This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

21144

Vol. 65, No. 77

Thursday, April 20, 2000

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563–AB63

Common Crop Insurance Regulations;

Small Grains Crop Insurance

Provisions and Wheat Crop Insurance

Winter Coverage Endorsement

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Proposed rule with request for

comments.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) proposes to amend

the Small Grains Crop Insurance

Provisions and the Wheat Crop

Insurance Winter Coverage

Endorsement. The intended effects of

this action are to add provisions for the

insurance of Kamut and buckwheat,

include additional insurance benefits,

clarify existing policy provisions to

better meet the needs of the insured,

improve actuarial soundness, and

restrict the effect of the current Small

Grains Crop Insurance Provisions and

the Wheat Crop Insurance Winter

Coverage Endorsement to the 2000 and

prior crop years.

DATES: Written comments and opinions

on this proposed rule will be accepted

until close of business June 19, 2000

and will be considered when the rule is

to be made final. Comments on the

information collection requirements

must be received on or before June 19,

2000.

ADDRESSES: Interested persons are

invited to submit written comments to

the Director, Product Development

Division, Federal Crop Insurance

Corporation, United States Department

of Agriculture, 9435 Holmes Road,

Kansas City, MO 64131. Comments may

also be sent via the Internet to

DirectorPDD@rm.fcic.usda.gov. A copy

of each response will be available for

public inspection and copying from 7

a.m. to 4:30 p.m., CDT, Monday through

Friday, except holidays, at the above

address.

FOR FURTHER INFORMATION CONTACT: For

further information and a copy of the

Cost-Benefit Analysis to the Common

Crop Insurance Regulations; Small

Grains Crop Insurance Provisions,

contact Rob Coultis, Insurance

Management Specialist, Research and

Development, Product Development

Division, Federal Crop Insurance

Corporation, at the Kansas City, MO

address listed above, telephone (816)

926–7730.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant for the purposes of Executive

Order 12866 and, therefore, it has been

reviewed by the Office of Management

and Budget (OMB).

Cost-Benefit Analysis

A Cost-Benefit Analysis has been

completed and is available to interested

persons at the Kansas City address listed

above. In summary, the analysis finds

the effect of proposed changes on crop

insurance payments is expected to be

small. The greatest impacts are expected

from: (1) Providing benefits when

damaged winter wheat is planted to a

spring crop other than wheat; (2)

increasing the amount of replant

payments for wheat and providing

replant payments for crops that have not

had them in the past; and (3) changes to

the Wheat Winter Coverage

Endorsement.

Paperwork Reduction Act of 1995

In accordance with section 3507(j) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501), the information

collection and record keeping

requirements included in the proposed

rule have been submitted for approval to

the Office of Management and Budget

(OMB). Please send your written

comments to the Office of Information

and Regulatory Affairs, OMB, Attention:

Desk Officer for RMA, Washington, D.C.

20503. A comment to OMB is best

assured of having its full effect if OMB

receives it within 30 days of publication

of this proposed rule.

We are soliciting comments from the

public concerning our proposed

information collection and record

keeping requirements. We need this

outside input to help us:

(1) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information has practical

utility;

(2) Evaluate the accuracy of our

estimate of the burden of the proposed

collection of information, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

collection of information on those who

are to respond (such as through the use

of appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g. permitting

electronic submission responses.)

The collections of information for this

rule revise the Multiple Peril Crop

Insurance Collections of Information

0563–0053 which expire April 30, 2001.

Title: Multiple Peril Crop Insurance

(Small Grains).

Abstract: This rule improves the

existing Small Grains Crop Provisions

and the Wheat Crop Insurance Winter

Coverage Endorsement. The Small

Grains Crop Provisions are revised to:

(1) Allow insurance for Kamut (a variety

of wheat) and buckwheat; (2) allow

acreage initially planted to durum

wheat or club wheat to qualify as a

separate insurance unit; (3) specify that

only one price election is applicable for

each crop unless the Special Provisions

provide different price elections by crop

type, and that price elections and

coverage levels can be changed until the

spring sales closing date if the producer

does not have any fall planted acreage

of the insured crop; (4) change the

December 31 contract change date for

spring crops to November 30; (5) change

all April 15 cancellation and

termination dates to March 15; (6)

change the cancellation and termination

dates for specific counties; (7) add

cancellation and termination dates for

buckwheat; (8) clarify when the

premium will be reduced for insured

acreage that is intentionally destroyed

prior to harvest; (9) specify that a

malting barley endorsement is available

where the actuarial table provides

premium rates for such coverage; (10)

clarify that the insured must replant fall

planted barley or wheat that is damaged

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules 21145

prior to the spring final planting date

with a winter type of the crop if

practical, or to spring type if it is not

practical to replant a winter type; (11)

specify that for wheat only, in counties

that have insurance for both spring and

winter wheat, producers may put

damaged winter wheat acreage to

another use and receive a payment; (12)

clarify that producers may request

insurance for fall planted barley or

wheat provided they do so by the spring

sales closing date in counties having

only a spring final planting date; (13)

change the calendar date for the end of

the insurance period for all small grains

from October 31 to July 31 in specified

states; (14) allow replanting payments

for barley, oats, flax and buckwheat; (15)

allow a replanting payment when the

amount of seed used is less than the

amount normally used for initial

seeding; (16) Specify that the replant

payment will be calculated in

accordance with the formula in the

policy regardless of the actual cost of

replanting; (17) change from 3 to 4 the

number of bushels used to compute the

maximum amount of a replanting

payment for wheat, and specify the

number of bushels used to compute

payments for barley, oats, flax and

buckwheat; (18) specify that replanting

payments will be calculated based on

the price election for the crop type that

is replanted and insured; (19) allow an

insurance benefit for damaged winter

wheat when a producer elects not to

replant spring wheat and destroys any

remaining winter wheat on the acreage;

(20) modify calculations of indemnities

to allow for situations in which there

are separate crop types and more than

one price election within a unit; (21)

allow production to be adjusted for low

quality when certain crops grade

‘‘blighted,’’ ‘‘thin,’’ ‘‘light smutty,’’ or

‘‘light garlicky;’’ (22) allow a late

planting period for fall planted wheat

except for that covered under the Wheat

Winter Coverage Endorsement.

