Common Crop Insurance Regulations; Extra Long Staple Cotton Crop Provisions, 70850-70852 [2010-29250]

Download as PDF 70850 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules 6. In newly designated § 630.1207, redesignate paragraphs (c) through (f) as paragraphs (d) through (g), respectively, and add a new paragraph (c) to read as follows: § 630.1207 Notice of leave. * * * * * (c) If the need for leave taken under § 630.1203(a)(5) is foreseeable, the employee must provide notice as soon as practicable, regardless of how far in advance such leave is being requested. * * * * * 7. In newly designated § 630.1208, revise paragraph (k) to read as follows: § 630.1208 Medical certification. * * * * * (k) To ensure the security and confidentiality of any written medical certification under §§ 630.1208 or 630.1210(h) of this part, the medical certification shall be subject to the provisions for safeguarding information about individuals under subpart A or part 293 of this chapter. 8. Further redesignate newly designated §§ 630.1209 through 630.1212 as §§ 630.1210 through 630.1213, respectively, and add new § 630.1209 to read as follows: emcdonald on DSK2BSOYB1PROD with PROPOSALS § 630.1209 Certification for leave taken because of a qualifying exigency. (a) Active duty orders. The first time an employee requests leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty status of a covered military member, an agency may require the employee to provide a copy of the covered military member’s active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to covered active duty status, and the dates of the covered military member’s active duty service. This information need only be provided to the agency once. A copy of new active duty orders or other documentation issued by the military must be provided to the agency if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty status of the same or a different covered military member. (b) Required information. An agency may require that leave for any qualifying exigency specified in § 630.1204 be supported by a certification from the employee that sets forth the following information: (1) A statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency for which FMLA leave is requested. The VerDate Mar<15>2010 17:04 Nov 18, 2010 Jkt 223001 facts must be sufficient to support the need for leave. Such facts include the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave, such as a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official, or a copy of a bill for services for the handling of legal or financial affairs; (2) The approximate date on which the qualifying exigency commenced or will commence; (3) If an employee requests leave because of a qualifying exigency for a single, continuous period of time, the beginning and end dates for such absence; (4) If an employee requests leave because of a qualifying exigency on an intermittent or reduced leave schedule basis, an estimate of the frequency and duration of the qualifying exigency; and (5) If the qualifying exigency involves meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting (such as the name, title, organization, address, telephone number, fax number, and email address) and a brief description of the purpose of the meeting. (c) Verification. If an employee submits a complete and sufficient certification to support his or her request for leave because of a qualifying exigency, the agency may not request additional information from the employee. However, the agency may verify the information described in paragraphs (c)(1) and (c)(2) of this section and does not need the employee’s permission to do so. (1) If the qualifying exigency involves meeting with a third party, the agency may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and the nature of the meeting between the employee and the specified individual or entity. (2) An agency may contact an appropriate unit of the Department of Defense to request verification that a covered military member is on covered active duty or call to covered active duty status. 9. In newly designated § 630.1210, revise the last three sentences in paragraph (h) and all of paragraph (l) to read as follows: § 630.1210 benefits. Protection of employment and * * PO 00000 * Frm 00006 * Fmt 4702 * Sfmt 4702 (h) * * * The same conditions for verifying the adequacy of a medical certification in § 630.1208(c) shall apply to the medical certification to return to work. No second or third opinion on the medical certification to return to work may be required. An agency may not require a medical certification to return to work during the period the employee takes leave intermittently or under a reduced leave schedule under § 630.1205. * * * * * (l) An employee who does not comply with the notification requirements in § 630.1207 and does not provide medical certification signed by the health care provider that includes all of the information required in § 630.1208(b) is not entitled to family and medical leave. 