[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Pages 38883-38900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13411]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules 
and Regulations

[[Page 38883]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 407 and 457

[Docket ID FCIC-22-0004]
RIN 0563-AC79


Crop Insurance Reporting and Other Changes (CIROC)

AGENCY: Federal Crop Insurance Corporation, U.S. Department of 
Agriculture (USDA).

ACTION: Final rule with request for comments.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) is amending its 
regulations to enhance production reporting terminology and assist 
producers with production reporting requirements. The amendments will 
provide alternative production reporting options to producers who are 
unable to provide disinterested third-party verifiable records to 
support their production report because the producer or a related 
person generates the supporting records (acceptable production 
records). FCIC is also clarifying the good farming practice appeal 
deadline (appeals and arbitration) and clarifying and correcting 
portions of the policy (clarifications and corrections). The changes to 
the crop insurance policies resulting from the amendments in this rule 
are applicable for the 2023 and succeeding crop years for crops with a 
contract change date on or after June 30, 2022. For all other crops, 
the changes to the policies made in this rule are applicable for the 
2024 and succeeding crop years.

DATES: 
    Effective date: This final rule is effective June 30, 2022.
    Comment date: We will consider comments that we receive by the 
close of business August 29, 2022. FCIC may consider the comments 
received and may conduct additional rulemaking based on the comments.

ADDRESSES: We invite you to submit comments on this rule. You may 
submit comments by going through the Federal eRulemaking Portal as 
follows:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID FCIC-22-0004. Follow the 
instructions for submitting comments.
    All comments will be posted without change and will be publicly 
available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926-
7829; or email <a href="/cdn-cgi/l/email-protection#a9cfdbc8c7cac0cc87ddc6c5c5cce9dcdacdc887cec6df"><span class="__cf_email__" data-cfemail="523420333c313b377c263d3e3e3712272136337c353d24">[email protected]</span></a>. Persons with disabilities who 
require alternative means for communication should contact the USDA 
Target Center at (202) 720-2600 (voice) or (844) 433-2774 (toll-free 
nationwide).

SUPPLEMENTARY INFORMATION:

Background

    FCIC serves America's agricultural producers through effective, 
market-based risk management tools to strengthen the economic stability 
of agricultural producers and rural communities. FCIC is committed to 
increasing the availability and effectiveness of Federal crop insurance 
as a risk management tool. Approved Insurance Providers (AIPs) sell and 
service Federal crop insurance policies in every state through a 
public-private partnership. FCIC reinsures the AIPs who share the risks 
associated with catastrophic losses due to major weather events. FCIC's 
vision is to secure the future of agriculture by providing world class 
risk management tools to rural America.
    Federal crop insurance policies typically consist of the Basic 
Provisions, the Crop Provisions, the Special Provisions, the Commodity 
Exchange Price Provisions, if applicable, other applicable endorsements 
or options, the actuarial documents for the insured agricultural 
commodity, the Catastrophic Risk Protection Endorsement, if applicable, 
and the applicable regulations published in 7 CFR chapter IV. 
Throughout this rule, the terms ``Crop Provisions,'' ``Special 
Provisions,'' and ``policy'' are used as defined in the Common Crop 
Insurance Policy (CCIP) Basic Provisions in 7 CFR 457.8. Additional 
information and definitions related to Federal crop insurance policies 
are in 7 CFR 457.8.
    Through this rule, FCIC amends the Area Risk Protection Insurance 
(ARPI) Basic Provisions (7 CFR part 407), CCIP Basic Provisions (7 CFR 
457.8), in addition to specific crop insurance policies that are in the 
regulations. Throughout this rule, as the changes are explained and the 
specific crop insurance policies are mentioned for the specific 
changes, they are listed in alphabetical order by crop insurance policy 
name, which is also the section title in the regulations. Typically, in 
a rule, the sections of the regulations would be addressed in numerical 
order; however, due to the extensive range of crop insurance policies 
that this rule includes, for readers to find the information of 
relevance, the alphabetical order will be helpful. The range of crop 
insurance policies and the order in which they are listed is as 
follows:
    <bullet> Arizona-California Citrus Fruit Crop Insurance Provisions 
(7 CFR 457.121);
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
    <bullet> California Avocado Crop Insurance Provisions (7 CFR 
457.175);
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
    <bullet> Forage Production Crop Insurance Provisions (7 CFR 
457.117);
    <bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129);
    <bullet> Fresh Market Tomato Dollar Plan Crop Insurance Provisions 
(7 CFR 457.139);
    <bullet> Guaranteed Production Plan of Fresh Market Tomato (7 CFR 
457.128);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
    <bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149); and

[[Page 38884]]

    <bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
    The changes to the crop insurance policies resulting from the 
amendments in this rule are applicable for the 2023 and succeeding crop 
years for crops with a contract change date on or after June 30, 2022. 
For all other crops, the changes to the crop insurance policies 
resulting from the amendments in this rule are applicable for the 2024 
and succeeding crop years.

Acceptable Production Records

    FCIC is increasing flexibility for acceptable production records to 
make it easier for producers whose production records are not available 
from a disinterested third party to provide the supporting records 
needed to obtain insurance, report their annual production, and file a 
claim. FCIC is amending the Area Risk Protection Regulations (7 CFR 
407.9), Common Crop Insurance Regulations (7 CFR 457.8), and 20 Crop 
Provisions to implement these changes.
    Prior to this rule, FCIC generally required records from 
disinterested third parties (for example, sales record to an unrelated 
entity), or AIPs conducted preharvest appraisals as a supporting 
production record. However, some producers do not have disinterested 
third-party records which includes producers who sell their production 
directly to consumers (direct marketing) and producers who do not have 
disinterested third-party records because they, or a person related to 
them, generate the supporting records (for example, vertically 
integrated). In response to these issues, FCIC is amending production 
reporting terminology to simplify recordkeeping requirements and 
procedures for those producers who do not have disinterested third-
party records available to them. These changes will also make the 
terminology and procedures consistent across policies.
    The producer will self-identify that they will not have 
disinterested third-party records available, which will encourage a 
discussion with the AIP as to what records the producer does have that 
will meet production reporting requirements. The producer may be 
permitted to use their own records, or, in limited situations, request 
a pre-harvest appraisal. Generally, producers are required to use their 
actual production records. However, if their records are not at an 
acceptable level of detail needed for production reporting (for 
example, traceable back to the unit), RMA procedures outline criteria 
that would allow the producer to request an appraisal to supplement the 
producers' records. For example, producers who direct market their crop 
may request a pre-harvest appraisal, to use in conjunction with their 
acceptable production records, to allocate production to the applicable 
APH database or when the AIP determines the producer's final 
disposition records do not contain all information required for 
production reporting by APH database.
    In certain situations, appraisals may be used, in lieu of harvested 
production, to adjust a claim, as outlined in the CCIP Basic 
Provisions, paragraph 15(b)(3). If the producer's harvested production 
is less than the appraised production, and they harvest the crop after 
the end of the insurance period, their appraised production will be 
used unless they can prove that no additional causes of loss or 
deterioration of the crop occurred after the end of the insurance 
period.
    However, if they harvest the crop before the end of the insurance 
period, their harvested production will be used (1) unless the 
applicable Crop Provisions require an appraisal prior to harvest and 
they are unable to prove that additional insured causes of loss 
occurred after the appraisal or deterioration of the crop can be 
attributed to an insurable cause of loss after the appraisal was 
completed; then the producer's appraised production will be used; or 
(2) if the producer intends to direct market their crop or their 
production records will not be from a disinterested third party and the 
AIP determines an appraisal prior to harvest was necessary and they are 
unable to prove that additional insured causes of loss occurred after 
the appraisal or deterioration of the crop can be attributed to an 
insurable cause of loss after the appraisal was completed; then their 
appraised production will be used.
    The changes in this rule are intended to assist producers with 
production reporting requirements when producers do not have 
disinterested third-party records available and to reduce the need for 
AIPs to conduct pre-harvest appraisals, which were previously used in 
lieu of disinterested third-party records. Several terms that were 
defined in various Crop Provisions, procedures, or administrative 
regulations, will now be defined in the ARPI Basic Provisions and CCIP 
Basic Provisions.
    The changes to the Crop Provisions are as follows:
    FCIC is removing the definition of ``direct marketing'' from 
individual Crop Provisions. As a result of this change, there will be 
only one definition of ``direct marketing'' in the Basic Provisions. 
This will reduce redundancy and eliminate potential conflicts between 
the CCIP Basic Provisions and the individual Crop Provisions. This 
change occurs in the following Crop Provisions:
    <bullet> Arizona-California Citrus Fruit Crop Insurance Provisions 
(7 CFR 457.121);
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
    <bullet> California Avocado Crop Insurance Provisions (7 CFR 
457.175);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
    <bullet> Forage Production Crop Insurance Provisions (7 CFR 
457.117);
    <bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129);
    <bullet> Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149); and
    <bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
    Two Crop Provisions will retain the definition of ``direct 
marketing'' with the clarifying statement ``In addition to the 
definition contained in section 1 of the Basic Provisions,'' added. 
This change clarifies that the definition in the Crop Provisions does 
not override the definition in the Basic Provisions, but rather is 
intended to be used together. The change appears in:
    <bullet> Fresh Market Tomato Dollar Plan Crop Insurance Provisions 
(7 CFR 457.139); and
    <bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167).
    FCIC is correcting the producer's notification requirement for any 
production intended for direct marketing to apply 15 days prior to 
harvest, rather than 15 days prior to the sale. Currently, the deadline 
for notification attaches to the date of sale, which may not allow an 
AIP an opportunity to conduct an in-field (pre-harvest) appraisal. This 
change will require the producer to notify the AIP at least 15 calendar 
days before the crop is harvested, which allows for the AIPs to

[[Page 38885]]

conduct pre-harvest appraisals. This change is being made in the 
following Crop Provisions:
    <bullet> Arizona-California Citrus Fruit Crop Insurance Provisions 
(7 CFR 457.121);
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> California Avocado Crop Insurance Provisions (7 CFR 
457.175);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
    <bullet> Forage Production Crop Insurance Provisions (7 CFR 
457.117);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
    <bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
    <bullet> Table Frape Crop Insurance Provisions (7 CFR 457.149); and
    <bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).

