Common Crop Insurance Regulations; Forage Production Crop Insurance Provisions and Forage Seeding Crop Insurance Provisions, 23893-23902 [2020-08708]

Agencies

• DEPARTMENT OF AGRICULTURE
• Federal Crop Insurance Corporation

[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Rules and Regulations]
[Pages 23893-23902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08708]



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

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

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Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Rules 
and Regulations

[[Page 23893]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

[Docket ID FCIC-20-0003]
RIN 0563-AC67


Common Crop Insurance Regulations; Forage Production Crop 
Insurance Provisions and Forage Seeding Crop Insurance Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule with request for comments.

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

SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the 
Common Crop Insurance Regulations, Forage Production Crop Insurance 
Provisions and Forage Seeding Crop Insurance Provisions. The intended 
effect of this action is to update existing policy provisions and 
definitions to better reflect current agricultural practices and allow 
for variations in insurance provisions based on regionally-specific 
agronomic conditions and potential future expansions. The changes are 
to be effective for the 2021 and succeeding crop years.

DATES: Effective date: The Forage Seeding amendments to 7 CFR 457.151 
are effective April 30, 2020, and the Forage Production amendments to 7 
CFR 457.117 are effective June 30, 2020. Comment date: We will consider 
comments that we receive on this rule until the close of business June 
29, 2020. FCIC will consider these comments and make changes to the 
rule if warranted in a subsequent rulemaking.

ADDRESSES: We invite you to submit comments on this rule. In your 
comments, include the date, volume, and page number of this issue of 
the Federal Register, and the title of rule. You may submit comments by 
any of the following methods, although FCIC prefers that you submit 
comments electronically through the Federal eRulemaking Portal:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and search for Docket ID FCIC-20-0003. Follow the 
online 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.
    All comments received, including those received by mail, will be 
posted without change and publicly available on https://www.regulations.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 
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: Francie Tolle; Product Administration 
and Standards Division, Risk Management Agency, United States 
Department of Agriculture, Beacon Facility, Stop 0812, Room 7829, P.O. 
Box 419205, Kansas City, MO 64141-6205, telephone (816) 926-7730; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Forage Production Background

    FCIC amends the Common Crop Insurance Regulations (7 CFR part 457) 
by revising 7 CFR 457.117 Forage Production Crop Insurance Provisions, 
to be effective for the 2021 and succeeding crop years. The intended 
effect of this action is to ensure cohesiveness and continual coverage 
between the Forage Seeding and Forage Production Crop Insurance 
Provisions.
    The changes are as follows:
    1. FCIC is removing the paragraph immediately preceding section 1, 
which refers to the order of priority if a conflict exists among the 
policy provisions. This same provision is contained in the Common Crop 
Insurance Policy, Basic Provisions (``Basic Provisions''). Therefore, 
the appearance here is duplicative and should be removed from the Crop 
Provisions.
    2. Section 1--FCIC is revising the definition of ``adequate 
stand.'' The new definition will rely upon the number of live alfalfa 
stems for making loss determinations for forage containing more than 60 
percent alfalfa. Loss determinations for forage types that contain less 
than 60 percent alfalfa or no alfalfa at all, such as red clover, will 
be based upon the normal planting density because there is no 
demonstrable correlation between future yield and the number of live 
alfalfa stems when the forage type does not contain at least 60 percent 
alfalfa.
    FCIC is revising the definition of ``fall planted'' by adding the 
phrase, ``except when specified in the Special Provisions,'' following 
the phrase, ``A forage crop seeded after June 30,'' to allow FCIC to 
provide area-specific dates that have distinctions outside of this 
range. For example, Maine is currently recognized as having a single 
growing season with planting dates that begin before June 30 but that 
can extend beyond June 30, which is inconsistent with existing 
definitions for ``spring planted'' and ``fall planted.'' This change 
also allows FCIC to be responsive to new or evolving regional 
conditions as needed in the future.
    FCIC is adding the definition of ``normal planting density.'' The 
new definition will utilize the former definition of adequate stand to 
be ``the minimum number of live plants per square foot as shown in the 
Special Provisions.'' The normal planting density is more appropriate 
for measuring successful establishment of forage with less than 60 
percent alfalfa ground cover.
    FCIC is revising the definition of ``spring planted'' to include a 
reference to the Special Provisions. The revised definition adds the 
phrase ``except when specified in the Special Provisions,'' following 
the phrase ``A forage crop seeded before July 1,'' to allow FCIC to 
provide area specific dates that have distinctions outside of this 
range. This change allows FCIC to be responsive to new or evolving 
regional conditions as needed in the future.
    FCIC is revising the definition of ``Year of establishment'' by 
moving the sentences ``Insurance under this policy does not attach 
until after the year of establishment'' and ``Insurance during the year 
of establishment may be