10. In § 630.1213, revise paragraph (b)(3) to read as follows: § 630.1213 Records and reports. * * * * * (b) * * * (3) The number of hours of leave taken under § 630.1203(a), including any paid leave substituted for leave without pay under § 630.1206(b); and * * * * * [FR Doc. 2010–29275 Filed 11–18–10; 8:45 am] BILLING CODE 6325–39–P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563–AC27 Common Crop Insurance Regulations; Extra Long Staple Cotton Crop Provisions Federal Crop Insurance Corporation, USDA. ACTION: Proposed rule with request for comments. AGENCY: The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations, Extra Long Staple Cotton Crop Insurance Provisions to remove all references to the Daily Spot Cotton Quotation and replace the reference with the National Average Loan Rate published by the Farm Service Agency (FSA), to incorporate a current Special Provisions statement into the Crop Provisions, and to make the Extra Long Staple Cotton Crop Insurance Provisions consistent with the Upland Cotton Crop Insurance Provisions. The intended effect of this action is to provide policy changes, to clarify existing policy SUMMARY: E:\FR\FM\19NOP1.SGM 19NOP1 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules provisions to better meet the needs of the producers, and to reduce vulnerability to program fraud, waste, and abuse. The changes will apply for the 2012 and succeeding crop years. DATES: Written comments and opinions on this proposed rule will be accepted until close of business January 18, 2011 and will be considered when the rule is to be made final. ADDRESSES: Interested persons are invited to submit written comments, titled ‘‘Extra Long Staple Cotton Crop Provisions,’’ by any of the following methods: • By Mail to: Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141–6205. • By Express Mail to: Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, 9240 Troost Avenue, Kansas City, MO 64131–3055. • E-mail: DirectorPDD@rma.usda.gov. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. A copy of each response will be available for public inspection and copying from 7 a.m. to 4:30 p.m., CST, Monday through Friday, except holidays, at the above address. FOR FURTHER INFORMATION CONTACT: Claire White, Economist, Product Management, Product Administration and Standards Division, Risk Management Agency, at the Kansas City, MO, address listed above, telephone (816) 926–7730. SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget (OMB) has determined that this rule is non-significant for the purpose of Executive Order 12866 and, therefore, it has not been reviewed by OMB. emcdonald on DSK2BSOYB1PROD with PROPOSALS Paperwork Reduction Act of 1995 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control number 0563–0053 through March 31, 2012. E-Government Act Compliance FCIC is committed to complying with the E-Government Act of 2002, to promote the use of the Internet and other information technologies to provide increased opportunities for VerDate Mar<15>2010 17:04 Nov 18, 2010 Jkt 223001 citizen access to Government information and services, and for other purposes. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees and compute premium amounts, and all producers are required to submit a notice of loss and production information to determine the amount of an indemnity payment in the event of an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have an impact on small entities, and therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 70851 Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983. Executive Order 12988 This proposed rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or action by FCIC to require the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. Environmental Evaluation This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. Background FCIC proposes to revise 7 CFR part 457, Common Crop Insurance Regulations, by revising § 457.105 (Extra Long Staple Cotton Crop Insurance Provisions). Requests have been made for changes to improve the coverage offered, address program integrity issues, and simplify program administration. The provisions will be effective for the 2012 and succeeding crop years. The proposed changes to § 457.105 are as follows: 1. FCIC proposes to remove the paragraph immediately preceding section 1 which refers to the order of priority in the event of a conflict. This same information is contained in the Basic Provisions. Therefore, it is duplicative and should be removed in the Crop Provisions. 2. Section 10—FCIC proposes to revise the format of section 10(d) to make the provisions easier to read. FCIC proposes to remove in section 10(d) all references to the Daily Spot Cotton Quotation and related language E:\FR\FM\19NOP1.SGM 19NOP1 70852 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Proposed Rules and replace it with a reference to the Extra Long Staple Cotton National Average Loan Rate determined by FSA. The Daily Spot Cotton Quotation is a price published daily, whereas the Extra Long Staple Cotton National Average Loan Rate is a price published annually. Because the Daily Spot Cotton Quotation values change daily, this method was time-consuming, cumbersome, and burdensome for cotton producers and loss adjusters. For this reason, FCIC is proposing to utilize the Extra Long Staple Cotton National Average Loan Rate for quality adjustment purposes. This same change was made to the Upland Cotton Crop Insurance Provisions beginning with the 2011 crop year. This change makes the Extra Long Staple and Upland Cotton Crop Provisions consistent. FCIC also proposes to change the percentage of Price B from 75 percent to 85 percent in sections 10(d) and 10(d)(3). This does not change the existing terms of the policy because the change was already implemented in the Special Provisions. FCIC