Appeals and Arbitration

    FCIC is adding the good farming practice appeal deadline to 
paragraph 23(b) of the ARPI Basic Provisions (7 CFR part 407) and 
paragraph 20(d) of the CCIP Basic Provisions (457.8). This change will 
ensure that producers are aware of the deadline to file an appeal of a 
good farming practice determination from the AIP. Currently, the 
deadline (30 days) is only contained in the administrative regulation, 
Subpart J, and procedural handbooks that are not provided to the 
producer because they are not part of the contract between the insured 
producer and the AIP. This is not a procedural change, but a change to 
provide a clear deadline within the policy. FCIC has had producers 
request an appeal to a good farming practice determination outside the 
timeframe for which they can request an appeal. The change reduces 
confusion with other types of appeal rights within the policy.

Clarifications and Corrections

    FCIC is deleting obsolete language in paragraphs (c) through (f) 
from the preamble of the CCIP Basic Provisions (Sec.  457.8). In a rule 
published on March 30, 2010 at 75 FR 15777, FCIC added paragraphs (c) 
through (f) to the CCIP Basic Provisions (Sec.  457.8) to explain how 
the producer's active policy transitioned to the new plans of insurance 
when FCIC transitioned from Crop Revenue Coverage, Revenue Assurance, 
Income Protection, and Indexed Income Protection to Revenue Protection 
and Yield Protection plans of insurance. That language is no longer 
needed because all policies have transitioned to the new plans of 
insurance.
    FCIC is adding language in the policy to be more consistent with 
procedure language. The policy now provides clarity regarding the 
impact of different production methods on a producer's Actual 
Production History (APH) yield, in section 3(h)(3) of the CCIP Basic 
Provisions (Sec.  457.8). The previous policy language was in a single 
large paragraph that generated confusion on which adjustment methods 
were applicable. The change breaks up the paragraph into more user-
friendly paragraphs for clarity. If the approved APH yield needs to be 
adjusted because a producer changes the production method used on the 
acreage being insured, the adjustment needs to be the lower of: (1) the 
approved APH yield for the APH database; (2) the average of approved 
APH yields from other APH databases where the production method was 
carried out; or (3) the applicable county transitional-yield if the 
production method has not been carried out on other APH databases.
    FCIC is replacing the phrase ``growing season'' with ``leaf year.'' 
This changes the wording to be consistent with how the information is 
shown in the actuarial documents. This change is being made in the 
following Crop Provisions:
    <bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR 
457.121);
    <bullet> California Avocado Crop Insurance Provisions (7 CFR 
457.175);
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
    FCIC is clarifying that the minimum age or minimum production 
requirement is not waived by a written agreement, but rather if 
``otherwise allowed by the Special Provisions.'' This change clarifies 
the producer's requirement and provides transparency in identifying the 
location of their requirements. This change is being made in the 
following Crop Provisions:
    <bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR 
457.121);
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
    FCIC is clarifying insurability requirements in the Pecan Revenue 
Crop Insurance Provisions (7 CFR 457.167). The minimum production 
requirement (600 pounds of pecans in-shell per acre in one of the 
previous 4 crop years) in paragraph 8(d) is unchanged. The minimum 
production requirement can only be waived by written agreement. There 
are published procedures on how written agreements can be requested, 
reviewed, and approved. The clarification ensures the Crop Provisions 
is consistent with these procedures, specifically that an AIP cannot 
unilaterally approve the written agreement. The minimum continuous 
acreage requirement (at least one contiguous acre) in paragraph 8(f) 
remains, but exceptions to the requirement are now explicitly listed in 
the Special Provisions, rather than requiring a request, review, and 
approval of a written agreement.
    FCIC is clarifying that the definition for ``interplanted'' 
overrides the definition in the CCIP Basic Provisions, by adding the 
statement, ``In lieu of the definition contained in section 1 of the 
Basic Provisions'' prior to the description. Since the CCIP Basic 
Provisions and the Crop Provisions are separate components of the same 
crop insurance policy, adding the explicit statement, ``in lieu of,'' 
clarifies that the Crop Provisions definitions is intended to replace 
and override the definition in the CCIP Basic Provisions. It will 
provide clear use of the definition and its application to the 
individual Crop Provisions. This change will be made in the following 
Crop Provisions:
    <bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR 
457.121);
    <bullet> California Avocado Crop Insurance Provisions (7 CFR 
457.175);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pear Crop Insurance Provisions (7 CFR 457.111);

[[Page 38886]]

    <bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
    FCIC is clarifying that the definition for ``production guarantee'' 
in the Onion Crop Insurance Provisions (7 CFR 457.135) overrides the 
definition in the CCIP Basic Provisions, by adding the statement ``In 
lieu of the definition contained in section 1 of the Basic Provisions'' 
prior to the description. It will clarify the use of the definition and 
its application to the Onion Crop Insurance Provisions.
    FCIC is replacing the term ``FSA farm serial number'' with the term 
``FSA farm number,'' because the term ``FSA farm serial number'' is no 
longer used. A similar change was already implemented in the CCIP Basic 
Provisions in 2017 when the definition was changed to remove the word 
``serial.'' This change will be made in the following Crop Provisions:
    <bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR 
457.121);
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
    FCIC is correcting the location of certain information (for 
example, price elections and fresh fruit factors) by replacing 
``Special Provisions'' with ``actuarial documents.'' This change will 
be made in the following Crop Provisions:
    <bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
    <bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129);
    <bullet> Fresh Market Tomato Dollar Plan Crop Insurance Provisions 
(7 CFR 457.139);
    <bullet> Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133); and
    <bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
    FCIC is updating prices and yields in settlement of claim examples 
so they are more reflective of current values and potential 
indemnities. This change will be made in the following Crop Provisions:
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> Forage Production Crop Insurance Provisions (7 CFR 
457.117);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133); and
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159).
    In addition, FCIC is updating years used in examples in the 
following Crop Provisions to be more current:
    <bullet> Arizona-California Citrus Fruit Crop Insurance Provisions 
(7 CFR 457.121); and
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131).
    FCIC is clarifying how coverage level impacts the production 
guarantee in the settlement of a claim examples, by showing the 
calculation of coverage level multiplied by the approved yield equals 
the production guarantee in Step 1 of the example. The remaining steps 
in the settlement of the claim examples continue to use the production 
guarantee. This change will be made in the following Crop Provisions:
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133); and
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159).
    FCIC is clarifying where the settlement of claim example begins in 
the Macadamia Nut Crop Insurance Provisions (7 CFR 457.131), by 
inserting ``For example'' after the introductory text.
    FCIC is revising the sub-heading for section 3 to ``Insurance 
Guarantees, Coverage Levels, and Prices'' by removing the phrase ``for 
Determining Indemnities'' at the end. Removing this phrase will align 
the sub-heading to match the corresponding section in the CCIP Basic 
Provisions. It also helps clarify that price is not exclusively used to 
determine indemnities; it is also used to establish the guarantee and 
determine the premium due for the producer. This change will be made in 
the following Crop Provisions:
    <bullet> Arizona-California Citrus Crop Insurance Provisions (7 CFR 
457.121);
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
    <bullet> California Avocado Crop Insurance Provisions (7 CFR 
457.175);
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);
    <bullet> Forage Production Crop Insurance Provisions (7 CFR 
457.117);
    <bullet> Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
    <bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149);
    <bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119);
    FCIC is correcting the dates, states, and counties associated with 
the contract change dates, the cancellation and termination dates, and 
end of insurance period dates, where necessary, to match current 
coverage areas and dates in the actuarial documents. This change will 
specify the states and counties that currently have coverage available 
for the following Crop Provisions:
    <bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129);
    <bullet> Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128); and
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135).
    FCIC is updating the effective year to show the year that the 
changes in the Crop Provision will apply. This change will be made in 
the introductory paragraph of the following Crop Provisions:
    <bullet> Arizona-California Citrus Fruit Crop Insurance Provisions 
(7 CFR 457.121);
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
    <bullet> California Avocado Crop Insurance Provisions (7 CFR 
457.175);
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
    <bullet> Florida Avocado Crop Insurance Provisions (7 CFR 457.173);

[[Page 38887]]

