 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.
FCIC amends the Common Crop
Insurance Regulations by revising 7 CFR
457.101, Small Grains Crop Insurance
Provisions, and by removing and
reserving 7 CFR 457.118, Malting Barley
Price and Quality Endorsement, to be
effective for the 2022 and succeeding
crop years.
The changes to 7 CFR 457.101, Small
Grains Crop Insurance Provisions, are as
follows:
1. Throughout the Crop Provisions,
FCIC is replacing all references of the
‘‘fall’’ type with ‘‘winter’’ type. Fall and
spring-planted acreage are insured
under the ‘‘winter’’ commodity type and
‘‘spring’’ commodity type, respectively,
in the actuarial documents. This change
is necessary for consistency between the
Crop Provisions and actuarial
documents.
2. Throughout the Crop Provisions,
FCIC is replacing the phrase ‘‘initially
planted’’ with the phrase ‘‘initially-
planted,’’ where appropriate.
3. Throughout the Crop Provisions,
FCIC is replacing all references of
‘‘growers’’ with ‘‘producers’’ to be
consistent with the terminology used in
the Common Crop Insurance Policy
Basic Provisions.
4. Section 1—FCIC is revising the
definition of ‘‘Khorasan’’ by replacing
the phrase ‘‘is considered to be’’ with
‘‘is considered.’’ The phrase ‘‘to be’’ is
not necessary.
FCIC is revising the definition of
‘‘latest final planting date’’ to replace all
references to fall and spring-planted
acreage to winter and spring types. This
change will eliminate any confusion of
whether a winter final planting date
exists in the actuarial documents if the
Winter Coverage Endorsement is not
selected. For example, Asotin County,
Washington lists a winter final planting
date for barley that is only applicable if
the Winter Coverage Endorsement is
elected. Otherwise, there is no
applicable date in the fall and only
spring final planting dates exist for the
spring types. The intent of these
provisions is to address when a county
has both winter and spring types
designated in the Special Provisions,
regardless if the Winter Coverage
Endorsement is elected.
FCIC is revising the definition of
‘‘small grains’’ to allow the flexibility to
insure additional small grains varieties
that are not currently listed in the
actuarial documents. This allows for
insurance coverage to be offered via
actuarial documents for varieties
currently not insured when data become
available, and it is appropriate to do so.
5. Section 2—FCIC is designating the
undesignated paragraph in section 2 as
paragraph (b) and adding a new
paragraph (a) to allow enterprise units
by type for wheat. For example, if
insured has winter and spring types,
they may elect one enterprise unit for
the spring type or one enterprise unit for
the winter type, or separate enterprise
units for both types.
For the wheat types, allowing separate
enterprise units allows producers to be
indemnified separately by type. The
benefit for producers is that a loss on
one type will not be offset by the gain
on another type.
If an insured elects enterprise units by
type, these enterprise units are not
allowed to be further divided by
practice and the insured may not elect
enterprise or optional units by irrigation
practices for the policy.
Additionally, the insured must
separately meet the requirements in
section 34(a)(4) of the Basic Provision
for each enterprise unit they elect to
have.
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If the insured elects enterprise units
by type and does not qualify for separate
enterprise units, there are options based
upon whether enterprise units are
elected for one or multiple types and the
timing of the discovery:
If the insured elects separate
enterprise units for multiple types and
the AIP discovers the enterprise unit
qualifications are not separately met for
all types:
(1) On or before the acreage reporting
date the insured may elect to insure:
(a) All types in which they elected an
enterprise unit for meeting the
requirements in section 34(a)(4) of the
Basic Provisions as separate enterprise
units, and basic or optional units for any
acreage that is not reported and insured
as an enterprise unit, whichever the
insured reports on the acreage report
and for which the insured qualifies; or
(b) One enterprise unit for all acreage
of the crop in the county provided the
insured meets the requirements in
section 34(a)(4) of the Basic Provisions;
or
(c) Basic or optional units for all
acreage of the crop in the county,
whichever the insured reports on the
acreage report and for which the insured
qualifies.
(2) After acreage reporting date, the
insured will have one enterprise unit for
all acreage of the crop in the county
provided they meet the requirements in
section 34(a)(4) of the Basic Provisions.
If they don’t meet the requirements in
section 34(a)(4), the AIP will assign a
basic unit structure for all acreage of the
crop in the county.
