`[Federal Register Volume 89, Number 229 (Wednesday, November 27, 2024)]
[Rules and Regulations]
[Pages 93463-93470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27225]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 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. 
 
 ========================================================================
 

  Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / 
Rules and Regulations  

[[Page 93463]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 407 and 457

RIN 0563-AC86
[Docket ID FCIC-24-0005]


Flax Revenue and Expanded Unit Options for Crop Insurance

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Crop Insurance Corporation (FCIC) is amending its 
regulations to allow revenue coverage for flax under the Small Grain 
Crop Insurance Provisions, to combine written agreement deadlines in 
the Dry Bean Crop Insurance Provisions to match other insurance 
policies, to expand the availability of enterprise and optional units 
for some specialty and perennial crops, and to make clarifications and 
corrections to the Area Risk Protection Insurance, Basic Provisions; 
Common Crop Insurance Policy, Basic Provisions; and several Crop 
Provisions. The changes will be effective for the 2025 and succeeding 
crop years for crops with a contract change date on or after November 
30, 2024. For all other crops, the changes to the policies made in this 
rule are applicable for the 2026 and succeeding crop years.

DATES: Effective date: This final rule is effective November 30, 2024.
    Comment Date: We will consider comments that we receive by the 
close of business January 27, 2025. 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 going through the Federal eRulemaking Portal as 
follows:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and search for Docket ID FCIC-24-0005. Follow the 
instructions for submitting comments.
    All comments will be posted without change and will be publicly 
available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Chandra Place; telephone (816) 926-
3875; or email [email protected]. 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

    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 (AIPs) 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.
    Federal crop insurance policies typically consist of the Basic 
Provisions, the Crop Provisions, the Special Provisions, the Commodity 
Exchange Price Provisions, if applicable, other applicable endorsements 
or options, the actuarial documents for the insured agricultural 
commodity, the Catastrophic Risk Protection Endorsement, if applicable, 
and the applicable regulations published in 7 CFR chapter IV. 
Throughout this rule, the terms ``Crop Provisions,'' ``Special 
Provisions,'' and ``policy'' are used as defined in the Common Crop 
Insurance Policy (CCIP) Basic Provisions in 7 CFR 457.8. Additional 
information and definitions related to Federal crop insurance policies 
are in 7 CFR 457.8.
    FCIC is amending the following regulations:
     Area Risk Protection Insurance Basic Provisions (7 CFR 
part 407);
     Common Crop Insurance Policy Basic Provisions (7 CFR 
457.8);
     Small grain crop insurance provisions (7 CFR 457.101);
     Prune crop insurance provisions (7 CFR 457.133);
     Green pea crop insurance provisions (7 CFR 457.137);
     Northern potato crop insurance provisions (7 CFR 457.142);
     Central and Southern potato crop insurance provisions (7 
CFR 457.147);
     Dry bean crop insurance provisions (7 CFR 457.150);
     Processing sweet corn crop insurance provisions (7 CFR 
457.154); and
     Blueberry crop insurance provisions (7 CFR 457.166).
    The changes to the crop insurance policies resulting from the 
amendments in this rule are applicable for the 2025 and succeeding crop 
years for crops with a contract change date on or after November 30, 
2024. For all other crops, the changes to the crop insurance policies 
resulting from the amendments in this rule are applicable for the 2026 
and succeeding crop years.

Flax Revenue Coverage

    The Small Grain Crop Provisions previously offered actual 
production history (APH) coverage to buckwheat and flax; and offered 
yield protection (YP), revenue protection (RP), and revenue protection 
with harvest price exclusion (RP-HPE) to barley, oats, rye, and wheat. 
In this Final Rule, FCIC is expanding revenue protection (RP and RP-
HPE) to flax, matching available coverage for barley, oats, rye, and 
wheat.
    The current APH coverage for flax is now converted to YP. For 
producers who wish to maintain yield coverage, the only difference in 
coverage is the price guarantee matches the projected price offered for 
revenue protection (established approximately two weeks prior to the 
sales closing date), instead of a price election established by the 
Risk Management Agency (RMA) (established prior to the contract change 
date).
    With the availability of revenue protection for flax, the terms 
``price election'' and ``production guarantee'' are no longer 
applicable. Instead, the terms ``projected price,'' ``yield protection 
guarantee,'' and ``revenue protection guarantee'' are applicable. These 
changes appear in the following sections of the Small Grain Crop 
Provisions: 3(a) and (b), 9(c), and 11(b) and (c).