    <bullet> Forage Production Crop Insurance Provisions (7 CFR 
457.117);
    <bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129);
    <bullet> Fresh Market Tomato (dollar plan) Crop Insurance 
Provisions (7 CFR 457.139);
    <bullet> Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128);
    <bullet> Macadamia Nut Crop Insurance Provisions (7 CFR 457.131);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pear Crop Insurance Provisions (7 CFR 457.111);
    <bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
    <bullet> Prune Crop Insurance Provisions (7 CFR 457.133);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159);
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149); and
    <bullet> Texas Citrus Crop Insurance Provisions (7 CFR 457.119).
    FCIC is clarifying ``agree in writing'' by replacing with the 
defined term ``written agreement'' in the Onion Crop Insurance 
Provisions (7 CFR 457.135). ``Written agreement'' is specifically 
defined in the CCIP Basic Provisions. The use of ``agree in writing'' 
was intended to mean that the producer must have a written agreement. 
However, it has generated questions in the past because it had a 
different wording than the definition.
    FCIC is removing a duplicate paragraph from section 7 in the Peach 
Crop Insurance Provisions (7 CFR 457.153).
    In the Peach Crop Insurance Provisions (7 CFR 457.153), FCIC is 
clarifying that a producer may choose optional units for the fresh and 
processing intended uses, but not further divide optional units by the 
types of peaches specified in the Special Provisions. An optional unit 
is a type of crop insurance unit. Crop insurance units are an 
identifiable, insurable segment of land on which an insurable crop is 
grown, and separate production records have been kept. Insuring by 
optional units, with fresh peaches and processing peaches insured on 
different optional units, is the producer's choice. In the Special 
Provisions, the fresh and processing intended uses are further 
classified by types of peaches, but the Special Provisions are silent 
on whether a producer can choose separate optional units for different 
types of peaches, which has led to questions from producers and AIPs. 
The further classification of types allows for distinct pricing, rates, 
and yields, but were not intended to allow separate optional units. 
Removing ``as specified in the Special Provisions'' clarifies the 
availability of optional units to ``fresh and processing'' intended 
uses only.
    In the Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148) and the Fresh Market Sweet Corn Crop Insurance Provisions (7 
CFR 457.129), FCIC is clarifying the definition of ``planted acreage'' 
by adding the section reference number in the definition (that is, 
adding ``section 1 of'').
    In the Prune Crop Insurance Provisions (7 CFR 457.133), FCIC is 
clarifying the definition for ``standard prunes'' by specifically 
referencing the U.S. Standards for Grades of Dried Prunes.
    In the Macadamia Nut Crop Insurance Provisions (7 CFR 457.131), 
FCIC is correcting the order of the definitions by redesignating the 
definition of ``floaters'' in alphabetical order.
    In the Florida Avocado Crop Insurance Provisions (7 CFR 457.173), 
FCIC is adding ``mid-season'' avocados to the definition of type to 
align with the avocado industry designations for early, mid, and late-
season avocados more appropriately. This change will allow producers to 
better align the mid-season varieties' insurance coverage with growing 
practices and the harvest period.
    In the Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148), FCIC is correcting the reference of section 7 of the Basic 
Provisions (that is, adding ``and Administrative Fees'') to complete 
the full name of the section title to match how it appears in the CCIP 
Basic Provisions.
    FCIC is amending the Blueberry Crop Insurance Provisions (7 CFR 
457.166). Specifically, changing ``became'' to ``become'' in section 6 
paragraph (a)(2)(i) and changing the word ``for'' to lowercase in the 
section title.
    FCIC is changing non-primary words to lowercase and removing 
periods from the end of section headings for consistency across 
provisions. This change will be made in the following Crop Provisions:
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> Cabbage Crop Insurance Provisions (7 CFR 457.171);
    <bullet> Fresh Market Tomato (dollar plan) Crop Insurance 
Provisions (7 CFR 457.139);
    <bullet> Onion Crop Insurance Provisions (7 CFR 457.135);
    <bullet> Peach Crop Insurance Provisions (7 CFR 457.153);
    <bullet> Pecan Revenue Crop Insurance Provisions (7 CFR 457.167);
    <bullet> Stonefruit Crop Insurance Provisions (7 CFR 457.159); and
    <bullet> Table Grape Crop Insurance Provisions (7 CFR 457.149).
    In the Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129), FCIC is correcting the spelling of ``totaling'' in section 14 
paragraph (b)(3).
    In the Pecan Revenue Crop Insurance Provisions (7 CFR 457.167), 
FCIC is correcting the spelling of ``notwithstanding.''
    In the Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128), FCIC is correcting the spelling 
of ``Guarantee'' to ``Guaranteed.''
    In the Peach Crop Insurance Provisions (7 CFR 457.153), FCIC is 
changing ``allow'' to ``provide'' for consistency with the actuarial 
documents. In addition, FCIC is adding the word ``the'' preceding 
``trees'' for grammatical sufficiency and readability. The reference is 
specific to ``the'' trees bearing insured peaches under the policy.
    FCIC is correcting punctuation in bulleted lists by adding a semi 
colon or adding ``and'' after the semi-colon. This change will be made 
in the following Crop Provisions:
    <bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148);
    <bullet> Fresh Market Sweet Corn Crop Insurance Provisions (7 CFR 
457.129); and
    <bullet> Fresh Market Tomato (dollar plan) Crop Insurance 
Provisions (7 CFR 457.139).
    In the Pecan Revenue Crop Insurance Provisions (7 CFR 457.167), 
FCIC is changing ``reject'' to ``not accept'' in two places, referring 
to how the AIP processes a producer's submitted application. The Pecan 
Revenue Crop Insurance Provisions refer to section 2 of the CCIP Basic 
Provisions, which provide the grounds for an application to not be 
accepted, but the word ``reject'' does not appear in the CCIP Basic 
Provisions. In the same paragraph of the Pecan Revenue Crop Insurance 
Provisions, FCIC is removing the phrase ``of the application,'' because 
it was incorrectly listed as appearing in section 2 of the CCIP Basic 
Provisions.
    FCIC is removing the definition of ``adapted'' from the Table Grape 
Crop Insurance Provisions (7 CFR 457.149). The definition referred to a 
list of grape varieties by county recognized by National Institute of 
Food and Agriculture as compatible with agronomic and weather 
conditions in the county. However, the National Institute of Food and 
Agriculture does

[[Page 38888]]

not maintain a list of adapted grape varieties. Other federally 
reinsured Crop Provisions do not define ``adapted.'' The plain meaning 
of the word has been sufficient in other Crop Provisions without 
generating questions. Therefore, the definition is removed in the Table 
Grape Crop Insurance Provisions.
    FCIC is removing repetitive parenthetical titles that reference the 
CCIP Basic Provisions for consistency. For example, this change deletes 
the parenthetical title (Insurance Guarantees, Coverage Levels, and 
Prices for Determining Indemnities) in the sentence ``In addition to 
the requirements of section 3 (Insurance Guarantees, Coverage Levels, 
and Prices for Determining Indemnities) of the Basic Provisions.'' In 
other Crop Provisions, the parenthetical title does not appear. This 
change will make Crop Provisions more consistent. This change will 
remove parenthetical titles in the following Crop Provisions:
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132); and
    <bullet> Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128).
    The CCIP Basic Provisions includes the priority order of policy 
provisions. Therefore, in the following Crop Provisions, FCIC is 
removing the introductory sentence explaining the order of priority of 
policy provisions because it is duplicative of the same order of 
priority included in the CCIP Basic Provisions:
    <bullet> Blueberry Crop Insurance Provisions (7 CFR 457.166);
    <bullet> Cranberry Crop Insurance Provisions (7 CFR 457.132);
    <bullet> Fresh Market Pepper Crop Insurance Provisions (7 CFR 
457.148); and
    <bullet> Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions (7 CFR 457.128).
    In the Stonefruit Crop Insurance Provisions (7 CFR 457.159), in 
section 3, FCIC is adding paragraph (d). The new paragraph clarifies 
that a producer may not increase their elected or assigned coverage 
level or the ratio of their price election to the maximum price 
election if a cause of loss that could or would reduce the yield of the 
insured crop is evident prior to the time that the producer requests 
the increase. These changes to section 3 were proposed in the Common 
Crop Insurance Policy Basic Provisions; Stonefruit Crop Provisions 
proposed rule, published in the Federal Register on November 24, 2009 
(74 FR 61286-61289). The change in the Common Crop Insurance 
Regulations; Stonefruit Crop Insurance Provisions final rule, published 
in the Federal Register on July 29, 2010 (75 FR 44709-44718), was not 
completed in the Code of Federal Regulations. Further, a technical 
correction for the change to the Stonefruit Crop Insurance Provisions 
was published in the Federal Register on September 27, 2010 (75 FR 
59057-59058). The intended change was not completed correctly. This 
rule is making the required technical corrections to make that change 
now.

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. The 
requirements for the regulatory flexibility analysis in 5 U.S.C. 603 
and 604 are specifically tied to the requirement for a proposed rule 
under 5 U.S.C. 553 or any other law; in addition, the definition of 
rule in 5 U.S.C. 601 is tied to the publication of a proposed rule.
    For major rules, the Congressional Review Act requires a delay of 
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 or economically 
significant.
    The Office of Management and Budget (OMB) has designated this rule 
as not significant under Executive Order 12866, ``Regulatory Planning 
and Review,'' and therefore, OMB has not reviewed this rule and 
analysis of the costs and benefits is not required under either 
Executive Order 12866 or 13563.

Clarity of the Regulation

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this rule, we invite your comments on 
how to make the rule easier to understand. For example:
    <bullet> Are the requirements in the rule clearly stated? Are the 
scope and intent of the rule clear?
    <bullet> Does the rule contain technical language or jargon that is 
not clear?
    <bullet> Is the material logically organized?
    <bullet> Would changing the grouping or order of sections or adding 
headings make the rule easier to understand?
    <bullet> Could we improve clarity by adding tables, lists, or 
diagrams?
    <bullet> Would more, but shorter, sections be better? Are there 
specific sections that are too long or confusing?
    <bullet> What else could we do to make the rule easier to 
understand?

Environmental Review

    The environmental impacts of this final rule have been considered 
in a manner consistent with the provisions of the National 
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations 
of the Council on Environmental Quality (40 CFR parts 1500-1508), and 
because USDA will be making the payments to producers, the USDA 
regulation for compliance with NEPA (7 CFR part 1b). As specified in 7 
CFR 1b.4(b)(4), FCIC is categorically excluded from the preparation of 
an Environmental Analysis or Environmental Impact Statement unless the 
FCIC Manager (agency head) determines that an action may have a 
significant environmental effect. The FCIC Manager has determined this 
rule will not have a significant environmental effect. Therefore, FCIC 
will not prepare an environmental assessment or environmental impact 
statement for this action and this rule serves as documentation of the 
programmatic environmental compliance decision.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, ``Civil 
Justice

[[Page 38889]]

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 Assistance Listing,\1\ to which this 
rule applies is No. 10.450--Crop Insurance.
---------------------------------------------------------------------------

    \1\ See https://sam.gov/content/assistance-listings.
---------------------------------------------------------------------------

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-discrimination-complaint and at any USDA office 
or write a letter addressed to USDA and provide in the letter all the 
information requested in the form. To request a copy of the complaint 
form, call (866) 632-9992. Submit your completed form or letter to USDA 
by 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: <a href="/cdn-cgi/l/email-protection#ade2eceeedd8dec9cc83cac2db"><span class="__cf_email__" data-cfemail="eaa5aba9aa9f998e8bc48d859c">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

List of Subjects

7 CFR Part 407

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

7 CFR Part 457

    Acreage allotments, Crop insurance, Reporting and recordkeeping 
requirements.

    For the reasons discussed in the supplementary information, FCIC 
amends 7 CFR parts 407 and 457, effective for the 2023 and succeeding 
crop years for crops with a contract change date on or after June 30, 
2022, and for the 2024 and succeeding crop years for all other crops, 
as follows:

PART 407--AREA RISK PROTECTION INSURANCE REGULATIONS

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

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

0
2. Amend Sec.  407.9 by:
0
a. In section 1:
0
i. Add in alphabetical order definitions for ``Farm management record'' 
and ``Production record'';
0
ii. Revise the definition for ``Production report''; and
0
iii. Remove the definition for ``Verifiable records'' and add the 
definition for ``Verifiable record'' in alphabetical order;
0
b. In section 8, paragraph (o), remove the phrase ``records to support 
the information on'' and add ``acceptable production records to support 
the information you certified on'' in its place;
0
c. In section 23:
0
i. Add paragraph (b)(1)(i) and (ii);
0
ii. Remove paragraph (b)(2); and
0
iii. Redesignate paragraph (b)(3) as paragraph (b)(2).
    The revisions and additions read as follows:


Sec.  407.9   Area Risk Protection Insurance Regulations.

