Common Crop Insurance Regulations, Various Crop Provisions, 84396-84401 [2016-27720]
Download as PDF
<![CDATA[
84396
Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
information as may be available to the
[Departments], including information
voluntarily provided in a timely manner
by the applicant and others.’’ 16 U.S.C.
823d(a)(4), (b)(4) (emphasis added). DOI
believes that 43 CFR 45.74(c) achieves
the proper balance between the
Congressional mandate to consider
evidence otherwise available to DOI,
including information timely submitted,
and Congressional intent to avoid delays
in the FERC licensing process.
Exelon also expressed concern that in
instances where DOI exercises its
reserved authority to include a
condition or prescription in a license
that FERC has previously issued, the
language in 43 CFR 45.74(c), that the
DOI ‘‘will consider’’ information
submitted prior to the NEPA comment
deadline, could potentially preclude the
introduction of additional relevant and
supporting information that was not
submitted during the licenseapplication-related NEPA process. As
discussed above, the language of 43 CFR
45.74(c) only sets forth the requirement
that DOI must consider pre-deadline
submittals. Thus, it does not preclude
DOI from considering evidence and
supporting material submitted after the
deadline in cases where FERC has
issued a license and a Department
exercises reserved authority. Therefore,
notwithstanding Exelon’s concern,
paragraph (c) of 43 CFR 45.74 does not
preclude the introduction of relevant
information that would support a
proposed alternative condition or
prescription after DOI exercises its
reserved authority to include a
condition or fishway prescription in a
FERC license.
mstockstill on DSK3G9T082PROD with RULES
VI. Consultation With FERC
Pursuant to EPAct’s requirement that
the agencies promulgate rules
implementing EPAct section 241 ‘‘in
consultation with the Federal Energy
Regulatory Commission,’’ the agencies
have consulted with FERC regarding the
content of the revised interim rules.
After considering post-promulgation
comments, no changes were made to the
revised interim final regulations in the
final rules.
VII. Conclusion
These final rules have been
determined to be not significant for
purposes of Executive Order 12866.
OMB has reviewed the information
collection in these rules and approved
an extension without change of a
currently approved collection under
OMB control number 1094–0001. This
approval expires November 30, 2018.
The Departments have reviewed the
comments received in response to the
VerDate Sep<11>2014
16:26 Nov 22, 2016
Jkt 241001
revised interim rules and have
determined that no change to the rules
is necessary.
Accordingly, the interim rules
amending 6 CFR part 1, 43 CFR part 45,
and 50 CFR part 221, which were
published at 80 FR 17155 on March 31,
2015, are adopted as final without
change.
Dated: October 6, 2016.
Robert F. Bonnie,
Undersecretary—Natural Resources and
Environment, U.S. Department of Agriculture.
Dated: September 22, 2016.
Kristen J. Sarri,
Principal Deputy Assistant Secretary—Policy,
Management and Budget, U.S. Department
of the Interior.
Dated: October 31, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service, National Oceanic and
Atmospheric Administration, U.S.
Department of Commerce.
[FR Doc. 2016–28063 Filed 11–22–16; 8:45 am]
BILLING CODE 3411–15–P; 4310–79–P; 3510–22–P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket No. FCIC–16–0003]
RIN 0563–AC52
Common Crop Insurance Regulations,
Various Crop Provisions
Federal Crop Insurance
Corporation, USDA.
ACTION: Final rule with request for
comments.
AGENCY:
The Federal Crop Insurance
Corporation (FCIC) amends the Small
Grains Crop Insurance Provisions,
Cotton Crop Insurance Provisions, Extra
Long Staple Cotton Crop Insurance
Provisions, Sunflower Seed Crop
Insurance Provisions, Sugar Beet Crop
Insurance Provisions, Hybrid Sorghum
Seed Crop Insurance Provisions, Coarse
Grains Crop Insurance Provisions,
Safflower Crop Insurance Provisions,
Popcorn Crop Insurance Provisions,
Peanut Crop Insurance Provisions,
Onion Crop Insurance Provisions,
Tobacco Crop Insurance Provisions,
Green Pea Crop Insurance Provisions,
Dry Pea Crop Insurance Provisions, Rice
Crop Insurance Provisions, Northern
Potato Crop Insurance Provisions,
Central and Southern Potato Crop
Insurance Provisions, Dry Bean Crop
Insurance Provisions, Hybrid Seed Corn
Crop Insurance Provisions, Processing
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Sweet Corn Crop Provisions, Processing
Bean Crop Insurance Provisions, Canola
and Rapeseed Crop Insurance
Provisions, Millet Crop Insurance
Provisions, and Mustard Crop Insurance
Provisions. The purpose of this final
rule with comment is to update
prevented planting coverage levels
through the actuarial documents to
improve actuarial considerations and
coverage offered, program integrity, and
to reduce vulnerability to program
fraud, waste, and abuse. The changes to
the Crop Provisions made in this rule
are applicable for the 2017 and
succeeding crop years for all crops with
a 2017 contract change date on or after
the effective date of the rule, and for the
2018 and succeeding crop years for all
crops with a 2017 contract change date
prior to the effective date of the rule.