If an insured elects an enterprise
unit for only one type and the AIP
discovers the enterprise unit
qualifications are not met for that type:
(1) On or before the acreage reporting
date, the insured’s unit division for all
acreage of the crop in the county will be
based on basic or optional units,
whichever the insured reports on the
acreage report and for which the insured
qualifies; or
(2) After the acreage reporting date,
the AIP will assign the basic unit
structure for all acreage of the crop in
the county.
FCIC is also revising the first sentence
in redesignated paragraph (b) to
rephrase the language to eliminate the
need to list all optional unit choices
from the Basic Provisions. This allows
the Small Grains Crop Provisions to
follow the Basic Provisions optional
unit division language when and if
those provisions in the Basic Provisions
are updated, without a new regulation.
In newly redesignated paragraph (b),
FCIC is revising the reference to section
34(b) of the Common Crop Insurance
Policy Basic Provisions to 34(c). Section
34(c) is the appropriate reference.
In newly redesignated paragraph (b),
FCIC is simplifying the paragraph by
removing the list of insurable types that
may be insured as separate optional
units and replacing with a statement
that separate optional units may be
established by any insured wheat type
as long as each optional unit contains
only initially-planted acreage of the
type. The insured type can be listed in
the actuarial documents or insured by
written agreement to qualify. This
change is needed in the event the
insured elects enterprise units by type
but does not qualify for enterprise units.
6. Section 3—FCIC is revising the
lead-in to paragraph (b)(2). This
paragraph addresses counties that have
both winter and spring sales closing
dates. In some counties, the winter sales
closing date only applies if the Winter
Coverage Endorsement is elected. While
these specific counties have a winter
and a spring sales closing date listed in
the actuarial documents, paragraph
(b)(2) is not referring to these counties.
Paragraph (b)(2) is only intended to
apply to those counties where both
winter and spring sales closing dates are
applicable regardless of the Winter
Coverage Endorsement election.
Therefore, the lead-in is revised to
include, in parenthesis, a statement that
excludes dates specific to the Winter
Coverage Endorsement.
FCIC is also revising paragraphs
(b)(2)(i) and (ii) to replace the phrase
‘‘insured fall planted acreage’’ with the
phrase ‘‘insurable winter planted
acreage.’’ This paragraph provides
guidance regarding the date by which
producers can make changes to their
insurance coverage depending on
whether they have insured fall-planted
acreage. The provisions state that if
producers have insured fall-planted
acreage, no changes can be made after
the fall sales closing date. If producers
do not have insured fall-planted
acreage, then they can make changes up
until the spring sales closing. All
acreage of the crop in the county must
be insured. Therefore, if the producer
plants fall-planted acreage and it meets
the insurability requirements in section
6, then it must be insured. FCIC
received input from AIPs that the phrase
‘‘insured fall planted acreage’’ indicates
that if producers planted fall-planted
acreage but do not insure it, then they
have until the spring sales closing date
to make changes to the insurance
coverage on the spring-planted acreage.
That is not the intent of the provisions.
Therefore, FCIC is revising the language
to indicate if producers planted
insurable fall-planted acreage, then no
changes may be made after the fall sales
closing date. As explained above, ‘‘fall’’
is also being replaced with ‘‘winter,’’ as
appropriate.
7. Section 5—FCIC is removing the
phrase ‘‘Special Provisions’’ and
replacing it with the phrase ‘‘actuarial
documents.’’ The cancellation and
termination dates identified in this
section are also found in the actuarial
documents, rather than the Special
Provisions. If FCIC determines that the
cancellation or termination dates need
to differ than what is provided in the
Crop Provisions, then the modified date
would be identified in the actuarial
documents.
8. Section 6—FCIC is removing
paragraph (e). This paragraph refers to
the Malting Barley Price and Quality
Endorsement (MBPQE) published at 7
CFR 457.118. The MBPQE is no longer
available to barley producers. Another
endorsement, Malting Barley
Endorsement was approved by the FCIC
Board of Directors under Section 508(h)
of the Federal Crop Insurance Act. The
Malting Barley Endorsement replaced
the MBPQE in 2016 and is not codified.
Therefore, there’s no need to include a
reference to the MBPQE within the
Small Grains Crop Provisions.
9. Section 7—FCIC is revising the
lead-in sentence to paragraph (a)(1) to
remove the reference to oats. FCIC is
adding oats to paragraph (a)(2).
