This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

46023 

Vol. 74, No. 172 

Tuesday, September 8, 2009 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Part 457 

RIN 0563–AC10 

Common Crop Insurance Regulations; 

Apple Crop Insurance Provisions 

AGENCY: Federal Crop Insurance 

Corporation, USDA. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) proposes to amend 

the Common Crop Insurance 

Regulations, Apple Crop Insurance 

Provisions. The intended effect of this 

action is to provide policy changes, to 

clarify existing policy provisions to 

better meet the needs of insured 

producers, and to reduce vulnerability 

to program fraud, waste, and abuse. The 

proposed changes will be effective for 

the 2011 and succeeding crop years. 

DATES: Written comments and opinions 

on this proposed rule will be accepted 

until close of business November 9, 

2009 and will be considered when the 

rule is to be made final. 

ADDRESSES: Interested persons are 

invited to submit comments, titled 

‘‘Apple Crop Provisions’’, by any of the 

following methods: 

• By Mail to: Director, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility—Mail Stop 0812, Room 421, PO 

Box 419205, Kansas City, MO 64141– 

6205. 

• By Express Mail to: Director, 

Product Administration and Standards 

Division, Risk Management Agency, 

United States Department of 

Agriculture, Beacon Facility, Stop 0812, 

9240 Troost Avenue, Kansas City, MO 

64131–3055. 

• E-Mail: DirectorPDD@rma.usda.gov. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

A copy of each response will be 

available for public inspection and 

copying from 7 a.m. to 4:30 p.m., CST, 

Monday through Friday, except 

holidays, at 6501 Beacon Drive, Stop 

0812, Room 421, Kansas City, MO 

64133–4676. 

FOR FURTHER INFORMATION CONTACT: Erin 

Albright, Risk Management Specialist, 

Product Management, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility, Stop 0812, Room 421, PO Box 

419205, Kansas City, MO 64141–6205, 

telephone (816) 926– 7730. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This rule has been determined to be 

non-significant for the purposes of 

Executive Order 12866 and, therefore, it 

has not been reviewed by the OMB. 

Paperwork Reduction Act of 1995 

Pursuant to the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35), the collections of 

information in this rule have been 

approved by OMB under control 

number 0563–0053. 

E-Government Act Compliance 

FCIC is committed to complying with 

the E-Government Act of 2002, to 

promote the use of the Internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. This rule contains no Federal 

mandates (under the regulatory 

provisions of title II of the 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. 

Executive Order 13132 

It has been determined under section 

1(a) of Executive Order 13132, 

Federalism, that this rule does not have 

sufficient implications to warrant 

consultation with the States. The 

provisions contained in this rule will 

not have a substantial direct effect on 

States, or on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

Regulatory Flexibility Act 

FCIC certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. Program requirements for the 

Federal crop insurance program are the 

same for all producers regardless of the 

size of their farming operation. For 

instance, all producers are required to 

submit an application and acreage 

report to establish their insurance 

guarantees and compute premium 

amounts, and all producers are required 

to submit a notice of loss and 

production information to determine the 

amount of an indemnity payment in the 

event of an insured cause of crop loss. 

Whether a producer has 10 acres or 

1000 acres, there is no difference in the 

kind of information collected. To ensure 

crop insurance is available to small 

entities, the Federal Crop Insurance Act 

authorizes FCIC to waive collection of 

administrative fees from limited 

resource farmers. FCIC believes this 

waiver helps to ensure that small 

entities are given the same opportunities 

as large entities to manage their risks 

through the use of crop insurance. A 

Regulatory Flexibility Analysis has not 

been prepared since this regulation does 

not have an impact on small entities, 

and, therefore, this regulation is exempt 

from the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 605). 

Federal Assistance Program 

This program is listed in the Catalog 

of Federal Domestic Assistance under 

No. 10.450. 

Executive Order 12372 

This program is not subject to the 

provisions of Executive Order 12372, 

which require intergovernmental 

consultation with State and local 

officials. See the Notice related to 7 CFR 

part 3015, subpart V, published at 48 FR 

29115, June 24, 1983. 

