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

45535 

Vol. 83, No. 175 

Monday, September 10, 2018 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR part 457 

[Docket No. FCIC–18–0001] 

RIN 0563–AC55 

Common Crop Insurance Regulations; 

Sugar Beet Crop Insurance Provisions 

AGENCY: Federal Crop Insurance 

Corporation, USDA. 

ACTION: Final rule with request for 

comments. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) amends the 

Common Crop Insurance Regulations, 

Sugar Beet Crop Insurance Provisions 

(Crop Provisions). The intended effect of 

this action is to update existing policy 

provisions and definitions to better 

reflect current agricultural practices. 

The changes will be effective for the 

2019 and succeeding crop years in states 

with a November 30 contract change 

date and for the 2020 and succeeding 

crop years in all other states. 

DATES: This final rule is effective 

November 30, 2018. However, FCIC will 

accept written comments on this final 

rule until close of business October 10, 

2018. FCIC will consider these 

comments and make changes to the rule 

if warranted. 

ADDRESSES: FCIC prefers that interested 

persons submit comments electronically 

through the Federal eRulemaking Portal. 

Interested persons may submit 

comments, identified by Docket ID No. 

FCIC–18–0001, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Director, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, P.O. Box 

419205, Kansas City, MO 64133–6205. 

All comments received, including those 

received by mail, will be posted without 

change to http://www.regulations.gov, 

including any personal information 

provided. Once these comments are 

posted to this website, the public can 

access all comments at its convenience 

from this website. All comments must 

include the agency name and docket 

number or Regulatory Information 

Number (RIN) for this rule. For detailed 

instructions on submitting comments 

and additional information, see http://

www.regulations.gov. If interested 

persons are submitting comments 

electronically through the Federal 

eRulemaking Portal and want to attach 

a document, FCIC requests use of a textbased format. If interested persons wish 

to attach a document that is a scanned 

Adobe PDF file, it must be scanned as 

text and not as an image, thus allowing 

FCIC to search and copy certain 

portions of the submissions. For 

questions regarding attaching a 

document that is a scanned Adobe PDF 

file, please contact the Risk 

Management Agency (RMA) Web 

Content Team at (816) 823–4694 or by 

email at rmaweb.content@rma.usda.gov. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received for any dockets by the name of 

the person submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). Interested persons may 

review the complete User Notice and 

Privacy Notice for Regulations.gov at 

http://www.regulations.gov/ 

#!privacyNotice. 

FOR FURTHER INFORMATION CONTACT: 

Chandra Mason, Chief, Policy 

Administration Branch, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility, Stop 0812, Room 421, P.O. Box 

419205, Kansas City, MO 64141–6205, 

telephone (816) 926–7730. 

SUPPLEMENTARY INFORMATION: 

Background 

FCIC amends the Common Crop 

Insurance Regulations (7 CFR part 457) 

by revising 7 CFR 457.109 Sugar Beet 

Crop Insurance Provisions (Crop 

Provisions), to be effective for the 2019 

and succeeding crop years in states with 

a November 30 contract change date and 

for the 2020 and succeeding crop years 

in all other states. The intended effect 

of this action is to update existing 

policy provisions and definitions to 

better reflect current agricultural 

practices. 

The changes are as follows: 

1. FCIC is removing the paragraph 

immediately preceding section 1, which 

refers to the order of priority if a conflict 

exists among the policy provisions. This 

same provision is contained in the Basic 

Provisions. Therefore, the appearance 

here is duplicative and should be 

removed from the Crop Provisions. 

2. FCIC is removing parentheticals 

identifying the titles of sections of the 

Basic Provisions throughout the Crop 

Provisions as the parenthetical section 

name is unnecessary and removing 

these titles will prevent FCIC from 

having to revise the Crop Provisions 

should these section titles change in the 

Basic Provisions. 

3. Section 1—FCIC is revising the 

definition of ‘‘Crop Year.’’ The previous 

definition required a reference to 

specific counties, as the crop year was 

defined differently for several California 

counties. In 2013, the actuarial 

information that made insurance 

available was removed from all 

California counties except Imperial 

County, which has the same definition 

of ‘‘crop year’’ as used in all remaining 

insurable states and counties. 