is proposing to move the provision to the Crop Provisions because the change is being implemented in all areas where ELS cotton is available. FCIC proposes to remove in section 10(f) all references to the Daily Spot Cotton Quotation and replace it with a reference to the Upland Cotton National Average Loan Rate and the Extra Long Staple Cotton National Average Loan Rate determined by FSA. FCIC also proposes to remove the language regarding the price quotations contained in the Daily Spot Cotton Quotations published on the date the last bale from the unit is classed and the language regarding price quotations being unavailable. The Daily Spot Cotton Quotation is a price published daily, whereas the Extra Long Staple Cotton National Average Loan Rate is a price published annually. Therefore, it is not necessary to include information regarding specific dates upon which it will be based. emcdonald on DSK2BSOYB1PROD with PROPOSALS List of Subjects in 7 CFR Part 457 Crop insurance, Extra long staple cotton, Reporting and recordkeeping requirements. Proposed Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation proposes to amend 7 CFR part 457 effective for the 2012 and succeeding crop years to read as follows: VerDate Mar<15>2010 17:04 Nov 18, 2010 Jkt 223001 PART 457—COMMON CROP INSURANCE REGULATIONS DEPARTMENT OF ENERGY 1. The authority citation for 7 CFR part 457 continues to read as follows: [Docket No. EERE–2010–BT–STD–0037] Authority: 7 U.S.C. 1506(1), 1506(o). 2. Amend § 457.105 as follows: a. Amend the introductory text by removing ‘‘1998’’ and adding ‘‘2012’’ in its place; b. Remove the undesignated paragraph immediately preceding section 1. c. Amend section 10 by: i. Revising section 10(d); and ii. Revising section 10(f). The revisions read as follows: § 457.105 Extra long staple cotton crop insurance provisions. * * * * * 10. Settlement of Claim. * * * * * (d) Mature ELS cotton production may be adjusted for quality when production has been damaged by insured causes. Such production to count will be reduced if Price A is less than 85 percent of Price B. (1) Price B is defined as the Extra Long Staple Cotton National Average Loan Rate determined by FSA, or as specified in the Special Provisions. (2) Price A is defined as the loan value per pound for the bale determined in accordance with the FSA Schedule of Premiums and Discounts for the applicable crop year, or as specified in the Special Provisions. (3) If eligible for quality adjustment, the amount of production to be counted will be determined by multiplying the number of pounds of such production by the factor derived from dividing Price A by 85 percent of Price B. * * * * * (f) Any AUP cotton harvested or appraised from acreage originally planted to ELS cotton in the same growing season will be reduced by the factor obtained by dividing the price per pound for AUP cotton by the price per pound for ELS cotton. The prices used for AUP and ELS cotton will be calculated using the Upland Cotton National Average Loan Rate and the Extra Long Staple Cotton National Average Loan Rate determined by FSA, or as specified in the Special Provisions. * * * * * Signed in Washington, DC, on November 15, 2010. William J. Murphy, Manager, Federal Crop Insurance Corporation. [FR Doc. 2010–29250 Filed 11–18–10; 8:45 am] BILLING CODE 3410–08–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 10 CFR Part 431 RIN 1904–AC39 Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework Document for Automatic Commercial Ice-Makers Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of public meeting and availability of the framework document. AGENCY: The U.S. Department of Energy (DOE) is initiating a rulemaking and data collection process to consider amended energy conservation standards for automatic commercial ice-makers. DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and issues it will address in this rulemaking proceeding. DOE welcomes written comments and relevant data from the public on any subject within the scope of this rulemaking. To inform interested parties and to facilitate this process, DOE has prepared a framework document that details the analytical approach and identifies several issues on which DOE is particularly interested in receiving comments. DATES: DOE will hold a public meeting on Thursday, December 16, 2010 from 9 a.m. to 4 p.m. in Washington, DC. Additionally, DOE plans to conduct the public meeting via webinar. Registration information, participant instructions, and information about the capabilities available to webinar participants will be published on the following Web site https://www1.gotomeeting.com/register/ 782074929. Participants are responsible for ensuring that their systems are compatible with the webinar software. DOE must receive requests to speak at the public meeting before 4 p.m., Thursday, December 2, 2010. DOE must receive an electronic copy of the statement with the name and, if appropriate, the organization of the presenter to be given at the public meeting before 4 p.m., Thursday, December 9, 2010. DOE will accept written comments, data, and information regarding the framework document before and after the public meeting, but no later than January 18, 2011. Comments submitted after the above date may not be considered. DOE encourages all written comments, data, and information to be submitted in electronic form. SUMMARY: E:\FR\FM\19NOP1.SGM 19NOP1