Executive Order 12988 

This proposed rule has been reviewed 

in accordance with Executive Order 

12988 on civil justice reform. The 

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46024 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules 

provisions of this rule will not have a 

retroactive effect. The provisions of this 

rule will preempt State and local laws 

to the extent such State and local laws 

are inconsistent herewith. With respect 

to any direct action taken by FCIC or to 

require the insurance provider to take 

specific action under the terms of the 

crop insurance policy, the 

administrative appeal provisions 

published at 7 CFR part 11 must be 

exhausted before any action against 

FCIC for judicial review may be brought. 

Environmental Evaluation 

This action is not expected to have a 

significant economic impact on the 

quality of the human environment, 

health, or safety. Therefore, neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

needed. 

Background 

FCIC proposes to amend the Common 

Crop Insurance Regulations (7 CFR part 

457) by revising § 457.158, Apple Crop 

Insurance Provisions, to be effective for 

the 2011 and succeeding crop years. 

Several requests have been made for 

changes to improve the coverage 

offered, address program integrity 

issues, simplify program administration, 

and improve clarity of the policy 

provisions. 

The proposed changes are as follows: 

1. FCIC proposes to remove the 

paragraph immediately preceding 

section 1 which refers to the order of 

priority in the event of a conflict. This 

same information is contained in the 

Basic Provisions. Therefore, it is 

duplicative and should be removed in 

the Crop Provisions. 

2. Section 1—FCIC proposes to revise 

the definition of ‘‘apple production’’ to 

reference ‘‘fresh apple production and 

processing apple production’’ to be 

consistent with the proposed changes to 

revise the names of the defined terms of 

‘‘fresh apples’’ and ‘‘processing apples’’ 

to ‘‘fresh apple production’’ and 

‘‘processing apple production.’’ 

FCIC proposes to revise the definition 

of ‘‘damaged apple production’’ to 

remove the reference to ‘‘within each 

lot, bin, bushel, or box, as applicable.’’ 

Questions have been raise regarding 

whether claims for indemnity, including 

appraisals and quality adjustment 

determinations, were required to be 

completed for each lot, bin, bushel, or 

box of damaged apples rather than on a 

unit basis. This change is being made to 

clarify that damage is determined on a 

unit basis. 

FCIC proposes to revise the name of 

the defined term ‘‘fresh apples’’ to 

‘‘fresh apple production’’ for 

clarification. FCIC also proposes to 

revise the definition to require insureds 

to certify and, if requested by their 

approved insurance provider, provide 

verifiable records to prove at least 50 

percent of their fresh apple acreage was 

sold as fresh apples in one or more of 

the three most recent crop years. FCIC 

also proposes to revise the definition to 

clarify insureds must follow the 

recommended cultural practices 

generally in use for fresh apple acreage 

in the county as determined by 

agricultural experts. These revisions 

will help ensure processing apple 

production is not insured as fresh apple 

production. 

FCIC proposes to revise the name of 

the defined term ‘‘processing apples’’ to 

‘‘processing apple production’’ for 

clarification. FCIC also proposes to 

revise the definition to clarify 

processing apple production is apples 

from insurable acreage failing to meet 

the fresh apple production 

requirements. 

FCIC proposes to revise the definition 

of ‘‘type’’ to refer to a category of apples 

as designated in the Special Provisions. 

This change is being made to allow for 

type changes in the future. 

FCIC proposes to delete the definition 

of ‘‘lot.’’ With the removal of any 

reference to ‘‘lot’’ in the definition of 

‘‘damaged apple production,’’ this term 

will no longer be needed and is no 

longer recognized by the apple industry. 

FCIC also proposes to delete the 

definition of ‘‘varietal group.’’ With the 

removal of the term in the definition of 

‘‘type’’ and section 2(b), this term will 

no longer be needed. 

3. Section 2—FCIC proposes to revise 

section 2(b) to allow optional units by 

type as specified in the Special 

Provisions. Different types may have 

significantly different management 

practices, production risks and uses. 