The Wheat Crop Insurance Winter

Coverage Endorsement is revised to: (1)

Clarify that the endorsement is available

only if the actuarial table provides a

premium rate for it; (2) specify that all

eligible winter wheat acreage must be

insured under the endorsement; (3)

increase the coverage amount from 30 to

50 percent of the production guarantee

under Option A; (4) clarify that if the

insured elects to destroy the crop and

plant the acreage to spring wheat, it will

be insured under the policy provisions

covering spring planted wheat; and (5)

change the amount of coverage provided

from 100 to 70 percent of the production

guarantee under Option B.

Purpose: The purpose of this

proposed rule is to add provisions for

the insurance of buckwheat, include

additional insurance benefits, clarify

existing policy provisions to better meet

the needs of the insured and the

insurance company, and to improve

actuarial soundness.

Burden statement: The information

that FCIC collects on the specified forms

will be used in offering crop insurance

coverage, determining program

eligibility, establishing a production

guarantee, calculating losses qualifying

for a payment, etc. The burden hours

have increased because FCIC assumes

more producers will obtain crop

insurance coverage for their small

grains. It is likely more producers will

desire the increased coverage to help

protect their investments against risk.

Estimate of Burden: We estimate that

it will take insured producers, a loss

adjuster, and an insurance agent an

average of .8 of an hour to provide the

information required by the Small

Grains Crop Provisions including the

wheat endorsement.

Respondents: Insureds, insurance

agents, and loss adjusters.

Estimated annual number of

respondents: 422,277.

Estimated annual number of

responses per respondent: 2.5.

Estimated annual number of

responses: 1,064,735.

Estimated total annual burden on

respondents: The total public burden for

this proposed rule is estimated at

347,691 hours.

Record keeping requirements: FCIC

requires records of production to be

kept for three years after the end of a

crop year. However, these records are

retained as part of the normal business

practice and FCIC’s requirement does

not place additional burden on insured

producers. Therefore, FCIC is not

estimating burden related to this record

keeping requirement.

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) establishes

requirements for Federal agencies to

assess the effects of their regulatory

actions on State, local, and tribal

governments and the private sector.

This rule contains no Federal mandates

(under the regulatory provisions of title

II of the UMRA) for State, local, and

tribal governments or the private sector.

Therefore, this rule is not subject to the

requirements of sections 202 and 205 of

UMRA.

Executive Order 13132

It has been determined under section

1(a) of Executive Order 13132,

Federalism, that this rule does not have

sufficient implications to warrant

consultation with the States. The

provisions contained in this rule will

not have a substantial direct effect on

States, or on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government.

Regulatory Flexibility Act

This regulation will not have a

significant impact on a substantial

number of small entities. New

provisions included in this rule will not

impact small entities to a greater extent

than large entities. The amount of work

required of the insurance companies

delivering and servicing these policies

will not increase significantly from the

amount of work currently required.

Therefore, this action is determined to

be exempt from the provisions of the

Regulatory Flexibility Act (5 U.S.C.

605), and no Regulatory Flexibility

Analysis was prepared.

Federal Assistance Program

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which require intergovernmental

consultation with State and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115, June 24, 1983.

Executive Order 12988

This rule has been reviewed in

accordance with Executive Order 12988

on civil justice reform. The provisions

of this rule will not have a retroactive

effect. The provisions of this rule will

preempt State and local laws to the

extent such State and local laws are

inconsistent herewith. The

administrative appeal provisions

published at 7 CFR part 11 must be

exhausted before any action against

FCIC for judicial review may be brought.

Environmental Evaluation

This action is not expected to have a

significant impact on the quality of the

human environment, health, and safety.

Therefore, neither an Environmental

Assessment nor an Environmental

Impact Statement is needed.

21146 Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules

Background

FCIC proposes to amend the Common

Crop Insurance Regulations (7 CFR part

457) by revising 7 CFR 457.101, ‘‘Small

grains crop insurance’’ and 7 CFR

457.102, ‘‘Wheat crop insurance winter

coverage endorsement’’ effective for the

2001 and succeeding crop years. The

principal changes to the provisions for

insuring small grains and providing

winter coverage for wheat in certain

counties are as follows:

7 CFR 457.101—Small Grains Crop

Insurance

1. Section 1—Revise the definition of

‘‘small grains’’ to allow insurance for

Kamut and buckwheat in response to

industry request. Scientific names for

specific small grain varieties that are

insurable have also been added.

Inclusion of these scientific names will

help differentiate between small grain

varieties that are insurable and those

that are not. Also revise the definition

of ‘‘prevented planting’’ to disallow a

prevented planting benefit when small

grains are prevented from being planted

during the fall late planting period in

counties that also have a spring final

planting date. If the insured can plant

spring wheat when he is not able to

plant winter wheat, the insured is not

prevented from planting wheat.

2. Section 2—Specify that initially

planted durum or club wheat may

qualify as a separate optional unit if the

Special Provisions for the county

designate durum or club wheat as a

wheat type. Current provisions do not

allow separate optional units for durum

or club wheat. This change affords

wheat producers additional flexibility in

determining insurance coverage.

3. Section 3—Specify that the insured

may select only one price election for

each crop unless the Special Provisions

provide different price elections by crop

type, in which case the insured may

select one price election for each crop

type designated in the Special

Provisions. The price election the

insured selects for each crop type must

have the same relationship to the

maximum price offered. This simplifies

administration of the program. Also, for

counties with both fall and spring sales

closing dates for the insured crop, this

change allows the producer to change

the coverage level or price election until

the spring sales closing date only if the

producer does not have any fall planted

acreage of the insured crop.

4. Section 4—Change the December

31 contract change date for spring crops

to November 30 to maintain an adequate

amount of time between this date and

new cancellation dates to permit the

insured to make informed insurance

decisions. This change is consistent

with other spring crop policies.

5. Section 5—Change all April 15

cancellation and termination dates to

March 15 to correspond to the change in

the sales closing dates to comply with

the requirement of the Federal Crop

Insurance Reform Act of 1994 that

spring planted crop sales closing dates

be made 30 days earlier.

