Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33485 

Pullulan—for use only in tablets and 

capsules for dietary supplements 

labeled ‘‘made with organic (specified 

ingredients or food group(s)).’’ 

* * * * * 

(b) * * * 

Collagen gel—as casing, may be used 

only when organic collagen gel is not 

commercially available. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–13323 Filed 6–24–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Part 457 

[Docket ID FCIC–21–0002] 

RIN 0563–AC73 

Common Crop Insurance Regulations; 

Small Grains Crop Insurance 

Provisions 

AGENCY: Federal Crop Insurance 

Corporation, U.S. Department of 

Agriculture (USDA). 

ACTION: Final rule with request for 

comments. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) amends the 

Common Crop Insurance Regulations, 

Small Grains Crop Insurance Provisions 

and Malting Barley Price and Quality 

Endorsement. For the Small Grains Crop 

Insurance Provisions, the intended 

effect of this action is to allow 

enterprise units by type for wheat, to 

clarify policy provisions for consistency 

with other crop provisions that offer 

coverage on both winter and springplanted acreage of the crop. For the 

Malting Barley Price and Quality 

Endorsement, the intended effect is to 

remove and reserve this section. The 

changes will be effective for the 2022 

and succeeding crop years. 

DATES:

Effective date: June 25, 2021. 

Comment date: We will consider 

comments that we receive by the close 

of business August 24, 2021. 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 either of the following 

methods, although FCIC prefers that you 

submit comments electronically through 

the Federal eRulemaking Portal: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and search 

for Docket ID FCIC–21–0002. Follow the 

instructions for submitting comments. 

• Mail: Director, Product 

Administration and Standards Division, 

Risk Management Agency (RMA), U.S. 

Department of Agriculture, P.O. Box 

419205, Kansas City, MO 64133–6205. 

In your comment, specify docket ID 

FCIC–21–0002. 

Comments will be available for 

viewing online at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Francie Tolle; telephone (816) 926– 

7829; or email francie.tolle@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 

The 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 (AIP) 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. 

FCIC amends the Common Crop 

Insurance Regulations by revising 7 CFR 

457.101, Small Grains Crop Insurance 

Provisions, and by removing and 

reserving 7 CFR 457.118, Malting Barley 

Price and Quality Endorsement, to be 

effective for the 2022 and succeeding 

crop years. 

The changes to 7 CFR 457.101, Small 

Grains Crop Insurance Provisions, are as 

follows: 

1. Throughout the Crop Provisions, 

FCIC is replacing all references of the 

‘‘fall’’ type with ‘‘winter’’ type. Fall and 

spring-planted acreage are insured 

under the ‘‘winter’’ commodity type and 

‘‘spring’’ commodity type, respectively, 

in the actuarial documents. This change 

is necessary for consistency between the 

Crop Provisions and actuarial 

documents. 

2. Throughout the Crop Provisions, 

FCIC is replacing the phrase ‘‘initially 

planted’’ with the phrase ‘‘initiallyplanted,’’ where appropriate. 

3. Throughout the Crop Provisions, 

FCIC is replacing all references of 

‘‘growers’’ with ‘‘producers’’ to be 

consistent with the terminology used in 

the Common Crop Insurance Policy 

Basic Provisions. 

4. Section 1—FCIC is revising the 

definition of ‘‘Khorasan’’ by replacing 

the phrase ‘‘is considered to be’’ with 

‘‘is considered.’’ The phrase ‘‘to be’’ is 

not necessary. 

FCIC is revising the definition of 

‘‘latest final planting date’’ to replace all 

references to fall and spring-planted 

acreage to winter and spring types. This 

change will eliminate any confusion of 

whether a winter final planting date 

exists in the actuarial documents if the 

Winter Coverage Endorsement is not 

selected. For example, Asotin County, 

Washington lists a winter final planting 

date for barley that is only applicable if 

the Winter Coverage Endorsement is 

elected. Otherwise, there is no 

applicable date in the fall and only 

spring final planting dates exist for the 

spring types. The intent of these 

provisions is to address when a county 

has both winter and spring types 

designated in the Special Provisions, 

regardless if the Winter Coverage 

Endorsement is elected. 

FCIC is revising the definition of 

‘‘small grains’’ to allow the flexibility to 

insure additional small grains varieties 

that are not currently listed in the 

actuarial documents. This allows for 

insurance coverage to be offered via 

actuarial documents for varieties 

currently not insured when data become 

available, and it is appropriate to do so. 

5. Section 2—FCIC is designating the 

undesignated paragraph in section 2 as 

paragraph (b) and adding a new 

paragraph (a) to allow enterprise units 

by type for wheat. For example, if 

insured has winter and spring types, 

they may elect one enterprise unit for 

the spring type or one enterprise unit for 

the winter type, or separate enterprise 

units for both types. 