4. Section 3—FCIC proposes to add a 

new section 3(a) to allow the insured to 

select different coverage levels for all 

fresh apple acreage in the county and 

for all processing apple acreage in the 

county. 

FCIC also proposes to revise 

redesignated section 3(c)(1) to revise the 

list of possible effects on yield potential 

to include all of the items currently 

listed in section 3(c). 

FCIC proposes to revise redesignated 

section 3(d) to add provisions to specify 

if the insured fails to notify the 

insurance provider by the production 

reporting date of an event or action that 

occurs during the crop year that may 

reduce the yield potential, any loss of 

production from such acreage will result 

in an appraisal for uninsured causes. 

The yield used to establish the insured’s 

production guarantee will be reduced 

for the subsequent crop year. FCIC also 

proposes to revise redesignated section 

3(d) to remove the list of possible effects 

on yield potential and to add language 

that refers back to section 3(c)(1)–(4), 

which currently contains the possible 

effects on yield potential. Removing the 

list of possible effects on yield potential 

in redesignated section 3(d) eliminates 

redundancy. 

5. Section 6—FCIC proposes to revise 

the second sentence in section 6 to 

clarify that only acreage qualifying as 

fresh apple production is eligible for the 

Optional Coverage for Quality 

Adjustment provisions contained in 

section 14. This revision will help 

ensure processing apple production is 

not insured or adjusted as fresh apple 

production. 

6. Section 7—FCIC proposes to add a 

new section 7(d) to clarify the insured 

crop is apples grown for either fresh 

apple production or processing apple 

production as defined in section 1. 

7. Section 11—FCIC proposes to add 

a new section 11(a) to clarify the 

insured must leave representative 

samples for appraisal purposes if 

required by the insurance provider in 

accordance with the Basic Provisions. 

8. Section 12—FCIC proposes to 

revise the Basic Coverage example in 

section 12 and move it to follow section 

12(b)(7) to be consistent with the 

proposed example in section 14. 

FCIC proposes to remove the current 

section 12(d) and move the provisions 

to a new section 14(d). FCIC also 

proposes to add a new section 12(d) to 

state any apple production not graded 

prior to sale or storage will be 

considered as production to count. 

Since harvest ends the insurance period, 

no coverage is provided for any 

subsequent damage that occurs after the 

apple production is sold or placed in 

storage. Provisions have been added to 

make this clear. 

9. Section 14—FCIC proposes to 

revise section 14(a) to specify that 

insureds who select the Optional 

Coverage for Quality Adjustment cannot 

receive less than the indemnity due 

under section 12. 

FCIC proposes to revise section 

14(b)(4) to clarify that production to 

count under the Optional Coverage for 

Quality Adjustment will include all 

appraised and harvested production 

from all of the fresh apple acreage in the 

unit. 

FCIC proposes to revise section 

14(b)(5) to clarify the percent of 

damaged appraised or harvested apple 

production is applied within the 

applicable unit. 

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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules 46025 

FCIC proposes to revise section 

14(b)(5)(v) by adding the phrase ‘‘or 

better’’ after the phrase ‘‘U.S. Fancy’’ to 

clarify if any fresh apple production is 

sold as U.S. Fancy or better, all such 

sold production will be included as 

production to count under the Optional 

Coverage for Quality Adjustment. 

FCIC also proposes to add a new 

section 14(c) to state if any production 

is not graded prior to sale or storage, it 

will be considered as production to 

count. As stated above, since harvest 

ends the insurance period, no coverage 

is provided for any subsequent damage 

that occurs after the apple production is 

sold or placed in storage. Provisions 

have been added to make this clear. 

FCIC proposes to add a new section 

14(d) to add provisions that any 

adjustments that reduce your 

production to count under the Optional 

Coverage for Quality Adjustment will 

not be applied when determining 

production to count for actual 

production history (APH) purposes. 

These provisions were previously 

contained in section 12(d), but since 

they are applicable to the Optional 

Coverage for Quality Adjustment, they 

are more appropriately included here. 