* * * * *
1. Definitions
* * * * *
    Farm management record. A contemporaneous record provided by you 
that documents your actual production recorded at the time of harvest, 
storing of the crop, or use of the crop for feed, and can be used to 
substantiate your actual production reported on the production report.
* * * * *

[[Page 38890]]

    Production record. A written record that documents your actual 
production reported on the production report. The record must be an 
acceptable verifiable record or an acceptable farm management record as 
authorized by FCIC procedures.
    Production report. A written report provided by you showing your 
annual production in accordance with section 8. The report contains 
yield information for the current year, including planted acreage and 
production. This report must be supported by acceptable production 
records.
* * * * *
    Verifiable record. A contemporaneous record from a disinterested 
third party that substantiates your actual production reported on the 
production report. The record must be a document or evidence from a 
disinterested third party that is accurate and can be validated or 
verified by us.
* * * * *
23. Mediation, Arbitration, Appeal, Reconsideration, and Administrative 
and Judicial Review
* * * * *
    (b) * * *
    (1) * * *
    (i) If you disagree with our decision of what constitutes a good 
farming practice you may request through us that FCIC review our 
decision. Requests for FCIC review must be made within 30 days of the 
postmark date on the written notice of the determination regarding good 
farming practices.
    (ii) You may not sue us for our decisions regarding whether good 
farming practices were used by you. You must request a determination 
from FCIC of what constitutes a good farming practice before filing any 
suit against FCIC.
* * * * *

PART 457--COMMON CROP INSURANCE REGULATIONS

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

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


0
4. Amend Sec.  457.8 by:
0
a. In the introductory section, remove paragraphs (c) through (f);
0
b. In section 1:
0
i. Add in alphabetical order definitions for ``Direct marketing'', 
``Farm management record'', and ``Production record'';
0
ii. Revise the definition for ``Production report''; and
0
iii. Remove the definition for ``Verifiable records'' and add the 
definition for ``Verifiable record'' in alphabetical order;
0
c. In section 3:
0
i. Revise paragraph (g)(3); and
0
ii. Revise paragraph (h)(3);
0
d. In section 6:
0
i. In paragraph (c)(4), remove the word ``and'';
0
ii. In paragraph (c)(5), remove the period at the end of the sentence 
and add ``; and'' in its place; and
0
iii. Add paragraph (c)(6);
0
e. In section 15:
0
i. Revise the section heading;
0
ii. In paragraph (b)(1), remove the words ``verifiable records'' and 
add ``acceptable verifiable records or acceptable farm management 
records'' in their place; and
0
iii. Revise paragraph (b)(3)(ii);
0
f. In section 20, revise paragraph (d)(1); and
0
g. Add new section 38.
    The revisions and additions read as follows:


Sec.  457.8  The application and policy.

* * * * *
Common Crop Insurance Policy
* * * * *
1. Definitions
* * * * *
    Direct Marketing. The sale of the insured crop directly to 
consumers without the intervention of an intermediary such as a 
wholesaler, retailer, packer, processor, shipper, buyer, or broker. 
Production records are controlled exclusively by the policyholder. 
Examples of direct marketing include selling through an on-farm or 
roadside stand, a farmer's market, or permitting the general public to 
enter the acreage for the purpose of harvesting or picking all or a 
portion of the crop. Only the portion of the crop sold directly to 
consumers will be considered direct marketed.
* * * * *
    Farm management record. A contemporaneous record provided by you 
that documents your actual production recorded at the time of harvest, 
storing of the crop, or use of the crop for feed, and can be used to 
substantiate your actual production reported on the production report.
* * * * *
    Production record. A written record that documents your actual 
production reported on the production report. The record must be an 
acceptable verifiable record or an acceptable farm management record as 
authorized by FCIC procedures.
* * * * *
    Production report. A written report provided by you showing your 
annual production that will be used by us to determine your yield for 
insurance purposes in accordance with section 3. The report contains 
yield information for the previous year(s), including planted acreage 
and production. This report must be supported by acceptable production 
records.
* * * * *
    Verifiable record. A contemporaneous record from a disinterested 
third party that substantiates your actual production reported on the 
production report. The record must be a document or evidence from a 
disinterested third party that is accurate and can be validated or 
verified by us.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (g) * * *
    (3) If you do not have acceptable production records to support the 
information you certified on your production report you will receive an 
assigned yield in accordance with section 3(f)(1) and 7 CFR part 400, 
subpart G, for the applicable units, determined by us, for crop years 
that do not have such production records in accordance with FCIC 
procedures. If the conditions of section 34(b)(3) are not met, you will 
receive an assigned yield for the applicable basic unit.
* * * * *
    (h) * * *
    (3) To an amount consistent with the production method actually 
carried out for the crop year if you use a different production method 
than was previously used and the production method actually carried out 
is likely to result in a yield lower than the average of your previous 
actual yields.
    (i) The yield will be adjusted to the lower of the:
    (A) Approved APH yield for the APH database;
    (B) Average of approved APH yields based on your other APH 
databases where the production method was carried out; or
    (C) Applicable county transitional yield for the production method 
if other such APH databases do not exist.
    (ii) You must notify us of changes in your production method by the 
acreage reporting date. If you fail to notify us, in addition to the 
reduction of your approved yield described herein, you will be 
considered to have misreported information and you will be subject to 
the consequences in section 6(g). For example, for a non-irrigated APH 
database, your yield is based upon acreage of the crop that is watered 
once

[[Page 38891]]

prior to planting, and the crop is not watered prior to planting for 
the current crop year. Your approved APH yield will be reduced to an 
amount consistent with the actual production history of your other non-
irrigated APH database where the crop has not been watered prior to 
planting or limited to the non-irrigated transitional yield for the APH 
database if other such APH databases do not exist.
* * * * *
6. Report of Acreage
* * * * *
    (c) * * *
    (6) Acknowledgement of your duty to notify us if you intend to 
direct market your crop or if acceptable verifiable records are 
required and will not be available. This acknowledgement must also 
include a signed marketing certification if required in section 38.
* * * * *
15. Production Included in Determining an Indemnity and Payment 
Reductions
* * * * *
    (b) * * *
    (3) * * *
    (ii) You harvest before the end of the insurance period, your 
harvested production will be used to adjust the loss, unless:
    (A) The applicable crop provisions require an appraisal prior to 
harvest and you are unable to prove that additional insured causes of 
loss occurred after the appraisal or deterioration of the crop can be 
attributed to insurable causes after the appraisal was completed; then 
your appraised production will be used to adjust the loss; or
    (B) You intend to direct market your crop or your production 
records will not be from a disinterested third party and we determine 
an appraisal prior to harvest was necessary and you are unable to prove 
that additional insured causes of loss occurred after the appraisal or 
deterioration of the crop can be attributed to insurable causes after 
the appraisal was completed; then your appraised production will be 
used to adjust the loss.
* * * * *
20. Mediation, Arbitration, Appeal, Reconsideration, and Administrative 
and Judicial Review
* * * * *
    (d) * * *
    (1) * * *
    (i) If you disagree with our determination of the amount of 
assigned production, you must use the arbitration or mediation process 
contained in this section.
    (ii) If you disagree with our decision of what constitutes a good 
farming practice you may request through us that FCIC review our 
decision. Requests for FCIC review must be made within 30 days of the 
postmark date on the written notice of the determination regarding good 
farming practices.
    (iii) You may not sue us for our decisions regarding whether good 
farming practices were used by you. You must request a determination 
from FCIC of what constitutes a good farming practice before filing any 
suit against FCIC.
* * * * *
38. Direct Marketing and Verifiable Records
    (a) You must notify us and complete the marketing certification if 
you intend to direct market any portion of the crop, or if acceptable 
verifiable records are required and will not be available. It is your 
responsibility to assure you meet all the notification and completion 
requirements to be properly identified as in compliance with the 
provisions specified in this section.
    (b) Notice and certification provisions:
    (1) Provide us notice and complete a marketing certification by the 
acreage reporting date when any portion of the crop will be direct 
marketed, or if acceptable verifiable records are required and will not 
be available. If your marketing plans change after the acreage 
reporting date, then you must provide notice no later than 15 days 
prior to harvest of the crop. The notice may be made by telephone or in 
person. If a marketing certification is required, it must be completed 
in writing within 15 days of the initial notice.
    (2) If you fail to notify us timely and complete the marketing 
certification in accordance with these provisions and if you do not 
have acceptable verifiable production records to support the 
information you certified on your production report, you will receive 
an assigned yield in accordance with 3(g).
    (3) We may determine that the marketing certification is not 
required for your crop based on FCIC procedures.
    (4) Appraisals prior to harvest may be conducted for production 
reporting purposes to be used in conjunction with your acceptable 
production records.
    (i) If we determine an appraisal is necessary, we must notify you.
    (ii) If you request an appraisal, you must notify us at least 15 
days prior to harvest.
    (5) Appraisals conducted for production reporting purposes may not 
be applicable for establishing total production to count under section 
15 when the appraisal was conducted prior to our receipt of a notice of 
loss.

0
5. Amend Sec.  457.111 by:
0
a. In the undesignated introductory paragraph, remove the year ``2015'' 
and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. Revise the section 3 heading;
0
d. In section 6, revise paragraph (c); and
0
e. In section 10, revise paragraph (b)(2).
    The revisions read as follows:


Sec.  457.111  Pear Crop Insurance Provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more crops are planted in 
any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
    (c) That are grown on trees that have produced an average of at 
least five (5) tons of pears per acre in at least one of the four 
previous crop years, unless otherwise allowed by the Special 
Provisions; and
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
    (b) * * *
    (2) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. We will conduct an appraisal that will be used to determine 
your production to count for production that is sold by direct 
marketing. If damage occurs after this appraisal, we will conduct an 
additional appraisal. These appraisals, and any acceptable records 
provided by you, will be used to determine your production to count. 
Failure to give timely notice that production will be harvested for 
direct marketing will result in an appraised amount of production to 
count of not less than the production guarantee per acre if such 
failure results in our inability to make the required appraisal.
* * * * *

[[Page 38892]]


0
6. Amend Sec.  457.117 by:
0
a. In the undesignated introductory paragraph, remove the year ``2021'' 
and add ``2023'' in its place;
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. In section 2, revise the section heading;
0
d. In section 9, revise paragraph (b);
0
e. In section 10, in paragraph (b), revise Example 1 and Example 2;
    The revisions read as follows:


Sec.  457.117   Forage Production Crop Insurance Provisions.