[[Page 23894]]

available under the forage seeding policy'' to the end of the 
definition. FCIC is reordering this definition to reduce confusion and 
clear up potential misunderstandings by reorganizing the definition in 
a more logical order.
    3. Section 2--FCIC is revising the section heading to state 
``Insurance Guarantees, Coverage Levels, and Prices for Determining 
Indemnities.'' FCIC is revising this section heading to correct a typo 
and simplify the heading.
    FCIC is removing the phrase, ``(Insurance Guarantees, Coverage 
Levels, and Prices for Determining Indemnities)'' when referring to 
section 3 of the Basic Provisions because the parenthetical section 
name is unnecessary and removing these titles will prevent FCIC from 
having to revise the Crop Provisions if section titles change in the 
Basic Provisions. FCIC is also removing the parenthetical reference to 
the Basic Provisions' section number, ``(Sec.  457.8)'' to be 
consistent throughout the policy.
    FCIC is revising section 2(a) by stating the price elections are 
found in the ``actuarial documents,'' not the ``special provisions.'' 
FCIC is replacing this term as price elections are referenced in 
actuarial documents, not the special provisions.
    4. Section 3--FCIC is removing the phrase, ``(Contract Changes)'' 
when referring to section 4 of the Basic Provisions because the 
parenthetical section name is unnecessary and removing these titles 
will prevent FCIC from having to revise the Crop Provisions if section 
titles change in the Basic Provisions. FCIC is also removing the 
parenthetical reference to the Basic Provisions' section number, 
``(Sec.  457.8)'' to be consistent throughout the policy.
    5. Section 4--FCIC is revising the cancellation and termination 
dates for Arizona from September 30 to October 31, to align the dates 
with those for California because Arizona is agronomically similar to 
California. FCIC is also revising the cancellation and termination 
dates for Nevada and Utah from October 31 to September 30 because 
insurance attaches October 16 and having a September sales closing date 
accommodates the insurance attachment date.
    6. Section 6--FCIC is revising Section 6(a), by replacing paragraph 
(2) to clarify that the crop must not be intended to be grazed and 
cannot be grazed at any time during the insurance period to be 
insurable. This clarification ensures that insureds will not graze the 
stand in lieu of harvesting it and claim an indemnity for the harvested 
shortfall. FCIC is also adding paragraph (3) to indicate that the 
insured crop will include all forage that follows a year of 
establishment that results in an adequate stand as shown in the Special 
Provisions. This clarification is provided as Forage Production is an 
Actual Production History (APH) plan of insurance that is based on 
actual harvest of the forage acreage following the year of 
establishment.
    FCIC is revising Section 6(b) by removing the phrase, ``(Insured 
Crop)'' when referring to section 8 of the Basic Provisions because the 
parenthetical section name is unnecessary and removing these titles 
will prevent FCIC from having to revise the Crop Provisions if section 
titles change in the Basic Provisions. FCIC is also removing the 
parenthetical reference to the Basic Provisions' section number, 
``(Sec.  457.8)'' to be consistent throughout the policy.
    7. Section 7--FCIC is removing the phrase, ``(Insurance Period)'' 
when referring to section 11 of the Basic Provisions because the 
parenthetical section name is unnecessary and removing these titles 
will prevent FCIC from having to revise the Crop Provisions if section 
titles change in the Basic Provisions. FCIC is also removing the 
parenthetical reference to the Basic Provisions' section number, 
``(Sec.  457.8)'' to be consistent throughout the policy.
    FCIC is also removing all state and county references in Section 
7(a) and 7(b)(6), Insurance Period, and instead refer to the attachment 
date and end of insurance period date shown in the actuarial documents 
to simplify the provision and allow FCIC to provide area specific 
dates, allow for future program expansion, and allow FCIC to continue 
to be responsive to new or evolving regional conditions as needed in 
the future.
    FCIC is changing section 7(b) to state ``forage production 
insurance'' instead of ``insurance'' to provide clarity and to clear up 
potential misunderstandings.
    FCIC is removing section 7(c) as the Forage Production Winter 
Coverage Endorsement is currently not an insurable coverage option.
    8. Section 8--FCIC is revising Section 8, Causes of Loss by 
removing the phrase, ``(Causes of Loss)'' when referring to section 12 
of the Basic Provisions because the parenthetical section name is 
unnecessary and removing these titles will prevent FCIC from having to 
revise the Crop Provisions if section titles change in the Basic 
Provisions. FCIC is also removing the parenthetical reference to the 
Basic Provisions' section number, ``(Sec.  457.8)'' to be consistent 
throughout the policy.
    FCIC is also revising section 8(b) to state that we will not insure 
against damage of loss of production that occurs after ``harvest'' 
instead of after ``removal from the windrow''. The two phrases are 
interchangeable but using the word ``harvest'' will apply consistent 
use of the definition of harvest throughout the policy.
    9. Section 9--FCIC is revising Section 9(a) to replace ``harvest'' 
with ``cutting''. The section will state that the producer must notify 
the approved insurance provider within 3 days of the date cutting 
should have started if the insured crop will not be harvested. The 
definition of cutting is more appropriate than harvest in this instance 
as harvest requires removal of the forage from the windrow or field, 
and cutting is the severance of the forage plant from its roots.
    10. Section 10--FCIC is correcting references throughout Section 
10(b) to reference Section 10 instead of Section 11. FCIC is also 
providing grammatical edits to example 1 and example 2 of Section 10.
    FCIC is revising section 10(f) by removing the phrase, 
``(Production Included in Determining Indemnities)'' when referring to 
section 15 of the Basic Provisions because the parenthetical section 
name is unnecessary and removing these titles will prevent FCIC from 
having to revise the Crop Provisions if section titles change in the 
Basic Provisions. FCIC is also removing the parenthetical reference to 
the Basic Provisions' section number, ``(Sec.  457.8)'' to be 
consistent throughout the policy.