FCIC proposes to revise the example 

in section 14 to clarify loss calculations 

under the Optional Coverage for Quality 

Adjustment to include all appraised and 

harvested production for all of the unit’s 

fresh apple acreage. 

List of Subjects in 7 CFR Part 457 

Crop insurance, Apple, Reporting and 

recordkeeping requirements. 

Proposed Rule 

Accordingly, as set forth in the 

preamble, the Federal Crop Insurance 

Corporation proposes to amend 7 CFR 

part 457 effective for the 2011 and 

succeeding crop years 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 § 457.158 as follows: 

a. Revise the introductory text; 

b. Remove the paragraph immediately 

preceding section 1; 

c. Add definitions in section 1 for 

‘‘fresh apple production’’ and 

‘‘processing apple production;’’ remove 

the definitions of ‘‘fresh apples,’’ ‘‘lot,’’ 

‘‘processing apples,’’ and ‘‘varietal 

group;’’ revise the definitions of ‘‘apple 

production’’ and ‘‘type;’’ and amend the 

definition of ‘‘damaged apple 

production’’ by removing the phrase ‘‘, 

within each lot, bin, bushel, or box, as 

applicable,’’ from both paragraphs (a) 

and (b); 

d. Revise section 2(b); 

e. Amend section 3 by redesignating 

paragraphs (a), (b), and (c) as (b), (c), 

and (d) respectively, and adding a new 

paragraph (a); 

f. Revise sections 3(b)(1) and 3(c); 

g. Amend section 6 by removing the 

phrase ‘‘Blocks of apple acreage grown 

for processing are’’ and adding the 

phrase ‘‘Any acreage not qualifying for 

fresh apple production is’’ in its place 

in the second sentence; 

h. Amend section 7(b)(3) by removing 

the word ‘‘and’’ after the semicolon at 

the end; 

i. Amend section 7(c) by removing the 

period at the end and replacing it with 

‘‘; and’’; 

j. Add a new section 7(d); 

k. Amend section 11 by redesignating 

the introductory text as paragraph (b), 

redesignating paragraphs (a), (b), and (c) 

as (1), (2), and (3) respectively, and 

adding a new paragraph (a); 

l. Revise the Basic Coverage Example 

in section 12 and move it to follow 

section 12(b)(7); 

m. Revise section 12(d); 

n. Amend section 14(a) by adding at 

the end of the paragraph the following 

sentence, ‘‘Insureds who select this 

option cannot receive less than the 

indemnity due under section 12.’’; 

o. Amend section 14(b)(3) by 

removing the phrase ‘‘fresh apples’’ and 

adding the phrase ‘‘fresh apple 

production’’ in its place and removing 

the phrase ‘‘processing apples’’ and 

adding the phrase ‘‘processing apple 

production’’ in its place; 

p. Revise section 14(b)(4); 

q. Revise section 14(b)(5) introductory 

text; 

r. Amend section 14(b)(5) by adding 

the word ‘‘one’’ after the phrase 

‘‘percent for each full’’ in paragraphs (i), 

(ii), and (iii); 

s. Amend section 14(b)(5)(v) by 

adding the phrase ‘‘or better’’ after the 

phrase ‘‘if you sell any of your fresh 

apple production as U.S. Fancy’’; 

t. Add new sections 14(c) and (d); 

u. Revise the Optional Coverage for 

Quality Adjustment example; and 

The revised and added text reads as 

follows: 

§ 457.158 Apple crop insurance 

provisions. 

The apple crop insurance provisions 

for the 2011 and succeeding crop years 

are as follows: 

* * * * * 

1. Definitions. 

Apple production. All fresh apple 

production and processing apple 

production from insurable acreage. 

* * * * * 

Fresh apple production. Apples: (1) 

That are sold, or could be sold, for 

consumption without undergoing any 

change in its basic form, such as 

peeling, juicing, crushing, etc.; (2) from 

acreage that is designated as fresh 

apples on the acreage report; (3) that 

follow the recommended cultural 

practices generally in use for fresh apple 

acreage in the county as determined by 

agricultural experts; and (4) you certify 

and, if requested by us, provide 

verifiable records to show at least 50 

percent of the production from acreage 

reported as fresh apple acreage was sold 

as fresh apples in one or more of the 

three most recent crop years. 