For the wheat types, allowing separate 

enterprise units allows producers to be 

indemnified separately by type. The 

benefit for producers is that a loss on 

one type will not be offset by the gain 

on another type. 

If an insured elects enterprise units by 

type, these enterprise units are not 

allowed to be further divided by 

practice and the insured may not elect 

enterprise or optional units by irrigation 

practices for the policy. 

Additionally, the insured must 

separately meet the requirements in 

section 34(a)(4) of the Basic Provision 

for each enterprise unit they elect to 

have. 


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If the insured elects enterprise units 

by type and does not qualify for separate 

enterprise units, there are options based 

upon whether enterprise units are 

elected for one or multiple types and the 

timing of the discovery: 

• If the insured elects separate 

enterprise units for multiple types and 

the AIP discovers the enterprise unit 

qualifications are not separately met for 

all types: 

(1) On or before the acreage reporting 

date the insured may elect to insure: 

(a) All types in which they elected an 

enterprise unit for meeting the 

requirements in section 34(a)(4) of the 

Basic Provisions as separate enterprise 

units, and basic or optional units for any 

acreage that is not reported and insured 

as an enterprise unit, whichever the 

insured reports on the acreage report 

and for which the insured qualifies; or 

(b) One enterprise unit for all acreage 

of the crop in the county provided the 

insured meets the requirements in 

section 34(a)(4) of the Basic Provisions; 

or 

(c) Basic or optional units for all 

acreage of the crop in the county, 

whichever the insured reports on the 

acreage report and for which the insured 

qualifies. 

(2) After acreage reporting date, the 

insured will have one enterprise unit for 

all acreage of the crop in the county 

provided they meet the requirements in 

section 34(a)(4) of the Basic Provisions. 

If they don’t meet the requirements in 

section 34(a)(4), the AIP will assign a 

basic unit structure for all acreage of the 

crop in the county. 

• If an insured elects an enterprise 

unit for only one type and the AIP 

discovers the enterprise unit 

qualifications are not met for that type: 

(1) On or before the acreage reporting 

date, the insured’s unit division for all 

acreage of the crop in the county will be 

based on basic or optional units, 

whichever the insured reports on the 

acreage report and for which the insured 

qualifies; or 

(2) After the acreage reporting date, 

the AIP will assign the basic unit 

structure for all acreage of the crop in 

the county. 

FCIC is also revising the first sentence 

in redesignated paragraph (b) to 

rephrase the language to eliminate the 

need to list all optional unit choices 

from the Basic Provisions. This allows 

the Small Grains Crop Provisions to 

follow the Basic Provisions optional 

unit division language when and if 

those provisions in the Basic Provisions 

are updated, without a new regulation. 

In newly redesignated paragraph (b), 

FCIC is revising the reference to section 

34(b) of the Common Crop Insurance 

Policy Basic Provisions to 34(c). Section 

34(c) is the appropriate reference. 

In newly redesignated paragraph (b), 

FCIC is simplifying the paragraph by 

removing the list of insurable types that 

may be insured as separate optional 

units and replacing with a statement 

that separate optional units may be 

established by any insured wheat type 

as long as each optional unit contains 

only initially-planted acreage of the 

type. The insured type can be listed in 

the actuarial documents or insured by 

written agreement to qualify. This 

change is needed in the event the 

insured elects enterprise units by type 

but does not qualify for enterprise units. 

6. Section 3—FCIC is revising the 

lead-in to paragraph (b)(2). This 

paragraph addresses counties that have 

both winter and spring sales closing 

dates. In some counties, the winter sales 

closing date only applies if the Winter 

Coverage Endorsement is elected. While 

these specific counties have a winter 

and a spring sales closing date listed in 

the actuarial documents, paragraph 

(b)(2) is not referring to these counties. 

Paragraph (b)(2) is only intended to 

apply to those counties where both 

winter and spring sales closing dates are 

applicable regardless of the Winter 

Coverage Endorsement election. 

Therefore, the lead-in is revised to 

include, in parenthesis, a statement that 

excludes dates specific to the Winter 

Coverage Endorsement. 

FCIC is also revising paragraphs 

(b)(2)(i) and (ii) to replace the phrase 

‘‘insured fall planted acreage’’ with the 

phrase ‘‘insurable winter planted 

acreage.’’ This paragraph provides 

guidance regarding the date by which 

producers can make changes to their 

insurance coverage depending on 

whether they have insured fall-planted 

acreage. The provisions state that if 

producers have insured fall-planted 

acreage, no changes can be made after 

the fall sales closing date. If producers 

do not have insured fall-planted 

acreage, then they can make changes up 

until the spring sales closing. All 

acreage of the crop in the county must 

be insured. Therefore, if the producer 

plants fall-planted acreage and it meets 

the insurability requirements in section 

6, then it must be insured. FCIC 

received input from AIPs that the phrase 

‘‘insured fall planted acreage’’ indicates 

that if producers planted fall-planted 

acreage but do not insure it, then they 

have until the spring sales closing date 

to make changes to the insurance 

coverage on the spring-planted acreage. 