[[Page 93464]]

    FCIC is revising section 3(a) to remove the references to flax. 
This provision previously stated that revenue protection is not 
available for flax or buckwheat. FCIC is removing flax from the list of 
crops because revenue coverage is now available for flax. FCIC is also 
revising section 3(b) to add references to flax. These provisions 
previously stated that revenue protection is available for barley, 
oats, rye, and wheat. FCIC is adding flax to the list of crops in the 
two places where the list occurs.
    FCIC is revising section 9(c)(2)(i) to remove the reference to flax 
and revise section 9(c)(2)(ii) to add a reference to flax. When a crop 
does not have yield or revenue protection available, the price used for 
determining coverage and any indemnity payments, including replanting 
payments, is called the price election. For crops for which yield and 
revenue protection are available, this price is called the projected 
price. In section 9(c)(2)(i), the provision previously stated that the 
replanting payment for flax will be determined by using the price 
election. Under this rule, revenue and yield protection plans of 
insurance are now available for flax; therefore, the price used is the 
projected price. FCIC is revising section 9(c)(2)(i) to remove the 
reference to flax. Section 9(c)(2)(ii) contains provisions applicable 
to the projected price. FCIC is revising section 9(c)(2)(ii) to include 
flax, as the projected price will now be used.
    For crops for which yield and revenue protection are available, the 
applicable terms for insurance coverage are yield protection guarantee 
and revenue protection guarantee. For crops for which yield and revenue 
protection are not available, the applicable term is production 
guarantee. FCIC is revising sections 11(b)(1)(i), (ii), and (iii). 
These sections refer to ``yield protection guarantee,'' ``production 
guarantee,'' and ``revenue protection guarantee,'' respectively. The 
references to flax in section 11(b)(1)(ii), which addresses production 
guarantee, were removed and added to sections 11(b)(1)(i) and (iii), 
which address yield protection guarantee and revenue protection 
guarantee.
    FCIC is also revising section 11(b)(3)(i) to add a reference to 
flax and revising section 11(b)(3)(ii) to remove the reference to flax. 
This change is consistent with the change in section 9(c)(2). Section 
11(b)(3)(i) refers to computations using the projected price; section 
11(b)(3)(ii) refers to computations using the price election. Flax was 
removed from section 11(b)(3)(ii) and added to section 11(b)(3)(i) to 
align with the proper terms for crops for which revenue protection is 
available.
    Section 11(c)(1)(i) explains what is included in appraised 
production. Previously, flax was contained in a list of crops with 
buckwheat. Those two crops had similar coverage and used the same crop 
insurance terminology under the Small Grain Crop Provisions when 
revenue coverage was not yet available for flax. Now, flax has been 
removed from the list of crops containing buckwheat and added to the 
list of crops containing barley, oats, rye, and wheat in two places 
because allowing revenue coverage for flax makes coverage and crop 
insurance terminology for that crop consistent with coverage and 
terminology for barley, oats, rye, and wheat.

Dry Bean Written Agreement Deadlines

    FCIC is combining written agreement deadlines to reduce confusion 
and administrative complexity when a producer requests a written 
agreement based on multiple criteria. Previously, the written agreement 
deadline to add an insurable practice or type was the acreage reporting 
date for new requests and the sales closing date for renewal requests; 
however, the deadline to add an insurable dry bean type that is not on 
the actuarial documents was the sales closing date. This created extra 
paperwork and confusion in instances where a producer wanted to insure 
a new dry bean type and under a practice that is not currently 
available in the county. FCIC is combining the deadline for all written 
agreements to match all other insurance policies with this type of 
request, so that for the first year of coverage, the deadline is the 
acreage reporting date and for subsequent years of coverage, the 
deadline is the sales closing date.

Enterprise and Optional Units

    The CCIP Basic Provisions allow enterprise units (EU) by organic 
farming practice, beginning with the June 30, 2024, contract change 
date. Unlike major row crops, optional units (OUs) by organic farming 
practice were not available for most specialty and perennial crops due 
to language in the Crop Provisions (CP) that superseded the standard OU 
definition in the CCIP Basic Provisions. In this rule, FCIC is removing 
limitations on OUs by organic farming practice and making 
clarifications and edits for consistency with the EU and OU choices 
provisions in the CCIP Basic Provisions in the following Crop 
Provisions:
     Green pea crop insurance provisions (7 CFR 457.137); and
     Processing sweet corn crop insurance provisions (7 CFR 
457.154).
    These changes are responsive to organic growers and the Climate 
Smart Initiative.