* * * * *
2. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
9. Duties in the Event of Damage or Loss
* * * * *
    (b) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. Failure to give timely notice that production will be 
harvested for direct marketing will result in an appraised amount of 
production to count of not less than the production guarantee per acre 
if such failure results in our inability to make the required 
appraisal;
* * * * *
10. Settlement of Claim
* * * * *
    (b) * * *
    Example 1
    Assume you have a 100 percent share in 100 acres of type A forage 
in the unit, with a guarantee of 3.0 tons per acre and a price election 
of $100 per ton. Due to adverse weather you were only able to harvest 
50.0 tons. Your indemnity would be calculated as follows:
    1. 100 acres type A x 3 tons = 300-ton guarantee;
    2 & 3. 300 tons x $100 price election = $30,000 total value 
guarantee;
    4 & 5. 50 tons production to count x $100 price election = $5,000 
total value of production to count;
    6. $30,000 value guarantee - $5,000 = $25,000 loss; and
    7. $25,000 x 100 percent share = $25,000 indemnity payment.
    Example 2
    Assume you also have a 100 percent share in 100 acres of type B 
forage in the same unit, with a guarantee of 1.0 ton per acre and a 
price election of $90 per ton. Due to adverse weather you were only 
able to harvest 5.0 tons. Your total indemnity for forage production 
for both types A and B in the same unit would be calculated as follows:
    1. 100 acres x 3 tons = 300-ton guarantee for type A and 100 acres 
x 1 ton = 100-ton guarantee for type B;
    2. 300-ton guarantee x $100 price election = $30,000 total value of 
the guarantee for type A and 100-ton guarantee x $90 price election = 
$9,000 total value of the guarantee for type B;
    3. $30,000 + $9,000 = $39,000 total value of the guarantee;
    4. 50 tons x $100 price election = $5,000 total value of production 
to count for type A; and 5 tons x $90 price election = $450 total value 
of production to count for type B;
    5. $5,000 + $450 = $5,450 total value of production to count for 
types A and B;
    6. $39,000 - $5,450 = $33,550 loss; and
    7. $33,550 loss x 100 percent share = $33,550 indemnity payment.
* * * * *

0
7. Amend Sec.  457.119 by:
0
a. In the undesignated introductory paragraph, remove the year ``2018'' 
and add ``2024'' in its place;
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. In section 3, revise the section heading;
0
d. In section 11, paragraph (b)(1) remove the words ``will be sold by'' 
wherever they appear and add ``will be harvested for'' in their place; 
and
0
e. In section 12, paragraph (e), remove the words ``Special 
Provisions'' and add in their place ``actuarial documents''.
    The revisions read as follows:


Sec.  457.119   Texas Citrus Crop Insurance Provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *

0
8. Amend Sec.  457.121 as follows:
0
a. In the undesignated introductory paragraph, remove the year ``2015'' 
and add ``2024'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2 paragraph (b), remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (b):
0
A. Remove the year ``2015'' and add ``2024'' in its place; and
0
B. Remove the year ``2013'' and add ``2022'' in its place;
0
e. In section 6, revise paragraph (f); and
0
f. In section 10, in paragraph (b)(1), remove the words ``will be sold 
by'' wherever they appear and add ``will be harvested for'' in their 
place each.
    The revisions read as follows:


Sec.  457.121   Arizona-California citrus crop insurance provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more agricultural 
commodities are planted in any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
    (f) That, unless otherwise allowed by the Special Provisions, is 
grown on trees that have reached at least:
    (1) The sixth leaf year; or
    (2) The fifth leaf year after topwork or grafting, if topwork or 
grafting occurs after set out.
* * * * *

0
9. Amend Sec.  457.128 by:
0
a. Revise the heading immediately following the section heading;
0
b. In the introductory text between ``(Appropriate title for insurance 
provider)'' and Section 1:
0
i. Remove the words ``Guarantee Production Plan'' and add ``Guaranteed 
Production Plan'' in their place; and
0
ii. Remove the sentence ``If a conflict exists among the policy 
provisions, the order of priority is as follows: (1) The Catastrophic 
Risk Protection Endorsement, if applicable; (2) the Special Provisions; 
(3) these Crop Provisions; and (4) the Basic Provisions with (1) 
controlling (2), etc.'';
0
c. In section 1, remove the definition of ``Direct marketing'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In the introductory text, remove the words ``for Determining 
Indemnities''; and
0
iii. In paragraph (a), remove the words ``Special Provisions'' wherever 
they appear and add ``actuarial documents'' in their place each time;
0
e. In section 4, remove the number ``15'' and add ``31'' in its place;
0
f. In section 5, in the table, remove ``January 15'' and add ``January 
31'' in their place;
    The revisions read as follows:

[[Page 38893]]

Sec.  457.128  Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions.

    The Guaranteed Production Plan of Fresh Market Tomato Crop 
Insurance Provisions for the 2023 and succeeding crop years are as 
follows:
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *

0
10. Amend Sec.  457.129 by:
0
a. Revise the undesignated introductory text;
0
b. In section 1:
0
i. In the definition of ``Allowable costs'', remove the words ``Special 
Provisions'' and add ``actuarial documents'' in their place; and
0
ii. Remove the definition of ``Direct marketing''; and
0
iii. In the definition of ``Minimum value'', remove the words'' 
``Special Provisions'' and add ``actuarial documents'' in their place; 
and
0
iv. In the definition of ``Planted acreage'', remove the words ``the 
Basic Provisions'' and add ``section 1 of the Basic Provisions'' in 
their place;
0
c. In section 4, revise the table.
0
d. In section 5:
0
i. Revise the section heading;
0
ii. Revise the undesignated paragraph; and
0
iii. Revise the table;
0
e. In section 8, in paragraph (b)(3), add the word ``and'' at the end;
0
f. In section 13:
0
i. Revise paragraph (b); and
0
ii. In paragraph (c) remove the words ``sold by''; and add ``harvested 
for'' in their place;
0
g. In section 14:
0
i. In paragraph (b)(3) remove the word ``Totalling'' and add 
``Totaling'' in its place;
0
ii. In paragraph (b)(5), revise the example; and
0
h. In section 16 paragraph (b)(1), remove the words ``Special 
Provisions'' and add ``actuarial documents'' in their place.
    The revisions read as follows:


Sec.  457.129  Fresh Market Sweet Corn Crop Insurance Provisions.

    The fresh market sweet corn crop insurance provisions for the 2023 
and succeeding crop years in counties with a contract change date of 
November 30, and for the 2024 and succeeding crop years in counties 
with a contract change date of April 30, are as follows:
* * * * *
4. Contract Changes
* * * * *

------------------------------------------------------------------------
               State and county                           Date
------------------------------------------------------------------------
All Florida counties; and all Georgia          April 30.
 counties for which the Special Provisions
 designate a fall planting period.
Toombs County, Georgia; and all other states.  November 30.
------------------------------------------------------------------------

* * * * *
5. Cancellation and Termination Dates
    In accordance with section 2 of the Basic Provisions, the 
cancellation and termination dates are:

------------------------------------------------------------------------
                                           Cancellation and termination
            State and county                          dates
------------------------------------------------------------------------
Florida; and all Georgia counties for    July 31.
 which the Special Provisions designate
 a fall planting period.
Alabama; and Toombs County, Georgia....  February 15.
All other states.......................  March 15.
------------------------------------------------------------------------

* * * * *
13. Duties in the Event of Damage or Loss
* * * * *
    (b) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. We will conduct an appraisal that will be used to determine 
the value of your production to count for production that is sold by 
direct marketing. If damage occurs after this appraisal, we will 
conduct an additional appraisal if you notify us that additional damage 
has occurred. These appraisals, and/or any acceptable production 
records provided by you, will be used to determine the value of your 
production to count.
* * * * *
14. Settlement of a Claim
* * * * *
    (b) * * *
    (5) * * *
    For example:
    You have a 100 percent share in 65.3 acres of fresh market sweet 
corn in the unit (15.0 acres in stage 1 and 50.3 acres in the final 
stage), with a dollar amount of insurance of $1,000 per acre. The 15.0 
acre field was damaged by flood and appraisals of the crop determined 
there was no potential production to be counted. From the 50.3 acre 
field, you are only able to harvest 5,627 containers of sweet corn. The 
net value of all sweet corn production sold ($3.50 per container) is 
greater than the Minimum Value per container ($3.30). The 5,627 
containers sold x $3.50 average net value per container = $19,694.50 
value of your production to count. Your indemnity would be calculated 
as follows:
    (1) 15.0 acres x $1,000 amount of insurance = $15,000 and 50.3 
acres x $1,000 amount of insurance = $50,300;
    (2) $15,000 x .65 (percent for stage 1) = $9,750 and $50,300 x 1.00 
(percent for final stage) = $50,300;
    (3) $9,750 + $50,300 = $60,050 amount of insurance for the unit;
    (4) $60,050-$19,694.50 value of production to count = $40,355.50 
loss;
    (5) $40,355.50 x 100 percent share = $40,355.50 indemnity payment.
* * * * *

0
11. Amend Sec.  457.131 by:
0
a. In the undesignated introductory paragraph, remove the year ``2017'' 
and add ``2024'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing'';
0
ii. Redesignate the definition of ``Floaters'' in alphabetical order; 
and
0
iii. Revise the definition of ``Interplanted'';

[[Page 38894]]

0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (a), remove of the words ``Special Provisions'' and 
add ``actuarial documents'' in their place each time they occur; and
0
iii. In paragraph (d), remove the year ``2016'' and add ``2024'' in its 
place and remove the year ``2014'' and add the year ``2022'' in its 
place;
0
e. In section 6, revise paragraph (d);
0
f. In section 10, revise paragraph (b); and
0
g. In section 11, in paragraph (b)(7), add an introductory sentence to 
the undesignated example.
    The revisions read as follows:


Sec.  457.131   Macadamia nut crop insurance provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more agricultural 
commodities are planted in any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
    (d) That are grown on trees that have reached at least the fifth 
leaf year, including the fifth leaf year after grafting if grafting 
occurs after set out, unless otherwise allowed by the Special 
Provisions; and
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
    (b) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. We will conduct an appraisal that will be used to determine 
your production to count for production that is sold by direct 
marketing. If damage occurs after this appraisal, we will conduct an 
additional appraisal. These appraisals, and any acceptable records 
provided by you, will be used to determine your production to count. 
Failure to give timely notice that production will be harvested for 
direct marketing will result in an appraised amount of production to 
count of not less than the production guarantee per acre if such 
failure results in our inability to make the required appraisal.
* * * * *
11. Settlement of Claim
* * * * *
    (b) * * *
    (7) * * *
    For example:
* * * * *

0
12. Amend Sec.  457.132 by:
0
a. In the introductory paragraph before section 1, remove the year 
``1999'' and add ``2023'' in its place and remove the sentence ``If a 
conflict exists among the policy provisions, the order of priority is 
as follows: (1) The Catastrophic Risk Protection Endorsement, if 
applicable; (2) the Special Provisions; (3) these Crop Provisions; and 
(4) the Basic Provisions with (1) controlling (2), etc.'';
0
b. In section 2, remove the word ``serial'';
0
c. In section 3:
0
i. Revise the section heading; and
0
ii. In the undesignated introductory paragraph and paragraph (b), 
remove the parenthetical phrase ``(Insurance Guarantees, Coverage 
Levels, and Prices for Determining Indemnities)'';
0
d. In section 4, remove the parenthetical phrase ``(Contract 
Changes)'';
0
e. In section 5, remove the parenthetical phrase ``(Life of Policy, 
Cancellation, and Termination)'';
0
f. In section 6:
0
i. In the undesignated paragraph, remove the parenthetical phrase 
``(Insured Crop)''; and
0
ii. Revise paragraph (d).
0
g. In section 7, paragraphs (a) and (b), remove the parenthetical 
phrase ``(Insurance Period)'';
0
h. In section 8:
0
i. In paragraph (a) remove the parenthetical phrase ``(Causes of 
Loss)''; and
0
ii. In paragraph (b) remove the parenthetical phrase ``(Cause of 
Loss)''; and
0
i. In the section 9 undesignated paragraph, remove the parenthetical 
phrase ``(Duties in the Event of Damage or Loss)''.
    The revisions read as follows:


Sec.  457.132   Cranberry crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
6. Insured Crop
* * * * *
    (d) That are grown on vines that have reached at least the fourth 
leaf year unless otherwise provided by the Special Provisions.
* * * * *

0
13. Amend Sec.  457.133 by:
0
a. In the undesignated introductory paragraph following the section 
heading, remove the year ``2013'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing'';
0
ii. Revise the definition of ``Interplanted''; and
0
iii. In the definition of ``Standard prunes'', revise paragraph (a);
0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading; and
0
ii. In paragraph (a), remove the words ``Special Provisions'' and add 
``actuarial documents'' in their place;
0
e. In section 6, remove the words ``growing season after being set 
out'' and add ``leaf year'' in their place;
0
f. In section 10, revise paragraph (b)(2); and
0
g. In section 11, in paragraph (b), revise Example 1 and Example 2.
    The revisions and additions read as follows:


Sec.  457.133   Prune Crop Insurance Provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more crops are planted in 
any form of alternating or mixed pattern.
* * * * *
    Standard prunes. * * *
    (a) That grade ``C,'' ``U.S. Standard,'' or better in accordance 
with the United States Standards for Grades of Dried Prunes; or
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
    (b) * * *
    (2) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. We will conduct an appraisal that will be used to determine 
your production to count for production that is sold by direct 
marketing or is sold as fresh fruit production. If damage occurs after 
this

[[Page 38895]]

appraisal, we will conduct an additional appraisal. These appraisals, 
and any acceptable records provided by you, will be used to determine 
your production to count. Failure to give timely notice that production 
will be harvested for direct marketing or sold as fresh fruit will 
result in an appraised amount of production to count of not less than 
the production guarantee per acre if such failure results in our 
inability to make the required appraisal.
* * * * *
11. Settlement of Claim
* * * * *
    (b) * * *
    Example 1:
    You select 75 percent coverage level, 100 percent of the price 
election, and have a 100 percent share in 50.0 acres of type A prunes 
in the unit. The approved yield is 2.5 tons per acre and your price 
election is $1,000 per ton. You harvest 10.0 tons. Your indemnity would 
be calculated as follows:
    (1) 50.0 acres x 2.5 tons x 0.75 = 93.75-ton production guarantee;
    (2) 93.75-ton guarantee x $1,000 price election = $93,750 value of 
production guarantee;
    (4) 10.0 tons x $1,000 price election = $10,000 value of production 
to count;
    (6) $93,750 - $10,000 = $83,750 loss; and
    (7) $83,750 x 1.000 share = $83,750 indemnity payment.
    Example 2:
    In addition to the information in the first example, you have an 
additional 50.0 acres of type B prunes with 100 percent share in the 
same unit. The approved yield is 2.0 tons per acre and the price 
election is $900 per ton. You harvest 5.0 tons. Your total indemnity 
for both types A and B would be calculated as follows:
    (1) 50.0 acres x 2.5 tons x 0.75 = 93.75-ton production guarantee 
for type A and 50.0 acres x 2.0 x 0.75 tons = 75.0-ton production 
guarantee for type B;
    (2) 93.75-ton guarantee x $1,000 price election = $93,750 value of 
production guarantee for type A and 75.0-ton guarantee x $900 price 
election = $67,500 value production guarantee for type B;
    (3) $93,750 + $67,500 = $ 161,250 total value of production 
guarantee;
    (4) 10.0 tons x $1,000 price election = $10,000 value of production 
to count for type A and 5.0 tons x $900 price election = $4,500 value 
of production to count for type B;
    (5) $10,000 + $4,500 = $14,500 total value of production to count;
    (6) $161,250 - $14,500 = $146,750 loss; and
    (7) $146,750 loss x 1.000 share = $146,750 indemnity payment.
* * * * *

0
14. Amend Sec.  457.135 by:
0
a. Revise the undesignated introductory paragraph following the section 
heading;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. In the definition of ``Production guarantee (per acre)'', add 
introductory text;
0
c. In section 2, revise the section heading;
0
d. In section 3:
0
i. Revise the section heading; and
0
ii. In paragraph (a), remove the words ``Special Provisions provide'' 
and add ``actuarial documents provide'' in their place;
0
e. In section 4, revise the section heading;
0
f. In section 5:
0
i. Revise the section heading; and
0
ii. Revise the table;
0
g. In section 6, revise the section heading;
0
h. In section 9, in paragraph (a), remove the words ``we agree in 
writing to insure'' and add ``a written agreement insures'' in their 
place;
0
i. In section 13, revise paragraph (b); and
0
j. In section 14, in paragraph (b), revise the example.
    The revisions read as follows:


Sec.  457.135   Onion crop insurance provisions.

    The Onion Crop Insurance Provisions for the 2023 and succeeding 
crop years are as follows:
* * * * *
1. Definitions
* * * * *
    Production guarantee (per acre). In lieu of the definition 
contained in section 1 of the Basic Provisions, the production 
guarantee will be determined by stage as follows:
* * * * *
2. Unit Division
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
4. Contract Changes
* * * * *
5. Cancellation and Termination Dates
* * * * *

------------------------------------------------------------------------
       State & county           Cancellation date     Termination date
------------------------------------------------------------------------
Arizona; Georgia; Uvalde      August 31...........  August 31.
 County, Texas, and all
 Texas Counties lying south
 thereof.
Umatilla County, Oregon; and  August 31...........  September 30.
 Walla Walla County,
 Washington.
All California Counties,      September 30........  September 30.
 except Lassen, Modoc, and
 Shasta.
All other states and          February 1..........  February 1.
 counties.
------------------------------------------------------------------------

* * * * *
6. Report of Acreage
* * * * *
13. Duties in the Event of Damage or Loss
* * * * *
    (b) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. We will conduct an appraisal that will be used to determine 
your production to count for production that is sold by direct 
marketing. If damage occurs after this appraisal, we will conduct an 
additional appraisal. These appraisals, and any acceptable records 
provided by you, will be used to determine your production to count. 
Failure to give timely notice that production will be harvested for 
direct marketing will result in an appraised amount of production to 
count that is not less than the production guarantee per acre if such 
failure results in our inability to make the required appraisal.
* * * * *
14. Settlement of Claim
* * * * *
    (b) * * *
    For Example:
    You have a 100 percent share in 100 acres of a unit of transplanted 
storage onions with a production guarantee of 200 hundredweight per 
acre, and you select 100 percent of the price election

[[Page 38896]]

of $20.00 per hundredweight. Your crop suffers a covered cause of loss 
on 25 acres during the second stage which has a second stage production 
guarantee of 60 percent of the final stage production guarantee which 
equals 120 hundredweight per acre. The appraised production on the 25 
acres was 2,500 hundredweight of onion production. Your harvested onion 
production on the remaining 75 acres is 16,000 hundredweight of 
harvested production to count. Your indemnity will be calculated as 
follows:
    (1) 25 acres x 120 hundredweight (200 x .60) second stage 
production guarantee = 3,000 hundredweight, and 75 acres x 200 
hundredweight final stage production guarantee = 15,000 hundredweight;
    (2) 3,000 hundredweight second stage production guarantee x $20.00 
price election = $60,000 value of second stage production guarantee, 
and 15,000 hundredweight final stage production guarantee x $20.00 
price election = $300,000 value of final stage production guarantee;
    (3) $60,000 value of second stage production guarantee + $300,000 
value of final stage production guarantee = $360,000 total value of 
production guarantee;
    (4) 500 hundredweight second stage production to count (from step 4 
of the section 14(c)(1)(iv) example) x $20.00 price election = $10,000 
value of second stage production to count, and 16,000 hundredweight 
final stage production to count x $20.00 price election = $320,000 
value of final stage production to count;
    (5) $10,000 value of second stage production to count + $320,000 
value of final stage production to count = $330,000 total value of 
production to count;
    (6) $360,000 total value of production guarantee - $330,000 total 
value of production to count = $30,000 value of loss; and
    (7) $30,000 x 100 percent share = $30,000 indemnity payment.
* * * * *

0
15. Amend Sec.  457.139 by:
0
a. In the undesignated introductory paragraph following the section 
heading, remove the year ``2013'' and add ``2024'' in its place;
0
b. In section 1:
0
i. In the definition of ``Allowable cost'', remove the words'' 
``Special Provisions'' and add ``actuarial documents'' in their place; 
and
0
ii. Revise the definition of ``Direct marketing''; and
0
iii. In the definition of ``Minimum value'', remove the words ``Special 
Provisions'' and add ``actuarial documents'' in their place;
0
c. In section 7, remove the words ``Actuarial Table'' and add 
``actuarial documents'' in their place;
0
d. In section 9, paragraph (b)(1), remove the colon behind the word 
``remains'';
0
e. In section 14:
0
i. In paragraph (c)(2)(i), remove the period after the word 
``Provisions'' and add a semi-colon in its place;
0
ii. In paragraphs (c)(3) and (4), remove the words ``Special 
Provisions'' and add ``actuarial documents'' in their place each time 
they occur; and
0
f. In section 16:
0
i. Revise the section 16 header; and
0
ii. In paragraphs (b)(1) and (2), remove the words ``Special 
Provisions'' and add ``actuarial documents'' in their place each time 
they occur.
    The revisions read as follows:


Sec.  457.139   Fresh Market Tomato Dollar Plan Crop Insurance 
Provisions.