DATES: This rule is effective November
23, 2016 However, FCIC will accept
written comments on this final rule
until close of business January 23, 2017.
FCIC may consider the comments
received and may conduct additional
rulemaking based on the comments.
ADDRESSES: FCIC prefers interested
persons submit their comments
electronically through the Federal
eRulemaking Portal. Interested persons
may submit comments, identified by
Docket ID No. FCIC–16–0003, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Director, Product
Administration and Standards Division,
Risk Management Agency, United States
Department of Agriculture, P.O. Box
419205, Kansas City, MO 64133–6205.
FCIC will post all comments received,
including those received by mail,
without change to https://
www.regulations.gov, including any
personal information provided. Once
these comments are posted to this Web
site, the public can access all comments
at its convenience from this Web site.
All comments must include the agency
name and docket number or Regulatory
Information Number (RIN) for this rule.
For detailed instructions on submitting
comments and additional information,
see https://www.regulations.gov. If
interested persons are submitting
comments electronically through the
Federal eRulemaking Portal and want to
attach a document, FCIC requests that
the document attachment be in a textbased format. If interested persons want
to attach a document that is a scanned
Adobe PDF file, it must be scanned as
text and not as an image, thus allowing
FCIC to search and copy certain
portions of the submissions. For
E:\FR\FM\23NOR1.SGM
23NOR1
Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
questions regarding attaching a
document that is a scanned Adobe PDF
file, please contact the Risk
Management Agency (RMA) Web
Content Team at (816) 823–4694 or by
email at rmaweb.content@rma.usda.gov.
Privacy Act: Anyone is able to search
the electronic form of all comments
received for any dockets by the name of
the person submitting the comment (or
signing the comment, if submitted on
behalf of an entity, such as an
association, business, labor union, etc.).
Interested persons may review the
complete User Notice and Privacy
Notice for Regulations.gov at https://
www.regulations.gov/#!privacyNotice.
FOR FURTHER INFORMATION CONTACT: Tim
Hoffmann, Director, Product
Management, 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,
telephone (816) 926–7730.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with RULES
Background
Prior to the FCIC offering coverage for
prevented planting, prevented planting
payments were linked to USDA program
provisions such as the farmer’s program
yield and the target price. Adjustments
to the Federal Crop Insurance Act (Act)
from the Federal Crop Insurance Reform
and Department of Agriculture
Reorganization Act of 1994 mandated
that coverage for prevented planting be
a part of crop insurance policies offered
under the Federal crop insurance
program, as appropriate. Following
these changes to the Act, FCIC
incorporated preventing planting
provisions into the Common Crop
Insurance Basic Provisions. A 1996
study by USDA’s Economic Research
Service (ERS) established the basis for
the original prevented planting coverage
levels. The study and estimated preplanting costs were reviewed again by
ERS in 2002, and FCIC adjusted
prevented planting coverage levels
accordingly.
Further, the Office of Inspector
General for Audit (OIG) conducted an
audit on the Federal crop insurance
prevented planting program for 2011–
2012 and recommended RMA obtain
updated pre-planting cost information,
and reevaluate the current prevented
planting coverage levels making
adjustments consistent with the preplanting costs for each crop.
FCIC contracted to review the
prevented planting policy and
determine appropriate pre-planting
costs to be covered, evaluate the
VerDate Sep<11>2014
16:26 Nov 22, 2016
Jkt 241001
84397
reasonableness of current prevented
planting payments by crop and region,
examine alternative methods and
approaches to the program, provide
alternative payment amounts as
appropriate, and develop a plan for
routinely updating those amounts. For
some crops or crops in certain regions,
the contractor suggested FCIC raise or
lower the current prevented planting
coverage levels. RMA shared this study
with stakeholders to determine if the
recommendations made sense to
growers. This final rule with comment
makes changes to allow for revisions to
the prevented planting coverage levels,
based on the contractor’s findings and
report, stakeholder comments in
response to the contractors report, and
FCIC’s re-examination of the evaluation
and those stakeholder comments
received. This rule allows for any new
percentages of prevented planting
coverage that FCIC determines provides
adequate protection for those costs
incurred even though the crop was
prevented from planting to be specified
in the actuarial documents and removes
them from the Crop Provisions. The rule
also leaves the option for additional
prevented planting coverage if offered in
the actuarial documents. This will allow
FCIC to expedite its update of the
percentages in response to changing
production conditions.
citizen access to Government
information and services, and for other
purposes.
Effective Date
FCIC is exempt from all requirements
in the administrative procedure
provisions in 5 U.S.C. 553, which
includes the 30-day effective date. This
rule allows FCIC to make the changes to
the Crop Provisions in time for 2017
spring planted crops. Therefore, this
final rule is effective when published in
the Federal Register.
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 governmentto-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.
