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.

Rules and Regulations Federal Register

59789 

Vol. 88, No. 167 

Wednesday, August 30, 2023 

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. 

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 francie.tolle@usda.gov. 

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: 

• Common Crop Insurance Policy 

Basic Provisions (7 CFR 457.8); 

• Texas Citrus Fruit Crop Insurance 

Provisions (7 CFR 457.119); 

• Arizona-California Citrus Crop 

Insurance Provisions (7 CFR 457.121); 

• Macadamia Nut Crop Insurance 

Provisions (7 CFR 457.131); and 

• 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 

■ 1. The authority citation for part 457 

continues to read as follows: 

Authority: 7 U.S.C. 1506(l), 1506(o). 

■ 2. In § 457.8 in the ‘‘Common Crop 

Insurance Policy’’: 

■ 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; 

■ 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; 

■ c. In section 22, in paragraph (a) 

introductory text, remove the words 

‘‘(For example’’ and add ‘‘(for example’’ 

in their place; and 

■ d. In section 34: 

■ i. Revise paragraph (a)(2)(iii); 

■ ii. In paragraph (a)(3)(i)(A)(1), remove 

the words ‘‘Special Provisions’’ and add 

‘‘actuarial documents’’ in their place; 

and 

■ 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: 

§ 457.8 The application and policy. 

* * * * * 

Common Crop Insurance Policy 

* * * * * 

34. Units 

(a) * * * 

(2) * * * 

(iii) Enterprise units must be allowed 

by the actuarial documents; 

* * * * * 

■ 3. In § 457.119 in the ‘‘Texas Citrus 

Fruit Crop Provisions’’ in section 3, 

revise paragraphs (f) and (g) to read as 

follows: 

§ 457.119 Texas citrus fruit crop insurance 

provisions. 

* * * * * 

■ 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. 

* * * * * 

■ 4. In § 457.121 in the ‘‘ArizonaCalifornia Citrus Crop Provisions’’ in 

section 3 revise paragraph (b) to read as 

follows: 


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59790 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

§ 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. 

* * * * * 

■ 5. In § 457.131 in the ‘‘Macadamia Nut 

Crop Provisions’’, section 3: 

■ 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 

■ ii. Revise paragraph (d). 

The revision reads as follows: 

§ 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. 

* * * * * 

■ 6. In § 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: 

§ 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 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–TP–0012] 

RIN 1904–AD47 

Energy Conservation Program: Test 

Procedure for Room Air Conditioners 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Correcting amendments. 

SUMMARY: On March 29, 2021, the U.S. 

Department of Energy (‘‘DOE’’) 

published a final rule that amended the 

test procedure for room air conditioners 

(‘‘room ACs’’). This document corrects 

errors in the amended regulatory text as 

it appeared in the March 2021 final rule. 

Neither the errors nor the corrections in 

this document affect the substance of 

the rulemaking or any conclusions 

reached in support of the final rule. 

DATES: Effective August 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Lucas Adin, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 287– 

5904. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Sarah Butler, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–1777. Email: 

sarah.butler@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DOE published a final rule in the 

Federal Register on March 29, 2021, 

amending the procedure for room ACs 

at title 10 of the Code of Federal 

Regulations (‘‘CFR’’), part 430, subpart 

B, appendix F (‘‘appendix F’’). 86 FR 

16446. Since publication of the final 

rule, DOE identified errors in the 

regulatory text for the room AC test 

procedure. The first identified error in 

the regulatory text is in section 4.2.1 of 

appendix F, which states, ‘‘If the unit 

has an inactive mode, as defined in 

section 2.14 of this appendix, as defined 

in section 2.17 of this appendix, 

measure and record the average inactive 

mode power, Pia, in watts.’’ Since the 

term ‘‘inactive mode’’ is defined in 

section 2.14, the phrase ‘‘as defined in 

section 2.17’’ is erroneous and should 

be removed from that sentence. The 

second error is in section 5.3.6, in 

which the term ‘‘AECia/om’’ is defined to 

mean ‘‘annual energy consumption in 

inactive mode of off mode, in kWh/year, 

determined in section 5.1 of this 

appendix.’’ Section 5.1 correctly defines 

‘‘AECia/om’’ as annual energy 

consumption in inactive mode and off 

mode. Thus, the definition in section 

5.3.6 should read ‘‘annual energy 

consumption in inactive mode and off 

mode, in kWh/year, determined in 

section 5.1 of this appendix.’’ Similarly, 

the definition for ‘‘AECia/om’’ in sections 

5.2.2 and 5.3.7 should also read ‘‘annual 

energy consumption in inactive mode 

and off mode, in kWh/year, determined 

in section 5.1 of this appendix.’’ 

II. Need for Correction 

As published, the regulatory text in 

the March 2021 final rule may result in 

confusion as to the meaning of these 

terms and the references to provisions 

elsewhere in the test procedure. Because 

this final rule would simply correct 

errors in the text without making 

substantive changes in the March 2021 

final rule, the changes addressed in this 

document are technical in nature. 

III. Procedural Issues and Regulatory 

Review 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the March 2021 final rule 

remain unchanged for this final rule 

technical correction. These 

determinations are set forth in the 

March 2021 final rule. 86 FR 16446, 

16472. 

Pursuant to the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), 

DOE finds that there is good cause to 

not issue a separate notice to solicit 

public comment on the changes 

contained in this document. Issuing a 

separate notice to solicit public 

comment would be impracticable, 

unnecessary, and contrary to the public 


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