Insurance Reporting of Crops and Other Changes (CIROC); Corrections – InsuranceNewsNet

Corrective amendment.

CFR Part: “7 CFR Part 457”

RIN number: “RIN 0563-AC79”

Citation: “87 FR 52852”

Docket Number: “Docket ID FCIC-22-0004”

Page number: “52852”

“Rules and Regulations”

Agency: “Federal Crop Insurance Corporation, US Department of Agriculture (USDA).”

SUMMARY: Active June 30, 2022, Federal Crop Insurance Corporation review Insurance for area risk protection (ARPI) Regulations, Basic Provisions of the Common Crop Insurance Policy (CCIP) and 20 Provisions for crops. That final rule contained several incorrect references, missing words, grammatical and spelling errors, repeated parenthetical headings, and inadvertently omitted text in the amending instructions. This document makes the corrections.

DATE: Effective August 30, 2022.

FOR MORE INFORMATION CONTACT: Francie Tolle; telephone (816) 926-7730; email [email protected]. Persons with disabilities requiring alternative means of communication should contact the USDA Target center at (202) 720-2600 or 844-433-2774.

ADDITIONAL INFORMATION:

Background The Common Crop Insurance Regulations at 7 CFR part 457 were revised by a final rule with a request for comments published in Federal Register IN June 30, 2022 (87 FR 38883-38900). Changes were made to that rule in Insurance for area risk protection (ARPI) Basic Provisions (7 CFR part 407), Common Crop Insurance Policy (CCIP) Basic Provisions (7 CFR 457.8), and 20 Crop Provisions. In reviewing the changes made, FCIC found several incorrect references, missing words, grammatical and spelling errors, repeated parenthetical headings, and unintentionally missing text that was included in the supplemental instructions. This document makes corrections to the following provisions:

* Basic Provisions of the Common Crop Insurance Policy (7 CFR 457.8)

* Pear Crop Insurance Provisions (7 CFR 457.111);

* Guaranteed Fresh Market Tomato Production Plan (7 CFR 457.128);

* Macadamia nut crop insurance provisions (7 CFR 457.131);

* Onion Crop Insurance Provisions (7 CFR 457.135);

* Crop insurance provisions of the Fresh Market Dollars plan (7 CFR 457.139);

* Table grape insurance provisions (7 CFR 457.149);

* Pecan Income Security Provisions (7 CFR 457.167);

* Cabbage crop insurance provisions (7 CFR 457.171);

* Florida avocado crop insurance provisions (7 CFR 457.173); AND

* California Avocado Insurance Provisions (7 CFR 457.175).

List of entities in 7 CFR Part 457 Area allocations, Crop insurance, Reporting and recordkeeping requirements.

Accordingly, 7 CFR part 457 is amended by making the following changes:

PART 457–COMMON RULES FOR CULTURE INSURANCE

1. The authority citation for section 457 continues to read as follows:

Authority: 7 USC 1506(l), 1506(o).

2. Change SEC 457.8 in the “Common Crop Insurance Policy” by:

a. In section 20, by revising paragraph (d)(1);

b. In section 25, in paragraph (a)(1), by striking out the words “an essential” and adding in their place “an essential”; AND

c. In section 38, in paragraph (b)(2), by striking out “3(g)” and inserting in lieu thereof “section 3(g)”.

The review reads as follows:

SEC 457.8 Application and policy.

*****

Common Crop Insurance Policy

*****

20. Mediation, arbitration, appeal, review and administrative and judicial review

*****

(d) * * *

(1) We will make decisions about what constitutes good agricultural practice and determinations of production assigned to uninsured causes for your failure to use good agricultural practice.

(i) If you do not agree with our determination of the amount of certain production, you must use the arbitration or mediation process contained in this section.

(ii) If you do not agree with our decision about what constitutes good agricultural practice, you may request through us that the FCIC reconsider our decision. Requests for FCIC review must be made within 30 days of the postmark date on the written notification of the GMP determination.

(iii) You may not sue us for our decisions regarding whether good agricultural practices have been used by you. You should seek a determination from the FCIC as to what constitutes good agricultural practice before filing any claim against the FCIC.