The Federal Crop Insurance
Corporation 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. If a Tribe requests
consultation, the Federal Crop
Insurance Corporation will work with
the Office of Tribal Relations to ensure
meaningful consultation is provided
where changes, additions and
modifications identified herein are not
expressly mandated by Congress.
Executive Order 12866
This rule has been determined to be
not significant for the purposes of
Executive Order 12866 and, therefore, it
has not been reviewed by the Office of
Management and Budget (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
numbers 0563–0085, 0563–0083, and
0563–0053.
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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
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.
Executive Order 13175
E:\FR\FM\23NOR1.SGM
23NOR1
84398
Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
Regulatory Flexibility Act
Environmental Evaluation
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
(Act) authorizes FCIC to waive
collection of administrative fees from
beginning farmers or ranchers and
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).
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.
FCIC is issuing this final rule without
opportunity for prior notice and
comment. The Administrative
Procedure Act exempts rules ‘‘relating
to agency management or personnel or
to public property, loans, grants,
benefits, or contracts’’ from the statutory
requirement for prior notice and
opportunity for public comment (5
U.S.C. 553(a)(2)). However, FCIC is
providing a 60-day comment period and
invites interested persons to participate
in this rulemaking by submitting written
comments. FCIC will consider the
comments received and may conduct
additional rulemaking based on the
comments.
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.
mstockstill on DSK3G9T082PROD with RULES
Executive Order 12988
This rule has been reviewed in
accordance with Executive Order 12988
on civil justice reform. The provisions
of this rule will not have a retroactive
effect. The provisions of this rule will
preempt State and local laws to the
extent such State and local laws are
inconsistent herewith. With respect to
any direct action taken by FCIC or 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.
VerDate Sep<11>2014
16:26 Nov 22, 2016
Jkt 241001
List of Subjects in 7 CFR Part 457
Crop insurance, Reporting and
recordkeeping requirements.
Accordingly, as set forth in the
preamble, the Federal Crop Insurance
Corporation amends 7 CFR part 457 as
follows:
PART 457—COMMON CROP
INSURANCE REGULATIONS
1. The authority citation for part 457
continues to read as follows:
Authority: 7 U.S.C. 1506(1), 1506(o).
2. Amend § 457.101 as follows:
a. Revise the section heading;
b. Revise the first sentence of the
introductory text; and
■ c. Revise section 13.
The revisions read as follows:
■
■
■
§ 457.101 Small grains crop insurance
provisions.
*
*
*
*
*
The Small Grains Crop Insurance
Provisions for the 2017 and succeeding
crop years in counties with a contract
change date of November 30, and for the
2018 and succeeding crop years in
counties with a contract change date of
June 30, are as follows:
*
*
*
*
*
13. Prevented Planting
In counties for which the Special
Provisions designate a spring final
planting date, your prevented planting
production guarantee will be based on
your approved yield for spring-planted
acreage of the insured crop. Your
prevented planting coverage will be a
percentage specified in the actuarial
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 3. Amend § 457.104 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 11(b).
The revisions read as follows:
§ 457.104 Cotton crop insurance
provisions.
The Cotton Crop Insurance Provisions
for the 2017 and succeeding crop years
are as follows:
*
*
*
*
*
11. Prevented Planting
*
*
*
*
*
(b) Your prevented planting coverage
will be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 4. Amend § 457.105 as follows:
■ a. Revise the first sentence of the
introductory text;
■ b. Amend section 3 to remove the
phrase ‘‘(December 17 for the 1998 crop
year only)’’; and
■ c. Revise section 12(b).
The revisions read as follows:
§ 457.105 Extra long staple cotton crop
insurance provisions.
The Extra Long Staple Cotton Crop
Insurance Provisions for the 2017 and
succeeding crop years are as follows:
*
*
*
*
*
12. Prevented Planting
*
*
*
*
*
(b) Your prevented planting coverage
will be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 5. Amend § 457.108 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 12.
The revisions read as follows:
§ 457.108 Sunflower seed crop insurance
provisions.
The Sunflower Seed Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
E:\FR\FM\23NOR1.SGM
23NOR1
Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
12. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 6. Amend § 457.109 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 15(b).
The revisions read as follows:
§ 457.109 Sugar Beet Crop Insurance
Provisions.
The Sugar Beet Crop Insurance
Provisions for the 2017 and succeeding
crop years in counties with a contract
change date of November 30, and for the
2018 and succeeding crop years in
counties with a contract change date of
April 30, are as follows:
*
*
*
*
*
15. Prevented Planting
*
*
*
*
*
(b) Except in those counties indicated
in section 15(a), your prevented
planting coverage will be a percentage
specified in the actuarial documents of
your production guarantee for timely
planted acreage. If you have additional
levels of coverage and pay an additional
premium, you may increase your
prevented planting coverage if such
additional coverage is specified in the
actuarial documents.
■ 7. Amend § 457.112 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 13.
The revisions read as follows:
§ 457.113 Coarse grains crop insurance
provisions.
§ 457.134 Peanut crop insurance
provisions.
The Coarse Grains Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
The Peanut Crop Insurance Provisions
for the 2017 and succeeding crop years
are as follows:
*
*
*
*
*
12. Prevented Planting
15. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 9. Amend § 457.125 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 12.