Clarifications and Corrections

    FCIC is making the following corrections and clarifications in the 
Small Grain Crop Provisions (7 CFR 457.101):
     Updating the effective crop year of the Crop Provisions;
     Removing the hyphen in the phrase ``initially-planted'' in 
section 2(b) for consistency with the defined phrase in the Crop 
Provisions;
     Making plain language clarifications in sections 5, 6, and 
7;
     Combining the two introductory paragraphs in section 8 
into one introductory paragraph;
     Replacing the word ``and'' with ``or'' in sections 
11(d)(2)(i)(A) and 11(d)(2)(ii). Section 11(d) contains six 
subparagraphs for deficiencies in quality for the small grain crop. The 
list of deficiencies in quality varies by crop. In four of the six 
subparagraphs, the last item in the list is preceded by ``or,'' while 
in the other two paragraphs, the last item is preceded by ``and.'' FCIC 
is changing the word ``and'' to ``or'' for consistency among 
subparagraphs; and
     Replacing the word ``flaxseed'' with ``flax'' in section 
11(d)(2)(E). This is the only instance of ``flaxseed,'' whereas 
``flax'' is used elsewhere.
    FCIC is making the following clarifications and corrections in the 
Green pea crop insurance provision (7 CFR 457.137):
     Updating the effective crop year of the Crop Provisions;
     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. FCIC is clarifying which Basic Provisions apply by replacing 
the aforementioned paragraph with an introductory sentence preceding 
the Crop Provisions;
     Removing all instances of the phrase ``the provisions 
of,'' ``the provisions contained in,'' and ``contained'' where a policy 
reference follows;
     Revising the definition of ``good farming practices'' to 
clarify that the definition in the Crop Provisions expands upon the 
definition contained in the Basic Provisions because good farming 
practices include the cultural practices required by the processor 
contract;

[[Page 93465]]

     Revising the definition of ``practical to replant'' to 
clarify that the definition in the Crop Provisions does not replace, 
but rather expands upon the definition in the Basic Provisions, and 
remove duplicative criteria that are already included in the definition 
in the Basic Provisions;
     Revising the definition of ``processor contract'' to 
replace the phrase ``a written agreement'' with the phrase ``a written 
contract.'' The phrase ``written agreement'' is a specifically defined 
term in the Basic Provisions and is not applicable to a processor 
contract for green peas. This change is necessary to minimize confusion 
between a written contract and a written agreement, which is a document 
that alters designated terms of a policy as authorized under these 
Basic Provisions, the Crop Provisions, or the Special Provisions for 
the insured crop;
     Removing the phrase ``for determining indemnities'' from 
the section heading for section 3. The section heading will now read 
``Insurance Guarantees, Coverage, Levels, and Prices.'' The new section 
heading is more accurate because insurance guarantees, coverage levels, 
and prices are not exclusively used for determining indemnities. This 
change is also for consistency with section headings of the same name 
in other Crop Provisions;
     Replacing the reference to Special Provisions with 
actuarial documents in section 3(a), since the price election 
information referred to in this section is displayed in the actuarial 
documents;
     Replacing abbreviated months (``Feb'' and ``Mar'') with 
the full spelling for the months (``February'' and ``March'') in the 
cancellation and termination date table, in section 5;
     Adding a hyphen to the adjective compound ``15-day'' as it 
describes a ``15-day period'' in section 11(c); and
     Updating prices in the settlement of claim examples to be 
more reflective of current crop prices and potential indemnities, in 
section 12.
    FCIC is making the following clarifications and corrections in the 
Processing sweet corn crop insurance provisions (7 CFR 457.154):
     Updating the effective crop year of the Crop Provisions;
     Clarifying which Basic Provisions apply by adding an 
introductory sentence preceding the Crop Provisions; and
     Adding a hyphen to the adjective compound ``15-day'' as it 
describes a ``15-day period'' in section 11(c).
    In addition, 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 27, 2024 (89 FR 53822-53847). Changes were 
made in that rule to the Area Risk Protection Insurance Basic 
Provisions (7 CFR part 407), Common Crop Insurance Policy (Common Crop 
Insurance Policy (CCIP) Basic Provisions (7 CFR 457.8), the General 
Administrative Regulations in subpart J of part 400 (7 CFR 400.98), and 
18 Crop Provisions. In reviewing the changes made, FCIC found some 
incorrect references, missing words, missing parentheses, incorrect 
paragraph designations, and an extra word. This rule will also make 
these corrections in the following provisions:
     Area Risk Protection Insurance Basic Provisions (7 CFR 
part 407);
     Common Crop Insurance Policy Basic Provisions (7 CFR 
457.8);
     Prune crop insurance provisions (7 CFR 457.133);
     Northern potato crop insurance provisions (7 CFR 457.142);
     Central and Southern potato crop insurance provisions (7 
CFR 457.147); and
     Blueberry crop insurance provisions (7 CFR 457.166).