Consequently, the revised definition 

removes references to specific counties 

such that all insurable counties have the 

same definition of ‘‘crop year.’’ 

FCIC is removing the definition of 

‘‘Local Market Price’’ as this term is no 

longer used in the Crop Provisions. 

FCIC is revising the definition of 

‘‘Practical to Replant.’’ FCIC is removing 

those provisions that are duplicative of 

the definition in the Basic Provisions 

and leaves the requirement that it is 

practical to replant if the terms of the 

processor contract can be met. 

FCIC is adding a definition of 

‘‘Processor Contract’’ and removing the 

definition of ‘‘Sugar Beet Processor 

Contract.’’ FCIC has identified several 

different Crop Provisions contain a 

variation of a definition for a ‘‘processor 

contract,’’ which has created ambiguity 

across Crop Provisions, and poses 

challenges for insurance providers to 

administer the program consistently 

across different crops. The definition of 

‘‘processor contract’’ matches the 

definition found in other Crop 

Provisions, in order to improve 


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45536 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 

standardization of language regarding 

use of contracts across crop insurance 

programs. References throughout the 

Crop Provisions will be revised 

accordingly. The new definition also 

requires that contracts be executed by 

the acreage reporting date, which is 

consistent with all other crop insurance 

policies that insure contract crops. 

Contracts must be executed by the 

acreage reporting date so that liabilities 

and prices can be established for the 

purpose of determining guarantees and 

premium. 

FCIC is removing the definition of 

‘‘Production Guarantee (per acre).’’ The 

definition is contained in the Basic 

Provisions. This definition was 

previously necessary due to inclusion of 

stage guarantees, which, as stated 

below, have been removed from the 

policy. Further, as stated below, section 

3 specifies that the production 

guarantee is expressed in pounds of raw 

sugar. 

FCIC is removing the definitions of 

‘‘Standardized Ton’’ and ‘‘Ton.’’ The 

definitions are no longer necessary, 

since, as stated below, FCIC is changing 

the basis of insurance from ‘‘tons’’ to 

‘‘pounds of raw sugar’’ in section 3(c). 

FCIC is removing the definition of 

‘‘Thinning’’ as this term is no longer 

used in the Crop Provisions. 

4. Section 3—FCIC is revising the 

basis of insurance from ‘‘standardized 

tons’’ to ‘‘pounds of raw sugar.’’ This 

change is made to align the policy with 

the current sugar beet industry standard 

for payment. All references to the basis 

of insurance throughout the Crop 

Provisions will consequently be revised. 

FCIC is removing stage guarantees 

from the policy. FCIC had previously 

offered an option to obtain coverage 

without the stage guarantees for an 

additional premium. FCIC has observed 

an increasing number of sugar beet 

producers electing the stage removal 

option, such that very few producers 

have coverage with stage guarantees. 

Removal of stage guarantees from the 

policy will better reflect the risk 

management needs of producers and 

simplify their existing coverage options. 

Premiums will be revised to reflect the 

removal of the stage guarantees from the 

policy. 

5. Section 4—FCIC is removing 

references to a July 15 contract change 

date because, since 2013, this date was 

removed from the actuarial information 

for all counties. Additionally, FCIC 

proposes to edit the remaining date 

references to apply to states instead of 

counties. The edit does not change any 

county dates, merely provides 

consistency in reference to states or 

counties within the Crop Provisions and 

actuarial documents. 

6. Section 5—FCIC is removing the 

table of county-specific cancellation and 

termination dates since many of the 

counties with differing cancellation and 

termination dates no longer have 

insurance for sugar beets. With the 

removal of insurance from these 

counties, there are only two remaining 

cancellation and termination dates, so 

the provisions have been revised to only 

refer to these dates. The revision will 

not result in any changed dates for 

counties where insurance for sugar beets 

is currently available. 

7. Section 6—FCIC is removing and 

reserving this section. With the removal 

of stage guarantees, this section is no 

longer necessary. The premium 

computation method appears in the 

Basic Provisions and will reflect this 

removal. 

8. Section 7—In section 7(b)(2), FCIC 

is replacing ‘‘duly promulgated’’ with 

‘‘executed and adopted’’ and ‘‘sets 

forth’’ with ‘‘contains.’’ FCIC is also 

adding the modifier ‘‘corporate’’ to 

‘‘resolution.’’ This revised terminology 

uses more common language, makes 

clear the connection to later uses of the 

term ‘‘corporate resolution,’’ and 

provides consistency with other Crop 

Provisions. 