Change the cancellation and

termination dates for Matanuska-Susitna

County, Alaska from October 31 and

November 30, respectively, to March 15

for wheat. Winter wheat is not adapted

to the area.

Change the cancellation and

termination dates from the spring (April

15) to the fall in certain counties to

allow coverage for winter wheat. The

cancellation date will be September 30

and the termination date will be

November 30 in the following counties:

Aurora, Bon Homme, Davidson,

Douglas, Hanson, Harding, Hutchinson,

Jerauld, Perkins, and Sanborn Counties,

South Dakota; Roosevelt and Valley

Counties, Montana; and Buffalo,

Trempealeau, Jackson, Wood, Portage,

Waupaca, Outagamie, Brown, and

Kewaunee Counties, Wisconsin, and all

Wisconsin counties north thereof.

Change the cancellation and

termination dates for barley from April

15 to October 31 (for cancellation) and

November 30 (for termination), in

Humboldt and Pershing Counties,

Nevada, and in Box Elder, Millard and

Utah Counties, Utah. This change

allows the establishment of winter

barley coverage in these counties.

Add cancellation and termination

date of March 15 for buckwheat in all

states.

6. Section 6(b)(2)—Clarify the

circumstances in which the premium

will be reduced for insured acreage that

is intentionally destroyed prior to

harvest.

7. Section 6(d)—Provide that a

malting barley endorsement is available

where the actuarial table provides

premium rates for such coverage.

8. Section 7(a)(1)—Revise so that

insurance period provisions applicable

to oats, rye and flax are also applicable

to buckwheat. Buckwheat will be

insurable under these crop provisions,

so the insurance period provisions in

this section will be amended

accordingly.

9. Section 7(a)(2)(iii)—Specify that the

insured must replant any fall planted

barley or wheat that is damaged prior to

the spring final planting date with a

winter type of the crop if practical, or

to spring type if it is not practical to

replant a winter type. Previous

provisions were not clear regarding the

requirement to replant to spring wheat

when it was impractical to replant a

winter type. Also provide provisions for

wheat only that will allow producers to

put damaged winter wheat acreage to

another use and receive a payment in

accordance with new provisions in

section 9(e). This benefit would be

available only in counties with both fall

and spring final planting dates. Under

current provisions, if a producer elects

not to replant wheat, no coverage is

provided and no premium is charged

(acreage is removed from the acreage

report).

10. Section 7(a)(2)(v)—Clarify that in

counties having only a spring final

planting date, producers may request

insurance for fall planted barley or

wheat provided they do so by the spring

sales closing date. Insurance will attach

to such acreage on the date the insurer

determines an adequate stand exists or

on the spring final planting date if the

insurer does not determine adequacy of

the stand by the spring final planting

date. Also clarify that after insurance

begins, any such insured acreage

damaged prior to the spring final

planting date must be replanted if it is

practical to do so.

11. Section 7(b)(4)—Change the

calendar date for the end of the

insurance period for all small grains

from October 31 to July 31 in Alabama,

Arizona, Arkansas, Connecticut,

Delaware, Florida, Georgia, Kentucky,

Louisiana, Maryland, Mississippi, New

Jersey, North Carolina, South Carolina

and Tennessee. Harvest of small grains

in these states generally begins in June

and ends about the middle of July.

12. Section 9—Revise to allow

replanting payments for all small grains.

Previous provisions allowed a

replanting payment for wheat only. Also

remove the requirement that replanting

occur not later than 25 days after the

spring final planting date. This

provision is unnecessary because the

provisions regarding the time for

replanting are contained in the

definitions of ‘‘practical to replant’’ and

‘‘late planting period.’’

13. Section 9(a)(1)—Revise to make

inapplicable the Basic Provisions’ limit

of the amount of a replant payment to

the producer’s actual cost.

Administrative burden associated with

obtaining receipts to prove cost will be

eliminated with little effect on payment

amounts. Insurance providers have

reported that only in rare instances is

the actual cost of replanting less than

the maximum payment amount allowed

by the crop provisions.

14. Section 9(a)(5)—Specify which

fall final planting date is to be

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules 21147

considered when there is more than one

fall final planting date for a county.

Currently damage has to occur after the

fall final planting date to be eligible for

a replanting payment.

15. Section 9(a)(6)—Revise to allow a

replanting payment when the amount of

seed used is less than the amount

normally used for initial seeding. The

seeding rate must be sufficient to

achieve a total undamaged and new

seeding plant population that will

produce at least the yield used to

determine the production guarantee.

Allowing this payment under such

circumstances will provide a greater

incentive to improve poor crop stands,

thereby improving production levels

and reducing claims.

16. Section 9(c)—Change from three

to four the number of bushels used to

compute the amount of a replanting

payment for wheat. Two bushels is used

for flax and buckwheat, and five bushels

is used for barley and oats. Average

costs associated with replanting have

increased substantially in recent years.

These changes in the replanting

payment computation better reflect

actual replanting costs. Current

provisions prevent the payment from

being based on a production amount

exceeding 20% of the production

guarantee. This will protect against

overpayments in areas where replanting

costs may be lower.

17. Section 9(e)—Specify that

replanting payments generally will be

calculated based on the price election

for the crop type that is replanted and

insured. However, the replanting

payment will be based on the price

election of the type initially planted for

any (1) damaged winter crop type that

is replanted to a spring crop type, but

retains insurance based on the winter

crop type guarantee and price election;

or (2) acreage replanted at a reduced

seeding rate into a partially damaged

stand of the insured crop.

18. Section 9(f)—Allow an insurance

benefit for damaged winter wheat when

a producer elects not to replant spring

wheat and destroys any remaining

winter wheat on the acreage. The

proposed benefit is equal to 15 percent

of the production guarantee for the

acreage. Under current provisions, if a

producer elects not to replant wheat, no

coverage is provided and no premium is

earned (acreage is removed from the

acreage report). Additional levels of

winter protection will remain available

under the wheat crop insurance winter

coverage endorsement.