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.
    Subtitle E of the Small Business Regulatory Enforcement Fairness 
Act of 1996, (also known as the Congressional Review Act) requires a 
delay of the effective date of 60 days after publication to allow for 
Congressional review. The Office of Information and Regulatory Affairs 
has determined that this rule does not meet the criteria in 5 U.S.C. 
804(2). Therefore, this final rule is effective on November 30, 2024. 
Although not required by APA or any other law, FCIC has chosen to 
request comments on this rule.

Executive Orders 12866, 13563, and 14094

    Executive Order 12866, ``Regulatory Planning and Review,'' was 
amended by and Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' and Executive Order 14094, ``Modernizing 
Regulatory Review.'' 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 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) has 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. Executive 
Order 14094 requires Federal agencies to increase and improve public 
participation in the regulatory process. The Executive order's 
objective is to improve public trust in the regulatory process by 
reducing the risk or appearance of unequal or unfair influence in 
regulatory development. Under Executive Order 14904, agencies must, to 
the extent they can under law, seek out, assist with, and include your 
input in the regulatory process. We welcome comments from public 
(State, local, Tribal, and territorial) and private sector regulated 
entities; members of underserved communities; consumers; workers and 
labor organizations; businesses; and program beneficiaries, among 
others. 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?

[[Page 93466]]

     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

    The environmental impacts of this final rule have been considered 
in a manner consistent with the provisions of the National 
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations 
of the Council on Environmental Quality (40 CFR parts 1500-1508), and 
because USDA will be making the payments to producers, the USDA 
regulation for compliance with NEPA (7 CFR part 1b). As specified in 7 
CFR 1b.4(b)(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.

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. For good farming 
practice determinations, the administrative appeal provisions under 7 
CFR part 11 do not apply.

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 Assistance Listing, 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 
and 0563-0083.

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.
    Individuals 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 (voice and text telephone (TTY)) 
or dial 711 for Telecommunications Relay Service (both voice and text 
telephone users can initiate this call from any telephone). 
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: (1) 
mail to: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410; (2) fax: (202) 690-7442; or (3) email: 
[email protected].
    USDA is an equal opportunity provider, employer, and lender.

List of Subjects

7 CFR Part 407

    Acreage allotments, Administrative practice and procedure, Barley, 
Corn, Cotton, Crop insurance, Peanuts, Reporting and recordkeeping 
requirements, Sorghum, Soybeans, Wheat.

7 CFR Part 457

    Acreage allotments, Crop insurance, Reporting and recordkeeping 
requirements.

Final Rule

    For the reasons discussed above, FCIC amends 7 CFR parts 407 and 
457, effective for the 2025 and succeeding crop years for crops with a 
contract change date on or after November 30, 2024, and for the 2026 
and succeeding crop years for all other crops, as follows:

[[Page 93467]]

PART 407--AREA RISK PROTECTION INSURANCE REGULATIONS

0
1. The authority citation for part 407 continues to read as follows:

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


0
2. Amend Sec.  407.9 as follows:
0
a. In section 5, in paragraph (c)(3), remove the words ``stated in 
section 5(c)'' and add ``stated in section 5(c)(2)'' in their place; 
and
0
b. In section 7, in paragraph (d)(2), remove ``;'' at the end of the 
paragraph and add in its place ``; and''.

PART 457--COMMON CROP INSURANCE REGULATIONS

0
3. The authority citation for 7 CFR part 457 continues to read as 
follows:

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

0
4. In Sec.  457.8, in the ``Common Crop Insurance Policy'', section 3, 
in paragraph (i) introductory text, remove the words ``not applicable'' 
and add ``(not applicable'' in their place.