* * * * * 

Processing apple production. Apples 

from insurable acreage failing to meet 

the insurability requirements for fresh 

apple production that are: (1) Sold, or 

could be sold for the purpose of 

undergoing a change to its basic 

structure such as peeling, juicing, 

crushing, etc.; or (2) from acreage 

designated as processing apples on the 

acreage report. 

* * * * * 

Type. A category of apples as 

designated in the Special Provisions. 

2. Unit Division. 

* * * * * 

(b) By type as specified in the Special 

Provisions. 

* * * * * 

3. Insurance Guarantees, Coverage 

Levels, and Prices for Determining 

Indemnities. 

* * * * * 

(a) You may select only one coverage 

level for all fresh apple acreage and only 

one coverage level for all processing 

apple acreage. 

* * * * * 

(c) * * * 

(1) Any event or action that could 

impact the yield potential of the insured 

crop including, interplanted perennial 

crop, removal of trees, any damage, 

change in practices, or any other 

circumstance that may reduce the 

expected yield upon which the 

insurance guarantee is based, and the 

number of affected acres; 

* * * * * 

(d) We will reduce the yield used to 

establish your production guarantee 

based on our estimate of such event or 

action of any of the items listed in 

section 3(c)(1) through (4) as indicated 

below. If the event or action occurred: 

(1) Before the beginning of the 

insurance period, we will reduce the 

yield used to establish your production 

guarantee for the current crop year as 

necessary. If you fail to notify us of any 

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46026 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Proposed Rules 

circumstance that may reduce your 

yields from previous levels, we will 

reduce your production guarantee at any 

time we become aware of the 

circumstance; 

(2) Or may occur after the beginning 

of the insurance period and you notify 

us by the production reporting date, we 

will reduce the yield used to establish 

your production guarantee for the 

current crop year as necessary; or 

(3) Or may occur after the beginning 

of the insurance period and you fail to 

notify us by the production reporting 

date, we will appraise your production 

in accordance with section 12(c)(1)(ii). 

We will reduce the yield used to 

establish your production guarantee for 

the subsequent crop year. 

7. Insured Crop. 

* * * * * 

(d) That are grown for: 

(1) Fresh apple production; or 

(2) Processing apple production. 

* * * * * 

11. Duties In the Event of Damage or 

Loss. 

(a) In accordance with the 

requirements of section 14 of the Basic 

Provisions, you must leave 

representative samples in accordance 

with our procedures. 

* * * * * 

12. Settlement of Claim. 

* * * * * 

(b) * * * 

(7) * * * 

Basic Coverage example: 

You have a 100 percent share in one 

basic unit with 10 acres of fresh apples 

and 5 acres of processing apples 

designated on your acreage report, with 

a 600 bushel per acre production 

guarantee for both fresh and processing 

apples, and a price election of $9.10 per 

bushel for fresh apples and $2.50 per 

bushel for processing apples. You 

harvest 5,000 bushels of fresh apples 

and 1,000 bushels of processing apples 

all grading U.S. No. 1 Processing or 

better. Your indemnity will be 

calculated as follows: 

(A) 10 acres × 600 bushels = 6,000 

bushel production guarantee of 

fresh apples; 

5 acres × 600 bushels = 3,000 bushel 

production guarantee of processing 

apples; 

(B) 6,000 bushel production guarantee × 

$9.10 price election = $54,600.00 

value of production guarantee for 

fresh apples; 

3,000 bushel production guarantee × 

$2.50 price election = $7,500.00 

value of production guarantee for 

processing apples; 

(C) $54,600.00 value of production 

guarantee for fresh apples + 

$7,500.00 value of production 

guarantee for processing apples = 

$62,100.00 total value of the 

production guarantee; 

(D) 5,000 bushels of fresh apple 

production to count × $9.10 price 

election = $45,500.00 value of fresh 

apple production to count; 

1,000 bushels of processing apple 

production to count × $2.50 price 

election = $2,500.00 value of 

processing apple production to 

count; 

(E) $45,500.00 value of fresh apple 

production to count + $2,500.00 

value of processing apple 

production to count = $48,000.00 

total value of production to count; 

(F) $62,100.00 total value of the 

production guarantee ¥ $48,000.00 

total value of production to count = 

$14,100.00 value of loss; and 

(G) $14,100.00 value of loss × 100 

percent share = $14,100.00 

indemnity payment. 

