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

93463 

Vol. 89, No. 229 

Wednesday, November 27, 2024 

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 chandra.place@usda.gov. 

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, marketbased 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). 


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93464 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

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; 


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


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93466 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

• 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-discriminationcomplaint 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: 

program.intake@usda.gov. 

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: 


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PART 407—AREA RISK PROTECTION 

INSURANCE REGULATIONS 

■ 1. The authority citation for part 407 

continues to read as follows: 

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

■ 2. Amend § 407.9 as follows: 

■ 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 

■ 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 

■ 3. The authority citation for 7 CFR 

part 457 continues to read as follows: 

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

■ 4. In § 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. 

■ 5. Amend § 457.101 as follows: 

■ a. Revise the introductory text and the 

undesignated text at the beginning of 

the ‘‘Small Grain Crop Provisions’’; 

■ b. In section 2, in paragraph (b) 

remove the phrase ‘‘initially-planted’’ 

and add the phrase ‘‘initially planted’’ 

in its place; 

■ c. In section 3, revise paragraphs (a), 

(b) introductory text, and (b)(1); 

■ 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; 

■ 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; 

■ f. In section 7 in paragraph (a) 

introductory text, remove the word 

‘‘thereof’’ and add the words ‘‘of a unit’’ 

in its place; 

■ g. In section 9: 

■ i. In paragraph (c)(2)(i), remove the 

phrase ‘‘flax or’’; and 

■ ii. In paragraph (c)(2)(ii), add the 

phrase ‘‘, flax’’ after the word ‘‘barley’’; 

■ h. In section 11: 

■ i. In paragraph (b)(1)(i), add the phrase 

‘‘, flax’’ after the word ‘‘barley’’; 

■ ii. In paragraph (b)(1)(ii), remove the 

phrase ‘‘flax or’’; 

■ iii. In paragraph (b)(1)(iii), add the 

phrase ‘‘, flax’’ after the word ‘‘barley’’; 

■ iv. In paragraph (b)(3)(i), add the 

phrase ‘‘, flax’’ after the word ‘‘barley’’; 

■ v. In paragraph (b)(3)(ii), remove the 

phrase ‘‘flax or’’; 

■ vi. Revise paragraph (c)(1)(i); 

■ vii. In paragraph (d)(2)(i)(A), remove 

the phrase ‘‘smutty, and ergoty’’ and 

add the phrase ‘‘smutty, or ergoty’’ in its 

place; 

■ viii. In paragraph (d)(2)(i)(E), remove 

the word ‘‘Flaxseed’’ and add the word 

‘‘Flax’’ in its place; and 

■ 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: 

§ 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: 

* * * * * 

■ 6. Amend § 457.133 as follows: 

■ a. In the introductory text, remove the 

year ‘‘2025’’ and add the year ‘‘2026’’ in 

its place; 

■ b. In section 1, revise the definition of 

‘‘Standard prunes’’. 

The revisions read as follows: 

§ 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. 

* * * * * 

■ 7. Amend § 457.137 as follows: 

■ a. Revise the introductory text and the 

undesignated text at the beginning of 

the ‘‘Green Pea Crop Provisions’’; 

■ b. In section 1: 

■ i. Revise the definition of ‘‘Good 

farming practices’’; 

■ ii. In the definition of ‘‘Planted 

acreage,’’ remove the word ‘‘contained’’; 

■ iii. Revise the definitions of ‘‘Practical 

to replant’’ and ‘‘Price election’’; and 

■ iv. In the definition of ‘‘Processor 

contract,’’ remove the phrase ‘‘A written 

agreement’’ and add the phrase ‘‘A 

written contract’’ in its place; 

■ c. In section 2: 

■ i. In paragraph (a)(1), remove the word 

‘‘contained’’; and 

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

■ d. In section 3: 

■ i. Revise the section heading; 

■ ii. In paragraph (a), remove the phrase 

‘‘Special Provisions’’ and add the phrase 

‘‘actuarial documents’’ in its place; 

■ e. In section 5, in the table, replace the 

words ‘‘Feb.’’ and ‘‘Mar.’’ and add the 

words ‘‘February’’ and ‘‘March’’, 

respectively, in their place; 

■ f. In section 6, remove the phrase ‘‘the 

provisions of’’; 

■ g. In section 8, introductory 

paragraph, remove the phrase ‘‘the 

provisions of’’; 

■ h. In section 9, introductory 

paragraph, remove the phrase ‘‘the 

provisions contained in’’; 

■ i. In section 10: 

■ i. In the introductory paragraph, 

remove the phrase ‘‘the provisions of’’; 

■ ii. In paragraph (a)(4), remove the 

word ‘‘contained’’; and 

■ iii. In paragraph (a)(8), remove the 

word ‘‘contained’’; 

■ j. In section 11, in paragraph (c), 

remove the phrase ‘‘15 day period’’ and 


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93468 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

add the phrase ‘‘15-day period’’ in its 

place; and 

■ k. In section 12, revise paragraph 

(b)(7). 