That is not the intent of the provisions. 

Therefore, FCIC is revising the language 

to indicate if producers planted 

insurable fall-planted acreage, then no 

changes may be made after the fall sales 

closing date. As explained above, ‘‘fall’’ 

is also being replaced with ‘‘winter,’’ as 

appropriate. 

7. Section 5—FCIC is removing the 

phrase ‘‘Special Provisions’’ and 

replacing it with the phrase ‘‘actuarial 

documents.’’ The cancellation and 

termination dates identified in this 

section are also found in the actuarial 

documents, rather than the Special 

Provisions. If FCIC determines that the 

cancellation or termination dates need 

to differ than what is provided in the 

Crop Provisions, then the modified date 

would be identified in the actuarial 

documents. 

8. Section 6—FCIC is removing 

paragraph (e). This paragraph refers to 

the Malting Barley Price and Quality 

Endorsement (MBPQE) published at 7 

CFR 457.118. The MBPQE is no longer 

available to barley producers. Another 

endorsement, Malting Barley 

Endorsement was approved by the FCIC 

Board of Directors under Section 508(h) 

of the Federal Crop Insurance Act. The 

Malting Barley Endorsement replaced 

the MBPQE in 2016 and is not codified. 

Therefore, there’s no need to include a 

reference to the MBPQE within the 

Small Grains Crop Provisions. 

9. Section 7—FCIC is revising the 

lead-in sentence to paragraph (a)(1) to 

remove the reference to oats. FCIC is 

adding oats to paragraph (a)(2). 

Paragraph (a)(1) is for the crops for 

which there is only one planting season 

(either winter or spring); whereas 

paragraph (a)(2) is for the crops that 

have more than one planting season 

(winter and spring). In all counties 

where oats are insured, FCIC insures 

winter-planted oats, spring-planted oats 

or both. Therefore, oats are more 

appropriately placed in paragraph (a)(2) 

and are added within paragraph (a)(2) in 

every place there is a reference to barley 

and wheat. 

FCIC is also revising paragraphs 

(a)(2)(ii) and (iii) to change the phrase 

‘‘fall final planting date’’ and ‘‘fall and 

spring final planting dates’’ to ‘‘winter 

type’’ and ‘‘winter and spring types,’’ 

respectively. 

FCIC is revising paragraph 

(a)(2)(iii)(A) to add the word ‘‘acreage’’ 

at the end of the following phrase: ‘‘Any 

winter barley, oat or wheat.’’ By adding 

‘‘acreage’’ to this phrase, this lead-in 

phrase is consistent with the lead-in 

phrase in paragraph (a)(2)(iii)(B). FCIC 

is also revising the phrase ‘‘Any winter 

barley, oat or wheat’’ to add a comma 

after ‘‘oat.’’ 

FCIC is also adding paragraph 

(a)(2)(iii)(D). This paragraph addresses 

situations, in counties with both winter 

and spring types listed in the actuarial 


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documents, when acreage of the winter 

type is planted after the end of the late 

planting period. The Basic Provisions 

says that any acreage planted after the 

end of the late planting period may be 

insured if the producer chooses to 

insure it. If insured, then the acreage 

will be insured with a reduced 

guarantee equal to the production 

guarantee times the prevented planting 

coverage level percentage specified in 

the actuarial documents. In counties 

with both winter and spring types listed 

in the actuarial documents, winter types 

are not eligible for prevented planting so 

there is no prevented planting coverage 

level percentage listed in the actuarial 

documents to assign to it. Without a 

prevented planting coverage level, 

section 8(b)(2) of the Basic Provisions 

applies and the winter types are not 

insurable (e.g., the appropriate rates are 

not available to insure the crop). This 

new provision allows the acreage to be 

insured in the spring as the spring type, 

if the producer chooses to insure it and 

the AIP determines there is an adequate 

stand. This change treats all producers 

similarly to producers who plant winter 

types in counties with only a spring 

type listed in the actuarial documents. 

FCIC is revising paragraph (a)(2)(iv) 

by revising the phrase ‘‘. . .any acreage 

of spring barley, oat or wheat. . .’’ to 

read ‘‘. . .any spring barley, oat or 

wheat acreage. . .’’ Similarly, FCIC is 

revising paragraph (a)(2)(v) by revising 

the phrase ‘‘. . .any acreage of winter 

barley, oat or wheat. . .’’ to read 

‘‘. . .any winter barley, oat or wheat 

acreage. . .’’ These revisions are 

consistent with revisions made in 

paragraph (a)(2)(iii). 