19. Section 11(b)—Revise calculations

of indemnities when there are separate

crop types and more than one price

election within a unit. This change is

necessary because separate price

elections have been established for some

wheat types.

20. Section 11(c)(1)(iv)—Revise for

consistency with provisions used for

most other crops and to specify that in

the event of a disagreement about the

quantity of appraised production, the

insurance provider has the option to

consent to put the acreage to another

use. Currently the insurance provider’s

consent is mandatory if the insured

agrees to leave intact and care for

representative samples.

21. Section 11(d)—Provide that any

adjustment for excess moisture will be

made before any adjustment for quality

deficiencies to be consistent with other

crop policies which permit both

moisture and quality adjustments.

Provide that buckwheat may be adjusted

for excess moisture and quality

deficiencies.

22. Section 11(d)(1)(iv)—Add

buckwheat to the crops that are adjusted

for moisture content above 16 percent.

23. Sections 11(d)(2)(i)(A) through

(E)—Add musty, sour, or commercially

objectionable foreign odors as factors

that may qualify small grains for quality

adjustment. These conditions reduce the

value of production and can occur due

to insured causes. Add ‘‘blighted’’ as a

grade that qualifies barley for quality

adjustment. This grade identifies

production that has been damaged by

certain levels of fungus or mold, both of

which reduce the value of production

and can occur due to insured causes.

Add ‘‘thin’’ as a grade that qualifies oats

for quality adjustment. This grade

identifies production with a certain

percentage of small kernels. These small

kernels reduce the value of production

and can occur due to insured causes

such as drought. Add test weight as a

factor that may qualify flaxseed for

quality adjustment. Low test weight

reduces the value of production and can

occur due to insured causes. Add ‘‘light

smutty’’ and ‘‘light garlicky’’ as grades

that qualify rye for quality adjustment.

These grades identify production with

certain levels of smut balls or spores, or

garlic bulblets, both of which reduce the

value of production and can occur due

to insured causes. Also clarify for

wheat, barley, oats and rye, heat

damaged kernels will not be considered

to be damaged.

24. Section 11(d)(2)(ii)—Specify the

factors that may qualify buckwheat for

quality adjustment.

25. Section 11(d)(2)(iii)—Specify the

factors that may qualify Kamut for

quality adjustment.

26. Section 11(d)(3)—Remove the

requirement that the value of damaged

production be less than the local market

price of U.S. No. 2 production. The

quality factors will be specified for

certain quality deficiency levels, so the

requirement is no longer necessary.

27. Section 11(d)(4)—Requires use of

discount factors for quality adjustment

if provided in the Special Provisions.

The use of such factors assures

consistent adjustment for insureds with

quality related losses. Quality

adjustment factors contained in the

Special Provisions are currently being

used; however, the crop provisions do

not specifically refer to them.

28. Section 12—Revise to allow a late

planting period for all small grains,

except for wheat which is covered

under the wheat crop insurance winter

coverage endorsement. Current

provisions do not provide coverage for

late planted winter wheat unless the

acreage is prevented from being planted.

7 CFR 457.102—Wheat Crop Insurance

Winter Coverage Endorsement

1. Section (b)—Clarify that the

endorsement is available only if the

actuarial table provides a premium rate

for it.

2. Section (c)(5)—Clarify that all

eligible winter wheat acreage must be

insured under the endorsement.

Allowing a choice of the acres to be

insured could result in adverse selection

as producers could choose to insure

only acreage more prone to winter

damage. Current provisions do not

specify this requirement.

3. Option A—Increase the coverage

amount from 30 to 50 percent of the

production guarantee. Comments

regarding the previous 30 percent

coverage level have indicated that it is

inadequate and very few Option A

policies have been sold. Premium rates

will be increased to reflect the

additional payment.

4. Option A, section (a)—Clarify that

if the insured elects to destroy the crop

and plant the acreage to spring wheat,

it will be insured under the provisions

covering spring planted wheat. Current

provisions give insureds the option of

insuring such acreage. This change is

intended to maintain consistency in

insurance requirements for spring wheat

planted to replace damaged winter

wheat and reduce reporting

requirements associated with a decision

to insure.

5. Option B—Change the amount of

coverage provided from 100 to 70

percent of the production guarantee.

This change is made based on the

potential production and income from

various spring crops, including spring

wheat, and the potential income from

coverage provided by Option B.

21148 Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules

Premium rates will be reduced

accordingly.

6. Option B, section (c)—Clarify that

if the insured elects to destroy the crop

and plant the acreage to spring wheat,

it will be insured under the provisions

covering spring planted wheat. Current

provisions give insureds the option of

insuring such acreage. This change is

intended to maintain consistency in

insurance requirements for spring wheat

planted to replace damaged winter

wheat and reduce reporting

requirements associated with a decision

to insure.

List of Subjects in 7 CFR Part 457

Barley, Crop insurance, Flax, Oats,

Rye, Wheat.

Proposed Rule

Accordingly, as set forth in the

preamble, the Federal Crop Insurance

Corporation proposes to amend 7 CFR

part 457 to read 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) and 1506(p).

2. Amend the crop insurance

endorsement in § 457.101 as follows:

a. Amend section 1 of the crop

provisions by adding a definition for

‘‘Kamut’’ and revising the definitions of

‘‘prevented planting’’ and ‘‘small

grains;’’

b. Revise section 2;

c. Revise section 3;

d. Revise section 4;

e. Revise section 5;

f. Revise section 6(b)(2) and add

section 6(d);

g. Revise sections 7(a)(1) introductory

text, 7(a)(2)(iii), 7(a)(2)(v) and 7(b)(4);

h. Revise section 9;

i. Revise sections 11(b), 11(c)(1)(iv)

and 11(d); and

j. Revise section 12, all to read as

follows:

§ 457.101 Small grains crop insurance.

* * * * *

1. Definitions.

* * * * *

Kamut. A variety of wheat (Triticum

polonicum) that is commonly called

‘‘Kamut.’’ Kamut is considered to be spring

wheat for the purposes of this policy.