0
5. Amend Sec.  457.101 as follows:
0
a. Revise the introductory text and the undesignated text at the 
beginning of the ``Small Grain Crop Provisions'';
0
b. In section 2, in paragraph (b) remove the phrase ``initially-
planted'' and add the phrase ``initially planted'' in its place;
0
c. In section 3, revise paragraphs (a), (b) introductory text, and 
(b)(1);
0
d. In section 5, in the table, remove the word ``thereof'' wherever it 
appears and add the words ``of the named counties'' in its place;
0
e. In section 6 in paragraph (c)(2), remove the phrase ``set forth 
herein'' and add the phrase ``described in these Crop Provisions'' in 
its place;
0
f. In section 7 in paragraph (a) introductory text, remove the word 
``thereof'' and add the words ``of a unit'' in its place;
0
g. In section 9:
0
i. In paragraph (c)(2)(i), remove the phrase ``flax or''; and
0
ii. In paragraph (c)(2)(ii), add the phrase ``, flax'' after the word 
``barley'';
0
h. In section 11:
0
i. In paragraph (b)(1)(i), add the phrase ``, flax'' after the word 
``barley'';
0
ii. In paragraph (b)(1)(ii), remove the phrase ``flax or'';
0
iii. In paragraph (b)(1)(iii), add the phrase ``, flax'' after the word 
``barley'';
0
iv. In paragraph (b)(3)(i), add the phrase ``, flax'' after the word 
``barley'';
0
v. In paragraph (b)(3)(ii), remove the phrase ``flax or'';
0
vi. Revise paragraph (c)(1)(i);
0
vii. In paragraph (d)(2)(i)(A), remove the phrase ``smutty, and 
ergoty'' and add the phrase ``smutty, or ergoty'' in its place;
0
viii. In paragraph (d)(2)(i)(E), remove the word ``Flaxseed'' and add 
the word ``Flax'' in its place; and
0
ix. In paragraph (d)(2)(ii), remove the phrase ``smutty, and ergoty'' 
and add the phrase ``smutty, or ergoty'' in its place.
    The revisions and additions read as follows:


Sec.  457.101  Small grain crop insurance provisions.

    The Small Grain Crop Insurance Provisions for the 2025 and 
succeeding crop years for crops with a contract change date on or after 
November 30, 2024, and for the 2026 and succeeding crop years with a 
contract change date prior to November 30, 2024, are as follows:

United States Department of Agriculture
Federal Crop Insurance Corporation
Small Grain Crop Provisions

    In return for your payment of premium and administrative fee for 
coverage, these Small Grains Crop Provisions and corresponding 
Commodity Exchange Price Provisions will be attached to and made part 
of the Common Crop Insurance Policy, Basic Provisions (Basic 
Provisions) subject to the terms and conditions in your policy.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
    (a) Revenue protection is not available for your buckwheat. 
Therefore, if you elect to insure such crop by the sales closing date, 
it will only be protected against a loss in yield.
    (b) Revenue protection is available for barley, flax, oats, rye, 
and wheat. Therefore, if you elect to insure your barley, flax, oats, 
rye, or wheat:
    (1) You must elect to insure your barley, flax, oats, rye, or wheat 
with either revenue protection or yield protection by the sales closing 
date; and
* * * * *
11. Settlement of Claim
* * * * *
    (c) * * *
    (1) * * *
    (i) For buckwheat, and for barley, flax, oats, rye, or wheat under 
yield protection, not less than the production guarantee (per acre), 
and for barley, flax, oats, rye, or wheat under revenue protection, not 
less than the amount of production that when multiplied by the harvest 
price equals the revenue protection guarantee (per acre) for acreage:
* * * * *


0
6. Amend Sec.  457.133 as follows:
0
a. In the introductory text, remove the year ``2025'' and add the year 
``2026'' in its place;
0
b. In section 1, revise the definition of ``Standard prunes''.
    The revisions read as follows:


Sec.  457.133  Prune crop insurance provisions.

* * * * *
    Definitions
* * * * *
    Standard prunes. Any natural condition prunes:
    (1) That grade ``C,'' ``U.S. Standard,'' or better in accordance 
with the United States Standards for Grades of Dried Prunes; or
    (2) That meet or exceed the grade standards in effect for the crop 
year if a Marketing Order for California Prunes has been established 
for the area in which the insured crop is grown.
* * * * *


0
7. Amend Sec.  457.137 as follows:
0
a. Revise the introductory text and the undesignated text at the 
beginning of the ``Green Pea Crop Provisions'';
0
b. In section 1:
0
i. Revise the definition of ``Good farming practices'';
0
ii. In the definition of ``Planted acreage,'' remove the word 
``contained'';
0
iii. Revise the definitions of ``Practical to replant'' and ``Price 
election''; and
0
iv. In the definition of ``Processor contract,'' remove the phrase ``A 
written agreement'' and add the phrase ``A written contract'' in its 
place;
0
c. In section 2:
0
i. In paragraph (a)(1), remove the word ``contained''; and
0
ii. Revise paragraphs (a)(2) and (b);
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (a), remove the phrase ``Special Provisions'' and add 
the phrase ``actuarial documents'' in its place;
0
e. In section 5, in the table, replace the words ``Feb.'' and ``Mar.'' 
and add the words ``February'' and ``March'', respectively, in their 
place;
0
f. In section 6, remove the phrase ``the provisions of'';
0
g. In section 8, introductory paragraph, remove the phrase ``the 
provisions of'';
0
h. In section 9, introductory paragraph, remove the phrase ``the 
provisions contained in'';
0
i. In section 10:
0
i. In the introductory paragraph, remove the phrase ``the provisions 
of'';
0
ii. In paragraph (a)(4), remove the word ``contained''; and
0
iii. In paragraph (a)(8), remove the word ``contained'';
0
j. In section 11, in paragraph (c), remove the phrase ``15 day period'' 
and