Forage Seeding Background

    FCIC amends the Common Crop Insurance Regulations (7 CFR part 457) 
by revising 7 CFR 457.151 Forage Seeding Crop Insurance Provisions, to 
be effective for the 2021 and succeeding crop years. The intended 
effect of this action is to update existing policy provisions and 
definitions to better reflect current agricultural practices and allow 
for variations in insurance provisions based on regional agronomic 
conditions and potential future expansions.
    The changes are as follows:
    1. FCIC is removing the paragraph immediately preceding section 1, 
which refers to the order of priority if a conflict exists among the 
policy provisions. This same provision is contained in the Common Crop 
Insurance Policy, Basic Provisions (``Basic Provisions''). Therefore, 
the appearance here is duplicative and should be removed from the Crop 
Provisions.
    2. Section 1--FCIC is adding the definition of ``adequate stand.'' 
The new definition will allow RMA to revise loss adjustment procedures 
to rely upon the number of live alfalfa stems rather than

[[Page 23895]]

the number of live plants (normal stand) for making loss determinations 
for forage containing more than 60 percent alfalfa. Plants can have 
more than one stem. Extension research across major forage growing 
areas has demonstrated that the number of live alfalfa stems is more 
closely correlated with future yield than the number of live plants 
when alfalfa is the dominant component of the forage mixture. Loss 
determinations for forage types that contain less than 60 percent 
alfalfa or no alfalfa at all, such as red clover, will have no change 
to existing loss adjustment procedures and, as stated below, will be 
based upon the normal planting density because there is no demonstrable 
correlation between future yield and the number of live alfalfa stems 
when the forage type does not contain at least 60 percent alfalfa.
    FCIC is adding the definition of ``amount of insurance.'' The term 
``amount of insurance'' refers to the dollar amount of insurance per 
acre obtained by multiplying the reference maximum dollar amount shown 
in the actuarial documents by the coverage level percentage elected by 
the insured. FCIC adds this definition to provide clarity because the 
term is used multiple times in the Crop Provisions but is not defined.
    FCIC is removing the definition of ``nurse crop (companion crop)'' 
and adding the definition of ``companion crop''. FCIC also replaces the 
definition ``nurse crop (companion crop)'' with the term ``companion 
crop'' throughout the Crop Provisions. FCIC replaces this definition to 
reduce ambiguity and increase clarity by using one term instead of 
referring to ``nurse crop'' and ``companion crop'' interchangeably.
    FCIC is revising the definition of ``fall planted'' by adding the 
phrase ``except when specified in the Special Provisions,'' following 
the phrase ``A forage crop seeded after June 30'' to allow FCIC to 
provide area-specific dates that have distinctions outside of this 
range. For example, Maine is currently recognized as having a single 
growing season with planting dates that begin before June 30 but that 
can extend beyond June 30, which is inconsistent with existing 
definitions for ``spring planted'' and ``fall planted.'' This change 
also allows FCIC to be responsive to new or evolving regional 
conditions as needed in the future.
    FCIC is revising the definition of ``good farming practices.'' The 
revised definition adds the phrase ``in lieu of the definition in the 
Basic Provisions'' to clarify that the ``good farming practices'' 
definition in the Crop Provisions will replace the definition contained 
in the Basic Provisions. The definition in the Basic Provisions is not 
appropriate for forage seeding because it includes references to the 
insured's approved yield, but these Crop Provisions provide coverage 
for a failed forage seeding, not for yield losses below an insured's 
approved yield. The revised definition also replaces the phrase 
``normal stand'' with ``adequate stand,'' because the adequate stand 
will be used to determine if the forage seeding was successful. The 
revised definition also replaces the phrase ``and are those recognized 
by the National Institute of Food and Agriculture as compatible with 
agronomic and weather conditions in the county'' with ``which are those 