Paragraph (a)(1) is for the crops for
which there is only one planting season
(either winter or spring); whereas
paragraph (a)(2) is for the crops that
have more than one planting season
(winter and spring). In all counties
where oats are insured, FCIC insures
winter-planted oats, spring-planted oats
or both. Therefore, oats are more
appropriately placed in paragraph (a)(2)
and are added within paragraph (a)(2) in
every place there is a reference to barley
and wheat.
FCIC is also revising paragraphs
(a)(2)(ii) and (iii) to change the phrase
‘‘fall final planting date’’ and ‘‘fall and
spring final planting dates’’ to ‘‘winter
type’’ and ‘‘winter and spring types,’’
respectively.
FCIC is revising paragraph
(a)(2)(iii)(A) to add the word ‘‘acreage’’
at the end of the following phrase: ‘‘Any
winter barley, oat or wheat.’’ By adding
‘‘acreage’’ to this phrase, this lead-in
phrase is consistent with the lead-in
phrase in paragraph (a)(2)(iii)(B). FCIC
is also revising the phrase ‘‘Any winter
barley, oat or wheat’’ to add a comma
after ‘‘oat.’’
FCIC is also adding paragraph
(a)(2)(iii)(D). This paragraph addresses
situations, in counties with both winter
and spring types listed in the actuarial
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documents, when acreage of the winter
type is planted after the end of the late
planting period. The Basic Provisions
says that any acreage planted after the
end of the late planting period may be
insured if the producer chooses to
insure it. If insured, then the acreage
will be insured with a reduced
guarantee equal to the production
guarantee times the prevented planting
coverage level percentage specified in
the actuarial documents. In counties
with both winter and spring types listed
in the actuarial documents, winter types
are not eligible for prevented planting so
there is no prevented planting coverage
level percentage listed in the actuarial
documents to assign to it. Without a
prevented planting coverage level,
section 8(b)(2) of the Basic Provisions
applies and the winter types are not
insurable (e.g., the appropriate rates are
not available to insure the crop). This
new provision allows the acreage to be
insured in the spring as the spring type,
if the producer chooses to insure it and
the AIP determines there is an adequate
stand. This change treats all producers
similarly to producers who plant winter
types in counties with only a spring
type listed in the actuarial documents.
FCIC is revising paragraph (a)(2)(iv)
by revising the phrase ‘‘. . .any acreage
of spring barley, oat or wheat. . .’’ to
read ‘‘. . .any spring barley, oat or
wheat acreage. . .’’ Similarly, FCIC is
revising paragraph (a)(2)(v) by revising
the phrase ‘‘. . .any acreage of winter
barley, oat or wheat. . .’’ to read
‘‘. . .any winter barley, oat or wheat
acreage. . .’’ These revisions are
consistent with revisions made in
paragraph (a)(2)(iii).
In paragraphs (a)(2)(iv) and (v), FCIC
is replacing the phrase ‘‘spring final
planting date’’ with ‘‘spring type’’ in
both places to be consistent with
changes elsewhere in the Crop
Provisions.
Also in paragraph (a)(2)(v), FCIC is
revising the phrase ‘‘is not insured’’ to
‘‘will not be insured.’’ This is consistent
with the language that was added in
paragraph (a)(2)(iii)(D).
FCIC is also revising paragraph
(a)(2)(v) to remove the phrase ‘‘agree in
writing’’ as this could be misinterpreted
to mean a written agreement, which is
not the intent of the language, and could
result in providing insurance via written
agreement when it was not intended or
appropriate. FCIC is replacing that
phrase with language to clarify the AIP
must inspect and give written
confirmation that the acreage has an
adequate stand in the spring to produce
the yield used to determine your
production guarantee. These
clarifications will reduce the likelihood
of fraud, waste, and abuse.
FCIC is revising paragraph (a)(2)(v)(D)
by revising the phrase ‘‘. . . any acreage
of such winter barley, oat or wheat. . .’’
to read ‘‘. . .any such winter barley, oat,
or wheat acreage . . .’’ These revisions
are consistent with revisions made in
paragraphs (a)(2)(iii)–(v).
FCIC is also revising paragraphs
(a)(2)(v) introductory text and
(a)(2)(v)(A), (B), and (D) to change all
references of ‘‘fall planted’’ to ‘‘winter’’
for consistency with changes elsewhere.
FCIC is revising paragraph (a)(2)(v)(E)
to change the reference of ‘‘fall planted
acreage’’ to ‘‘winter planted acreage’’ for
consistency with changes elsewhere.