In paragraphs (a)(2)(iv) and (v), FCIC 

is replacing the phrase ‘‘spring final 

planting date’’ with ‘‘spring type’’ in 

both places to be consistent with 

changes elsewhere in the Crop 

Provisions. 

Also in paragraph (a)(2)(v), FCIC is 

revising the phrase ‘‘is not insured’’ to 

‘‘will not be insured.’’ This is consistent 

with the language that was added in 

paragraph (a)(2)(iii)(D). 

FCIC is also revising paragraph 

(a)(2)(v) to remove the phrase ‘‘agree in 

writing’’ as this could be misinterpreted 

to mean a written agreement, which is 

not the intent of the language, and could 

result in providing insurance via written 

agreement when it was not intended or 

appropriate. FCIC is replacing that 

phrase with language to clarify the AIP 

must inspect and give written 

confirmation that the acreage has an 

adequate stand in the spring to produce 

the yield used to determine your 

production guarantee. These 

clarifications will reduce the likelihood 

of fraud, waste, and abuse. 

FCIC is revising paragraph (a)(2)(v)(D) 

by revising the phrase ‘‘. . . any acreage 

of such winter barley, oat or wheat. . .’’ 

to read ‘‘. . .any such winter barley, oat, 

or wheat acreage . . .’’ These revisions 

are consistent with revisions made in 

paragraphs (a)(2)(iii)–(v). 

FCIC is also revising paragraphs 

(a)(2)(v) introductory text and 

(a)(2)(v)(A), (B), and (D) to change all 

references of ‘‘fall planted’’ to ‘‘winter’’ 

for consistency with changes elsewhere. 

FCIC is revising paragraph (a)(2)(v)(E) 

to change the reference of ‘‘fall planted 

acreage’’ to ‘‘winter planted acreage’’ for 

consistency with changes elsewhere. 

10. Section 9—FCIC is replacing the 

phrase ‘‘winter coverage endorsement’’ 

with ‘‘Winter Coverage Endorsement’’ 

because it is the title of an endorsement. 

FCIC is replacing the phrase ‘‘spring 

final planting date’’ with the phrase 

‘‘spring type’’ in paragraph (a)(4) to 

accurately refer to the Special 

Provisions where insurable types and 

practices are listed. 

FCIC is revising paragraph (b). The 

phrase ‘‘fall final planting date 

(including final planting dates in 

December, January and February)’’ is 

replaced with ‘‘winter type’’ to 

accurately refer to the Special 

Provisions where insurable types and 

practices are listed. 

FCIC is revising paragraph (e) to 

replace the phrase ‘‘crop type’’ with 

‘‘type’’ in the five places it appears. This 

is the only paragraph in the Crop 

Provisions where ‘‘crop type’’ is used. 

For consistency throughout the Crop 

Provisions, the word ‘‘crop’’ is removed. 

11. Section 11—FCIC is adding 

paragraph (d)(1)(v) to provide flexibility 

in the Special Provisions to update the 

moisture levels for each crop if it is 

determined that a level should be 

different than what is provided in the 

Crop Provisions. 

FCIC is revising paragraph (d)(4) by 

replacing the phrase ‘‘contained in’’ 

with the phrase ‘‘calculated in 

accordance with.’’ The current 

provisions state that the quality 

adjustment factor is contained in the 

Special Provisions. However, there is no 

such factor stated in the Special 

Provisions. Instead, the quality 

adjustment factor is calculated using 

several different steps that are contained 

in the Special Provisions. 

12. Section 13—FCIC is removing the 

phrase ‘‘spring final planting date’’ and 

replacing it with the phrase ‘‘spring 

type.’’ FCIC is also revising the 

paragraph to move the first sentence to 

the end of the paragraph for ease of 

reading. 

Comments Requested on Whether To 

Retain Section 9(a)(5) 

Section 9(a)(5) states that damage 

must occur after the winter final 

planting date for the producer to be 

eligible for a replant payment, in 

counties with both winter and spring 

final planting dates. Provisions in 

section 7(a)(2)(iii) provide guidance on 

whether a crop should be replanted if 

damage occurs any time before the 

spring final planting date, which would 

also encompass any time before the 

winter final planting date since the 

winter final planting date comes before 

the spring final planting date in the crop 

year. As such, a producer is required to 

replant if damage occurs prior to the 

winter final planting date; however, no 

replanting payment is made in that 

timeframe. FCIC has received requests 

to remove this provision, thereby 

allowing replanting payments to be 

made in situations where damage occurs 

prior to the winter final planting date in 

counties with both winter and spring 

final planting dates. FCIC has also 

received opposing feedback requesting 

the provision remain intact because it is 

difficult or impossible to make a 

determination prior to the winter final 

planting date that acreage needs to be 

replanted or that it is practical to 

replant, except in cases of widespread 

weather events. 