generally recognized by agricultural experts or organic agricultural 
experts, as compatible with agronomic and weather conditions for the 
area'' to be more consistent with the definition of ``good farming 
practices'' contained in the Basic Provisions (even though the 
definition in the Basic Provisions is no longer applicable, some of the 
same principles apply). These changes are intended to ensure that the 
definition is consistent with the practices applicable to forage 
seeding crops.
    FCIC is revising the definition of ``harvest'' to remove the word 
``only'' before ``grazed'' to clarify that the acreage does not have to 
be exclusively grazed to not be considered harvested. If the acreage is 
grazed at any time regardless of whether the crop is removed from the 
field, it is not considered harvested.
    FCIC is removing the definition of ``normal stand'' and replacing 
it with the definition of ``normal planting density.'' The new 
definition of ``normal planting density'' simplifies the previous 
definition of ``normal stand'' by replacing the phrase ``a population 
of live plants per square foot that meets the minimum required number 
of plants'' with the more concise phrase ``the minimum number of live 
plants per square foot.'' The normal planting density will be used to 
determine if the stand qualifies for replanting payments. The normal 
planting density will result in more accurate replanting payments than 
basing replant determinations on an adequate stand because not all 
stems may have emerged when replanting determinations are made.
    FCIC is revising the definition of ``planted acreage'' by removing 
the reference to ``provisions in section 1'' and replacing it with the 
more specific phrase ``definition in''. This is not a substantive 
change, but it makes it consistent with other definitions that refer to 
the definitions in the Basic Provisions.
    FCIC is revising the definition of ``replanting'' by removing the 
duplicative language that is already contained in the Basic Provisions. 
FCIC is revising the remaining sentence of the current definition by 
adding the phrase ``in addition to the definition in the Basic 
Provisions'' to clarify that the ``replanting'' definition in the Crop 
Provisions will add to the definition contained in the Basic 
Provisions, substituting the word ``replacing'' with the word 
``placing'' as it is a more accurate term for seeding an existing 
stand, and replacing the phrase ``which results in'' with the word 
``using'' to convey that using a reduced seeding rate to replace seed 
into an existing damaged stand will not be considered replanting.
    FCIC is revising the definition of ``sales closing date.'' The 
revised definition replaces the term ``fall seeded'' with ``fall 
planted'' and ``spring seeded'' with ``spring planted.'' These terms 
are used interchangeably, and this change will add clarity and reduce 
confusion because ``fall planted'' and ``spring planted'' are defined 
within the policy, but ``fall seeded'' and ``spring seeded'' are not.
    FCIC is revising the definition of ``spring planted.'' The revised 
definition adds the phrase ``except when specified in the Special 
Provisions,'' following the phrase ``A forage crop seeded before July 
1,'' to allow FCIC to provide area specific dates that have 
distinctions outside of this range. For example, Maine is currently 
recognized as having a single growing season with planting dates that 
begin before June 30 but that can extend beyond June 30, which is 
inconsistent with existing definitions for ``spring planted'' and 
``fall planted''. This change also allows FCIC to be responsive to new 
or evolving regional conditions as needed in the future. FCIC proposes 
this change to reduce ambiguity and increase clarity because the 
definition of ``crop year'' references the calendar year of the planted 
acreage.
    3. Section 3--FCIC is revising section 3(a) and 3(b) by removing 
the phrase, ``(Insurance Guarantees, Coverage Levels, and Prices for 
Determining Indemnities)'' when referring to section 3 of the Basic 
Provisions because the parenthetical section name is unnecessary and 
removing these titles will prevent FCIC from having to revise the Crop 
Provisions if section titles change in the Basic Provisions. FCIC is 
also removing the parenthetical reference to the Basic Provisions' 
section number, ``(Sec.  457.8)'' to be consistent throughout the 
policy.