[[Page 93468]]

add the phrase ``15-day period'' in its place; and
0
k. In section 12, revise paragraph (b)(7).
    The revisions and additions read as follows:


Sec.  7 CFR 457.137  Green pea crop insurance provisions.

    The Green Pea Crop Insurance Provisions for the 2025 and succeeding 
crop years are as follows:

United States Department of Agriculture
Federal Crop Insurance Corporation.
Green Pea Crop Provisions

    In return for your payment of premium and administrative fee for 
the coverage, these Green Pea Crop Provisions will be attached to and 
made part of the Common Crop Insurance Policy, Basic Provisions (Basic 
Provisions) subject to the terms and conditions in your policy.
* * * * *
    1. Definitions
* * * * *
    Good farming practices. In addition to the definition of ``good 
farming practices'' in the Basic Provisions, the cultural practices 
required by the processor contract.
* * * * *
    Practical to replant. In addition to the definition of ``practical 
to replant'' in the Basic Provisions, practical to replant is defined 
as our determination, after loss or damage to the insured crop, based 
on factors including, but not limited to, moisture availability, and 
marketing window, that replanting the insured crop will allow the crop 
to attain maturity prior to the calendar date for the end of the 
insurance period. It will not be considered practical to replant unless 
the replanted acreage can produce at least 75 percent of the approved 
yield, and the processor agrees in writing that it will accept the 
production from the replanted acreage.
    Price election. In lieu of the definition of ``price election'' in 
the Basic Provisions, price election is defined as the price per pound 
stated in the processor contract (contracted price) for the 
tenderometer reading, grade factor, or sieve size contained in the 
Special Provisions.
* * * * *
Unit Division
    (a) * * *
    (2) Optional units may be established by:
    (i) Organic and non-organic farming practices as provided in 
Section 34(c)(3) of the Basic Provisions; or
    (ii) Shell type and pod type for green peas if the shell type 
acreage does not continue into the pod type acreage in the same rows or 
planting pattern.
    (b) For any processor contract that stipulates the number of acres 
to be planted, in addition to or instead of, establishing optional 
units as provided in Section 34(c) of the Basic Provisions, optional 
units may be established by the shell type and pod type for green peas 
if the shell type acreage does not continue into the pod type acreage 
in the same rows or planting pattern.
Insurance Guarantees, Coverage Levels, and Prices
* * * * *
12. Settlement of Claim
* * * * *
    (b) * * *
    (7) Multiplying the result of section 12(b)(6) by your share.
    For example:
    You have a 100 percent share in 100 acres of shell type green peas 
in the unit, with a guarantee of 4,000 pounds per acre and a price 
election of $0.15 per pound. You are only able to harvest 200,000 
pounds. Your indemnity would be calculated as follows:
    (1) 100 acres x 4,000 pounds = 400,000 pounds guarantee;
    (2) 400,000 pounds x $0.15 price election = $60,000.00 value of 
guarantee;
    (3) Not applicable;
    (4) 200,000 pounds x $0.15 price election = $30,000.00 value of 
production to count;
    (5) Not applicable;
    (6) $60,000.00-$30,000.00 = $30,000.00 loss; and
    (7) $30,000.00 x 100 percent = $30,000.00 indemnity payment.
    You also have a 100 percent share in 100 acres of pod type green 
peas in the same unit, with a guarantee of 5,000 pounds per acre and a 
price election of $0.15 per pound. You are only able to harvest 450,000 
pounds. Your total indemnity for both shell type and pod type green 
peas would be calculated as follows:
    (1) 100 acres x 4,000 pounds = 400,000 pounds guarantee for the 
shell type, and 100 acres x 5,000 pounds = 500,000 pounds guarantee for 
the pod type;
    (2) 400,000 pounds guarantee x $0.15 price election = $60,000.00 
value of guarantee for the shell type, and 500,000 pounds guarantee x 
$0.15 price election = $75,000.00 value of guarantee for the pod type;
    (3) $60,000.00 + $75,000.00 = $135,000.00 total value of guarantee;
    (4) 200,000 pounds x $0.15 price election = $30,000.00 value of 
production to count for the shell type; and 450,000 pounds x $0.15 = 
$67,500.00 value of production to count for the pod type;
    (5) $30,000.00 + $67,500.00 = $97,500.00 total value of production 
to count;
    (6) $135,000.00--$97,500.00 = $37,500.00 loss; and
    (7) $37,500.00 loss x 100 percent = $37,500.00 indemnity payment.
* * * * *

