Common Crop Insurance Regulations; Macadamia Tree Crop Insurance Provisions Correcting Amendment, 48003-48004 [2015-19465]
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rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
Register on October 27, 2014 (79 FR
63807–63809, Docket No. APHIS–2013–
0059), and effective on November 26,
2014, we amended the regulations
concerning the importation of citrus
fruit (referred to below as the
regulations) to remove certain
restrictions on the importation of Unshu
oranges from Japan. Among other
changes, we removed a requirement
from the regulations that required the
oranges to be grown in export areas in
Japan that are free of citrus canker
(Xanthomonas citri subsp. citri, referred
to as Xcc), with buffer zones that are
similarly free of Xcc, based on joint
inspection by the Government of Japan
and the Animal and Plant Health
Inspection Service (APHIS). We also
removed a requirement from the
regulations that required the national
plant protection organization (NPPO) of
Japan and APHIS to jointly inspect fruit
in the groves prior to and during
harvest, as well as in the packinghouses
during packinghouse operations. We
removed these requirements in order to
make our regulations concerning the
importation of Unshu oranges from
Japan consistent with our domestic
regulations concerning the interstate
movement of citrus fruit from areas
quarantined for citrus canker, which do
not require APHIS oversight of grove or
packinghouse inspections.
As a result of the rule, APHIS
believed that its presence in Japan to
help oversee the export program for
Unshu oranges to the United States was
no longer necessary. Accordingly, we
recalled inspectors assigned to that
program to the United States.
However, our final rule retained
provisions in the regulations that
required Unshu oranges imported from
Shikoku and Honshu Islands in Japan to
be fumigated with methyl bromide in
accordance with 7 CFR part 305 after
harvest and prior to export to the United
States, if the oranges are to be imported
into Arizona, California, Florida,
Hawaii, Louisiana, or Texas, all of
which have significant commercial
citrus production. We also retained
provisions of the regulations that
prohibited Unshu oranges from Shikoku
or Honshu Island that have not been
fumigated with methyl bromide in
accordance with 7 CFR part 305 from
being imported into Arizona, California,
Florida, Hawaii, Louisiana, or Texas.
Within part 305, § 305.4 requires any
treatment performed outside of the
United States to be monitored and
certified by inspector or an official
authorized by APHIS, and further
www.regulations.gov/#!docketDetail;D=APHIS2013-0059.
VerDate Sep<11>2014
15:24 Aug 10, 2015
Jkt 235001
provides that all treatments are subject
to monitoring and verification by
APHIS.
As a matter of APHIS policy, we
currently require chemical treatments
performed outside the United States to
be monitored and certified by APHIS
inspectors and do not authorize other
officials to perform such functions in
our absence. Accordingly, when we
recalled APHIS inspectors assigned to
the export program for Unshu oranges to
the United States from Japan, we
effectively precluded Shikoku and
Honshu Islands from administering the
methyl bromide treatment required by
the regulations for citrus destined to
Arizona, California, Florida, Hawaii,
Louisiana, or Texas. We thus
inadvertently prohibited the two islands
from shipping Unshu oranges to those
States.
This was not our intent. Therefore, we
are amending the regulations to allow
Unshu oranges from Shikoku or Honshu
Islands to be fumigated with methyl
bromide at the port of entry into
Arizona, California, Florida, Hawaii,
Louisiana, or Texas. We are also
amending the regulations to allow such
oranges to be shipped to Arizona,
California, Florida, Hawaii, Louisiana,
or Texas without prior methyl bromide
fumigation, provided that they are
fumigated at the port of entry in
Arizona, California, Florida, Hawaii,
Louisiana, or Texas.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we are amending 7 CFR
part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.28 is amended by
revising paragraphs (b)(6) and (b)(8)(ii)
to read as follows:
■
§ 319.28
Notice of quarantine.