The revisions and additions read as 

follows: 

§ 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 × 4,000 pounds = 

400,000 pounds guarantee; 

(2) 400,000 pounds × $0.15 price 

election = $60,000.00 value of 

guarantee; 

(3) Not applicable; 

(4) 200,000 pounds × $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 × 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 × 4,000 pounds = 

400,000 pounds guarantee for the shell 

type, and 100 acres × 5,000 pounds = 

500,000 pounds guarantee for the pod 

type; 

(2) 400,000 pounds guarantee × $0.15 

price election = $60,000.00 value of 

guarantee for the shell type, and 500,000 

pounds guarantee × $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 × $0.15 price 

election = $30,000.00 value of 

production to count for the shell type; 

and 450,000 pounds × $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 × 100 percent = 

$37,500.00 indemnity payment. 

* * * * * 

■ 8. Amend § 457.142 as follows: 

■ a. Revise the introductory text and the 

undesignated text at the beginning of 

the ‘‘Northern Potato Crop Provisions’’; 

■ b. In section 11, revise paragraph 

(e)(2). 

The revisions read as follows: 

§ 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 

* * * * * 


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Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 93469 

■ 9. Amend § 457.147 as follows: 

■ a. Revise the introductory text and the 

undesignated text at the beginning of 

the ‘‘Central and Southern Potato Crop 

Provisions’’; 

■ b. In section 12, revise the example 

after paragraph (b)(7) and before 

paragraph (c). 

The revision reads as follows: 

§ 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 × 150 hundredweight = 

15,000 hundredweight guarantee; 

(2) 15,000 hundredweight × $4.00 

price election = $60,000.00 value of 

guarantee; 

(4) 10,000 hundredweight × $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 × 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 × 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 × 150 hundredweight = 

15,000 hundredweight guarantee for the 

harvested acreage, and 100 acres × 150 

hundredweight = 15,000 hundredweight 

guarantee for the unharvested acreage; 

(2) 15,000 hundredweight guarantee × 

$4.00 price election = $60,000.00 value 

of guarantee for the harvested acreage, 

and 15,000 hundredweight guarantee × 

$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 × $4.00 

price election = $40,000.00 value of 

production to count for the harvested 

acreage, and 3,500 hundredweight × 

$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 × 100 percent = 

$61,400.00 indemnity payment. 

* * * * * 

■ 10. In § 457.150, in the ‘‘Dry bean crop 

insurance provisions’’, in section 7, 

revise paragraph (c) to read as follows: 

§ 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. 

* * * * * 

■ 11. Amend § 457.154 as follows: 

■ a. Revise the introductory text and the 

undesignated text at the beginning of 

the ‘‘Processing Sweet Corn Crop 

Provisions’’; 

■ b. In section 2, revise paragraphs (a)(2) 

and (b); and 

■ 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: 

§ 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. 

* * * * * 

■ 12. Amend § 457.166 as follows: 

■ a. In the introductory text, remove the 

year ‘‘2025’’ and add the year ‘‘2026’’ in 

its place; 

■ b. In section 1, revise the definition of 

‘‘prune’’. 

The revision reads as follows: 

§ 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 


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93470 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Rules and Regulations 

(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 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Parts 317 and 381 

[Docket No. FSIS–2022–0016] 

RIN 0583–AD77 

Uniform Compliance Date for Food 

Labeling Regulations 

AGENCY: Food Safety and Inspection 

Service (FSIS), U.S. Department of 

Agriculture (USDA). 

ACTION: Final action. 

SUMMARY: FSIS is establishing January 1, 

2028, as the uniform compliance date 

for new meat and poultry product 

labeling regulations that will be issued 

between January 1, 2025, and December 

31, 2026. FSIS periodically announces 

uniform compliance dates for new meat 

and poultry product labeling regulations 

to minimize the economic impact of 

label changes. 

DATES: Effective date: This action is 

effective November 27, 2024. 

Compliance date: The uniform 

compliance date for new meat and 

poultry product labeling regulations that 

will be issued between January 1, 2025, 

and December 31, 2026, is January 1, 

2028. 

Comments due date: Comments on 

this final action must be received on or 

before December 27, 2024. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

rule. Comments may be submitted by 

one of the following methods: 

• Federal eRulemaking Portal: This 

website provides the ability to type 

short comments directly into the 

comment field on this web page or 

attach a file for lengthier comments. Go 

to https://www.regulations.gov. Follow 

the on-line instructions at that site for 

submitting comments. 