[[Page 23896]]

    FCIC is also revising section 3 to clarify the circumstances under 
which a producer can make changes to their insurance in counties that 
have both fall and spring sales closing dates (often referred to as 
``dual counties''). Producers who do not plant any fall planted acreage 
may purchase or revise their insurance coverage until the spring 
(later) sales closing date. Producers who plant fall planted acreage 
may not revise their coverage at the spring sales closing date and may 
not purchase insurance on the spring planted acreage if no coverage was 
purchased on the fall planted acreage. These conditions mirror those of 
other insurance programs that provide coverage for both fall planted 
and spring planted acreage in the same county, but the conditions are 
new to the Forage Seeding insurance policy.
    4. Section 5--FCIC is replacing the cancellation and termination 
date table with a new date table. The new dates allow for expansion of 
the fall planted practice and align forage seeding cancellation and 
termination dates with the dates for other fall planted crops in each 
state. Maine's cancellation and termination dates will remain unchanged 
at March 15 to allow time after premium billing for a termination 
decision to be made. In all other states, the cancellation date will be 
July 31 and termination date will be September 30 to allow time after 
premium billing for a termination decision to be made.
    5. Section 6--FCIC is replacing the term ``acreage report date'' 
with the term ``acreage reporting date.'' FCIC is making this change 
because the term ``acreage reporting date'' is defined in the Basic 
Provisions and also appears in the Special Provisions.
    6. Section 7--FCIC is revising section 8 by removing the phrase, 
``(Insured Crop)'' when referring to section 8 of the Basic Provisions 
because the parenthetical section name is unnecessary and removing 
these titles will prevent FCIC from having to revise the Crop 
Provisions if section titles change in the Basic Provisions. FCIC is 
also removing the parenthetical reference to the Basic Provisions' 
section number, ``(Sec.  457.8)'' to be consistent throughout the 
policy.
    FCIC is also replacing ``a normal stand'' with ``an adequate 
stand'' and ``nurse crops'' with ``companion crops'' to incorporate the 
references to the newly defined terms stated above, in Section 1.
    7. Section 8--FCIC is revising section 8(a) to simplify this 
section by removing references to states and counties and applying the 
same replanting requirements to all insurable areas. FCIC is removing 
section 8(b) which requires some California counties to replant if 
damage occurred anytime within the crop year, compared to all other 
areas, where replanting is only required for damage that occurred 
before the final planting date. This change was done concurrently with 
revisions to section 11, which outlines when replanting payments are 
allowed based on region and spring or fall planting. While these 
changes will simplify the Crop Provisions by streamlining requirements 
for all areas, cases may arise that necessitate different requirements 
for localized geographic areas. Therefore, FCIC is also allowing these 
provisions to be modified at the county-level in the Special Provisions 
to allow FCIC greater flexibility in determining regional specific 
distinctions for replanting requirements and to protect program 
integrity and insured interests by allowing FCIC, with assistance from 
forage subject matter experts and regional offices, to address regional 
specific production practices. FCIC is also replacing the phrase ``a 
normal stand'' with ``the normal planting density,'' consistent with 
the changes above regarding the definition change.
    8. Section 9--FCIC is revising section 9 by removing the phrase, 
``(Insurance Period)'' when referring to section 11 of the Basic 
Provisions because the parenthetical section name is unnecessary and 
removing these titles will prevent FCIC from having to revise the Crop 
Provisions if section titles change in the Basic Provisions. FCIC is 
also removing the parenthetical reference to the Basic Provisions' 
section number, ``(Sec.  457.8)'' to be consistent throughout the 
policy.
    FCIC is revising section 9(c) to be grammatically correct.
    FCIC is also removing all state and county specific end of 
insurance dates in 9(g) and instead referring to the end of insurance 
period date shown in the actuarial documents. This change will simplify 
the provision and allow FCIC to provide area specific dates, allow for 
future program expansion, and allow FCIC to continue to be responsive 
to new or evolving regional conditions as needed in the future.
    9. Section 10--FCIC is revising section 10 by removing the phrase, 
``(Causes of Loss)'' when referring to section 12 of the Basic 
Provisions because the parenthetical section name is unnecessary and 
removing these titles will prevent FCIC from having to revise the Crop 
Provisions if section titles change in the Basic Provisions. FCIC is 
also removing the parenthetical reference to the Basic Provisions' 
section number, ``(Sec.  457.8)'' to be consistent throughout the 
policy.
    FCIC is replacing the phrase ``a stand of forage that occur'' with 
the phrase ``an adequate stand that occurs.'' This change reduces 
ambiguity and clarifies the provisions because ``adequate stand'' is a 
defined term but ``stand of forage'' is not, which could lead to 
different results when determining losses.
    10. Section 11--In section 11(a), FCIC is moving the phrase 
``unless specified otherwise in the Special Provisions,'' from 
paragraph (a)(1) (addressing California only) to the main paragraph 
(addressing all areas) to allow FCIC greater flexibility in determining 
regional specific distinctions for replanting payments and to protect 
program integrity and insured interests by allowing FCIC, with 
assistance from forage subject matter experts and regional offices, to 
address regional specific production practices.
    FCIC is moving the phrase ``It is practical to replant;'' from 
paragraph (a)(2)(iii) (addressing Lassen, Modoc, Mono, Shasta, Siskiyou 
Counties, California and all other states) to the paragraph 11(a)(1) 
(addressing all areas). FCIC is moving this phrase to consistently 
apply the requirement that it be practical to replant in order to 
receive a replanting payment across all counties and states.
    In section 11(a)(2), FCIC is moving the phrase ``We give written 
consent to replant;'' from paragraph (a)(2)(iv) (addressing Lassen, 
Modoc, Mono, Shasta, Siskiyou Counties, California and all other 
states) to the paragraph 11(a)(2) (addressing all areas). FCIC is 
moving this phrase to require written consent by approved insurance 
providers as a requirement of replanting payments across all counties 
and states. FCIC is renumbering subsequent paragraphs.
    In the newly designated section 11(a)(3) FCIC is replacing the 
phrase ``within the insurance period'' with the phrase ``before the 
spring final planting date in the actuarial documents.'' FCIC is 
replacing this phrase so that allowable replanting payments correlate 
with replanting requirements. Specifically, this change corresponds 
with the removal of section 8(b), which removed the replanting 
requirement in California counties for damage occurring after the 
spring final planting date. Therefore, the spring final planting date 
is a more appropriate timeframe for defining when replanting payments 
are available. FCIC is replacing ``a normal stand'' with ``the normal 
planting density'' consistent with the changes made above.

[[Page 23897]]