* * * * *
1. Definitions
* * * * *
    Direct marketing. In addition to the definition contained in 
section 1 of the Basic Provisions, the sale of the insured crop 
directly to consumers without the intervention of an intermediary 
including a registered handler.
* * * * *
16. Minimum Value Option
* * * * *
    16. Amend Sec.  457.148 by:
    a. In the undesignated introductory paragraph following the section 
heading, remove the year ``1999'' and add ``2024'' in its place and 
remove the sentence ``If a conflict exists among the policy provisions, 
the order of priority is as follows: (1) The Catastrophic Risk 
Protection Endorsement, if applicable; (2) the Special Provisions; (3) 
these Crop Provisions; and (4) the Basic Provisions with (1) 
controlling (2), etc.'';
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. In the definition of ``Planted acreage'' remove the words ``the 
Basic Provisions'' and add ``section 1 of the Basic Provisions'' in 
their place;
0
c. Revise section 7;
0
d. In section 14, in paragraphs (c)(2) and (3), remove the words 
``Special Provisions'' and add ``actuarial documents'' in their place 
each time they occur; and
0
e. In section 16, in paragraphs (b)(1)(i) and (ii), remove the words 
``Special Provisions'' and add ``actuarial documents'' in their place 
each time they occur.
    The revisions read as follows:


Sec.  457.148   Fresh Market Pepper Crop Insurance Provisions.

* * * * *
7. Annual Premium
    In lieu of the premium amount determinations contained in section 7 
(Annual Premium and Administrative Fees) of the Basic Provisions (Sec.  
457.8), the annual premium amount for each cultural practice (for 
example, fall direct-seeded irrigated) is determined by multiplying the 
third stage amount of insurance per acre by the premium rate for the 
cultural practice as established in the actuarial documents, by the 
insured acreage, by your share at the time coverage begins, and by any 
applicable premium adjustment factors contained in the actuarial 
documents.
* * * * *

0
17. Amend Sec.  457.149 by:
0
a. In the undesignated introductory paragraph following the section 
heading, remove the year ``2010'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definitions of ``Adapted'' and ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2 paragraph (a)(2) and (b), remove the word ``serial'';
0
d. In section 3, revise the section heading;
0
e. In section 7:
0
i. Revise paragraph (e);
0
ii. Revise paragraph (f); and
0
f. In section 11:
0
i. Revise the section heading; and
0
ii. Revise paragraph (b).
    The revisions read as follows:


Sec.  457.149  Table grape crop insurance provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more crops are planted in 
any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
7. Insured Crop
* * * * *
    (e) That, after being set out or grafted, have reached the number 
of leaf years designated by the Special Provisions; and
    (f) That have produced an average of at least 150 lugs of table 
grapes per acre in at least one of the three crop years

[[Page 38897]]

immediately preceding the insured crop year, unless otherwise allowed 
by the Special Provisions.
* * * * *
11. Duties in the Event of Damage or Loss
* * * * *
    (b) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. We will conduct an appraisal that will be used to determine 
your production to count for production that is sold by direct 
marketing. If damage occurs after this appraisal, we will conduct an 
additional appraisal. These appraisals, and any acceptable records 
provided by you, will be used to determine your production to count. 
Failure to give timely notice that production will be harvested for 
direct marketing will result in an appraised amount of production to 
count of not less than the production guarantee per acre if such 
failure results in our inability to make the required appraisal.
* * * * *

0
18. Amend Sec.  457.153 by:
0
a. In the undesignated introductory paragraph following the section 
heading, remove the year ``2013'' and add ``2023'' in its place;
0
b. In section 1,
0
i. Remove the definition of ``Direct marketing'';
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2:
0
i. Revise the section heading; and
0
ii. In paragraph (b) remove the words ``as specified in the Special 
Provisions'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. Revise paragraph (b);
0
iii. In paragraph (c)(3), remove the words ``of trees'' and add ``of 
the trees'' in their place; and
0
iv. In paragraph (d)(3) remove ``12(c)(1)(ii)'' and add 
``12(c)(1)(ii))'' in its place;
0
e. Revise the section 6 header;
0
f. In section 7:
0
i. In paragraph (d), add the word ``and'' at the end;
0
ii. Revise paragraph (e);
0
iii. Remove paragraph (f); and
0
g. In section 11, revise paragraph (b)(2).
    The revisions read as follows:


Sec.  457.153  Peach Crop Insurance Provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more crops are planted in 
any form of alternating or mixed pattern.
* * * * *
2. Unit Division
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (b) You may select only one price election for all the peaches in 
the county insured under this policy unless the actuarial documents 
provide different price elections by fresh and processing peaches. If 
the actuarial documents provide different price elections, you may 
select a separate price election for all your fresh peaches and for all 
your processing peaches. If the actuarial documents do not provide 
different price elections, the price elections you choose for fresh 
peaches and processing peaches must have the same percentage 
relationship to the maximum price offered by us for fresh and 
processing peaches. For example, if you choose 100 percent of the 
maximum price election for fresh peaches, you must choose 100 percent 
of the maximum price election for processing peaches.
* * * * *
6. Report of Acreage
* * * * *
7. Insured Crop
* * * * *
    (e) That are grown on trees that have reached at least the fourth 
leaf year, unless otherwise allowed by the Special Provisions.
* * * * *
11. Duties in the Event of Damage or Loss
* * * * *
    (b) * * *
    (2) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested, unless you have records verifying that the direct market 
peaches were ``weighed and graded'' through a packing shed. Failure to 
give timely notice that production will be harvested for direct 
marketing will result in an appraised amount of production to count not 
less than the production guarantee per acre if such failure results in 
our inability to make the required appraisal.
* * * * *

0
19. Amend Sec.  457.159 by:
0
a. In the undesignated introductory paragraph following the section 
heading, remove the year ``2011'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading; and
0
ii. Add paragraph (d);
0
e. Revise the section 5 heading;
0
f. In section 6, revise paragraphs (b)(5) and (6);
0
g. In section 10, revise paragraph (b); and
0
h. In section 11, revise Scenario 1 and Scenario 2.
    The revisions read as follows:


Sec.  457.159   Stonefruit crop insurance provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more crops are planted in 
any form of alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (d) You may not increase your elected or assigned coverage level or 
the ratio of your price election to the maximum price election we offer 
if a cause of loss that could or would reduce the yield of the insured 
crop is evident prior to the time that you request the increase.
* * * * *
5. Cancellation and Termination Dates
* * * * *
6. Insured Crop
* * * * *
    (b) * * *
    (5) Have produced at least 200 lugs of fresh market production per 
acre, or at least 2.2 tons per acre for processing crops, in at least 
one of the four most recent actual production history crop years, 
unless otherwise allowed by the Special Provisions;
    (6) Have reached at least the fifth leaf year, including the fifth 
leaf year after grafting if grafting occurs after set out, unless 
otherwise allowed by the Special Provisions; and
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *

[[Page 38898]]

    (b) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. We will conduct an appraisal that will be used to determine 
your production to count for production that is sold by direct 
marketing. If damage occurs after this appraisal, we will conduct an 
additional appraisal. These appraisals, and any acceptable records 
provided by you, will be used to determine your production to count. 
Failure to give timely notice that production will be harvested for 
direct marketing will result in an appraised amount of production to 
count of not less than the production guarantee per acre if such 
failure results in our inability to make the required appraisal.
* * * * *
11. Settlement of Claim
* * * * *
    Scenario 1:
    You select 75 percent coverage level and 100 percent of the price 
election on 50.0 acres of Type A stonefruit with 100 percent share in 
the unit. The approved yield is 500.0 lugs per acre and the price 
election is $6.00 per lug. You harvest 5,000 lugs. Your indemnity would 
be calculated as follows:
    (1) 50.0 acres x 500.0 lugs x 0.75 = 18,750-lug production 
guarantee;
    (2) 18,750 lugs x $6.00 price election x 100 percent of the price 
election = $112,500 value of production guarantee;
    (4) 5,000 harvested lugs x $6.00 price election x 100 percent of 
the price election = $30,000 value of production to count;
    (6) $112,500 - $30,000 = $82,500 loss; and
    (7) $82,500 x 1.000 share = $82,500 indemnity payment.
    Scenario 2:
    In addition to the above information in Scenario 1, you have an 
additional 50.0 acres of Type B stonefruit with 100 percent share in 
the unit. The approved yield is 300.0 lugs per acre and the price 
election is $4.00 per lug. You harvest 3,000 lugs. Your indemnity would 
be calculated as follows:
    (1) 50.0 acres x 500.0 lugs x 0.75 Type A = 18,750-lug guarantee; 
and 50.0 acres x 300.0 lugs x 0.75 Type B = 11,250-lug guarantee;
    (2) 18,750 lugs x $6.00 price election x 100 percent of the price 
election = $112,500 value of guarantee for Type A; and 11,250 lugs x 
$4.00 price election x 100 percent of the price election = $45,000 
value of guarantee for Type B;
    (3) $112,500 + $45,000 = $157,500 total value of production 
guarantee;
    (4) 5,000 harvested lugs Type A x $6.00 price election x 100 
percent of the price election = $30,000 value of production to count; 
and 3,000 harvested lugs Type B x $4.00 price election x 100 percent of 
the price election = $12,000 value of production to count;
    (5) $30,000 + $12,000 = $42,000 total value of production to count;
    (6) $157,500 - $42,000 = $115,500 total loss; and
    (7) $115,500 loss x 1.000 share = $115,500 indemnity payment.
* * * * *