In addition to consideration of the 

future of section 9(a)(5), there are other 

provisions that may be affected by its 

removal. Section 9(b) states that no 

replanting payment is available in any 

circumstance for damage in counties 

with only a winter final planting date. 

Producers in these counties, like 

producers in counties with both winter 

and spring final planting dates, are 

required to replant if damage occurs 

prior to the winter final planting date, 

but no replanting payment is available. 

FCIC has received opposition to remove 

this provision, which, if removed, 

would allow replanting payments prior 

to the winter final planting date. In 

addition to the same opposing feedback 

FCIC received regarding removal of 

section 9(a)(5), FCIC also received 

feedback that in counties where only a 

winter type is insurable, there is a short 

window to replant a damaged crop. 

Replanting in these counties may 

contribute to later planting dates when 

soil temperatures may be too low for 

germination. Unlike in counties where 

both winter and spring types are 

insurable, there is not an opportunity 

for producers to replant a damaged 

winter crop in the spring to retain 

coverage using the winter guarantee. 


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Further, the Winter Coverage 

Endorsement (WCE) provides optional 

coverage for barley and wheat producers 

from the winter final planting date until 

the spring final planting date in 

counties with both winter and spring 

final planting dates. If damage occurs 

during the WCE coverage period, the 

producer has three options: (1) Continue 

to care for the damaged crop and 

coverage will continue under the terms 

of the Basic Provisions, the Small Grains 

Crop Insurance Provisions and the WCE; 

(2) replant the damaged acreage and 

receive a replanting payment; or (3) 

destroy all remaining acreage and accept 

an appraised amount of production 

determined in accordance with section 

11(c)(1) of the Small Grains Crop 

Insurance Provisions to count against 

the unit production guarantee. The 

Common Crop Insurance Policy Basic 

Provisions says that no replanting 

payment will be made on acreage on 

which one replanting payment has 

already been allowed for the crop year. 

Assume section 9(a)(5) is removed, 

damage occurs prior to the winter final 

planting date, and a replanting payment 

is made. If the same acreage that 

received a replanting payment is 

damaged during the WCE coverage 

period, then the producer’s options 

under the WCE have been narrowed 

down to two as he likely will not choose 

to replant knowing he will not receive 

a replanting payment. When the 

producer elected the WCE at sales 

closing time, he would have expected 

three options in the event of damage. 

Finally, in general, a replanting 

payment will not be made if acreage is 

damaged and that acreage was planted 

before the earliest planting date if an 

earliest planting date is listed in the 

actuarial documents. There are counties 

with both winter and spring final 

planting dates that currently do not 

have an earliest planting date listed for 

the winter type. If section 9(a)(5) is 

removed, it is unclear if producers will 

plant earlier than they have historically 

planted knowing that there is a potential 

for a replanting payment if the crop fails 

before the winter final planting date. 

Specifically, FCIC requests comments 

on the following questions; please 

provide any data and information that 

supports your comments: 

1. Should FCIC provide a replanting 

payment for the winter type prior to the 

winter final planting date (i.e., by 

removing section 9(a)(5))? 

2. If section 9(a)(5) is removed, while 

section 9(b) is left intact, what concerns 

do you have that producers who plant 

a winter type in both counties would be 

treated differently regarding replanting 

payments: Where producers in counties 

with both winter and spring final 

planting dates would receive a 

replanting payment prior to the winter 

final planting date and producers in 

counties with only a winter final 

planting date would not receive a 

replanting payment prior to the winter 

final planting date? 

3. If section 9(a)(5) is removed, what 

concerns do you have that the producer 

may not be eligible for a replanting 

payment under the WCE if he has 

already received a replanting payment 

on the same acreage? 

4. If section 9(a)(5) is removed, will 

FCIC need to create an earliest planting 

date for the winter types in counties 

where no earliest planting date exists to 

require that producers plant no earlier 

than a specific date in order to be 

eligible for a replanting payment? 

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. 

For major rules, the Congressional 

Review Act requires a delay the 

effective date of 60 days after 

publication to allow for Congressional 

review. This rule is not a major rule 

under the Congressional Review Act, as 

defined by 5 U.S.C. 804(2). Therefore, 

this final rule is effective on the date of 

publication in the Federal Register. 

Although not required by APA or any 

other law, FCIC has chosen to request 

comments on this rule. 

Executive Orders 12866 and 13563 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasized the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 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) 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. 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? 

• 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 

In general, the environmental impacts 

of rules are to be considered in a 

manner consistent with the provisions 

of the National Environmental Policy 

Act (NEPA, 42 U.S.C. 4321–4347) and 

the regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508). FCIC conducts programs 

and activities that have been determined 

to have no individual or cumulative 

effect on the human environment. As 

specified in 7 CFR 1b.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. 