*****

SEC 457.111[Amended]

3. In SEC 457.111, in “Pear culture provisions”, amend section 13 to read:

a. In the introductory paragraph, by removing the phrase “An insured who chooses this option may not receive” and adding in its place “If you choose this option, you may not receive”; AND

b. In paragraph (a)(4), by removing the word “chosen” and adding “chosen” in its place.

SEC 457.128[Amended]

4. Change SEC 457.128 in the “Guaranteed Production Plan of Fresh Market Tomato Crop Insurance” by:

a. In the introductory text of section 3, by removing the bracketed phrase “(Insurance guarantees, levels of coverage and prices)”;

b. In section 4, by removing the phrase in brackets “(Changes to the contract)”;

c. In the introductory text of section 5, by removing the phrase in brackets “(Policy life, cancellation and termination)”;

d. In section 6, by removing the bracketed phrase “(Area ratio)” wherever it appears;

e. In the introductory text of section 8, by striking out the bracketed phrase “(Cult provided)”;

p. In section 9, by striking out in brackets the phrase “(Insurable Acre)” wherever it appears;

g. In section 10:

i. In the introductory text, removing the bracketed phrase “(Period of insurance)”; AND

ii. In paragraph (b)(7), by striking out “States” and inserting in lieu thereof “States”;

h. In section 11, by striking out the bracketed phrase “(Causes of Loss)” wherever it appears; AND

i. In section 12, by striking out in brackets the phrase “(Reimbursement of Payment)” wherever it appears.

SEC 457.131[Amended]

5. In SEC 457.131, in “Provisions for Macadamia nut crops,” in section 1, in the definition of “Planted”, strike out “agricultural commodities” and add “crops” in its place.

SEC 457.135[Amended]

6. In SEC 457.135, in “Onion Culture Provisions”, in section 3, in paragraph (a), remove the phrase “defined in the actuarial documents” and add “defined in the Special Provisions” in its place.

7. In SEC 457.139, in “Fresh Market Tomato Crop Provisions (Dollar Plan)”, amend section 16 to read:

a. In paragraph (b) introductory text, by striking out the word “section” and adding in its place “sections”; AND

b. In the table in paragraph (c), revising the entry for 16(b)(1).

The review reads as follows:

SEC 457.139 Fresh market tomato crop insurance provisions (dollar plan).

*****

Fresh market tomato crop supplies (dollar plan).

*****

16. Minimum value option

*****

(c) * * *

                                                                                                                                                                                                      

                                                                                                                                                                                                
                                                                                                                                                                                                    
* * * * * * *                                                                                                                                                                                         

16(b)(1)                                                          500 cartons x $ 2 = value of sold production ( $ 6 price         1,000                                                             
                                                                  received minus $ 4.25 allowable costs = $ 1.75. The $ 2.00                                                                          
                                                                  minimum value option price is greater than $ 1.75)                                                                                  
                                                                                                                                                                                                    
* * * * * * *                                                                                                                                                                                         

SEC 457.149[Amended]

8. Change SEC 457.149 in “Provisions for the culture of table grapes” by:

a. In section 3, in paragraph (b), by removing the phrase “have the same percentage relationship” and adding in its place “have the same percentage relationship”; AND

b. In section 11, in paragraph (c), by removing the words “meet the requirements” and inserting in their place “meet the requirements”.

SEC 457,167[Amended]

9. In SEC 457.167, in “Pecan Culture Income Security Provisions”, in section 4, in paragraph (b), remove the words “website” and add “website” in its place.

SEC 457.173[Amended]

10. In SEC 457.173, in “Florida Avocado Crop Insurance Provisions”, in section 8, in paragraph (a)(3)(i), remove the words “varieties of” and insert “varieties and intermediate varieties of” in lieu of theirs.

SEC 457,175[Amended]

11. In SEC 457.175, in “California avocado crop provisions”, in section 11, in paragraph (b)(2), remove “11(c)” and add “11(c))” in its place.

Marcia Bunger,

manager, Federal Crop Insurance Corporation.

[FR Doc. 2022-18595 Filed 8-29-22; 8:45 am]

BILLING CODE 3410-08-P

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