The revisions read as follows:
(a) Your prevented planting coverage
will be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
*
*
*
*
*
■ 12. Amend § 457.135 as follows
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 15.
The revisions read as follows:
§ 457.125 Safflower crop insurance
provisions.
The Safflower Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
12. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 10. Amend § 457.126 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 15.
The revisions read as follows:
§ 457.126 Popcorn crop insurance
provisions.
The Hybrid Sorghum Seed Crop
Insurance Provisions for the 2017 and
succeeding crop years are as follows:
*
*
*
*
*
The Popcorn Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
13. Prevented Planting
mstockstill on DSK3G9T082PROD with RULES
§ 457.112 Hybrid sorghum seed crop
insurance provisions.
15. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your amount of
insurance for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 8. Amend § 457.113 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 12.
The revisions read as follows:
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 11. Amend § 457.134 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 15(a).
The revisions read as follows:
VerDate Sep<11>2014
16:26 Nov 22, 2016
Jkt 241001
84399
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
§ 457.135 Onion crop insurance
provisions.
The Onion Crop Insurance Provisions
for the 2017 and succeeding crop years
in counties with a contract change date
of November 30, and for the 2018 and
succeeding crop years in counties with
a contract change date of June 30, are as
follows:
*
*
*
*
*
15. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your final stage
production guarantee for timely planted
acreage. Additional prevented planting
coverage levels are not available for
onions.
■ 13. Amend § 457.136 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 14.
The revisions read as follows:
§ 457.136 Tobacco crop insurance
provisions.
The Tobacco Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
14. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage.
Additional prevented planting coverage
levels are not available for tobacco.
■ 14. Amend § 457.137 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 14.
The revisions read as follows:
E:\FR\FM\23NOR1.SGM
23NOR1
84400
Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
§ 457.137 Green pea crop insurance
provisions.
§ 457.142 Northern potato crop insurance
provisions.
The Green Pea Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
The Northern Potato Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
14. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 15. Amend § 457.140 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 14.
The revisions read as follows:
12. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 18. Amend § 457.147 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 13.
The revisions read as follows:
§ 457.140 Dry pea crop insurance
provisions.
§ 457.147 Central and Southern potato
crop insurance provisions.
The Dry Pea Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
The Central and Southern Potato Crop
Insurance Provisions for the 2017 and
succeeding crop years in counties with
a contract change date of November 30,
and for the 2018 and succeeding crop
years in counties with a contract change
date of June 30 and September 30, are
as follows:
*
*
*
*
*
14. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
*
*
*
*
*
■ 16. Amend § 457.141 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 13.
The revisions read as follows:
§ 457.141
Rice crop insurance provisions.
The Rice Crop Insurance Provisions
for the 2017 and succeeding crop years
are as follows:
*
*
*
*
*
mstockstill on DSK3G9T082PROD with RULES
13. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 17. Amend § 457.142 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 12.
The revisions read as follows:
VerDate Sep<11>2014
16:26 Nov 22, 2016
Jkt 241001
13. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 19. Amend § 457.150 as follows:
■ a. Revise the first sentence of the
introductory text;
■ b. Amend section 4 to remove the
phrase ‘‘(December 17 for the 1998 crop
year only)’’; and
■ c. Revise section 14.
The revisions read as follows:
coverage if such additional coverage is
specified in the actuarial documents.
■ 20. Amend § 457.152 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 13.
The revisions read as follows:
§ 457.152 Hybrid seed corn crop insurance
provisions.
The Hybrid Seed Corn Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
13. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your amount of
insurance for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 21. Amend § 457.154 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 14.
The revisions read as follows:
§ 457.154 Processing sweet corn crop
insurance provisions.
The Processing Sweet Corn Crop
Insurance Provisions for the 2017 and
succeeding crop years are as follows:
*
*
*
*
*
14. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 22. Amend § 457.155 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 14.
The revisions read as follows:
§ 457.150 Dry bean crop insurance
provisions.
§ 457.155 Processing bean crop insurance
provisions.
The Dry Bean Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
The Processing Bean Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
14. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
14. Prevented Planting
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
E:\FR\FM\23NOR1.SGM
23NOR1
Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
coverage if such additional coverage is
specified in the actuarial documents.
■ 23. Amend § 457.161 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 14.
The revisions read as follows:
§ 457.161 Canola and rapeseed crop
insurance provisions.
The Canola and Rapeseed Crop
Insurance Provisions for the 2017 and
succeeding crop years in counties with
a contract change date of November 30,
and for the 2018 and succeeding crop
years in counties with a contract change
date of June 30, are as follows:
*
*
*
*
*
14. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional coverage and pay
an additional premium, you may
increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 24. Amend § 457.165 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 12.
The revisions read as follows:
§ 457.165
Millet crop insurance provisions.
The Millet Crop Insurance Provisions
for the 2017 and succeeding crop years
are as follows:
*
*
*
*
*
12. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage. If
you have additional levels of coverage
and pay an additional premium, you
may increase your prevented planting
coverage if such additional coverage is
specified in the actuarial documents.