9. Section 8—FCIC is removing the 

parenthetical in 8(b) referring to 

counties without a final planting date 

because all insurable counties now have 

a specified final planting date. 

10. Section 9—FCIC is removing the 

list of end of insurance dates by 

geographic region and instead referring 

to the calendar date shown in the 

actuarial documents for the end of the 

insurance period. This change will 

simplify the provision and allow FCIC 

to timely provide area-specific dates, 

allow for future program expansion, and 

provide greater flexibility to adjust end 

of insurance period dates to new or 

evolving regional conditions as needed 

in the future. 

11. Section 11—In section 11(b), FCIC 

is removing the formula for calculating 

a replanting payment and replacing it 

with the phrase ‘‘dollar amount of the 

replant payment is specified in the 

Special Provisions’’ because the costs 

for replanting the crop may vary by 

county or region and this change gives 

FCIC the flexibility to ensure that the 

costs of replanting are reflected in the 

actuarial documents and adjusted as 

needed. 

12. Section 12—FCIC is decapitalizing 

the words ‘‘in the’’ in the section 

heading for consistency throughout 

these Crop Provisions. In section 12(b), 

FCIC is adding a comma after 

‘‘processor contract’’ to separate the two 

requirements. This change provides 

clarity on the issue of provision of 

contracts or corporate resolutions for 

specific entity types: For nonprocessors, a processor contract is 

required. For insureds who are also 

processors, a corporate resolution is 

required. 

13. Section 13—In section 13(c)(1)(iii) 

FCIC is removing the parenthetical 

following the term ‘‘unharvested 

production,’’ which is no longer 

necessary due to the use of pounds of 

raw sugar as the basis of insurance, 

removal of stage guarantees, and the 

inclusion of an early harvest factor. 

FCIC is removing section 13(c)(1)(iv), 

which is unnecessary due to the 

removal of stage guarantees. This also 

results in the redesignation of section 

13(c)(1)(v) as section 13(c)(1)(iv). 

In section 13(d) and (e), FCIC is 

revising the language to clarify the 

determination of production to count by 

referring to pounds of raw sugar and 

including the use of the raw sugar 

percentage specified in the Special 

Provisions only if a sugar test is not 

performed or is not deemed acceptable. 

FCIC is adding a new subsection (f) to 

allow for an ‘‘early harvest factor.’’ The 

addition of this factor comes in response 

to a lack of clarity in the event of the 

periodic decisions by sugar beet 

processors to request a portion of their 

contracted acres be harvested early. In 

these events, the actual harvested beets 

are often lower in weight and sugar 

content, resulting in what could appear 

to be a production loss. This provision 

provides more clear guidance for 

insurance providers in the event of early 

harvested acres and eliminates the 

unnecessary reduction in grower APH. 

The adjustment for early harvest will 

not be made if the sugar beets are 

damaged by an insurable cause of loss 

and leaving the crop in the field would 

reduce production, and cannot result in 

a production to count in excess of the 

insured’s actual production history. 

Further, the adjustment will only be 

made in the event that the portion of a 

unit harvested early exceeds a 

percentage of acreage threshold 

specified in the actuarial documents. 

14. Section 14—FCIC is removing and 

reserving this section. This section was 

necessary because of the distinction 

between certain counties in California. 

Now that insurance is no longer 

available in those counties, the 

provision is no longer necessary and the 

late planting provisions in the Basic 

Provisions will apply. 

15. Section 15—FCIC is removing 

section 15(a), because insurance is no 

longer available for those counties that 


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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 45537 

previously had a July 15 contract change 

date. 