0
8. Amend Sec.  457.142 as follows:
0
a. Revise the introductory text and the undesignated text at the 
beginning of the ``Northern Potato Crop Provisions'';
0
b. In section 11, revise paragraph (e)(2).
    The revisions read as follows:


Sec.  457.142  Northern potato crop insurance provisions.

    The Northern Potato Crop Insurance Provisions for the 2025 and 
succeeding crop years in counties with a contract change date of 
November 30, and for the 2026 and succeeding crop years in counties 
with a contract change date of April 30, June 30, and September 30, are 
as follows:

United States Department of Agriculture
Federal Crop Insurance Corporation
Northern Potato Crop Provisions

    In return for your payment of premium and administrative fee for 
the coverage, these Northern Potato Crop Provisions will be attached to 
and made part of the Common Crop Insurance Policy, Basic Provisions 
(Basic Provisions) subject to the terms and conditions in your policy.
    These provisions will be applicable in: Alaska; Humboldt, Modoc, 
and Siskiyou Counties, California; Colorado; Connecticut; Idaho; 
Indiana; Iowa; Kansas; Maine; Massachusetts; Michigan; Minnesota; 
Montana; Nebraska; Nevada; San Juan County, New Mexico; New York; North 
Dakota; Ohio; Oregon; Pennsylvania; Rhode Island; South Dakota; Utah; 
Washington; Wisconsin; and Wyoming; and any other states or counties if 
allowed by the Special Provisions.
* * * * *
11. Settlement of Claim
* * * * *
    (e) * * *
    (2) A grade inspection is completed no later than 21 days after the 
end of insurance period (if the Northern Potato Storage Coverage 
Endorsement is applicable, samples must be obtained within 60 days 
after the end of insurance period and quality (grade) determinations 
must be completed within 21 days of sampling; and
* * * * *


[[Page 93469]]



0
9. Amend Sec.  457.147 as follows:
0
a. Revise the introductory text and the undesignated text at the 
beginning of the ``Central and Southern Potato Crop Provisions'';
0
b. In section 12, revise the example after paragraph (b)(7) and before 
paragraph (c).
    The revision reads as follows:


Sec.  457.147  Central and Southern potato crop insurance provisions.

    The Central and Southern Potato Crop Insurance Provisions for the 
2025 and succeeding crop years in counties with a contract change date 
of November 30, and for the 2026 and succeeding crop years in counties 
with a contract change date of April 30, June 30, and September 30, are 
as follows:

United States Department of Agriculture
Federal Crop Insurance Corporation
Central and Southern Potato Crop Provisions