■ 25. Amend § 457.168 as follows:
■ a. Revise the first sentence of the
introductory text; and
■ b. Revise section 15.
The revisions read as follows:
mstockstill on DSK3G9T082PROD with RULES
§ 457.168 Mustard crop insurance
provisions.
The Mustard Crop Insurance
Provisions for the 2017 and succeeding
crop years are as follows:
*
*
*
*
*
15. Prevented Planting
Your prevented planting coverage will
be a percentage specified in the
actuarial documents of your production
guarantee for timely planted acreage.
VerDate Sep<11>2014
16:26 Nov 22, 2016
Jkt 241001
When a portion of the insurable acreage
within the unit is prevented from being
planted, and there is more than one base
contract price applicable to acreage in
the unit, the lowest base contract price
will be used in calculating any
prevented planting payment. If you have
additional levels of coverage and pay an
additional premium, you may increase
your prevented planting coverage if
such additional coverage is specified in
the actuarial documents.
Dated: November 10, 2016.
Brandon Willis,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2016–27720 Filed 11–22–16; 8:45 am]
BILLING CODE 3410–08–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 989 and 999
[Doc. No. AMS–SC–16–0065; SC16–989–2
FR]
Raisins Produced From Grapes Grown
in California and Imported Raisins;
Removal of Language
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule removes language
from the California raisin marketing
order’s minimum grade standards and
the import regulations’ grade and size
requirements. The marketing order
regulates the handling of raisins
produced from grapes grown in
California, and is administered locally
by the Raisin Administrative Committee
(committee). The change to the import
regulations is required under section 8e
of the Agricultural Marketing
Agreement Act of 1937, as amended.
Recently, the U.S. Standards for Grades
of Processed Raisins (standards) were
amended to remove the word ‘‘midget.’’
This rule makes the marketing order and
the import regulations consistent with
the amended standards.
DATES: Effective November 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Maria Stobbe, Marketing Specialist, or
Jeffrey Smutny, Regional Director,
California Marketing Field Office,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or Email:
Maria.Stobbe@ams.usda.gov or
Jeffrey.Smutny@ams.usda.gov.
Small businesses may request
information on complying with this
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
84401
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
and Order No. 989, both as amended (7
CFR part 989), regulating the handling
of raisins produced from grapes grown
in California, hereinafter referred to as
the ‘‘order.’’ The order is effective under
the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601–
674), hereinafter referred to as the
‘‘Act.’’
This rule is also issued under section
8e of the Act, which provides that
whenever certain specified
commodities, including raisins, are
regulated under a Federal marketing
order, imports of these commodities
into the United States are prohibited
unless they meet the same or
comparable grade, size, quality, or
maturity requirements as those in effect
for the domestically-produced
commodities.
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
12866, 13563, and 13175.
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
There are no administrative
procedures which must be exhausted
prior to any judicial challenge to the
provisions of import regulations issued
under section 8e of the Act.
This rule removes the term ‘‘midget’’
from § 989.702(a) of the order and
E:\FR\FM\23NOR1.SGM
23NOR1
]]>Agencies
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84396-84401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27720]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket No. FCIC-16-0003]
RIN 0563-AC52
Common Crop Insurance Regulations, Various Crop Provisions
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the Small
Grains Crop Insurance Provisions, Cotton Crop Insurance Provisions,
Extra Long Staple Cotton Crop Insurance Provisions, Sunflower Seed Crop
Insurance Provisions, Sugar Beet Crop Insurance Provisions, Hybrid
Sorghum Seed Crop Insurance Provisions, Coarse Grains Crop Insurance
Provisions, Safflower Crop Insurance Provisions, Popcorn Crop Insurance
Provisions, Peanut Crop Insurance Provisions, Onion Crop Insurance
Provisions, Tobacco Crop Insurance Provisions, Green Pea Crop Insurance
Provisions, Dry Pea Crop Insurance Provisions, Rice Crop Insurance
Provisions, Northern Potato Crop Insurance Provisions, Central and
Southern Potato Crop Insurance Provisions, Dry Bean Crop Insurance
Provisions, Hybrid Seed Corn Crop Insurance Provisions, Processing
Sweet Corn Crop Provisions, Processing Bean Crop Insurance Provisions,
Canola and Rapeseed Crop Insurance Provisions, Millet Crop Insurance
Provisions, and Mustard Crop Insurance Provisions. The purpose of this
final rule with comment is to update prevented planting coverage levels
through the actuarial documents to improve actuarial considerations and
coverage offered, program integrity, and to reduce vulnerability to
program fraud, waste, and abuse. The changes to the Crop Provisions
made in this rule are applicable for the 2017 and succeeding crop years
for all crops with a 2017 contract change date on or after the
effective date of the rule, and for the 2018 and succeeding crop years
for all crops with a 2017 contract change date prior to the effective
date of the rule.