    FCIC is revising the newly designated section 11(a)(4) to remove 
the list of specific California counties. This list is not needed 
because the Special Provisions will include any county differences in 
replanting payment provisions.
    FCIC is removing section 11(a)(4)(i), renumbering subsequent 
paragraphs, and adding the phrase ``spring or'' before ``fall planted'' 
in the newly designated section 11(a)(4)(i) to extend replanting 
payment eligibility to include both fall and spring planted practices, 
as opposed to the current provisions that allowed replanting only for a 
failed fall seeding in counties that designated both fall and spring 
final planting dates. FCIC is adding this language in order to allow 
replanting payments for producers engaged in the spring planted 
practice. A producer that plants a forage crop in the spring suffers 
the same financial consequences as a producer of a fall planted crop, 
if that crop fails to emerge or suffers damage and needs to be 
replanted. Therefore, FCIC is expanding coverage to allow replanting 
payments for spring planted forage as well as fall planted forage. As 
the plan requires replanting to maintain the insurance, this will 
provide some compensation to cover replanting costs. Additionally, FCIC 
is replacing the phrase ``a normal stand'' with the phrase ``the normal 
planting density,'' consistent with definition change.
    In the newly designated section 11(a)(2)(ii), FCIC is revising the 
paragraph to clarify the provision only pertains to the fall planted 
practice, because a separate provision is added below to address the 
spring planted practice. FCIC is also adding the word ``final'' before 
``planting date'' to eliminate ambiguity between planting dates. FCIC 
is also correcting the grammar.
    FCIC is revising the newly designated section 11(a)(2)(iii) to 
provide that if spring planted, the original planting took place after 
the earliest planting date shown in the Special Provisions, and the 
acreage is replanted by the spring final planting date shown in the 
Special Provisions. FCIC is adding this language in order to allow 
replanting payments for producers engaged in the spring planted 
practice. A producer that plants a forage crop in the spring suffers 
the same financial consequences as a producer of a fall planted crop, 
if that crop fails to emerge or suffers damage and needs to be 
replanted. Therefore, FCIC is expanding coverage to allow replanting 
payments for spring planted forage as well as fall planted forage. 
Additionally, as the plan requires replanting to maintain the 
insurance, this will provide some compensation to cover replanting 
costs.
    In section 11(b), FCIC is adding ``(a)'' directly after ``section 
13'' to more specifically reference section 13(a). This addition 
clarifies which specific part of section 13 this provision is 
referencing.
    11. Section 12--In section 12(a) and 12(b), FCIC is removing the 
phrase, ``(Duties in the Event of Damage or Loss)'' when referring to 
section 14 of the Basic Provisions because the parenthetical section 
name is unnecessary and removing these titles will prevent FCIC from 
having to revise the Crop Provisions if section titles change in the 
Basic Provisions. FCIC is also removing the parenthetical reference to 
the Basic Provisions' section number, ``(Sec.  457.8)'' to be 
consistent throughout the policy.
    In section 12(b), FCIC is also adding the adjective ``damaged'' 
before ``fall planted acreage'' and removing the phrase ``that is 
damaged'' after the phrase ``fall planted acreage'' to simplify the 
language and clarify the provisions.
    12. Section 13--FCIC is removing the sub-section designation of 
``(a)'' as it is not needed in the introductory paragraph. FCIC is also 
adding paragraph designation ``(a)'' and the statement ``Each type and 
practice:'' directly following the introductory paragraph in order to 
clarify and simplify the section, because the steps for settling a 
claim should be followed for each type and practice, and then summed to 
any applicable unit.
    FCIC is revising section 13(a)(1) to change the phrase, 
``Multiplying the insured acreage of each type and practice by the 
amount of insurance for the applicable type and practice;'' to, 
``Determining the value of all insured acreage by multiplying the 
number of insured acres by the dollar amount of insurance;''. This 
change is intended to clarify that this is the outcome of the 
calculation in this step and to remove reference to type and practices 
because type and practice instructions are already stated in 13(a).
    FCIC is removing 13(a)(2), because the step for totaling results by 
type and practice from 13(a) is moved to the newly designated 13(b).
    FCIC is revising section 13(a)(3) to change the phrase, 
``multiplying the total acres with an established stand for the insured 
acreage of each type and practice in the unit by the amount of 
insurance for the applicable type and practice'' to, ``determining the 
value of the acreage with no insurable losses, by multiplying the 
dollar amount of insurance by the insured acreage that''. This change 
is intended to simplify the policy language by removing the term 
``established stand,'' which was referenced within the settlement steps 
of section 13(b); clarifying the outcome of the calculation in this 
step by adding the phrase, ``value of the acreage with no insurable 
losses''; and removing the phrase ``for each type and practice'' 
because this instruction is already stated in 13(a). In addition, FCIC 
designates 13(a)(3) as 13(a)(2).
    FCIC is moving the settlement steps in section 13(b), previously 
referred to as an ``established stand'' to section 13(a)(2)(i)-(iv). In 
moving these settlement steps, FCIC is also revising section 
13(a)(2)(i)-(iv) to each start with a verb to provide more cohesive 
language and reduce redundancy between the introductory text and 
subordinate paragraphs.
    FCIC is adding a new section 13(a)(3) to provide that determining 
the value of the acreage with partial insurable losses, by multiplying 
the dollar amount of insurance by the number of insured acres that have 
a stand less than 75 percent but more than 55 percent of an adequate 
stand, by 50 percent (0.5). This step was previously captured in 
section 13(c), which provided that the amount of indemnity on any 
spring planted acreage determined in accordance with section 13(a) will 
be reduced 50 percent if the stand is less than 75 percent but more 
than 55 percent of a normal stand. FCIC is moving this step to section 
13(a)(3) so that all steps for settling a claim throughout section 13 
are presented in sequential order. FCIC is updating the language of 
this step to clarify that the outcome of the calculation in this step 
is determining the value of acreage with partial insurable losses by 
adding the phrase, ``determining the value of the acreage with partial 
insurable losses''. FCIC is also removing reference to spring planted 
acreage because the steps for settling a claim are first done by any 
applicable unit, which is already defined to allow basic units by 
spring planted and fall planted acreage. FCIC is replacing the term ``a 
normal stand'' with the term ``an adequate stand,'' consistent with the 
new definition. FCIC is removing section 13(c) because it is 
incorporated into section 13(a)(3), and it is no longer needed.
    FCIC is revising section 13(a)(4), to state ``Adding the results in 
section 13(a)(2) and section 13(a)(3);''. This revision calculates the 
total value of the acreage with no insurable loss by adding together 
the value of acreage with no insurable loss plus the value of acreage 
with partial insurable loss. FCIC removes the previous language because 
the step for totaling results by type and