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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. 

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 Federal 

Domestic Assistance Program listed in 

the Catalog of Federal Domestic 

Assistance 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. 

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. 

Persons with disabilities 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 or 844–433– 

2774 (toll-free nationwide). 

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 mail to: U.S. 

Department of Agriculture, Office of the 

Assistant Secretary for Civil Rights, 

1400 Independence Avenue SW, 

Washington, DC 20250–9410 or email: 

OAC@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

List of Subjects in 7 CFR Part 457 

Acreage allotments, Crop insurance, 

Reporting and recordkeeping 

requirements. 

Final Rule 

For the reasons discussed above, FCIC 

amends 7 CFR part 457 as follows: 

PART 457—COMMON CROP 

INSURANCE REGULATIONS 

■ 1. The authority citation for 7 CFR 

part 457 continues to read as follows: 

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

■ 2. Amend § 457.101 as follows: 

■ a. Revise the introductory text; 

■ b. In section 1: 

■ i. In the definition of ‘‘Khorasan’’, 

remove the phrase ‘‘to be’’; 

■ ii. Revise the definition of ‘‘Latest 

final planting date’’; and 

■ iii. In the definition of ‘‘Small grains’’, 

add the phrase ‘‘or as otherwise 

specified in the actuarial documents’’ at 

the end; 

■ c. Revise section 2; 

■ d. In section 3: 

■ i. In paragraph (a), remove the 

semicolon at the end and add a period 

in its place; and 

■ ii. Revise paragraph (b)(2); 

■ e. In section 5, in the introductory 

text, remove the phrase ‘‘Special 

Provisions’’ and add in its place the 

phrase ‘‘actuarial documents’’; 

■ f. In section 6, remove paragraph (e); 

■ g. In section 7: 

■ i. In paragraph (a)(1) introductory text, 

remove the word ‘‘oats,’’ and add a 

comma after ‘‘flax’’; and 

■ ii. Revise paragraphs (a)(2) 

introductory text, (a)(2)(ii) thorough (iv), 

(c)(2)(v) introductory text, and 

(c)(2)(v)(A), (B), (D), and (E); 

■ h. In section 9: 

■ i. In paragraph (a)(2), remove the 

phrase ‘‘winter coverage endorsement’’ 

and add in its place the phrase ‘‘Winter 

Coverage Endorsement’’; 

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

phrase ‘‘final planting date’’ and add in 

its place the word ‘‘type’’; 

■ iii. In paragraph (a)(5), remove the 

word ‘‘fall’’ and add the word ‘‘winter’’ 

in all places where it appears; 

■ iv. Revise paragraph (b); 

■ v. In paragraph (c)(2)(i), add a comma 

after ‘‘flax’’; and 

■ vi. In paragraph, (e) remove the phrase 

‘‘crop type’’ and add the word ‘‘type’’ in 

all places where it appears; 

■ i. In section 11: 

■ i. Revise paragraphs (d)(1)(iii) and (iv); 


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33490 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

■ ii. Add paragraph (d)(1)(v); and 

■ iii. In paragraph (d)(4), remove the 

phrase ‘‘contained in’’ and add in its 

place the phrase ‘‘calculated in 

accordance with’’; 

■ j. In section 12, remove the word 

‘‘fall’’ and add the word ‘‘winter’’ in all 

places where it appears; and 

■ k. Revise section 13. 

The revisions and additions read as 

follows: 

§ 457.101 Small grains crop insurance 

provisions. 

The Small Grains Crop Insurance 

Provisions for the 2022 and succeeding 

crop years are as follows: 

* * * * * 

1. Definitions. 

* * * * * 

Latest final planting date. (a) The 

final planting date for the spring type in 

all counties for which the Special 

Provisions designate a spring type only; 

(b) The final planting date for the 

winter type in all counties for which the 

Special Provisions designate a winter 

type only; or 

(c) The final planting date for the 

spring type in all counties for which the 

Special Provisions designate both spring 

and winter types. 

* * * * * 

2. Unit Division. 

(a) In addition to enterprise units 

provided in section 34(a) of the Basic 

Provisions, for wheat only, you may 

elect separate enterprise units by type, 

as provided in this section, if allowed 

by the actuarial documents. If you elect 

enterprise units by type, you may not 

elect enterprise or optional units by 

irrigation practices. 

(1) You may elect separate enterprise 

units by type unless otherwise specified 

in the Special Provisions. For example, 

if you have winter and spring types, you 

may elect one enterprise unit for the 

spring type or one enterprise unit for the 

winter type, or separate enterprise units 

for both types. Any acreage which is not 

reported and insured as an enterprise 

unit will be insured as basic or optional 

units, if requirements are met. For 

example, if you only have winter and 

spring types, you may have an 

enterprise unit for the winter type 

acreage and basic or optional units for 

the spring type acreage. 