* * * * *

Prevented planting. In lieu of the definition

contained in the Basic Provisions, failure to

plant the insured crop with proper

equipment by the latest final planting date

designated in the Special Provisions for the

insured crop in the county. You may also be

eligible for a prevented planting payment if

you failed to plant the insured crop with the

proper equipment within the applicable late

planting period following the latest final

planting date. You must have been prevented

from planting the insured crop due to an

insured cause of loss that is general in the

surrounding area and that prevents other

producers from planting acreage with similar

characteristics.

* * * * *

Small grains. Wheat, including only

common wheat (Triticum aestivum), club

wheat (T. compactum), durum wheat (T.

durum) and Kamut (T. polonicum); barley

(Hordeum vulgare), excluding hull-less and

black barley; oats (Avena sativa and A.

byzantina); rye (Secale Cereale); flax (Linum

usitatissimum); and buckwheat (Fagopyrum

esculentum).

* * * * *

2. Unit Division

In addition to the requirements of section

34(b) of the Basic Provisions, for wheat only,

in addition to, or instead of, establishing

optional units by section, section equivalent

or FSA farm serial number and by irrigated

and non-irrigated practices, optional units

may be established if each optional unit

contains only initially planted winter wheat,

only initially planted spring wheat, only

initially planted club wheat or only initially

planted durum wheat. Separate optional

units for initially planted winter wheat and

initially planted spring wheat may be

established only in counties having both

winter and spring type final planting dates as

designated in the Special Provisions. A

separate optional unit for club wheat may be

established only in counties for which the

Special Provisions designate club wheat as a

wheat type. A separate optional unit for

durum wheat may be established only in

counties for which the Special Provisions

designate durum wheat as a wheat type.

3. Insurance Guarantees, Coverage Levels,

and Prices for Determining Indemnities

(a) In addition to the requirements of

section 3 of the Basic Provisions, you may

select only one price election for each crop

in the county insured under this policy

unless the Special Provisions provide

different price elections by type, in which

case you may select one price election for

each crop type designated in the Special

Provisions. The price elections you choose

for each type must have the same percentage

relationship to the maximum price offered by

us for each type. For example, if you choose

100 percent of the maximum price election

for one type, you must also choose 100

percent of the maximum price election for all

other types.

(b) In addition to the requirements of

section three of the Basic Provisions, in

counties with both fall and spring sales

closing dates for the insured crop, you may

change your coverage level or price election

until the spring sales closing date only if you

do not have any fall planted acreage of the

insured crop.

4. Contract Changes

In accordance with section 4 of the Basic

Provisions, the contract change date is

November 30 preceding the cancellation date

for counties with a March 15 cancellation

date and June 30 preceding the cancellation

date for all other counties.

5. Cancellation and Termination Dates

The cancellation and termination dates are:

Crop, state and county Cancellation date Termination

date

Wheat:

All Colorado counties except Alamosa, Archuleta, Conejos, Costilla, Custer, Delta, Dolores, Eagle, Garfield, Grand, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Rio Grande,

Routt, Saguache, and San Miguel; all Iowa counties except Plymouth, Cherokee, Buena Vista, Pocahontas, Humbolt, Wright, Franklin, Butler, Black Hawk, Buchanan, Delaware, Dubuque and all Iowa

counties north thereof; all Wisconsin counties except Buffalo, Trempealeau, Jackson, Wood, Portage,

Waupaca, Outagamie, Brown, Kewaunee and all Wisconsin counties north thereof; all other states

except Alaska, Arizona, California, Connecticut, Idaho, Maine, Massachusetts, Minnesota, Montana,

Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, South Dakota, Utah,

Vermont, Washington, and Wyoming.

September 30 .......... September 30.

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules 21149

Crop, state and county Cancellation date Termination

date

Archuleta, Custer, Delta, Dolores, Eagle, Garfield, Grand, La Plata, Mesa, Moffat, Montezuma,

Montrose, Ouray, Pitkin, Rio Blanco, Routt and San Miguel Counties, Colorado; Connecticut; Idaho;

Plymouth, Cherokee, Buena Vista, Pocahontas, Humbolt, Wright, Franklin, Butler, Black Hawk, Buchanan, Delaware and Dubuque Counties Iowa, and all Iowa counties north thereof; Massachusetts;

all Montana counties except Daniels and Sheridan; New York; Oregon; Rhode Island; all South Dakota counties except Corson, Walworth, Edmunds, Faulk, Spink, Beadle, Kingsbury, Miner, McCook,

Turner, Yankton and all South Dakota counties north and east thereof; Washington; Buffalo,

Trempealeau, Jackson, Wood, Portage, Waupaca, Outagamie, Brown and Kewaunee Counties Wisconsin, and all Wisconsin counties north thereof; all Wyoming counties except Big Horn, Fremont, Hot

Springs, Park, and Washakie.

September 30 .......... November 30.

Arizona; California; Nevada; and Utah ......................................................................................................... October 31 ............... November 30.

Alaska; Alamosa, Conejos, Costilla, Rio Grande and Saguache Counties, Colorado; Maine; Minnesota;

Daniels and Sheridan Counties, Montana; New Hampshire; North Dakota; Corson, Walworth,

Edmunds, Faulk, Spink, Beadle, Kingsbury, Miner, McCook, Turner, and Yankton Counties, South

Dakota, and all South Dakota counties north and east thereof; Vermont; and Big Horn, Fremont, Hot

Springs, Park, and Washakie Counties, Wyoming.

March 15 ................. March 15.

Barley:

All New Mexico counties except Taos; Texas, Oklahoma, Missouri, Illinois, Indiana, Ohio, Pennsylvania,

New Jersey and all states south and east thereof.

September 30 .......... September 30.

Kit Carson, Lincoln, Elbert, El Paso, Pueblo and Las Animas Counties, Colorado and all Colorado counties south and east thereof; Connecticut; Kansas; Massachusetts; New York; and Rhode Island.September 30 .......... November 30.

Arizona; California; Clark, Humboldt, Nye and Pershing Counties, Nevada; and Box Elder, Millard and

Utah Counties, Utah.

October 31 ............... November 30.