[End of Example] 

* * * * * 

(d) Any apple production not graded 

prior to the earlier of the time apples are 

placed in storage, or the date the apples 

are delivered to a packer, processor, or 

other handler will not be considered 

damaged apple production and will be 

considered production to count. 

* * * * * 

14. Optional Coverage for Quality 

Adjustment. 

* * * * * 

(b) * * * 

(4) In lieu of sections 12(c)(1)(iii), (iv) 

and (2), the production to count will 

include all appraised and harvested 

production from all of the fresh apple 

acreage in the unit. 

(5) If appraised or harvested fresh 

apple production within the applicable 

unit is damaged to the extent that more 

than 20 percent of the apple production 

does not grade U.S. Fancy or better the 

following adjustments will apply: 

* * * * * 

(c) Any apple production not graded 

prior to the earlier of the time apples are 

placed in storage, or the date the apples 

are delivered to a packer, processor, or 

other handler will not be considered 

damaged apple production and will be 

considered production to count under 

this option. 

(d) Any adjustments that reduce your 

production to count under this option 

will not be applicable when 

determining production to count for 

APH purposes. 

Optional Coverage for Quality 

Adjustment: 

You have a 100 percent share in 10 

acres of fresh apples designated on your 

acreage report, with a 600 bushel per 

acre guarantee, and a price election of 

$9.10 per bushel. You harvest 5,000 

bushels of apples from your designated 

fresh apple acreage, but only 2,650 of 

those bushels grade U.S. Fancy or better. 

Your indemnity would be calculated as 

follows: 

(1) 10 acres × 600 bushels per acre = 

6,000 bushel production guarantee 

of fresh apples; 

(2) 6,000 bushel production guarantee of 

fresh apples × $9.10 price election 

= $54,600.00 value of production 

guarantee for fresh apple acreage; 

(3) The value of the fresh apple 

production to count is determined 

as follows: 

(i) 5,000 bushels harvested ¥ 2,650 

bushels that graded U.S. Fancy or 

better = 2,350 bushels of fresh apple 

production not grading U.S. Fancy 

or better; 

(ii) 2,350/5,000 = 47 percent of fresh 

apple production not grading U.S. 

Fancy or better; 

(iii) In accordance with section 

14(b)(5)(ii): 47 percent ¥ 40 percent 

= 7 percent in excess of 40 percent; 

(iv) 7 percent × 3 = 21 percent; 

(v) 40 percent + 21 percent = 61 

percent; 

(vi) 5,000 bushels harvested × .61 (61 

percent) = 3,050 bushels of fresh 

apple production not grading U.S. 

Fancy or better; 

(vii) 5,000 bushels harvested ¥ 3,050 

bushels of fresh apple production 

not grading U.S. Fancy or better = 

1,950 bushels of adjusted fresh 

apple production to count; 

(viii) 1,950 bushels of adjusted fresh 

apples production to count × $9.10 

price election = $17,745.00 value of 

fresh apple production to count; 

(4) $54,600.00 value of production 

guarantee for fresh apples ¥ 

$17,745.00 value of fresh apple 

production to count = $36,855.00 

value of loss; 

(5) $36,855.00 value of loss × 100 

percent share = $36,855.00 

indemnity payment. 

[End of Example] 

* * * * * 

Signed in Washington, DC, on September 

1, 2009. 

William J. Murphy, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. E9–21598 Filed 9–4–09; 8:45 am] 

BILLING CODE 3410–08–P 

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