DATES: This rule is effective November 23, 2016 However, FCIC will
accept written comments on this final rule until close of business
January 23, 2017. FCIC may consider the comments received and may
conduct additional rulemaking based on the comments.
ADDRESSES: FCIC prefers interested persons submit their comments
electronically through the Federal eRulemaking Portal. Interested
persons may submit comments, identified by Docket ID No. FCIC-16-0003,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Director, Product Administration and Standards
Division, Risk Management Agency, United States Department of
Agriculture, P.O. Box 419205, Kansas City, MO 64133-6205.
FCIC will post all comments received, including those received by
mail, without change to https://www.regulations.gov, including any
personal information provided. Once these comments are posted to this
Web site, the public can access all comments at its convenience from
this Web site. All comments must include the agency name and docket
number or Regulatory Information Number (RIN) for this rule. For
detailed instructions on submitting comments and additional
information, see https://www.regulations.gov. If interested persons are
submitting comments electronically through the Federal eRulemaking
Portal and want to attach a document, FCIC requests that the document
attachment be in a text-based format. If interested persons want to
attach a document that is a scanned Adobe PDF file, it must be scanned
as text and not as an image, thus allowing FCIC to search and copy
certain portions of the submissions. For
[[Page 84397]]
questions regarding attaching a document that is a scanned Adobe PDF
file, please contact the Risk Management Agency (RMA) Web Content Team
at (816) 823-4694 or by email at rmaweb.content@rma.usda.gov.
Privacy Act: Anyone is able to search the electronic form of all
comments received for any dockets by the name of the person submitting
the comment (or signing the comment, if submitted on behalf of an
entity, such as an association, business, labor union, etc.).
Interested persons may review the complete User Notice and Privacy
Notice for Regulations.gov at https://www.regulations.gov/#!privacyNotice.
FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Director, Product
Management, 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, telephone (816) 926-7730.
SUPPLEMENTARY INFORMATION:
Background
Prior to the FCIC offering coverage for prevented planting,
prevented planting payments were linked to USDA program provisions such
as the farmer's program yield and the target price. Adjustments to the
Federal Crop Insurance Act (Act) from the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994 mandated that
coverage for prevented planting be a part of crop insurance policies
offered under the Federal crop insurance program, as appropriate.
Following these changes to the Act, FCIC incorporated preventing
planting provisions into the Common Crop Insurance Basic Provisions. A
1996 study by USDA's Economic Research Service (ERS) established the
basis for the original prevented planting coverage levels. The study
and estimated pre-planting costs were reviewed again by ERS in 2002,
and FCIC adjusted prevented planting coverage levels accordingly.
Further, the Office of Inspector General for Audit (OIG) conducted
an audit on the Federal crop insurance prevented planting program for
2011-2012 and recommended RMA obtain updated pre-planting cost
information, and reevaluate the current prevented planting coverage
levels making adjustments consistent with the pre-planting costs for
each crop.
FCIC contracted to review the prevented planting policy and
determine appropriate pre-planting costs to be covered, evaluate the
reasonableness of current prevented planting payments by crop and
region, examine alternative methods and approaches to the program,
provide alternative payment amounts as appropriate, and develop a plan
for routinely updating those amounts. For some crops or crops in
certain regions, the contractor suggested FCIC raise or lower the
current prevented planting coverage levels. RMA shared this study with
stakeholders to determine if the recommendations made sense to growers.
This final rule with comment makes changes to allow for revisions to
the prevented planting coverage levels, based on the contractor's
findings and report, stakeholder comments in response to the
contractors report, and FCIC's re-examination of the evaluation and
those stakeholder comments received. This rule allows for any new
percentages of prevented planting coverage that FCIC determines
provides adequate protection for those costs incurred even though the
crop was prevented from planting to be specified in the actuarial
documents and removes them from the Crop Provisions. The rule also
leaves the option for additional prevented planting coverage if offered
in the actuarial documents. This will allow FCIC to expedite its update
of the percentages in response to changing production conditions.
Effective Date
FCIC is exempt from all requirements in the administrative
procedure provisions in 5 U.S.C. 553, which includes the 30-day
effective date. This rule allows FCIC to make the changes to the Crop
Provisions in time for 2017 spring planted crops. Therefore, this final
rule is effective when published in the Federal Register.
Executive Order 12866
This rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, it has not been
reviewed by the Office of Management and Budget (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 numbers 0563-0085, 0563-0083,
and 0563-0053.
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.
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.
The Federal Crop Insurance Corporation 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. If a Tribe requests consultation, the
Federal Crop Insurance Corporation will work with the Office of Tribal
Relations to ensure meaningful consultation is provided where changes,
additions and modifications identified herein are not expressly
mandated by Congress.
[[Page 84398]]
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 (Act) authorizes FCIC to
waive collection of administrative fees from beginning farmers or
ranchers and 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 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 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.
FCIC is issuing this final rule without opportunity for prior
notice and comment. The Administrative Procedure Act exempts rules
``relating to agency management or personnel or to public property,
loans, grants, benefits, or contracts'' from the statutory requirement
for prior notice and opportunity for public comment (5 U.S.C.