Agencies

[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Proposed Rules]
[Pages 70850-70852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29250]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563-AC27


Common Crop Insurance Regulations; Extra Long Staple Cotton Crop 
Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to 
amend the Common Crop Insurance Regulations, Extra Long Staple Cotton 
Crop Insurance Provisions to remove all references to the Daily Spot 
Cotton Quotation and replace the reference with the National Average 
Loan Rate published by the Farm Service Agency (FSA), to incorporate a 
current Special Provisions statement into the Crop Provisions, and to 
make the Extra Long Staple Cotton Crop Insurance Provisions consistent 
with the Upland Cotton Crop Insurance Provisions. The intended effect 
of this action is to provide policy changes, to clarify existing policy

[[Page 70851]]

provisions to better meet the needs of the producers, and to reduce 
vulnerability to program fraud, waste, and abuse. The changes will 
apply for the 2012 and succeeding crop years.

DATES: Written comments and opinions on this proposed rule will be 
accepted until close of business January 18, 2011 and will be 
considered when the rule is to be made final.

ADDRESSES: Interested persons are invited to submit written comments, 
titled ``Extra Long Staple Cotton Crop Provisions,'' by any of the 
following methods:
     By Mail to: Director, Product Administration and Standards 
Division, Risk Management Agency, United States Department of 
Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205, 
Kansas City, MO 64141-6205.
     By Express Mail to: Director, Product Administration and 
Standards Division, Risk Management Agency, United States Department of 
Agriculture, Beacon Facility, Stop 0812, 9240 Troost Avenue, Kansas 
City, MO 64131-3055.
     E-mail: DirectorPDD@rma.usda.gov.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

A copy of each response will be available for public inspection and 
copying from 7 a.m. to 4:30 p.m., CST, Monday through Friday, except 
holidays, at the above address.

FOR FURTHER INFORMATION CONTACT: Claire White, Economist, Product 
Management, Product Administration and Standards Division, Risk 
Management Agency, at the Kansas City, MO, address listed above, 
telephone (816) 926-7730.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule is non-significant for the purpose of Executive Order 12866 and, 
therefore, it has not been reviewed by OMB.

Paperwork Reduction Act of 1995

    Pursuant to the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. chapter 35), the collections of information in this rule 
have been approved by OMB under control number 0563-0053 through March 
31, 2012.

E-Government Act Compliance

    FCIC is committed to complying with the E-Government Act of 2002, 
to promote the use of the Internet and other information technologies 
to provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
establishes requirements for Federal agencies to assess the effects of 
their regulatory actions on State, local, and tribal governments and 
the private sector. This rule contains no Federal mandates (under the 
regulatory provisions of title II of the UMRA) for State, local, and 
tribal governments or the private sector. Therefore, this rule is not 
subject to the requirements of sections 202 and 205 of UMRA.

Executive Order 13132

    It has been determined under section 1(a) of Executive Order 13132, 
Federalism, that this rule does not have sufficient implications to 
warrant consultation with the States. The provisions contained in this 
rule will not have a substantial direct effect on States, or on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

Regulatory Flexibility Act

    FCIC certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. Program 
requirements for the Federal crop insurance program are the same for 
all producers regardless of the size of their farming operation. For 
instance, all producers are required to submit an application and 
acreage report to establish their insurance guarantees and compute 
premium amounts, and all producers are required to submit a notice of 
loss and production information to determine the amount of an indemnity 
payment in the event of an insured cause of crop loss. Whether a 
producer has 10 acres or 1000 acres, there is no difference in the kind 
of information collected. To ensure crop insurance is available to 
small entities, the Federal Crop Insurance Act authorizes FCIC to waive 
collection of administrative fees from limited resource farmers. FCIC 
believes this waiver helps to ensure that small entities are given the 
same opportunities as large entities to manage their risks through the 
use of crop insurance. A Regulatory Flexibility Analysis has not been 
prepared since this regulation does not have an impact on small 
entities, and therefore, this regulation is exempt from the provisions 
of the Regulatory Flexibility Act (5 U.S.C. 605).

Federal Assistance Program

    This program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.450.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which require intergovernmental consultation with State and 
local officials. See the Notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115, June 24, 1983.

Executive Order 12988

    This proposed rule has been reviewed in accordance with Executive 
Order 12988 on civil justice reform. The provisions of this rule will 
not have a retroactive effect. The provisions of this rule will preempt 
State and local laws to the extent such State and local laws are 
inconsistent herewith. With respect to any direct action taken by FCIC 
or action by FCIC to require the insurance provider to take specific 
action under the terms of the crop insurance policy, the administrative 
appeal provisions published at 7 CFR part 11 must be exhausted before 
any action against FCIC for judicial review may be brought.

Environmental Evaluation

    This action is not expected to have a significant economic impact 
on the quality of the human environment, health, or safety. Therefore, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is needed.

