Common Crop Insurance Regulations; Extra Long Staple Cotton Crop Provisions, 70850-70852 [2010-29250]
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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.
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*
*
*
*
(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.
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*
(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
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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.
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*
*
*
*
(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: https://
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]
=======================================================================
-----------------------------------------------------------------------
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: https://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