0
20. Amend Sec.  457.166 by:
0
a. In the undesignated introductory paragraph after the section 
heading, remove the year ``2005'' and add ``2023'' in its place and 
remove the sentence ``If a conflict exists among the policy provisions, 
the order of priority is as follows: (1) The Catastrophic Risk 
Protection Endorsement, if applicable; (2) the Special Provisions; (3) 
these Crop Provisions; and (4) the Basic Provisions with (1) 
controlling (2), etc.'';
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. Revise the section 3 heading;
0
d. In section 6, in paragraph (a)(2)(i), remove the word ``became'' and 
add ``become'' in its place;
0
e. In section 9, revise paragraph (a)(3); and
0
f. In section 10, in paragraph (b), revise the Example.
    The revisions read as follows:


Sec.  457.166   Blueberry crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
9. Duties in the Event of Damage or Loss
* * * * *
    (a) * * *
    (3) At least 15 calendar days before any production will be 
harvested if any portion of your crop will be direct marketed. We will 
conduct an appraisal that will be used to determine your production to 
count sold by direct marketing. If damage occurs after this appraisal, 
we will conduct an additional appraisal. These appraisals and 
acceptable records provided by you will be used to determine your 
production to count. Failure to give timely notice that production will 
be harvested for direct marketing will result in an appraised amount of 
production to count that is not less than the production guarantee per 
acre if such failure results in our inability to make the required 
appraisal.
* * * * *
10. Settlement of Claim
* * * * *
    (b) * * *
    Example for Section 10(b)
    You have 100 percent share in 25 acres of highbush blueberries with 
a production guarantee of 4,000 pounds per acre and a price election of 
$.90 per pound. You are only able to harvest 62,500 total pounds 
because adverse weather reduced the yield. Your indemnity would be 
calculated as follows:
    A. 25 acres x 4,000 pound production guarantee/acre = 100,000 pound 
total production guarantee;
    B. 100,000 pounds x $.90 price election = $90,000 guarantee;
    C. One type only, so same as (2) above, $90,000;
    D. 62,500 pounds production to count x $.90 price election = 
$56,250 value of production to count;
    E. One type only, so same as (4) above, $56,250;
    F. $90,000 - $56,250 = $33,750 loss; and
    G. $33,750 x 100 percent share = $33,750 indemnity payment.
    End of Example.
* * * * *

0
21. Amend Sec.  457.167 by:
0
a. In the undesignated introductory paragraph following the section 
heading, remove the year ``2014'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Revise the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. Revise the section 2 heading;
0
d. Revise the section 3 heading;
0
e. In section 8:
0
i. In paragraph (d), remove the words ``we inspect and allow 
insurance'' and add ``otherwise allowed'' in their place;
0
ii. In paragraph (f), remove the words ``allowed by written agreement'' 
and add ``otherwise allowed by the Special Provisions'' in their place; 
and
0
iii. In paragraph (g), add ``otherwise'' after the word ``unless'';
0
f. In section 10, revise the paragraph (a)(1);
0
g. In section 12(b), remove the words ``will be sold by'' and add 
``will be harvested for'' in their place each time they occur; and
0
h. In section 16, remove the words ``Not withstanding'' and add 
``Notwithstanding'' in its place.
    The revisions read as follows:


Sec.  457.167  Pecan revenue crop insurance provisions.

* * * * *
1. Definitions
* * * * *

[[Page 38899]]

    Direct marketing. In addition to the definition contained in 
section 1 of the Basic Provisions, the sale of the insured crop 
directly to consumers without the intervention of an intermediary 
including a sheller. An additional example of direct marketing includes 
shelling and packing your own pecans.
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage on which two or more crops are planted in 
any form of alternating or mixed pattern.
* * * * *
2. Unit Division
* * * * *
3. Insurance Guarantees and Coverage Levels
* * * * *
10. Insurance Period
    (a) * * *
    (1) Coverage begins on February 1 of each crop year. However, for 
the year of application, we will inspect all pecan acreage and will 
notify you if your application was accepted or not accepted, no later 
than 30 days after the sales closing date. If we fail to notify you by 
that date, your application will be accepted unless other grounds exist 
to not accept the application, as specified in section 2 of the Basic 
Provisions. You must provide any information that we require for the 
crop or to determine the condition of the orchard.
* * * * *

0
22. Amend Sec.  457.171 by:
0
a. Revise the undesignated introductory paragraph following the section 
heading;
0
b. In section 1, remove the definition of ``Direct marketing'';
0
c. In section 3:
0
i. Revise the section heading; and
0
ii. In paragraph (a), remove the words ``Special Provisions'' and add 
``actuarial documents'' in their place each time they appear;
0
d. In section 4:
0
i. Revise paragraph (a);
0
ii. Revise paragraph (b); and
0
iii. In paragraph (c), remove the words ``Special Provisions'' and add 
``actuarial documents'' in their place;
0
e. In section 5 revise the table;
0
f. In section 9:
0
i. In paragraph (b)(2)(iii) remove the words ``Brooks, Colquitt, Tift, 
Toombs Counties,''
0
ii. Revise paragraphs (b)(2)(iv) and (v);
0
iii. Revise paragraph (b)(2)(vii);
0
iv. Add the word ``and'' after the semi-colon in paragraph 
(b)(2)(ix)(A);
0
v. Remove paragraph (b)(2)(ix)(B);
0
vi. Redesignate paragraph (b)(2)(ix)(C) as paragraph (b)(2)(ix)(B); and
0
g. Revise the section 12 heading.
    The revisions read as follows:


Sec.  457.171  Cabbage Crop Insurance Provisions.

    The Cabbage Crop Insurance Provisions for the 2023 and succeeding 
crop years in counties with a contract change date of November 30, and 
for the 2024 and succeeding crop years in counties with a contract 
change date of April 30, are as follows:
    FCIC policies: United States Department of Agriculture, Federal 
Crop Insurance Corporation.
    Reinsured policies: (Appropriate title for insurance provider).
    Both FCIC and reinsured policies: Cabbage Crop Insurance 
Provisions.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
4. Contract Changes
* * * * *
    (a) April 30 in Florida; Georgia; and Texas;
    (b) November 30 in Alaska; Michigan; New Jersey, New York; North 
Carolina; Ohio; Oregon; Pennsylvania; Virginia; Washington; and 
Wisconsin; or
* * * * *
5. Cancellation and Termination Dates
* * * * *

------------------------------------------------------------------------
                                           Cancellation and termination
           State and counties                          dates
------------------------------------------------------------------------
Georgia, Texas..........................  July 1.
Florida.................................  August 15.
Oregon, Washington......................  February 1.
North Carolina..........................  February 28.
Alaska, Michigan, New Jersey, New York,   March 15.
 Ohio, Pennsylvania, Virginia, and
 Wisconsin.
All other states and counties...........  As designated in the Special
                                           Provisions.
------------------------------------------------------------------------

* * * * *
9. Insurance Period
* * * * *
    (b) * * *
    (2) * * *
    (iv) Michigan, New Jersey, and Ohio:
    (A) September 30 for the spring planting period; and
    (B) November 25 for the summer planting period;
    (v) New York and Pennsylvania: November 25;
* * * * *
    (vii) Oregon:
    (A) March 1 for all fall Red (Fresh) and Green (Fresh) types; and
    (B) December 31 for all other types and planting periods;
* * * * *
12. Duties in the Event of Damage or Loss
* * * * *

0
23. Amend Sec.  457.173 by:
0
a. In the undesignated introductory paragraph following the section 
heading, remove the year ``2011'' and add ``2023'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. In the definition of ``Type'', remove the words ``Either early 
varieties or'' and add ``Early varieties, mid varieties, or'' in their 
place;
0
c. In section 2, remove the word ``serial'';
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (a)(3)(i), remove the words ``varieties of'' and add 
``varieties and mid varieties of'' in their place; and
0
iii. In paragraph (b), remove the words ``Special Provisions'' and add 
``actuarial documents'' in their place each time they appear;
0
e. In section 6, paragraph (b)(1), remove the words ``growing season 
after set out'' and add ``leaf year'' in their place; and
0
f. In section 10:
0
i. Revise paragraph (a) introductory text; and
0
ii. In paragraph (a)(2), remove the words ``sold by'' and add 
``harvested for'' in their place.
    The revisions read as follows:

[[Page 38900]]

Sec.  457.173   Florida Avocado crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices.
* * * * *
10. Duties in the Event of Damage or Loss.
    In addition to the requirements of section 14 of the Basic 
Provisions, the following will apply:
    (a) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested.
* * * * *

0
24. Amend Sec.  457.175 by:
0
a. In the undesignated introductory paragraph, remove the year ``2020'' 
and add ``2024'' in its place;
0
b. In section 1:
0
i. Remove the definition of ``Direct marketing''; and
0
ii. Revise the definition of ``Interplanted'';
0
c. Revise the section 3 heading;
0
d. In section 6, in paragraph (b), remove the words ``growing season 
after set out'' and add ``leaf year'' in their place;
0
e. In section 10, paragraph (a), revise the first sentence; and
0
f. In section 11, paragraph(b)(3), remove ``11(c)'' and add ``11(c))'' 
in its place.
    The revisions read as follows:


Sec.  457.175  California avocado crop insurance provisions.

* * * * *
1. Definitions
* * * * *
    Interplanted. In lieu of the definition contained in section 1 of 
the Basic Provisions, acreage in which two or more crops are planted in 
any form of an alternating or mixed pattern.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
10. Duties in the Event of Damage or Loss
* * * * *
    (a) If any portion of your crop will be direct marketed, you must 
notify us at least 15 calendar days before any production will be 
harvested. * * *
* * * * *

Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2022-13411 Filed 6-29-22; 8:45 am]
BILLING CODE 3410-08-P


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