[[Page 23898]]

practice from 13(a) is moved to the newly designated 13(b).
    FCIC is updating section 13(a)(5) reference of section 13(a)(2) to 
section 13(a)(1) and change the words ``result'' to ``results''. This 
step will function as subtracting the total value of the acreage with 
no insurable loss from the total value of all insured acreage to 
determine the total value of acreage with insurable losses. This 
calculation will be for each type and practice. FCIC is also removing 
the word ``and'' at the end of the section as it is not needed for this 
step.
    FCIC is revising 13(a)(6) to update the section reference from 
section 13(a)(5) to 13(a)(3). FCIC is also adding the word ``and'' at 
the end of the section 13(a)(6) to provide a cohesive transition to the 
final step for settlement of a claim in 13(b).
    FCIC is adding section 13(b) to state ``totaling the results in 
section 13(a).'' Totaling results for each type and practice to any 
applicable unit was previously included twice in the steps for settling 
a claim. With this revision, totaling results for each type and 
practice is only performed once.
    FCIC is revising the indemnity calculation example to portray the 
revised steps for settlement of a claim in section 13. The revised 
example demonstrates the difference in calculations when a portion of 
the acreage has a stand between 55 and 75 percent of an adequate stand 
versus a stand with less than 55 percent of an adequate stand. 
Additional revisions to the indemnity calculation example include 
replacing each instance of, ``remaining stand of 75 percent or 
greater'' with, ``remaining stand of 75 percent of an adequate stand or 
greater'' and to replace, ``75% stand or greater'' with, ``75% of an 
adequate stand or greater'' to reduce ambiguity and clarify that loss 
determinations are to be determined relative to adequate stand. In the 
indemnity calculation, FCIC also is replacing ``$100.00'' with ``$100'' 
and ``$90.00'' with ``90.'' This change simplifies the example 
calculations.

Effective Date and Notice and Comment

    In general, the Administrative Procedure Act (APA, 5 U.S.C. 553) 
requires that a notice of proposed rulemaking be published in the 
Federal Register for interested persons to be given an opportunity to 
participate in the rulemaking through submission of written data, 
views, or arguments with or without opportunity for oral presentation 
and requires a 30-day delay in the effective date of rules, except when 
the rule involves a matter relating to public property, loans, grants, 
benefits, or contracts. This rule involves matters relating to 
contracts and therefore the requirements in section 553 do not apply.
    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) normally requires that an agency delay the effective date of a 
major rule for 60 days from the date of publication to allow for 
Congressional review. This rule is not a major rule under SBREFA (Pub. 
L. 104-121). Therefore, FCIC is not required to delay the effective 
date for 60 days from the date of publication to allow for 
Congressional review.
    This final rule is effective April 30, 2020. Although not required 
by APA, FCIC has chosen to request comments on this rule.

Executive Orders 12866, 13563, 13771 and 13777

    Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
direct agencies to assess all costs and benefits of available 
regulatory alternatives, and if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasized the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda,'' established a Federal 
policy to alleviate unnecessary regulatory burdens on the American 
people.
    The Office of Management and Budget (OMB) designated this rule as 
not significant under Executive Order 12866, ``Regulatory Planning and 
Review,'' and therefore, OMB has not reviewed this rule.
    Executive Order 13771, ``Reducing Regulation and Controlling 
Regulatory Costs,'' requires that in order to manage the private costs 
required to comply with Federal regulations that for every new 
significant or economically significant regulation issued, the new 
costs must be offset by the elimination of at least two prior 
regulations. As this rule is designated as not significant, it is not 
subject to Executive Order 13771.

Clarity of the Regulation

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

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by 
SBREFA, generally requires an agency to prepare a regulatory analysis 
of any rule whenever an agency is required by APA or any other law to 
publish a proposed rule, unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule is not subject to the Regulatory Flexibility Act 
because as noted above, this rule is exempt from APA and no other law 
requires that a proposed rule be published for this rulemaking 
initiative.

Environmental Review

    In general, the environmental impacts of rules are to be considered 
in a manner consistent with the provisions of the National 
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347) and the 
regulations of the Council on Environmental Quality (40 CFR parts 1500-
1508). FCIC conducts programs and activities that have been determined 
to have no individual or cumulative effect on the human environment. As 
specified in 7 CFR 1b.4, FCIC is categorically excluded from the 
preparation of an Environmental Analysis or Environmental Impact 
Statement unless the FCIC Manager (agency head) determines that an 
action may have a significant environmental effect. The FCIC Manager 
has determined this rule will not have a significant environmental 
effect. Therefore, FCIC will not prepare an environmental assessment or 
environmental impact statement for this action and this rule serves as 
documentation of the programmatic environmental compliance decision.

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal

[[Page 23899]]

Programs,'' requires consultation with State and local officials that 
would be directly affected by proposed Federal financial assistance. 
The objectives of the Executive order are to foster an 
intergovernmental partnership and a strengthened federalism, by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance and 
direct Federal development. For reasons specified in the final rule 
related notice regarding 7 CFR part 3015, subpart V (48 FR 29115, June 
24, 1983), the programs and activities in this rule are excluded from 
the scope of Executive Order 12372.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, ``Civil 
Justice Reform.'' This rule will not preempt State or local laws, 
regulations, or policies unless they represent an irreconcilable 
conflict with this rule. Before any judicial actions may be brought 
regarding the provisions of this rule, the administrative appeal 
provisions of 7 CFR part 11 are to be exhausted.