*
*
*
*
*
(b) * * *
(6) To be eligible for importation into
Arizona, California, Florida, Hawaii,
Louisiana, or Texas, each shipment of
oranges grown on Honshu Island or
Shikoku Island, Japan, must be
fumigated with methyl bromide in
accordance with part 305 of this chapter
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
48003
either after harvest and prior to
exportation to the United States, or
upon arrival at the port of entry in
Arizona, California, Florida, Hawaii,
Louisiana, or Texas. Fumigation will not
be required for shipments of oranges
grown on Honshu Island or Shikoku
Island, Japan, that are to be imported
into States other than Arizona,
California, Florida, Hawaii, Louisiana,
or Texas.
*
*
*
*
*
(8) * * *
(ii)(A) Unshu oranges from Honshu
Island or Shikoku Island, Japan, may not
be imported into American Samoa,
Northern Mariana Islands, Puerto Rico,
or the U.S. Virgin Islands.
(B) Unshu oranges from Kyushu
Island, Japan (Prefectures of Fukuoka,
Kumanmoto, Nagasaki, and Saga only)
that have not been fumigated in
accordance with part 305 of this chapter
may not be imported into American
Samoa, Arizona, California, Florida,
Hawaii, Louisiana, the Northern
Mariana Islands, Puerto Rico, Texas, or
the U.S. Virgin Islands.
*
*
*
*
*
Done in Washington, DC, this 5th day of
August 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2015–19698 Filed 8–10–15; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket No. FCIC–14–0004]
RIN 0563–AC44
Common Crop Insurance Regulations;
Macadamia Tree Crop Insurance
Provisions Correcting Amendment
Federal Crop Insurance
Corporation, USDA.
ACTION: Final rule; correcting
amendment.
AGENCY:
This document contains
necessary amendments for addressing
potential ambiguities in the final
regulation for Macadamia Tree Crop
Insurance Provisions, which was
published on April 16, 2015 (80 FR
20407–20413).
DATES: This rule is effective August 11,
2015.
FOR FURTHER INFORMATION CONTACT: Tim
Hoffmann, Director, Product
Administration and Standards Division,
SUMMARY:
E:\FR\FM\11AUR1.SGM
11AUR1
48004
Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
Risk Management Agency, United States
Department of Agriculture, Beacon
Facility, Stop 0812, Room 421, P.O. Box
419205, Kansas City, MO 64141–6205,
telephone (816) 926–7730.
SUPPLEMENTARY INFORMATION:
Background
The final regulation subject to this
amendment revised the Common Crop
Insurance Regulations, Macadamia Tree
Crop Insurance Provisions. The final
regulation was published April 16, 2015
(80 FR 20407–20413).
rmajette on DSK2TPTVN1PROD with RULES
Need for Amendment
15:24 Aug 10, 2015
List of Subjects in 7 CFR Part 457
Crop insurance, Macadamia tree,
Reporting and recordkeeping
requirements, Amendment of
publication.
Accordingly, 7 CFR part 457 is
amended by making the following
correcting amendments:
Jkt 235001
Signed in Washington, DC, on July 31,
2015.
Brandon Willis,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2015–19465 Filed 8–10–15; 8:45 am]
BILLING CODE 3410–08–P
DEPARTMENT OF ENERGY
10 CFR Part 430
PART 457—COMMON CROP
INSURANCE REGULATIONS
[Docket Number EERE–2015–BT–STD–
0017]
1. The authority citation for 7 CFR
part 457 continues to read as follows:
RIN 1904–AD55
■
As published, language in the final
regulation for Macadamia Tree Crop
Insurance Provisions may require
clarification to ensure proper
application of the policy provisions.
Sections 11(b)(3)(ii)(A) and (B) of the
Macadamia Tree Crop Insurance
Provisions may lack information or
explanation needed to properly
calculate an indemnity. Section
11(b)(3)(ii)(A) has been clarified to note
that the result in this provision must
also be multiplied by 100 to clearly
represent the percentage of destroyed
trees. Section 11(b)(3)(ii)(B) states the
loss adjuster must take the number of
damaged trees and divide by the total
number of trees to calculate the percent
of damage. However, the loss adjuster
must also determine the percent of
damage for each damaged tree within
the overall loss calculation formula,
when at least some damage (rather than
solely complete destruction) is at issue.