10. Section 9—FCIC is replacing the
phrase ‘‘winter coverage endorsement’’
with ‘‘Winter Coverage Endorsement’’
because it is the title of an endorsement.
FCIC is replacing the phrase ‘‘spring
final planting date’’ with the phrase
‘‘spring type’’ in paragraph (a)(4) to
accurately refer to the Special
Provisions where insurable types and
practices are listed.
FCIC is revising paragraph (b). The
phrase ‘‘fall final planting date
(including final planting dates in
December, January and February)’’ is
replaced with ‘‘winter type’’ to
accurately refer to the Special
Provisions where insurable types and
practices are listed.
FCIC is revising paragraph (e) to
replace the phrase ‘‘crop type’’ with
‘‘type’’ in the five places it appears. This
is the only paragraph in the Crop
Provisions where ‘‘crop type’’ is used.
For consistency throughout the Crop
Provisions, the word ‘‘crop’’ is removed.
11. Section 11—FCIC is adding
paragraph (d)(1)(v) to provide flexibility
in the Special Provisions to update the
moisture levels for each crop if it is
determined that a level should be
different than what is provided in the
Crop Provisions.
FCIC is revising paragraph (d)(4) by
replacing the phrase ‘‘contained in’’
with the phrase ‘‘calculated in
accordance with.’’ The current
provisions state that the quality
adjustment factor is contained in the
Special Provisions. However, there is no
such factor stated in the Special
Provisions. Instead, the quality
adjustment factor is calculated using
several different steps that are contained
in the Special Provisions.
12. Section 13—FCIC is removing the
phrase ‘‘spring final planting date’’ and
replacing it with the phrase ‘‘spring
type.’’ FCIC is also revising the
paragraph to move the first sentence to
the end of the paragraph for ease of
reading.
Comments Requested on Whether To
Retain Section 9(a)(5)
Section 9(a)(5) states that damage
must occur after the winter final
planting date for the producer to be
eligible for a replant payment, in
counties with both winter and spring
final planting dates. Provisions in
section 7(a)(2)(iii) provide guidance on
whether a crop should be replanted if
damage occurs any time before the
spring final planting date, which would
also encompass any time before the
winter final planting date since the
winter final planting date comes before
the spring final planting date in the crop
year. As such, a producer is required to
replant if damage occurs prior to the
winter final planting date; however, no
replanting payment is made in that
timeframe. FCIC has received requests
to remove this provision, thereby
allowing replanting payments to be
made in situations where damage occurs
prior to the winter final planting date in
counties with both winter and spring
final planting dates. FCIC has also
received opposing feedback requesting
the provision remain intact because it is
difficult or impossible to make a
determination prior to the winter final
planting date that acreage needs to be
replanted or that it is practical to
replant, except in cases of widespread
weather events.
In addition to consideration of the
future of section 9(a)(5), there are other
provisions that may be affected by its
removal. Section 9(b) states that no
replanting payment is available in any
circumstance for damage in counties
with only a winter final planting date.
Producers in these counties, like
producers in counties with both winter
and spring final planting dates, are
required to replant if damage occurs
prior to the winter final planting date,
but no replanting payment is available.
FCIC has received opposition to remove
this provision, which, if removed,
would allow replanting payments prior
to the winter final planting date. In
addition to the same opposing feedback
FCIC received regarding removal of
section 9(a)(5), FCIC also received
feedback that in counties where only a
winter type is insurable, there is a short
window to replant a damaged crop.
Replanting in these counties may
contribute to later planting dates when
soil temperatures may be too low for
germination. Unlike in counties where
both winter and spring types are
insurable, there is not an opportunity
for producers to replant a damaged
winter crop in the spring to retain
coverage using the winter guarantee.
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Further, the Winter Coverage
Endorsement (WCE) provides optional
coverage for barley and wheat producers
from the winter final planting date until
the spring final planting date in
counties with both winter and spring
final planting dates. If damage occurs
during the WCE coverage period, the
producer has three options: (1) Continue
to care for the damaged crop and
coverage will continue under the terms
of the Basic Provisions, the Small Grains
Crop Insurance Provisions and the WCE;
(2) replant the damaged acreage and
receive a replanting payment; or (3)
destroy all remaining acreage and accept
an appraised amount of production
determined in accordance with section
11(c)(1) of the Small Grains Crop
Insurance Provisions to count against
the unit production guarantee. The
Common Crop Insurance Policy Basic
Provisions says that no replanting
payment will be made on acreage on
which one replanting payment has
already been allowed for the crop year.