    In return for your payment of premium and administrative fee for 
the coverage, these Central and Southern Potato Crop Provisions will be 
attached to and made part of the Common Crop Insurance Policy, Basic 
Provisions (Basic Provisions) subject to the terms and conditions in 
your policy.
    These provisions will be applicable in Alabama; Arizona; all 
California counties except Humboldt, Modoc, and Siskiyou; Delaware; 
Florida; Georgia; Maryland; Missouri; New Jersey; all New Mexico 
counties except San Juan; North Carolina; Oklahoma; Texas; and 
Virginia; and other states or counties if allowed by the Special 
Provisions.
* * * * *
12. Settlement of Claim
* * * * *
    (b) * * *
    (7) * * *
    For example: You have a 100 percent share in 100 harvested acres of 
potatoes in the unit, with a guarantee of 150 hundredweight per acre 
and a price election of $4.00 per hundredweight. You are only able to 
harvest 10,000 hundredweight. Your indemnity would be calculated as 
follows:
    (1) 100 acres x 150 hundredweight = 15,000 hundredweight guarantee;
    (2) 15,000 hundredweight x $4.00 price election = $60,000.00 value 
of guarantee;
    (4) 10,000 hundredweight x $4.00 price election = $40,000.00 value 
of production to count;
    (6) $60,000.00-$40,000.00 = $20,000.00 loss; and
    (7) $20,000.00 x 100 percent = $20,000.00 indemnity payment.
    You also have a 100 percent share in 100 unharvested acres of 
potatoes in the same unit, with a guarantee of 150 hundredweight per 
acre and a price election of $3.60 per hundredweight. (The price 
election for unharvested acreage is 90.0 percent of your elected price 
election ($4.00 x 0.90 = $3.60.)) This unharvested acreage was 
appraised at 35 hundredweight per acre for a total of 3,500 
hundredweight as production to count. Your total indemnity for the 
harvested and unharvested acreage would be calculated as follows:
    (1) 100 acres x 150 hundredweight = 15,000 hundredweight guarantee 
for the harvested acreage, and 100 acres x 150 hundredweight = 15,000 
hundredweight guarantee for the unharvested acreage;
    (2) 15,000 hundredweight guarantee x $4.00 price election = 
$60,000.00 value of guarantee for the harvested acreage, and 15,000 
hundredweight guarantee x $3.60 price election = $54,000.00 value of 
guarantee for the unharvested acreage;
    (3) $60,000.00 + $54,000.00 = $114,000.00 total value of guarantee;
    (4) 10,000 hundredweight x $4.00 price election = $40,000.00 value 
of production to count for the harvested acreage, and 3,500 
hundredweight x $3.60 = $12,600.00 value of production to count for the 
unharvested acreage;
    (5) $40,000.00 + $12,600.00 = $52,600.00 total value of production 
to count;
    (6) $114,000.00-$52,600.00 = $61,400.00 loss; and
    (7) $61,400.00 loss x 100 percent = $61,400.00 indemnity payment.
* * * * *


0
10. In Sec.  457.150, in the ``Dry bean crop insurance provisions'', in 
section 7, revise paragraph (c) to read as follows:


Sec.  457.150  Dry bean crop insurance provisions.

* * * * *
7. Insured Crop
* * * * *
    (c) In addition to the types of dry beans designated in the Special 
Provisions, we will insure other types by written agreement if:
    (1) The type you intend to plant has been demonstrated to be 
adapted to the area. Evidence of adaptability must include:
    (i) Results of test plots for two years and recommendations by a 
university or seed company; or
    (ii) Two years of production reports that indicate your experience 
producing the type in your production area;
    (2) You submit your production reports and prices received, or the 
test plot results, and evidence of market potential, including the 
price buyers are willing to pay for the type; and
    (3) Both parties (you and us) enter into a written agreement 
allowing insurance on the type in accordance with section 18 of the 
Basic Provisions.
* * * * *


0
11. Amend Sec.  457.154 as follows:
0
a. Revise the introductory text and the undesignated text at the 
beginning of the ``Processing Sweet Corn Crop Provisions'';
0
b. In section 2, revise paragraphs (a)(2) and (b); and
0
c. In section 11, in paragraph (c), remove the phrase ``15 day period'' 
and add the phrase ``15-day period'' in its place.
    The revisions read as follows:


Sec.  457.154  Processing sweet corn crop insurance provisions.

    The Processing Sweet Corn Crop Insurance Provisions for the 2025 
and succeeding crop years are as follows:

United States Department of Agriculture
Federal Crop Insurance Corporation.
Processing Sweet Corn Crop Provisions

    In return for your payment of premium and administrative fee for 
the coverage, these Processing Sweet Corn Crop Provisions will be 
attached to and made part of the Common Crop Insurance Policy, Basic 
Provisions (Basic Provisions) subject to the terms and conditions in 
your policy.
* * * * *
2. Unit Division
    (a) * * *
    (2) Section 34(c) of the Basic Provisions that allows optional 
units is not applicable.
    (b) For processor contracts that stipulate the number of acres to 
be planted, optional units as provided in section 34(c) of the Basic 
Provisions will apply.
* * * * *


0
12. Amend Sec.  457.166 as follows:
0
a. In the introductory text, remove the year ``2025'' and add the year 
``2026'' in its place;
0
b. In section 1, revise the definition of ``prune''.
    The revision reads as follows:


Sec.  457.166  Blueberry crop insurance provisions.

* * * * *
1. Definitions
* * * * *
    Prune. A cultural practice performed to increase blueberry 
production as follows:
    (1) For lowbush blueberries, a process by which the acreage is 
either burned or mowed; and

[[Page 93470]]

    (2) For all other blueberries, a process by which parts of the bush 
are cut off or the bush is cut back.
* * * * *

Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2024-27225 Filed 11-26-24; 8:45 am]
BILLING CODE 3410-08-P`