All Colorado counties except Kit Carson, Lincoln, Elbert, El Paso, Pueblo and Las Animas, and all Colorado counties south and east thereof; all Nevada counties except Clark, Humboldt, Pershing and Nye;

Taos County, New Mexico; all Utah counties except Box Elder, Millard and Utah; and all other states

except Arizona, California, and (except) Texas, Oklahoma, Missouri, Illinois, Indiana, Ohio, Pennsylvania, New Jersey and all states south and east thereof.

March 15 ................. March 15.

Oats:

Alabama; Arkansas; Florida; Georgia; Louisiana; Mississippi; All New Mexico counties except Taos

County; North Carolina; Oklahoma; South Carolina; Tennessee; Texas; and Patrick, Franklin,

Pittsylvania, Campbell, Appomattox, Fluvanna, Buckingham, Louisa, Spotsylvania, Caroline, Essex,

and Westmoreland Counties, Virginia, and all Virginia counties east thereof.

September 30 .......... September 30.

Arizona; All California counties except Del Norte, Humboldt, Lassen, Modoc, Plumas, Shasta, Siskiyou

and Trinity.

October 31 ............... October 31.

Del Norte, Humbolt, Lassen, Modoc, Plumas, Shasta, Siskiyou, and Trinity Counties, California; Taos

County, New Mexico; all Virginia counties except Patrick, Franklin, Pittsylvania, Campbell, Attomattox,

Fluvanna, Buckingham, Louisa, Spotsylvania, Caroline, Essex, and Westmoreland, and all Virginia

counties east thereof; and all other states except Alabama, Arizona, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas.

March 15 ................. March 15.

Rye:

All states ........................................................................................................................................................ September 30 .......... September 30.

Flax:

All states ........................................................................................................................................................ March 15 ................. March 15.

Buckwheat:

All states ........................................................................................................................................................ March 15 ................. March 15.

6. Insured Crop

* * * * *

(b) * * *

(2) May report all planted acreage as

insurable when you report your acreage for

the crop year. Premium will be due on all the

acreage except as set out herein. If the

Special Provisions allow a reduced premium

amount for acreage intentionally destroyed

prior to harvest, you may qualify for such

reduction only if you notify us in writing on

or before the date designated in the Special

Provisions of the intended destruction, and

do not claim an indemnity on the acreage. No

premium reduction will be allowed if the

required notice is not given or if you claim

an indemnity for the acreage. Upon receiving

timely notice, insurance coverage on the

acreage you do not intend to harvest will

cease and we will revise your acreage report

to indicate the applicable reduction in

premium. If you do not destroy the crop as

intended, you will be subject to the underreporting provisions contained in section 6 of

the Basic Provisions.

* * * * *

(d) In counties for which the actuarial table

provides premium rates for malting barley

coverage, an endorsement is available (7 CFR

457.118) that provides additional insurance

protection for malting barley. This

endorsement provides coverage options for

producers who grow malting barley under

contract and those who do not have a

contract. Coverage under the endorsement is

effective only if you qualify under the terms

of the option selected and you execute the

endorsement by the sales closing date.

7. Insurance Period

* * * * *

(a) * * *

(1) For oats, rye, flax and buckwheat, the

following limitations apply:

* * * * *

(2) * * *

(iii) Whenever the Special Provisions

designate both fall and spring final planting

dates, any winter barley or wheat that is

damaged before the spring final planting

date, to the extent that growers 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. If it is not practical to replant

to winter barley, but is practical to plant

spring barley, you must replant spring barley

to keep your barley insurance in force. If it

is not practical to replant to winter wheat but

is practical to plant spring wheat, you must

replant spring wheat to keep your wheat

insurance in force. Any winter barley or

wheat acreage that is replanted to a spring

type of the same crop will be insured as the

winter type and will maintain the guarantee,

premium and price election applicable to the

winter type. You may also elect to destroy

any remaining wheat on the acreage and, if

eligible, receive a payment in accordance

with the provisions in section 9(e). If you

21150 Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules

have elected coverage under a wheat winter

coverage option (if available in the county),

insurance will be in accordance with the

option.

* * * * *

(v) Whenever the Special Provisions

designate only a spring final planting date,

any acreage of fall planted barley or wheat is

not insured unless you request such coverage

on or before the spring sales closing date, and

we agree in writing that the acreage has an

adequate stand in the spring to produce the

yield used to determine your production

guarantee. 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. Any acreage of such fall

planted barley or wheat that is damaged after

it is accepted for insurance but before the

spring final planting date, to the extent that

growers 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. If fall

planted acreage is not to be insured it must

be recorded on the acreage report as

uninsured fall planted acreage.

(b) * * *

(4) The following applicable date of the

calendar year in which the crop is normally

harvested:

(i) September 25 following planting in

Alaska;

(ii) July 31 in Alabama, Arizona, Arkansas,

Connecticut, Delaware, Florida, Georgia,

Kentucky, Louisiana, Maryland, Mississippi,

New Jersey, North Carolina, South Carolina

and Tennessee; or

(iii) October 31 in all other states; or

* * * * *

9. Replanting Payments

(a) A replanting payment for small grains,

is allowed as follows:

(1) In lieu of provisions in section 13 of the

Basic Provisions that limit the amount of a

replant payment to the actual cost of

replanting, the amount of any replanting

payment will be determined in accordance

with these crop provisions.

(2) You must comply with all requirements

regarding replanting payments contained in

section 13 of the Basic Provisions (except as

allowed in section 9(a)(1)) and in any winter

coverage endorsement for which you are

eligible and which you have elected;

(3) The insured crop must be damaged by

an insurable cause of loss to the extent that

the remaining stand will not produce at least

90 percent of the production guarantee for

the acreage;

(4) The acreage must have been initially

planted to a spring type of the insured crop

in those counties with only a spring final

planting date;

(5) The damage must occur after the fall

final planting date in those counties where

both a fall and spring final planting date are

designated. (If the Special Provisions provide

more than one fall final planting date, the fall

final planting date applicable to policies with

the Wheat Winter Coverage Endorsement will

be used for this purpose, regardless of

whether or not the endorsement is actually

in effect.); and

(6) The replanted crop must be seeded at

a rate sufficient to achieve a total

(undamaged and new seeding) plant

population that will produce at least the

yield used to determine your production

guarantee.