(2) You must separately meet the 

requirements in section 34(a)(4) of the 

Basic Provisions for each enterprise 

unit. 

(3) If you elected separate enterprise 

units for multiple types and we discover 

enterprise unit qualifications are not 

separately met for all types in which 

you elected enterprise unit and such 

discovery is made: 

(i) On or before the acreage reporting 

date, you may elect to insure: 

(A) All types in which you elected an 

enterprise unit for meeting the 

requirements in section 34(a)(4) as 

separate enterprise units, and basic or 

optional units for any acreage that is not 

reported and insured as an enterprise 

unit, whichever you report on your 

acreage report and for which you 

qualify; 

(B) One enterprise unit for all acreage 

of the crop in the county provided you 

meet the requirements in section 

34(a)(4); or 

(C) Basic or optional units for all 

acreage of the crop in the county, 

whichever you report on your acreage 

report and for which you qualify; or 

(ii) At any time after the acreage 

reporting date, your unit structure will 

be one enterprise unit for all acreage of 

the crop in the county provided you 

meet the requirements in section 

34(a)(4). Otherwise, we will assign the 

basic unit structure for all acreage of the 

crop in the county. 

(4) If you elected an enterprise unit 

for only one type and we discover you 

do not qualify for an enterprise unit for 

that type and such discovery is made: 

(i) On or before the acreage reporting 

date, your unit division for all acreage 

of the crop in the county will be based 

on basic or optional units, whichever 

you report on your acreage report and 

for which you qualify; or 

(ii) At any time after the acreage 

reporting date, we will assign the basic 

unit structure for all acreage of the crop 

in the county. 

(b) In addition to, or instead of, 

establishing optional units as provided 

in section 34(c) of the Basic Provisions, 

for wheat only, separate optional units 

may be established for each wheat type 

(designated in actuarial documents and 

including any type insured by written 

agreement) if each optional unit 

contains only initially-planted acreage 

of the type. 

3. Insurance Guarantees, Coverage 

Levels, and Prices for Determining 

Indemnities. 

* * * * * 

(b) * * * 

(2) In counties with both winter and 

spring sales closing dates for the insured 

crop (excluding counties that have a 

spring sales closing date and a winter 

sales closing date only applicable to the 

Winter Coverage Endorsement): 

(i) If you do not have any insurable 

winter-planted acreage of the insured 

crop, you may change your coverage 

level, or your percentage of projected 

price (if you have yield protection), or 

elect revenue protection or yield 

protection, until the spring sales closing 

date; or 

(ii) If you have any insurable winterplanted acreage of the insured crop, you 

may not change your coverage level, or 

your percentage of projected price (if 

you have yield protection), or elect 

revenue protection or yield protection, 

after the winter sales closing date. 

Winter-planted acreage of the insured 

crop must be reported and insured if it 

meets the requirements in section 6. 

* * * * * 

7. Insurance Period. 

* * * * * 

(a) * * * 

(2) For barley, oat, and wheat, the 

following limitations apply: 

* * * * * 

(ii) Whenever the Special Provisions 

designate only a winter type, any 

acreage of winter barley, oats, or wheat 

damaged before such final planting date, 

to the extent that producers in the area 

would normally not further care for the 

crop, must be replanted to a winter type 

of the insured crop unless we agree that 

replanting is not practical. 

(iii) Whenever the Special Provisions 

designate both winter and spring types: 

(A) Any winter barley, oat, or wheat 

acreage that is damaged before the 

spring final planting date, to the extent 

that producers in the area would 

normally not further care for the crop, 

must be replanted to a winter type of the 

insured crop to maintain insurance 

based on the winter type unless we 

agree that replanting is not practical. If 

it is not practical to replant to the winter 

type of barley, oats, or wheat, but is 

practical to replant to a spring type, you 

must replant to a spring type to keep 

your insurance based on the winter type 

in force. 

(B) Any winter barley, oat, or wheat 

acreage that is replanted to a spring type 

of the same crop when it was practical 

to replant the winter type will be 

insured as the spring type and the 

production guarantee, premium, 

projected price, and harvest price 

applicable to the spring type will be 

used. In this case, the acreage will be 

considered to be initially planted to the 

spring type. 

(C) Notwithstanding sections 

7(a)(2)(iii)(A) and (B), if you have 

elected coverage under a barley or 

wheat Winter Coverage Endorsement (if 

available in the county), insurance will 

be in accordance with the endorsement. 

(D) Any winter barley, oat, or wheat 

acreage planted after the end of the late 

planting period will not be insured 

unless you request such coverage on or 

before the spring sales closing date, and 

we inspect and determine that the 


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acreage has an adequate stand in the 

spring to produce the yield used to 

determine your production guarantee. 