Background

    FCIC proposes to revise 7 CFR part 457, Common Crop Insurance 
Regulations, by revising Sec.  457.105 (Extra Long Staple Cotton Crop 
Insurance Provisions). Requests have been made for changes to improve 
the coverage offered, address program integrity issues, and simplify 
program administration. The provisions will be effective for the 2012 
and succeeding crop years.
    The proposed changes to Sec.  457.105 are as follows:
    1. FCIC proposes to remove the paragraph immediately preceding 
section 1 which refers to the order of priority in the event of a 
conflict. This same information is contained in the Basic Provisions. 
Therefore, it is duplicative and should be removed in the Crop 
Provisions.
    2. Section 10--FCIC proposes to revise the format of section 10(d) 
to make the provisions easier to read.
    FCIC proposes to remove in section 10(d) all references to the 
Daily Spot Cotton Quotation and related language

[[Page 70852]]

and replace it with a reference to the Extra Long Staple Cotton 
National Average Loan Rate determined by FSA. The Daily Spot Cotton 
Quotation is a price published daily, whereas the Extra Long Staple 
Cotton National Average Loan Rate is a price published annually. 
Because the Daily Spot Cotton Quotation values change daily, this 
method was time-consuming, cumbersome, and burdensome for cotton 
producers and loss adjusters. For this reason, FCIC is proposing to 
utilize the Extra Long Staple Cotton National Average Loan Rate for 
quality adjustment purposes. This same change was made to the Upland 
Cotton Crop Insurance Provisions beginning with the 2011 crop year. 
This change makes the Extra Long Staple and Upland Cotton Crop 
Provisions consistent.
    FCIC also proposes to change the percentage of Price B from 75 
percent to 85 percent in sections 10(d) and 10(d)(3). This does not 
change the existing terms of the policy because the change was already 
implemented in the Special Provisions. FCIC is proposing to move the 
provision to the Crop Provisions because the change is being 
implemented in all areas where ELS cotton is available.
    FCIC proposes to remove in section 10(f) all references to the 
Daily Spot Cotton Quotation and replace it with a reference to the 
Upland Cotton National Average Loan Rate and the Extra Long Staple 
Cotton National Average Loan Rate determined by FSA. FCIC also proposes 
to remove the language regarding the price quotations contained in the 
Daily Spot Cotton Quotations published on the date the last bale from 
the unit is classed and the language regarding price quotations being 
unavailable. The Daily Spot Cotton Quotation is a price published 
daily, whereas the Extra Long Staple Cotton National Average Loan Rate 
is a price published annually. Therefore, it is not necessary to 
include information regarding specific dates upon which it will be 
based.

List of Subjects in 7 CFR Part 457

    Crop insurance, Extra long staple cotton, Reporting and 
recordkeeping requirements.

Proposed Rule

    Accordingly, as set forth in the preamble, the Federal Crop 
Insurance Corporation proposes to amend 7 CFR part 457 effective for 
the 2012 and succeeding crop years to read as follows:

PART 457--COMMON CROP INSURANCE REGULATIONS

    1. The authority citation for 7 CFR part 457 continues to read as 
follows:

    Authority: 7 U.S.C. 1506(1), 1506(o).
    2. Amend Sec.  457.105 as follows:
    a. Amend the introductory text by removing ``1998'' and adding 
``2012'' in its place;
    b. Remove the undesignated paragraph immediately preceding section 
1.
    c. Amend section 10 by:
    i. Revising section 10(d); and
    ii. Revising section 10(f).
    The revisions read as follows:


Sec.  457.105  Extra long staple cotton crop insurance provisions.

* * * * *
    10. Settlement of Claim.
* * * * *
    (d) Mature ELS cotton production may be adjusted for quality when 
production has been damaged by insured causes. Such production to count 
will be reduced if Price A is less than 85 percent of Price B.
    (1) Price B is defined as the Extra Long Staple Cotton National 
Average Loan Rate determined by FSA, or as specified in the Special 
Provisions.
    (2) Price A is defined as the loan value per pound for the bale 
determined in accordance with the FSA Schedule of Premiums and 
Discounts for the applicable crop year, or as specified in the Special 
Provisions.
    (3) If eligible for quality adjustment, the amount of production to 
be counted will be determined by multiplying the number of pounds of 
such production by the factor derived from dividing Price A by 85 
percent of Price B.
* * * * *
    (f) Any AUP cotton harvested or appraised from acreage originally 
planted to ELS cotton in the same growing season will be reduced by the 
factor obtained by dividing the price per pound for AUP cotton by the 
price per pound for ELS cotton. The prices used for AUP and ELS cotton 
will be calculated using the Upland Cotton National Average Loan Rate 
and the Extra Long Staple Cotton National Average Loan Rate determined 
by FSA, or as specified in the Special Provisions.
* * * * *

    Signed in Washington, DC, on November 15, 2010.
William J. Murphy,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2010-29250 Filed 11-18-10; 8:45 am]
BILLING CODE 3410-08-P