553(a)(2)). However, FCIC is providing a 60-day comment period and
invites interested persons to participate in this rulemaking by
submitting written comments. FCIC will consider the comments received
and may conduct additional rulemaking based on the comments.
List of Subjects in 7 CFR Part 457
Crop insurance, Reporting and recordkeeping requirements.
Accordingly, as set forth in the preamble, the Federal Crop
Insurance Corporation amends 7 CFR part 457 as follows:
PART 457--COMMON CROP INSURANCE REGULATIONS
0
1. The authority citation for part 457 continues to read as follows:
Authority: 7 U.S.C. 1506(1), 1506(o).
0
2. Amend Sec. 457.101 as follows:
0
a. Revise the section heading;
0
b. Revise the first sentence of the introductory text; and
0
c. Revise section 13.
The revisions read as follows:
Sec. 457.101 Small grains crop insurance provisions.
* * * * *
The Small Grains Crop Insurance Provisions for the 2017 and
succeeding crop years in counties with a contract change date of
November 30, and for the 2018 and succeeding crop years in counties
with a contract change date of June 30, are as follows:
* * * * *
13. Prevented Planting
In counties for which the Special Provisions designate a spring
final planting date, your prevented planting production guarantee will
be based on your approved yield for spring-planted acreage of the
insured crop. Your prevented planting coverage will be a percentage
specified in the actuarial documents of your production guarantee for
timely planted acreage. If you have additional coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
3. Amend Sec. 457.104 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 11(b).
The revisions read as follows:
Sec. 457.104 Cotton crop insurance provisions.
The Cotton Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
11. Prevented Planting
* * * * *
(b) Your prevented planting coverage will be a percentage specified
in the actuarial documents of your production guarantee for timely
planted acreage. If you have additional coverage and pay an additional
premium, you may increase your prevented planting coverage if such
additional coverage is specified in the actuarial documents.
0
4. Amend Sec. 457.105 as follows:
0
a. Revise the first sentence of the introductory text;
0
b. Amend section 3 to remove the phrase ``(December 17 for the 1998
crop year only)''; and
0
c. Revise section 12(b).
The revisions read as follows:
Sec. 457.105 Extra long staple cotton crop insurance provisions.
The Extra Long Staple Cotton Crop Insurance Provisions for the 2017
and succeeding crop years are as follows:
* * * * *
12. Prevented Planting
* * * * *
(b) Your prevented planting coverage will be a percentage specified
in the actuarial documents of your production guarantee for timely
planted acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
5. Amend Sec. 457.108 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 12.
The revisions read as follows:
Sec. 457.108 Sunflower seed crop insurance provisions.
The Sunflower Seed Crop Insurance Provisions for the 2017 and
succeeding crop years are as follows:
* * * * *
[[Page 84399]]
12. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional coverage and pay an additional premium,
you may increase your prevented planting coverage if such additional
coverage is specified in the actuarial documents.
0
6. Amend Sec. 457.109 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 15(b).
The revisions read as follows:
Sec. 457.109 Sugar Beet Crop Insurance Provisions.
The Sugar Beet Crop Insurance Provisions for the 2017 and
succeeding crop years in counties with a contract change date of
November 30, and for the 2018 and succeeding crop years in counties
with a contract change date of April 30, are as follows:
* * * * *
15. Prevented Planting
* * * * *
(b) Except in those counties indicated in section 15(a), your
prevented planting coverage will be a percentage specified in the
actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
7. Amend Sec. 457.112 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 13.
The revisions read as follows:
Sec. 457.112 Hybrid sorghum seed crop insurance provisions.
The Hybrid Sorghum Seed Crop Insurance Provisions for the 2017 and
succeeding crop years are as follows:
* * * * *
13. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your amount of insurance for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
8. Amend Sec. 457.113 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 12.
The revisions read as follows:
Sec. 457.113 Coarse grains crop insurance provisions.
The Coarse Grains Crop Insurance Provisions for the 2017 and
succeeding crop years are as follows:
* * * * *
12. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional coverage and pay an additional premium,
you may increase your prevented planting coverage if such additional
coverage is specified in the actuarial documents.
0
9. Amend Sec. 457.125 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 12.
The revisions read as follows:
Sec. 457.125 Safflower crop insurance provisions.
The Safflower Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
12. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
10. Amend Sec. 457.126 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 15.
The revisions read as follows:
Sec. 457.126 Popcorn crop insurance provisions.
The Popcorn Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
15. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
11. Amend Sec. 457.134 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 15(a).
The revisions read as follows:
Sec. 457.134 Peanut crop insurance provisions.
The Peanut Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
15. Prevented Planting
(a) Your prevented planting coverage will be a percentage specified
in the actuarial documents of your production guarantee for timely
planted acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
* * * * *
0
12. Amend Sec. 457.135 as follows
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 15.
The revisions read as follows:
Sec. 457.135 Onion crop insurance provisions.