However, if we fail to inspect the 

acreage by the spring final planting date, 

insurance will attach as specified in 

section 7(a)(2)(iii)(D)(3). 

(1) Your request for coverage must 

include the location and number of 

acres of winter barley, oats, or wheat. 

(2) The winter barley, oats, or wheat 

will be insured as a spring type for the 

purpose of the production guarantee, 

premium, projected price, and harvest 

price, if applicable. 

(3) Insurance will attach to such 

acreage on the date we determine an 

adequate stand exists or on the spring 

final planting date if we do not 

determine adequacy of the stand by the 

spring final planting date. 

(iv) Whenever the Special Provisions 

designate a spring type, any spring 

barley, oat, or wheat acreage damaged 

before such final planting date, to the 

extent that producers in the area would 

normally not further care for the crop, 

must be replanted to a spring type of the 

insured crop unless we agree that 

replanting is not practical. 

(v) Whenever the Special Provisions 

designate only a spring type, any winter 

barley, oat, or wheat acreage will not be 

insured unless you request such 

coverage on or before the spring sales 

closing date, and we inspect and give 

written confirmation that the acreage 

has an adequate stand in the spring to 

produce the yield used to determine 

your production guarantee. However, if 

we fail to inspect the acreage by the 

spring final planting date, insurance 

will attach as specified in section 

7(a)(2)(v)(C). 

(A) Your request for coverage must 

include the location and number of 

acres of winter barley, oats, or wheat. 

(B) The winter barley, oats, or wheat 

will be insured as a spring type for the 

purpose of the production guarantee, 

premium, projected price, and harvest 

price, if applicable. 

* * * * * 

(D) Any such winter barley, oats, or 

wheat acreage that is damaged after it is 

accepted for insurance but before the 

spring final planting date, to the extent 

that producers in the area would 

normally not further care for the crop, 

must be replanted to a spring type of the 

insured crop unless we agree it is not 

practical to replant. 

(E) If winter-planted acreage is not to 

be insured it must be recorded on the 

acreage report as uninsured winterplanted acreage. 

* * * * * 

9. Replanting Payments. 

* * * * * 

(b) No replanting payment will be 

made for acreage initially planted to a 

winter type of the insured crop 

(including rye) in any county for which 

the Special Provisions contain only a 

winter type. 

* * * * * 

11. Settlement of Claim. 

* * * * * 

(d) * * * 

(1) * * * 

(iii) 14.0 percent for oats; 

(iv) 16.0 percent for rye and 

buckwheat; or 

(v) As otherwise provided in the 

Special Provisions. 

* * * * * 

13. Prevented Planting. 

Your prevented planting coverage will 

be a percentage specified in the 

actuarial documents of your production 

guarantee for timely planted acreage. If 

you have additional coverage and pay 

an additional premium, you may 

increase your prevented planting 

coverage if such additional coverage is 

specified in the actuarial documents. In 

counties for which the Special 

Provisions designate a spring type, your 

prevented planting production 

guarantee will be based on your 

approved yield for spring-planted 

acreage of the insured crop. 

§ 457.118 [Removed and Reserved] 

■ 3. Remove and reserve § 457.118. 

Richard Flournoy, 

Acting Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2021–13113 Filed 6–24–21; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1206 

[Document No. AMS–SC–20–0086] 

Mango Promotion, Research and 

Information Order; Removal of Frozen 

Mangos 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (Department) is adopting, as 

a final rule with minor changes, an 

interim final rule that amends the 

Mango Promotion, Research and 

Information Order (Order) by removing 

the provisions of frozen mangos as a 

covered commodity. The Order is 

administered by the National Mango 

Board (Board) with oversight by the U.S. 

Department of Agriculture (USDA). In a 

referendum, first handlers and 

importers voted to remove frozen 

mangos as a covered commodity under 

the Order. This rule will remove frozen 

mangos as a covered commodity, 

discontinue the collection of 

assessments on frozen mangos, remove 

frozen mango entity representation on 

the Board, and make necessary 

conforming changes. 

DATES: Effective July 26, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Marlene Betts, Marketing Specialist, 

Promotion and Economics Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, Room 

1406–S, Stop 0244, Washington, DC 

20250–0244; telephone: (202) 720–5057; 

or email: Marlene.Betts@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

affecting 7 CFR part 1206 (the Order) is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act) (7 U.S.C. 7411– 

7425). 

Executive Orders 12866 and 13563 

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 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. AMS has assessed the 

impact of this final rule on Indian tribes 

and determined that this rule will not 

have tribal implications that require 

consultation under Executive Order 

13175. AMS hosts a quarterly 

teleconference with tribal leaders where 

matters of mutual interest regarding the 

marketing of agricultural products are 

discussed. Information about the 

changes to the regulations will be 

shared during an upcoming quarterly 

call, and tribal leaders will be informed 

about these revisions to the regulation. 


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