Effective Date 

The FCIC is issuing this final rule 

without opportunity for prior notice and 

comment. The Administrative 

Procedure Act (APA) exempts rules 

‘‘relating to agency management or 

personnel or to public property, loans, 

grants, benefits, or contracts’’ from the 

statutory requirement for prior notice 

and opportunity for public comment (5 

U.S.C. 553(a)(2)). A Federal crop 

insurance policy is a contract and is 

thus exempt from APA notice-andcomment procedures. Previously, 

changes made to the Federal crop 

insurance policies codified in the Code 

of Federal Regulations were required to 

be implemented through the notice-andcomment rulemaking process. Such 

action was not required by the APA, 

which exempts contracts. Rather, the 

requirement originated with a notice 

USDA published in the Federal Register 

on July 24, 1971 (36 FR 13804), stating 

that the Department of Agriculture 

would, to the maximum extent 

practicable, use the notice-and-comment 

rulemaking process when making 

program changes, including those 

involving contracts. FCIC complied with 

this notice over the subsequent years. 

On October 28, 2013, USDA published 

a notice in the Federal Register (78 FR 

64194) rescinding the prior notice, 

thereby making contracts again exempt 

from the notice-and-comment 

rulemaking process. This exemption 

applies to the 30-day notice prior to 

implementation of a rule. Therefore, the 

policy changes made by this final rule 

are effective upon publication in the 

Federal Register. 

However, FCIC is providing a 30-day 

comment period and invites interested 

persons to participate in this rulemaking 

by submitting written comments. FCIC 

will consider the comments received 

and may conduct additional rulemaking 

based on the comments. 

The changes will be effective for the 

2019 and succeeding crop years in states 

with a November 30 contract change 

date and for the 2020 and succeeding 

crop years in all other states. 

Executive Orders 12866, 13563, 13771 

and 13777 

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. Executive 

Order 13777, ‘‘Enforcing the Regulatory 

Reform Agenda,’’ established a federal 

policy to alleviate unnecessary 

regulatory burdens on the American 

people. 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. The rule is not 

subject to Executive Order 13771, 

‘‘Reducing Regulation and Controlling 

Regulatory Costs.’’ 

Paperwork Reduction Act of 1995 

Pursuant to the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35, subchapter I), 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), 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. 

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 governmentto-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. 

FCIC 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. If a Tribe requests consultation, 

FCIC will work with the Office of Tribal 

Relations to ensure meaningful 

consultation is provided where changes, 

additions and modifications identified 

herein are not expressly mandated by 

Congress. 

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 

indemnity amount for 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 (FCIA) 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 a significant impact on a 

substantial number of small entities, 

and, therefore, this regulation is exempt 

from the provisions of the Regulatory 

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


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45538 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 

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 requires intergovernmental 

consultation with State and local 

officials. See 2 CFR part 415, subpart C. 

Executive Order 12988 

This rule has been reviewed in 

accordance with Executive Order 12988 

on civil justice reform. The 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 

action by FCIC directing 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. 

List of Subjects in 7 CFR Part 457 

Crop insurance, Sugar Beet, Reporting 

and recordkeeping requirements. 

Final Rule 

Accordingly, as set forth in the 

preamble, FCIC amends 7 CFR part 457 

effective for the 2019 and succeeding 

crop years in states with a November 30 

contract change date and for the 2020 

and succeeding crop years in all other 

states as follows: 

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. Amend § 457.109 as follows: 

■ a. In the introductory text remove the 

phrase ‘‘for the 2017 and succeeding 

crop years in counties with a contract 

change date of November 30, and for the 

2018 and succeeding crop years in 

counties with a contract change date of 

April 30’’ and add the phrase ‘‘for 

effective for the 2019 and succeeding 

crop years in states with a November 30 

contract change date and for the 2020 

and succeeding crop years in all other 

states.’’ in its place; 

■ b. Remove the undesignated 

paragraph immediately following the 

heading ‘‘Sugar Beet Crop Provisions’’; 

■ c. In section 1: 

■ i. Revise the definition of ‘‘crop year’’; 

■ ii. Remove the definition of ‘‘local 

market price’’; 

■ iii. Revise definition of ‘‘practical to 

replant’’; 

■ iv. Add a definition of ‘‘processor 

contract’’ in alphabetical order; and 

■ v. Remove the definitions of 

‘‘production guarantee (per acre)’’, 

‘‘standardized ton’’, ‘‘sugar beet 

processor contract’’, ‘‘thinning’’, and 

‘‘ton’’; 

■ d. In section 2 remove the term ‘‘sugar 

beet’’ in all three instances; 

■ e. Revise sections 3 through 5: 

■ f. Remove and reserve section 6; 