As a result, a description of specific
additional steps is necessary under
section 11(b)(3)(ii)(B) to clarify this
issue.
In addition, section 11(c)(1) of the
Macadamia Tree Crop Insurance
Provisions was revised to change the
provision from ’’ . . . over 80 percent
actual damage due to an insured cause
of loss will be considered to be 100
percent damaged’’ to ’’ . . . over 80
percent of the actual trees damaged or
destroyed due to an insured cause of
loss will be considered to be 100
percent damaged . . . ’’ This change
may have appeared to require the loss
adjuster to determine whether the
orchard was damaged more than 80
percent solely by counting the number
of trees damaged or destroyed, without
calculating the actual damage to
individual trees. That application was
not FCIC’s intent. It is FCIC’s intent that
actual damage to each individual tree,
in addition to the total number and
percentage of actual damaged trees, are
both used among other factors (such as
destroyed trees when applicable) to
VerDate Sep<11>2014
determine whether the orchard is
damaged more than 80 percent.
Authority: 7 U.S.C. 1506(1) and 1506(o).
2. In § 457.130, under the heading 11.
Settlement of Claim, revise paragraphs
(b)(3)(ii)(A) and (B) paragraph (c) to read
as follows:
■
§ 457.130 Macadamia tree crop insurance
provisions.
*
*
*
*
11. Settlement of Claim
*
*
*
*
(b) * * *
(3) * * *
(ii) * * *
(A) For destroyed trees, divide the
number of trees destroyed by the total
number of trees and multiply by 100 to
calculate the percent of loss;
(B) For damaged trees:
(1) Divide the number of trees
damaged by the total number of trees
(both damaged and undamaged) to
calculate the amount of damage;
(2) Divide the number of damaged
scaffold limbs by the total number of
scaffold limbs on each damaged tree to
calculate the amount of damage for each
damaged tree;
(3) Total the results in (b)(3)(ii)(B)(2);
(4) Divide the result of (b)(3)(ii)(B)(3)
by the number of damaged trees;
(5) Multiply the result of
(b)(3)(ii)(B)(1) by the result of
(b)(3)(ii)(B)(4), then multiply that result
by 100 to calculate the percent of loss;
and
*
*
*
*
*
(c) * * *
(1) Any orchard with damage,
destruction, or combined damage and
destruction, that results in a total
percent of loss greater than 80 percent
due to an insured cause of loss will be
considered to be 100 percent damaged
and/or destroyed; and
*
*
*
*
*
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
Congress created a new
definition and energy conservation
standard for grid-enabled water heaters
in the Energy Efficiency Improvement
Act of 2015, which amended the Energy
Policy and Conservation Act of 1975
(EPCA). The Department of Energy
(DOE) is publishing this final rule to
place in the Code of Federal Regulations
(CFR) the energy conservation
standards, and related definitions, and
to explain its interpretation of the new
language. This final rule will implement
these amendments to EPCA.
DATES: Effective Date: August 11, 2015.
FOR FURTHER INFORMATION CONTACT:
Ms. Ashley Armstrong, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, EE–2J,
1000 Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 586–6590. Email:
Ashley.Armstrong@ee.doe.gov.
Ms. Johanna Hariharan, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 287–6307. Email:
Johanna.Hariharan@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
*
*
Energy Conservation Program for
Consumer Products: Definitions and
Standards for Grid-Enabled Water
Heaters
Table of Contents
I. Introduction
A. Authority
B. Background
C. New Legislation
II. Summary of Final Rule
A. Standards for Grid-Enabled Water
Heaters
B. Enforcement Provisions for GridEnabled Water Heaters
E:\FR\FM\11AUR1.SGM
11AUR1
]]>Agencies
[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48003-48004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19465]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket No. FCIC-14-0004]
RIN 0563-AC44
Common Crop Insurance Regulations; Macadamia Tree Crop Insurance
Provisions Correcting Amendment
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains necessary amendments for addressing
potential ambiguities in the final regulation for Macadamia Tree Crop
Insurance Provisions, which was published on April 16, 2015 (80 FR
20407-20413).
DATES: This rule is effective August 11, 2015.
FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Director, Product
Administration and Standards Division,
[[Page 48004]]
Risk Management Agency, United States Department of Agriculture, Beacon
Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141-
6205, telephone (816) 926-7730.
SUPPLEMENTARY INFORMATION:
Background
The final regulation subject to this amendment revised the Common
Crop Insurance Regulations, Macadamia Tree Crop Insurance Provisions.
The final regulation was published April 16, 2015 (80 FR 20407-20413).
Need for Amendment
As published, language in the final regulation for Macadamia Tree
Crop Insurance Provisions may require clarification to ensure proper
application of the policy provisions. Sections 11(b)(3)(ii)(A) and (B)
of the Macadamia Tree Crop Insurance Provisions may lack information or
explanation needed to properly calculate an indemnity. Section
11(b)(3)(ii)(A) has been clarified to note that the result in this
provision must also be multiplied by 100 to clearly represent the
percentage of destroyed trees. Section 11(b)(3)(ii)(B) states the loss
adjuster must take the number of damaged trees and divide by the total
number of trees to calculate the percent of damage. However, the loss
adjuster must also determine the percent of damage for each damaged
tree within the overall loss calculation formula, when at least some
damage (rather than solely complete destruction) is at issue. As a
result, a description of specific additional steps is necessary under
section 11(b)(3)(ii)(B) to clarify this issue.
In addition, section 11(c)(1) of the Macadamia Tree Crop Insurance
Provisions was revised to change the provision from '' . . . over 80
percent actual damage due to an insured cause of loss will be
considered to be 100 percent damaged'' to '' . . . over 80 percent of
the actual trees damaged or destroyed due to an insured cause of loss
will be considered to be 100 percent damaged . . . '' This change may
have appeared to require the loss adjuster to determine whether the
orchard was damaged more than 80 percent solely by counting the number
of trees damaged or destroyed, without calculating the actual damage to
individual trees. That application was not FCIC's intent. It is FCIC's
intent that actual damage to each individual tree, in addition to the
total number and percentage of actual damaged trees, are both used
among other factors (such as destroyed trees when applicable) to
determine whether the orchard is damaged more than 80 percent.
List of Subjects in 7 CFR Part 457
Crop insurance, Macadamia tree, Reporting and recordkeeping
requirements, Amendment of publication.
Accordingly, 7 CFR part 457 is amended by making the following
correcting amendments:
PART 457--COMMON CROP INSURANCE REGULATIONS
0
1. The authority citation for 7 CFR part 457 continues to read as
follows:
Authority: 7 U.S.C. 1506(1) and 1506(o).
0
2. In Sec. 457.130, under the heading 11. Settlement of Claim, revise
paragraphs (b)(3)(ii)(A) and (B) paragraph (c) to read as follows:
Sec. 457.130 Macadamia tree crop insurance provisions.
* * * * *
11. Settlement of Claim
* * * * *
(b) * * *
(3) * * *
(ii) * * *
(A) For destroyed trees, divide the number of trees destroyed by
the total number of trees and multiply by 100 to calculate the percent
of loss;
(B) For damaged trees:
(1) Divide the number of trees damaged by the total number of trees
(both damaged and undamaged) to calculate the amount of damage;
(2) Divide the number of damaged scaffold limbs by the total number
of scaffold limbs on each damaged tree to calculate the amount of
damage for each damaged tree;
(3) Total the results in (b)(3)(ii)(B)(2);
(4) Divide the result of (b)(3)(ii)(B)(3) by the number of damaged
trees;
(5) Multiply the result of (b)(3)(ii)(B)(1) by the result of
(b)(3)(ii)(B)(4), then multiply that result by 100 to calculate the
percent of loss; and
* * * * *
(c) * * *
(1) Any orchard with damage, destruction, or combined damage and
destruction, that results in a total percent of loss greater than 80
percent due to an insured cause of loss will be considered to be 100
percent damaged and/or destroyed; and
* * * * *
Signed in Washington, DC, on July 31, 2015.
Brandon Willis,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2015-19465 Filed 8-10-15; 8:45 am]
BILLING CODE 3410-08-P