Assume section 9(a)(5) is removed,
damage occurs prior to the winter final
planting date, and a replanting payment
is made. If the same acreage that
received a replanting payment is
damaged during the WCE coverage
period, then the producer’s options
under the WCE have been narrowed
down to two as he likely will not choose
to replant knowing he will not receive
a replanting payment. When the
producer elected the WCE at sales
closing time, he would have expected
three options in the event of damage.
Finally, in general, a replanting
payment will not be made if acreage is
damaged and that acreage was planted
before the earliest planting date if an
earliest planting date is listed in the
actuarial documents. There are counties
with both winter and spring final
planting dates that currently do not
have an earliest planting date listed for
the winter type. If section 9(a)(5) is
removed, it is unclear if producers will
plant earlier than they have historically
planted knowing that there is a potential
for a replanting payment if the crop fails
before the winter final planting date.
Specifically, FCIC requests comments
on the following questions; please
provide any data and information that
supports your comments:
1. Should FCIC provide a replanting
payment for the winter type prior to the
winter final planting date (i.e., by
removing section 9(a)(5))?
2. If section 9(a)(5) is removed, while
section 9(b) is left intact, what concerns
do you have that producers who plant
a winter type in both counties would be
treated differently regarding replanting
payments: Where producers in counties
with both winter and spring final
planting dates would receive a
replanting payment prior to the winter
final planting date and producers in
counties with only a winter final
planting date would not receive a
replanting payment prior to the winter
final planting date?
3. If section 9(a)(5) is removed, what
concerns do you have that the producer
may not be eligible for a replanting
payment under the WCE if he has
already received a replanting payment
on the same acreage?
4. If section 9(a)(5) is removed, will
FCIC need to create an earliest planting
date for the winter types in counties
where no earliest planting date exists to
require that producers plant no earlier
than a specific date in order to be
eligible for a replanting payment?
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.
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.
Although not required by APA or any
other law, FCIC has chosen to request
comments on this rule.
Executive Orders 12866 and 13563
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review,’’ direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). Executive Order 13563
emphasized the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The
requirements in Executive Orders 12866
and 13563 for the analysis of costs and
benefits apply to rules that are
determined to be significant.
The Office of Management and Budget
(OMB) designated this rule as not
significant under Executive Order
12866, ‘‘Regulatory Planning and
Review,’’ and therefore, OMB has not
reviewed this rule and analysis of the
costs and benefits is not required under
either Executive Order 12866 or 13563.
Clarity of the Regulation
Executive Order 12866, as
supplemented by Executive Order
13563, requires each agency to write all
rules in plain language. In addition to
your substantive comments on this rule,
we invite your comments on how to
make the rule easier to understand. For
example:
Are the requirements in the rule
clearly stated? Are the scope and intent
of the rule clear?
Does the rule contain technical
language or jargon that is not clear?
Is the material logically organized?
Would changing the grouping or
order of sections or adding headings
make the rule easier to understand?
Could we improve clarity by adding
tables, lists, or diagrams?
Would more, but shorter, sections
be better? Are there specific sections
that are too long or confusing?
What else could we do to make the
rule easier to understand?
Environmental Review
In general, the environmental impacts
of rules are to be considered in a
manner consistent with the provisions
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.
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Executive Order 12988
This rule has been reviewed under
Executive Order 12988, ‘‘Civil Justice
Reform.’’ This rule will not preempt
State or local laws, regulations, or
policies unless they represent an
irreconcilable conflict with this rule.
Before any judicial actions may be
brought regarding the provisions of this
rule, the administrative appeal
provisions of 7 CFR part 11 are to be
exhausted.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments.’’ Executive Order 13175
requires Federal agencies to consult and
coordinate with Tribes on a
government-to-government basis on
policies that have Tribal implications,
including regulations, legislative
comments or proposed legislation, and
other policy statements or actions that
have substantial direct effects on one or
more Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
RMA has assessed the impact of this
rule on Indian Tribes and determined
that this rule does not, to our
knowledge, have Tribal implications
that require Tribal consultation under
E.O. 13175. The regulation changes do
not have Tribal implications that
preempt Tribal law and are not expected
have a substantial direct effect on one or
more Indian Tribes. If a Tribe requests
consultation, RMA will work with the
USDA Office of Tribal Relations to
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 Catalog of Federal Domestic
Assistance to which this rule applies is
No. 10.450—Crop Insurance.