■ g. In section 7: 

■ i. In paragraph (a) introductory text, 

remove the parenthetical ‘‘(Insured 

Crop)’’; and 

■ ii. Revise paragraphs (a)(3) and (b)(2); 

■ h. In section 8: 

■ i. In the introductory text, remove the 

parenthetical ‘‘(Insurable Acreage)’’; and 

■ ii. In paragraph (b) remove the 

parenthetical ‘‘(or within 30 days of 

initial planting for those counties 

without a final planting date)’’; 

■ i. Revise section 9; 

■ j. In section 10 introductory text, 

remove the parenthetical ‘‘(Causes of 

Loss)’’; 

■ k. In section 11: 

■ i. In paragraph (a), remove the 

parenthetical ‘‘(Replanting Payment)’’ 

and the term ‘‘final stage’’; and 

■ ii. Revise paragraph (b); 

■ l. In section 12: 

■ i. In the introductory text, remove 

parenthetical ‘‘(Duties in the Event of 

Damage or Loss)’’; and 

■ ii. Revise paragraph (b); 

■ m. In section 13: 

■ i. In paragraph (c) introductory text, 

remove the parenthetical ‘‘(in 

standardized tons)’’; 

■ ii. In paragraph (c)(1)(iii), remove the 

parenthetical ‘‘(unharvested production 

that is appraised prior to the earliest 

delivery date that the processor accepts 

harvested production will not be 

eligible for a conversion to standardized 

tons in accordance with section 13 (d) 

and (e))’’; 

■ iii. Remove paragraph (c)(1)(iv); 

■ iv. Redesignate paragraph (c)(1)(v) as 

(c)(1)(iv); 

■ v. Revise paragraphs (d) and (e); and 

■ vi. Add paragraph (f); 

■ n. Remove and reserve section 14; and 

■ o. Revise section 15. 

The revisions and additions read as 

follows: 

§ 457.109 Sugar Beet Crop Insurance 

Provisions. 

* * * * * 

1. Definitions 

Crop year. The period within which 

the sugar beets are normally grown, 

which is designated by the calendar 

year in which the sugar beets are 

normally harvested. 

* * * * * 

Practical to replant. In addition to the 

definition in section 1 of the Basic 

Provisions, it will not be considered 

practical to replant if production from 

the replanted acreage cannot be 

delivered under the terms of the 

processor contract, or 30 days after the 

initial planting date for all counties 

where a late planting period is not 

applicable, unless replanting is 

generally occurring in the area. 

* * * * * 

Processor contract. A written 

agreement between you and the 

processor, executed on or before the 

acreage reporting date, which is in effect 

for the crop year, containing at a 

minimum: 

(1) Your commitment to plant, grow, 

and deliver the sugar beet production to 

the processor; 

(2) The processor’s commitment to 

purchase the production stated in the 

contract; and 

(3) A price or formula for a price 

based on third party data that will be 

paid to you for the production stated in 

the contract. 

* * * * * 

3. Insurance Guarantees, Coverage 

Levels, and Prices for Determining 

Indemnities. 

(a) In addition to the requirements of 

section 3 of the Basic Provisions, you 

may select only one price election for all 

the sugar beets in the county insured 

under this policy. 

(b) The production guarantee will be 

expressed in pounds of raw sugar. 

4. Contract Changes 

In accordance with the provisions of 

section 4 of the Basic Provisions, the 

contract change date is April 30 

preceding the cancellation date for 

California and November 30 preceding 

the cancellation date for all other states. 

5. Cancellation and Termination Dates 

In accordance with section 2 of the 

Basic Provisions, the cancellation and 

termination dates are August 31 for 

California and March 15 for all other 

states. 

* * * * * 

7. Insured Crop 

* * * * * 

(a) * * * 

(3) That are grown under a contract 

and are not excluded from the processor 


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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 45539 

contract at any time during the crop 

year; and 

* * * * * 

(b) * * * 

(2) The Board of Directors or officers 

of the processor must have adopted and 

executed a corporate resolution that 

contains essentially the same terms as a 

processor contract. Such corporate 

resolution will be considered a 

processor contract under the terms of 

the sugar beet crop insurance policy; 

* * * * * 

9. Insurance Period 

In accordance with section 11 of the 

Basic Provisions, the dates for the end 

of insurance period are contained in the 

actuarial documents. 