(b) No replanting payment will be made for

acreage initially planted to a winter type of

the insured crop (includes rye) in any county

for which the Special Provisions contain only

a fall final planting date (includes final

planting dates in December, January and

February).

(c) The maximum amount of the replanting

payment per acre will be the lesser of 20.0

percent of the production guarantee or the

number of bushels for the applicable crop

specified below, multiplied by your price

election and your share:

(1) 2 bushels for flax or buckwheat;

(2) 4 bushels for wheat; or

(3) 5 bushels for barley or oats.

(d) When a crop is replanted using a

practice that is uninsurable for an original

planting, the liability on the unit will be

reduced by the amount of the replanting

payment. The premium amount will not be

reduced.

(e) Replanting payments will be calculated

using the price election for the crop type that

is replanted and insured. For example, if

damaged spring wheat is replanted to Durum

wheat, the price election applicable to

Durum wheat will be used to calculate any

replanting payment that may be due. A

revised acreage report will be required to

reflect the replanted type. Notwithstanding

the previous two sentences, the following

will have a replanting payment based on the

guarantee and price election for the crop type

initially planted:

(1) Any damaged winter crop type that is

replanted to a spring crop type, but that

retains insurance based on the winter crop

type guarantee and price election; and

(2) Any acreage replanted at a reduced

seeding rate into a partially damaged stand

of the insured crop.

(f) When any acreage of winter wheat is

eligible for a replanting payment in

accordance with these crop provisions and

the Basic Provisions, but you elect not to

replant wheat, you may destroy any

remaining wheat on the acreage and utilize

it for any purpose other than the production

of wheat. By doing so, you agree to accept an

amount of production to count against the

unit production guarantee equal to 85

percent of the production guarantee for the

damaged acreage, or an appraisal determined

in accordance with the provisions in section

11 if such an appraisal results in a greater

amount of production. This amount will be

considered production to count in

determining any final indemnity on the unit

and will be used to settle your claim as

described in section 11.

* * * * *

11. Settlement of Claim

* * * * *

(b) In the event of loss or damage covered

by this policy, we will settle your claim by:

(1) Multiplying the insured acreage by its

respective production guarantee;

(2) Multiplying each result in section

11(b)(1) by the respective price election;

(3) Totaling the results of section 11(b)(2);

(4) Multiplying the total production to be

counted of each type, if applicable, (see

sections 11(c), (d), and (e)) by the respective

price election;

(5) Totaling the results of section 11(b)(4);

(6) Subtracting the result of section 11(b)(5)

from the result in section 11(b)(3); and

(7) Multiplying the result of section

11(b)(6) by your share.

(c) * * *

(1) * * *

(iv) Potential production on insured

acreage that you intend to put to another use

or abandon, if you and we agree on the

appraised amount of production. Upon such

agreement, the insurance period for that

acreage will end when you put the acreage

to another use or abandon the crop. If

agreement on the appraised amount of

production is not reached:

(A) If you do not elect to continue to care

for the crop, we may give you consent to put

the acreage to another use if you agree to

leave intact, and provide sufficient care for,

representative samples of the crop in

locations acceptable to us (The amount of

production to count for such acreage will be

based on the harvested production or

appraisals from the samples at the time

harvest should have occurred. If you do not

leave the required samples intact, or you fail

to provide sufficient care for the samples, our

appraisal made prior to giving you consent to

put the acreage to another use will be used

to determine the amount of production to

count); or

(B) If you elect to continue to care for the

crop, the amount of production to count for

the acreage will be the harvested production,

or our reappraisal if additional damage

occurs and the crop is not harvested; and

* * * * *

(d) Mature wheat, barley, oat, rye, and

buckwheat production may be adjusted for

excess moisture and quality deficiencies.

Flax production may be adjusted for quality

deficiencies only. If a moisture adjustment is

applicable, it will be made prior to any

adjustment for quality.

(1) Production will be reduced by .12

percent for each .1 percentage point of

moisture in excess of;

(i) 13.5 percent for wheat;

(ii) 14.5 percent for barley;

(iii) 14.0 percent for oats; and

(iv) 16.0 for rye and buckwheat.

We may obtain samples of the production

to determine the moisture content.

(2) Production will be eligible for quality

adjustment if:

(i) Deficiencies in quality, in accordance

with the Official United States Standards for

Grain, result in:

(A) Wheat, except Kamut, not meeting the

grade requirements for U.S. No. 4 (grades

U.S. No. 5 or worse) because of test weight,

total damaged kernels (heat-damaged kernels

will not be considered to be damaged),

shrunken or broken kernels, defects (foreign

material and heat damage will not be

considered to be defects), a musty, sour, or

commercially objectional foreign odor

(except smut odor), or grading garlicky, light

smutty, smutty or ergoty;

(B) Barley not meeting the grade

requirements for U.S. No. 4 (grades U.S. No.

Federal Register / Vol. 65, No. 77 / Thursday, April 20, 2000 / Proposed Rules 21151

5 or worse) because of test weight, percentage

of sound barley (heat-damaged kernels will

be considered to be sound barley), damaged

kernels (heat-damaged kernels will not be

considered to be damaged), thin barley, black

barley, a musty, sour, or commercially

objectional foreign odor (except smut or

garlic odor), or grading blighted, smutty,

garlicky, or ergoty;

(C) Oats not meeting the grade

requirements for U.S. No. 4 (grade U.S.

sample grade) because of test weight or

percentage of sound oats (heat-damaged

kernels will be considered to be sound oats),

a musty, sour, or commercially objectional

foreign odor (except smut or garlic odor), or

grading smutty, thin, garlicky, or ergoty;

(D) Rye not meeting the grade requirements

for U.S. No. 3 (grades U.S. No. 4 or worse)

because of test weight, percent damaged

kernels (heat-damaged kernels will not be

considered to be damaged) or thin rye, a

musty, sour, or commercially objectional

foreign odor (except smut or garlic odor), or

grading light smutty, smutty, light garlicky,

garlicky, or ergoty;