The Onion Crop Insurance Provisions for the 2017 and succeeding
crop years in counties with a contract change date of November 30, and
for the 2018 and succeeding crop years in counties with a contract
change date of June 30, are as follows:
* * * * *
15. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your final stage production guarantee for
timely planted acreage. Additional prevented planting coverage levels
are not available for onions.
0
13. Amend Sec. 457.136 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 14.
The revisions read as follows:
Sec. 457.136 Tobacco crop insurance provisions.
The Tobacco Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
14. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. Additional prevented planting coverage levels are not
available for tobacco.
0
14. Amend Sec. 457.137 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 14.
The revisions read as follows:
[[Page 84400]]
Sec. 457.137 Green pea crop insurance provisions.
The Green Pea Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
14. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
15. Amend Sec. 457.140 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 14.
The revisions read as follows:
Sec. 457.140 Dry pea crop insurance provisions.
The Dry Pea Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
14. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
* * * * *
0
16. Amend Sec. 457.141 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 13.
The revisions read as follows:
Sec. 457.141 Rice crop insurance provisions.
The Rice Crop Insurance Provisions for the 2017 and succeeding crop
years are as follows:
* * * * *
13. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
17. Amend Sec. 457.142 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 12.
The revisions read as follows:
Sec. 457.142 Northern potato crop insurance provisions.
The Northern Potato Crop Insurance Provisions for the 2017 and
succeeding crop years are as follows:
* * * * *
12. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional coverage and pay an additional premium,
you may increase your prevented planting coverage if such additional
coverage is specified in the actuarial documents.
0
18. Amend Sec. 457.147 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 13.
The revisions read as follows:
Sec. 457.147 Central and Southern potato crop insurance provisions.
The Central and Southern Potato Crop Insurance Provisions for the
2017 and succeeding crop years in counties with a contract change date
of November 30, and for the 2018 and succeeding crop years in counties
with a contract change date of June 30 and September 30, are as
follows:
* * * * *
13. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional coverage and pay an additional premium,
you may increase your prevented planting coverage if such additional
coverage is specified in the actuarial documents.
0
19. Amend Sec. 457.150 as follows:
0
a. Revise the first sentence of the introductory text;
0
b. Amend section 4 to remove the phrase ``(December 17 for the 1998
crop year only)''; and
0
c. Revise section 14.
The revisions read as follows:
Sec. 457.150 Dry bean crop insurance provisions.
The Dry Bean Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
14. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
20. Amend Sec. 457.152 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 13.
The revisions read as follows:
Sec. 457.152 Hybrid seed corn crop insurance provisions.
The Hybrid Seed Corn Crop Insurance Provisions for the 2017 and
succeeding crop years are as follows:
* * * * *
13. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your amount of insurance for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
21. Amend Sec. 457.154 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 14.
The revisions read as follows:
Sec. 457.154 Processing sweet corn crop insurance provisions.
The Processing Sweet Corn Crop Insurance Provisions for the 2017
and succeeding crop years are as follows:
* * * * *
14. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
22. Amend Sec. 457.155 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 14.
The revisions read as follows:
Sec. 457.155 Processing bean crop insurance provisions.
The Processing Bean Crop Insurance Provisions for the 2017 and
succeeding crop years are as follows:
* * * * *
14. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting
[[Page 84401]]
coverage if such additional coverage is specified in the actuarial
documents.
0
23. Amend Sec. 457.161 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 14.
The revisions read as follows:
Sec. 457.161 Canola and rapeseed crop insurance provisions.
The Canola and Rapeseed Crop Insurance Provisions for the 2017 and
succeeding crop years in counties with a contract change date of
November 30, and for the 2018 and succeeding crop years in counties
with a contract change date of June 30, are as follows:
* * * * *
14. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional coverage and pay an additional premium,
you may increase your prevented planting coverage if such additional
coverage is specified in the actuarial documents.
0
24. Amend Sec. 457.165 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 12.
The revisions read as follows:
Sec. 457.165 Millet crop insurance provisions.
The Millet Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
12. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. If you have additional levels of coverage and pay an
additional premium, you may increase your prevented planting coverage
if such additional coverage is specified in the actuarial documents.
0
25. Amend Sec. 457.168 as follows:
0
a. Revise the first sentence of the introductory text; and
0
b. Revise section 15.
The revisions read as follows:
Sec. 457.168 Mustard crop insurance provisions.
The Mustard Crop Insurance Provisions for the 2017 and succeeding
crop years are as follows:
* * * * *
15. Prevented Planting
Your prevented planting coverage will be a percentage specified in
the actuarial documents of your production guarantee for timely planted
acreage. When a portion of the insurable acreage within the unit is
prevented from being planted, and there is more than one base contract
price applicable to acreage in the unit, the lowest base contract price
will be used in calculating any prevented planting payment. If you have
additional levels of coverage and pay an additional premium, you may
increase your prevented planting coverage if such additional coverage
is specified in the actuarial documents.
Dated: November 10, 2016.
Brandon Willis,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2016-27720 Filed 11-22-16; 8:45 am]
BILLING CODE 3410-08-P