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 https://www.usda.gov/oascr/
how-to-file-a-program-discrimination-
complaint 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:
OAC@usda.gov.
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.
Final Rule
For the reasons discussed above, FCIC
amends 7 CFR part 457 as follows:
PART 457—COMMON CROP
INSURANCE REGULATIONS
1. The authority citation for 7 CFR
part 457 continues to read as follows:
Authority: 7 U.S.C. 1506(l), 1506(o).
2. Amend § 457.101 as follows:
a. Revise the introductory text;
b. In section 1:
i. In the definition of ‘‘Khorasan’’,
remove the phrase ‘‘to be’’;
ii. Revise the definition of ‘‘Latest
final planting date’’; and
iii. In the definition of ‘‘Small grains’’,
add the phrase ‘‘or as otherwise
specified in the actuarial documents’’ at
the end;
c. Revise section 2;
d. In section 3:
i. In paragraph (a), remove the
semicolon at the end and add a period
in its place; and
ii. Revise paragraph (b)(2);
e. In section 5, in the introductory
text, remove the phrase ‘‘Special
Provisions’’ and add in its place the
phrase ‘‘actuarial documents’’;
f. In section 6, remove paragraph (e);
g. In section 7:
i. In paragraph (a)(1) introductory text,
remove the word ‘‘oats,’’ and add a
comma after ‘‘flax’’; and
ii. Revise paragraphs (a)(2)
introductory text, (a)(2)(ii) thorough (iv),
(c)(2)(v) introductory text, and
(c)(2)(v)(A), (B), (D), and (E);
h. In section 9:
i. In paragraph (a)(2), remove the
phrase ‘‘winter coverage endorsement’’
and add in its place the phrase ‘‘Winter
Coverage Endorsement’’;
ii. In paragraph (a)(4), remove the
phrase ‘‘final planting date’’ and add in
its place the word ‘‘type’’;
iii. In paragraph (a)(5), remove the
word ‘‘fall’’ and add the word ‘‘winter’’
in all places where it appears;
iv. Revise paragraph (b);
v. In paragraph (c)(2)(i), add a comma
after ‘‘flax’’; and
vi. In paragraph, (e) remove the phrase
‘‘crop type’’ and add the word ‘‘type’’ in
all places where it appears;
i. In section 11:
i. Revise paragraphs (d)(1)(iii) and (iv);
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ii. Add paragraph (d)(1)(v); and
iii. In paragraph (d)(4), remove the
phrase ‘‘contained in’’ and add in its
place the phrase ‘‘calculated in
accordance with’’;
j. In section 12, remove the word
‘‘fall’’ and add the word ‘‘winter’’ in all
places where it appears; and
k. Revise section 13.
The revisions and additions read as
follows:
§ 457.101 Small grains crop insurance
provisions.
The Small Grains Crop Insurance
Provisions for the 2022 and succeeding
crop years are as follows:
* * * * *
1. Definitions.
* * * * *
Latest final planting date. (a) The
final planting date for the spring type in
all counties for which the Special
Provisions designate a spring type only;
(b) The final planting date for the
winter type in all counties for which the
Special Provisions designate a winter
type only; or
(c) The final planting date for the
spring type in all counties for which the
Special Provisions designate both spring
and winter types.
* * * * *
2. Unit Division.
(a) In addition to enterprise units
provided in section 34(a) of the Basic
Provisions, for wheat only, you may
elect separate enterprise units by type,
as provided in this section, if allowed
by the actuarial documents. If you elect
enterprise units by type, you may not
elect enterprise or optional units by
irrigation practices.
(1) You may elect separate enterprise
units by type unless otherwise specified
in the Special Provisions. For example,
if you have winter and spring types, you
may elect one enterprise unit for the
spring type or one enterprise unit for the
winter type, or separate enterprise units
for both types. Any acreage which is not
reported and insured as an enterprise
unit will be insured as basic or optional
units, if requirements are met. For
example, if you only have winter and
spring types, you may have an
enterprise unit for the winter type
acreage and basic or optional units for
the spring type acreage.
(2) You must separately meet the
requirements in section 34(a)(4) of the
Basic Provisions for each enterprise
unit.