(E) Flaxseed not meeting the grade

requirements for U.S. No. 2 (grades U.S.

sample grade) due to test weight, damaged

kernels (heat-damaged kernels will not be

considered to be damaged), or a musty, sour,

or commercially objectional foreign odor

(except smut or garlic odor);

(ii) Deficiencies in the quality of

buckwheat, determined in accordance with

applicable state grading standards, result in

it having a test weight lower than 42 pounds

per bushel, or a musty, sour or commercially

objectional foreign odor (except smut or

garlic odor), or grading garlicky, smutty or

ergoty if such grades are provided for by the

applicable state grading standards;

(iii) Quality factors for Kamut fall below

the levels contained in the Official United

States Standards for Grain that cause durum

wheat to grade less than U.S. No. 4. For

example, if durum wheat grades less than

U.S. No. 4 when its test weight falls below

54.0 pounds per bushel, Kamut would be

eligible for quality adjustment if its test

weight falls below 54.0 pounds per bushel.

The same quality factors considered for

quality adjustment of durum wheat will be

applicable and determination of deficiencies

will be made in accordance with the Federal

Grain Inspection Service directive that

establishes procedures for quality factor

analysis of Kamut seed; or

(iv) Substances or conditions are present,

including mycotoxins, that are identified by

the Food and Drug Administration or other

public health organizations of the United

States as being injurious to human or animal

health.

(3) Quality will be a factor in determining

your loss only if:

(i) The deficiencies, substances, or

conditions resulted from a cause of loss

against which insurance is provided under

these crop provisions;

(ii) All determinations of these

deficiencies, substances, or conditions are

made using samples of the production

obtained by us or by a disinterested third

party approved by us; and

(iii) The samples are analyzed by a grain

grader licensed under the authority of the

United States Grain Standards Act or the

United States Warehouse Act with regard to

deficiencies in quality, or by a laboratory

approved by us with regard to substances or

conditions injurious to human or animal

health. Test weight for quality adjustment

purposes may be determined by our loss

adjustor.

(4) Small grain production that is eligible

for quality adjustment, as specified in

sections 11(d)(2) and (3), will be reduced by

the quality adjustment factor contained in the

Special Provisions.

* * * * *

12. Late Planting

A late planting period is applicable to

small grains, except, to any wheat acreage

covered under the terms of the Wheat Crop

Insurance Winter Coverage Endorsement.

Wheat covered under the terms of the Wheat

Crop Insurance Winter Coverage

Endorsement must be planted on or prior to

the applicable final planting date specified in

the Special Provisions. In counties having a

fall final planting date for acreage covered

under the Wheat Winter Coverage

Endorsement and a fall final planting date for

acreage not covered under the endorsement,

the fall late planting period will begin after

the final planting date for acreage not

covered under the endorsement.

* * * * *

3. Amend the crop insurance

endorsement contained in § 457.102 as

follows:

a. Revise section (b);

b. Add section (c)(5);

c. Amend Option A by revising the

heading, the introductory paragraph and

paragraph (a) introductory text; and

d. Amend Option B by revising the

heading, the introductory paragraph and

paragraph (c) introductory text, all to

read as follows:

§ 457.102 Wheat crop insurance winter

coverage endorsement.

* * * * *

(b) This endorsement is available only in

counties for which the Special Provisions

designate both a fall final planting date and

a spring final planting date, and for which

the actuarial table provides a premium rate

for this coverage.

(c) * * *

(5) All eligible winter wheat acreage must

be insured under this endorsement.

* * * * *

Option A (50 Percent Coverage and Acreage

Release)

Whenever any winter wheat is damaged

during the insurance period and at least 20

acres or 20 percent of the acreage in the unit,

whichever is less, does not have an adequate

stand to produce at least 90 percent of the

production guarantee for the acreage, you

may, at your option, take one of the following

actions:

(a) Destroy the remaining crop on such

acreage. By doing so, you agree to accept an

amount of production to count against the

unit production guarantee equal to 50

percent of the production guarantee for the

damaged acreage, or an appraisal determined

in accordance with section 11(c)(1) of the

Small Grains Crop Provisions if such an

appraisal results in a greater amount of

production. This amount will be considered

production to count in determining any final

indemnity on the unit and will be used to

settle your claim as described in section 11

(Settlement of Claim) of the Small Grains

Crop Provisions. You may use such acreage

for any purpose, including planting and

separately insuring any other crop. If you

elect to plant spring wheat, it will be insured

in accordance with the policy provisions that

are applicable to acreage that is initially

planted to spring wheat, and you must:

* * * * *

Option B (70 Percent Coverage and Acreage

Release)

Whenever any winter wheat is damaged

during the insurance period and at least 20

acres or 20 percent of the acreage in the unit,

whichever is less, does not have an adequate

stand to produce at least 90 percent of the

production guarantee for the acreage, you

may, at your option, take one of the following

actions:

* * * * *

(c) Destroy the remaining crop on such

acreage. By doing so, you agree to accept an

amount of production to count against the

unit production guarantee equal to 30

percent of the production guarantee for the

damaged acreage, or an appraisal determined

in accordance with section 11(c)(1) of the

Small Grains Crop Provisions if such an

appraisal results in a greater amount of

production. This amount will be considered

production to count in determining any final

indemnity on the unit and will be used to

settle your claim as described in section 11

(Settlement of Claim) of the Small Grains

Crop Provisions. You may use such acreage

for any purpose, including planting and

separately insuring any other crop. If you

elect to plant spring wheat, it will be insured

in accordance with the policy provisions that

are applicable to acreage that is initially

planted to spring wheat, and you must:

* * * * *

Signed in Washington, DC, on April 11,

2000.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 00–9599 Filed 4–19–00; 8:45 am]

BILLING CODE 3410–08–P

FARM CREDIT ADMINISTRATION

12 CFR Parts 614, 615, and 618

RIN 3052–AB96

Loan Policies and Operations; Funding

and Fiscal Affairs, Loan Policies and

Operations, and Funding Operations;

General Provisions; OFI Lending

AGENCY: Farm Credit Administration

(FCA).