• Mail: Send to Docket Clerk, U.S. 

Department of Agriculture, Food Safety 

and Inspection Service, 1400 

Independence Avenue SW, Mailstop 

3758, Washington, DC 20250–3700. 

• Hand- or Courier-Delivered 

Submittals: Deliver to 1400 

Independence Avenue SW, Jamie L. 

Whitten Building, Room 350–E, 

Washington, DC 20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2022–0016. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to https://

www.regulations.gov. 

Docket: For access to background 

documents or comments received, call 

202–720–5046 to schedule a time to 

visit the FSIS Docket Room at 1400 

Independence Avenue SW, Washington, 

DC 20250–3700. 

FOR FURTHER INFORMATION CONTACT: 

Contact Rosalyn Murphy-Jenkins, 

Director, Labeling and Program Delivery 

Staff, Office of Policy and Program 

Development, Food Safety and 

Inspection Service, U.S. Department of 

Agriculture, Telephone: (301) 504–0878. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 14, 2004, FSIS issued a 

final rule establishing January 1, 2008, 

as the uniform compliance date for new 

meat and poultry labeling regulations 

issued between January 1, 2005, and 

December 31, 2006 (69 FR 74405). The 

2004 final rule also provided that the 

Agency would set uniform compliance 

dates for new labeling regulations in 2- 

year increments and periodically issue 

final rules announcing and requesting 

comments on those dates. Consistent 

with the 2004 final rule, the Agency has 

since published nine rules establishing 

the uniform compliance dates of January 

1, 2010, January 1, 2012, January 1, 

2014, January 1, 2016, January 1, 2018, 

January 1, 2020, January 1, 2022, 

January 1, 2024, and January 1, 2026 (72 

FR 9651, 73 FR 75564, 75 FR 71344, 77 

FR 76824, 79 FR 71007, 81 FR 91670, 

83 FR 63052, 85 FR 81339, and 87 FR 

77707). 

The Final Rule 

The new uniform compliance date 

will apply only to final FSIS regulations 

that require changes in the labeling of 

meat and poultry products and that are 

published after January 1, 2025, and 

before December 31, 2026. For each 

final rule that requires changes in 

labeling, FSIS will specifically identify 

January 1, 2028, as the compliance date. 

All meat and poultry food products that 

are subject to labeling regulations issued 

between January 1, 2025, and December 

31, 2026, will be required to comply 

with these regulations on products 

introduced into commerce on or after 

January 1, 2028. If any food labeling 

regulation involves special 

circumstances that justify a compliance 

date other than January 1, 2028, the 

Agency will determine an appropriate 

compliance date and will publish that 

compliance date in the rulemaking. 

Two-year increments increase 

industry’s ability to make orderly 

adjustments to new labeling 

requirements without exposing 

consumers to outdated labels. This 

approach allows meat and poultry 

producers to plan for the use of label 

inventories and to develop new labeling 

materials that meet the new 

requirements. It also serves to reduce 

the economic impact of changing labels 

on both producers and consumers. 

In the March 5, 2007, final rule, FSIS 

received only four comments on the 

announced uniform compliance dates, 

all in support. In the March 5, 2007, 

final rule, FSIS determined that further 

rulemaking for uniform compliance 

dates for labeling requirements is 

unnecessary (72 FR 9651). The Agency 

received no comments on the 2007 final 

rule, the comments FSIS received on the 

2012 final rule were outside the scope 

(77 FR 76824), and FSIS received no 

comments on the 2014 final rule (79 FR 

71007) or the 2016 final rule (81 FR 

91670). The Agency received four 

comments on the 2018 final rule (83 FR 

63052), all in support. The Agency 

received four comments on the 2020 

final rule (85 FR 81339); one was 

outside the scope of the rulemaking and 

three were in support of the rule. The 

Agency received two comments on the 

2022 final rule (87 FR 77707); one was 

in support of the rule, and one 

requested a 90-day extension because of 

potential supply chain issues for selfadhesive label materials. Because the 

commenter did not provide any 

additional information to support their 

claim about supply shortages and no 

other members of industry expressed 

concerns about a shortage, FSIS did not 

change the uniform compliance date. 

Consistent with its statement in 2007, 

FSIS finds that further rulemaking on 

this matter is unnecessary. However, 

FSIS is providing an opportunity for 

comment on the uniform compliance 

date established in this final rule. 

Executive Orders 12866 and 13563, and 

the Regulatory Flexibility Act 

Executive Orders (E.O.) 12866 (as 

amended by E.O. 14094) 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, 


ddrumheller on DSK120RN23PROD with RULES1