(3) If you elected separate enterprise
units for multiple types and we discover
enterprise unit qualifications are not
separately met for all types in which
you elected enterprise unit and such
discovery is made:
(i) On or before the acreage reporting
date, you may elect to insure:
(A) All types in which you elected an
enterprise unit for meeting the
requirements in section 34(a)(4) as
separate enterprise units, and basic or
optional units for any acreage that is not
reported and insured as an enterprise
unit, whichever you report on your
acreage report and for which you
qualify;
(B) One enterprise unit for all acreage
of the crop in the county provided you
meet the requirements in section
34(a)(4); or
(C) Basic or optional units for all
acreage of the crop in the county,
whichever you report on your acreage
report and for which you qualify; or
(ii) At any time after the acreage
reporting date, your unit structure will
be one enterprise unit for all acreage of
the crop in the county provided you
meet the requirements in section
34(a)(4). Otherwise, we will assign the
basic unit structure for all acreage of the
crop in the county.
(4) If you elected an enterprise unit
for only one type and we discover you
do not qualify for an enterprise unit for
that type and such discovery is made:
(i) On or before the acreage reporting
date, your unit division for all acreage
of the crop in the county will be based
on basic or optional units, whichever
you report on your acreage report and
for which you qualify; or
(ii) At any time after the acreage
reporting date, we will assign the basic
unit structure for all acreage of the crop
in the county.
(b) In addition to, or instead of,
establishing optional units as provided
in section 34(c) of the Basic Provisions,
for wheat only, separate optional units
may be established for each wheat type
(designated in actuarial documents and
including any type insured by written
agreement) if each optional unit
contains only initially-planted acreage
of the type.
3. Insurance Guarantees, Coverage
Levels, and Prices for Determining
Indemnities.
* * * * *
(b) * * *
(2) In counties with both winter and
spring sales closing dates for the insured
crop (excluding counties that have a
spring sales closing date and a winter
sales closing date only applicable to the
Winter Coverage Endorsement):
(i) If you do not have any insurable
winter-planted acreage of the insured
crop, you may change your coverage
level, or your percentage of projected
price (if you have yield protection), or
elect revenue protection or yield
protection, until the spring sales closing
date; or
(ii) If you have any insurable winter-
planted acreage of the insured crop, you
may not change your coverage level, or
your percentage of projected price (if
you have yield protection), or elect
revenue protection or yield protection,
after the winter sales closing date.
Winter-planted acreage of the insured
crop must be reported and insured if it
meets the requirements in section 6.
* * * * *
7. Insurance Period.
* * * * *
(a) * * *
(2) For barley, oat, and wheat, the
following limitations apply:
* * * * *
(ii) Whenever the Special Provisions
designate only a winter type, any
acreage of winter barley, oats, or wheat
damaged before such final planting date,
to the extent that producers in the area
would normally not further care for the
crop, must be replanted to a winter type
of the insured crop unless we agree that
replanting is not practical.
(iii) Whenever the Special Provisions
designate both winter and spring types:
(A) Any winter barley, oat, or wheat
acreage that is damaged before the
spring final planting date, to the extent
that producers in the area would
normally not further care for the crop,
must be replanted to a winter type of the
insured crop to maintain insurance
based on the winter type unless we
agree that replanting is not practical. If
it is not practical to replant to the winter
type of barley, oats, or wheat, but is
practical to replant to a spring type, you
must replant to a spring type to keep
your insurance based on the winter type
in force.
(B) Any winter barley, oat, or wheat
acreage that is replanted to a spring type
of the same crop when it was practical
to replant the winter type will be
insured as the spring type and the
production guarantee, premium,
projected price, and harvest price
applicable to the spring type will be
used. In this case, the acreage will be
considered to be initially planted to the
spring type.
(C) Notwithstanding sections
7(a)(2)(iii)(A) and (B), if you have
elected coverage under a barley or
wheat Winter Coverage Endorsement (if
available in the county), insurance will
be in accordance with the endorsement.
(D) Any winter barley, oat, or wheat
acreage planted after the end of the late
planting period will not be insured
unless you request such coverage on or
before the spring sales closing date, and
we inspect and determine that the
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acreage has an adequate stand in the
spring to produce the yield used to
determine your production guarantee.
However, if we fail to inspect the
acreage by the spring final planting date,
insurance will attach as specified in
section 7(a)(2)(iii)(D)(3).
(1) Your request for coverage must
include the location and number of
acres of winter barley, oats, or wheat.
(2) The winter barley, oats, or wheat
will be insured as a spring type for the
purpose of the production guarantee,
premium, projected price, and harvest
price, if applicable.