* * * * * 

11. Replanting Payments 

* * * * * 

(b) The dollar amount of the replant 

payment is specified in the Special 

Provisions. 

* * * * * 

12. Duties in the Event of Damage or 

Loss 

* * * * * 

(b) You must provide a copy of your 

processor contract, or corporate 

resolution if you are the processor. 

13. Settlement of Claim 

* * * * * 

(d) Harvested production or 

unharvested production that is 

appraised after the earliest delivery date 

that the processor accepts harvested 

production and that meets the minimum 

acceptable standards contained in the 

processor contract or corporate 

resolution will be converted to pounds 

of raw sugar by multiplying the tons of 

such production by 2,000 and by the 

average percentage of raw sugar to 

determine the production to count. The 

average percentage of raw sugar will be 

determined from tests performed by the 

processor at the time of delivery. 

(1) If individual tests of raw sugar 

content are not made at the time of 

delivery, the average percent of raw 

sugar may be based on the results of 

previous tests performed by the 

processor during the crop year if it is 

determined that such results are 

representative of the total production. 

(2) If not representative, the average 

percent of raw sugar will equal the raw 

sugar content percent shown in the 

Special Provisions. 

(e) Harvested production or 

unharvested production that is 

appraised after the earliest delivery date 

that the processor accepts harvested 

production and that does not meet the 

minimum acceptable standards 

contained in the processor contract or 

corporate resolution due to an insured 

peril will be converted to pounds of raw 

sugar by multiplying the tons of such 

damaged production by 2,000 and by 

the average percent of raw sugar 

contained in such production. 

(1) If individual tests of raw sugar 

content are not made at the time of 

delivery, the average percent of raw 

sugar may be based on the results of 

previous tests performed by the 

processor during the crop year if it is 

determined that such results are 

representative of the total production. 

(2) If not representative, the average 

percent of raw sugar will equal the raw 

sugar content percent shown in the 

Special Provisions. 

(f) Production lost due to harvest prior 

to full maturity. If the percentage of 

insured acreage in the unit harvested 

prior to full maturity exceeds the 

threshold specified in the actuarial 

documents, production to count from 

such acreage will be determined by 

increasing the amount of harvested 

production by 1 percent per day for 

each day the sugar beets were harvested 

prior to the date the sugar beets would 

have reached full maturity. 

(1) The date the sugar beets would 

have reached full maturity will be 

considered to be 45 days prior to the 

calendar date for the end of the 

insurance period, unless otherwise 

specified in the Special Provisions. 

(2) This adjustment will not be made 

if the sugar beets are damaged by an 

insurable cause of loss and leaving the 

crop in the field would reduce 

production. 

(3) The adjustment cannot result in 

production to count in excess of the 

insured’s actual production history; 

* * * * * 

15. 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 levels of coverage 

and pay an additional premium, you 

may increase your prevented planting 

coverage if such additional coverage is 

specified in the actuarial documents. 

Martin R. Barbre, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2018–19152 Filed 9–7–18; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0454; Product 

Identifier 2017–NM–056–AD; Amendment 

39–19387; AD 2018–18–08] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A330–200 Freighter 

series airplanes, Model A330–200 and 

–300 series airplanes, and Model A340– 

200 and –300 series airplanes. This AD 

was prompted by reports of cracked slat 

tracks at the location of the front stop 

attachment to the track. This AD 

requires a detailed inspection, repetitive 

special detailed inspections, and 

corrective actions if necessary. We are 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective October 15, 

2018. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 15, 2018. 

ADDRESSES: For service information 

identified in this final rule, contact 

Airbus SAS, Airworthiness Office— 

EAL, Rond-Point Emile Dewoitine No: 

2, 31700 Blagnac Cedex, France; phone: 

+33 5 61 93 36 96; fax: +33 5 61 93 45 

80; email: airworthiness.A330-A340@

airbus.com; internet: http://

www.airbus.com. You may view this 

service information at the FAA, 

Transport Standards Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available on the internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2018– 

0454. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2018– 

0454; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this final rule, 

the regulatory evaluation, any 

comments received, and other 


daltland on DSKBBV9HB2PROD with RULES