(3) Insurance will attach to such
acreage on the date we determine an
adequate stand exists or on the spring
final planting date if we do not
determine adequacy of the stand by the
spring final planting date.
(iv) Whenever the Special Provisions
designate a spring type, any spring
barley, oat, or wheat acreage damaged
before such final planting date, to the
extent that producers in the area would
normally not further care for the crop,
must be replanted to a spring type of the
insured crop unless we agree that
replanting is not practical.
(v) Whenever the Special Provisions
designate only a spring type, any winter
barley, oat, or wheat acreage will not be
insured unless you request such
coverage on or before the spring sales
closing date, and we inspect and give
written confirmation that the acreage
has an adequate stand in the spring to
produce the yield used to determine
your production guarantee. However, if
we fail to inspect the acreage by the
spring final planting date, insurance
will attach as specified in section
7(a)(2)(v)(C).
(A) Your request for coverage must
include the location and number of
acres of winter barley, oats, or wheat.
(B) The winter barley, oats, or wheat
will be insured as a spring type for the
purpose of the production guarantee,
premium, projected price, and harvest
price, if applicable.
* * * * *
(D) Any such winter barley, oats, or
wheat acreage that is damaged after it is
accepted for insurance but before the
spring final planting date, to the extent
that producers in the area would
normally not further care for the crop,
must be replanted to a spring type of the
insured crop unless we agree it is not
practical to replant.
(E) If winter-planted acreage is not to
be insured it must be recorded on the
acreage report as uninsured winter-
planted acreage.
* * * * *
9. Replanting Payments.
* * * * *
(b) No replanting payment will be
made for acreage initially planted to a
winter type of the insured crop
(including rye) in any county for which
the Special Provisions contain only a
winter type.
* * * * *
11. Settlement of Claim.
* * * * *
(d) * * *
(1) * * *
(iii) 14.0 percent for oats;
(iv) 16.0 percent for rye and
buckwheat; or
(v) As otherwise provided in the
Special Provisions.
* * * * *
13. Prevented Planting.
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents. In
counties for which the Special
Provisions designate a spring type, your
prevented planting production
guarantee will be based on your
approved yield for spring-planted
acreage of the insured crop.
§ 457.118 [Removed and Reserved]
3. Remove and reserve § 457.118.
Richard Flournoy,
Acting Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2021–13113 Filed 6–24–21; 8:45 am]
BILLING CODE 3410–08–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1206
[Document No. AMS–SC–20–0086]
Mango Promotion, Research and
Information Order; Removal of Frozen
Mangos
AGENCY
: Agricultural Marketing Service,
USDA.
ACTION
: Final rule.
SUMMARY
: The Department of
Agriculture (Department) is adopting, as
a final rule with minor changes, an
interim final rule that amends the
Mango Promotion, Research and
Information Order (Order) by removing
the provisions of frozen mangos as a
covered commodity. The Order is
administered by the National Mango
Board (Board) with oversight by the U.S.
Department of Agriculture (USDA). In a
referendum, first handlers and
importers voted to remove frozen
mangos as a covered commodity under
the Order. This rule will remove frozen
mangos as a covered commodity,
discontinue the collection of
assessments on frozen mangos, remove
frozen mango entity representation on
the Board, and make necessary
conforming changes.
DATES
: Effective July 26, 2021.
FOR FURTHER INFORMATION CONTACT
:
Marlene Betts, Marketing Specialist,
Promotion and Economics Division,
Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, Room
1406–S, Stop 0244, Washington, DC
20250–0244; telephone: (202) 720–5057;
or email: Marlene.Betts@usda.gov.
SUPPLEMENTARY INFORMATION
: This rule
affecting 7 CFR part 1206 (the Order) is
authorized under the Commodity
Promotion, Research, and Information
Act of 1996 (1996 Act) (7 U.S.C. 7411–
7425).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
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, reducing costs,
harmonizing rules, and promoting
flexibility. This action falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review.
Executive Order 13175
This action has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. AMS has assessed the
impact of this final rule on Indian tribes
and determined that this rule will not
have tribal implications that require
consultation under Executive Order
13175. AMS hosts a quarterly
teleconference with tribal leaders where
matters of mutual interest regarding the
marketing of agricultural products are
discussed. Information about the
changes to the regulations will be
shared during an upcoming quarterly
call, and tribal leaders will be informed
about these revisions to the regulation.
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