Executive Order 13132

    This rule has been reviewed under Executive Order 13132, 
``Federalism.'' The policies contained in this rule do not have any 
substantial direct effect on States, on the relationship between the 
Federal Government and the States, or on the distribution of power and 
responsibilities among the various levels of government, except as 
required by law. Nor does this rule impose substantial direct 
compliance costs on State and local governments. Therefore, 
consultation with the States is not required.

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.
    FCIC has assessed the impact of this rule on Indian Tribes and 
determined that this rule does not, to our knowledge, have Tribal 
implications that require Tribal consultation under E.O. 13175. The 
regulation changes do not have Tribal implications that preempt Tribal 
law and are not expected have a substantial direct effect on one or 
more Indian Tribes. If a Tribe requests consultation, FCIC will work 
with the USDA Office of Tribal Relations to ensure meaningful 
consultation is provided where changes, additions and modifications 
identified in this rule are not expressly mandated by Congress.

The Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4) requires Federal agencies to assess the effects of their 
regulatory actions of State, local, and Tribal governments or the 
private sector. Agencies generally must prepare a written statement, 
including cost benefits analysis, for proposed and final rules with 
Federal mandates that may result in expenditures of $100 million or 
more in any 1 year for State, local or Tribal governments, in the 
aggregate, or to the private sector. UMRA generally requires agencies 
to consider alternatives and adopt the more cost effective or least 
burdensome alternative that achieves the objectives of the rule. This 
rule contains no Federal mandates, as defined in Title II of UMRA, for 
State, local, and Tribal governments or the private sector. Therefore, 
this rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

Federal Assistance Program

    The title and number of the Federal Domestic Assistance Program 
listed in the Catalog of Federal Domestic Assistance to which this rule 
applies is No. 10.450--Crop Insurance.

Paperwork Reduction Act of 1995

    In accordance with the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. chapter 35, subchapter I), the rule does not change the 
information collection approved by OMB under control numbers 0563-0053.

E-Government Act Compliance

    FCIC is committed to complying with the E-Government Act, 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.

List of Subjects in 7 CFR Part 457

    Acreage allotments, Crop insurance, Reporting and recordkeeping 
requirements.

Final Rule

    For the reasons discussed above, FCIC amends 7 CFR part 457 
effective for the 2021 and succeeding crop years as follows:

PART 457--COMMON CROP INSURANCE REGULATIONS

0
1. The authority citation for 7 CFR part 457 is revised to read as 
follows:

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


0
2. Amend Sec.  457.117 as follows:
0
a. Remove ``2001'' and add ``2021'' in its place in the introductory 
text;
0
b. Remove the undesignated paragraph immediately preceding section 1;
0
c. In section 1:
0
i. Revise the definitions of ``Adequate stand'' and ``Fall planted'';
0
ii. Add the definition of ``Normal planting density'' in alphabetical 
order; and
0
iii. Revise the definitions of ``Spring planted'' and ``Year of 
establishment'';
0
d. Revise sections 2, 3, and 4;
0
e. In section 6:
0
i. Revise paragraphs (a)(1) and (2);
0
ii. Add paragraph (a)(3); and
0
iii. Revise paragraph (b) introductory text;
0
f. In section 7:
0
i. Revise the introductory text and paragraphs (a), (b) introductory 
text, and (b)(6); and
0
ii. Remove paragraph (c);
0
g. In section (8), revise paragraphs (a) introductory text and (b);
0
h. In section 9, revise paragraph (a); and
0
i. In section 10:
0
i. Revise paragraphs (b)(2) through (7);
0
ii. In example 1, revise the introductory text and paragraph 1;
0
iii. In example 2, revise the introductory text and paragraphs 1 and 2; 
and
0
iv. Revise paragraph (f).
    The revisions and additions read as follows:


Sec.  457.117  Forage production crop insurance provisions.

* * * * *
    1. Definitions.
    Adequate stand. The number shown in the Special Provisions, 
representing:
    (a) For forage containing 60 percent or more alfalfa, the minimum 
required number of live alfalfa stems per square foot that are two 
inches or greater in height; or
    (b) For forage containing less than 60 percent alfalfa, the normal 
planting density.
* * * * *

[[Page 23900]]

    Fall planted. A forage crop seeded after June 30, except when 
specified in the Special Provisions.
* * * * *
    Normal planting density. The minimum number of live plants per 
square foot as shown in the Special Provisions.
    Spring planted. A forage crop seeded before July 1, except when 
specified in the Special Provisions.
* * * * *
    Year of establishment. The period between seeding and when the 
forage crop has developed an adequate stand. The year of establishment 
is determined by the date of seeding. The year of establishment for 
spring planted forage is designated by the calendar year in which 
seeding occurred. The year of establishment for fall planted forage is 
designated by the calendar year after the year in which the crop was 
planted. Insurance under this policy does not attach until after the 
year of establishment. Insurance during the year of establishment may 
be available under the forage seeding policy.
    2. Insurance Guarantees, Coverage Levels, and Prices for 
Determining Indemnities.
    In addition to the requirements of section 3 of the Basic 
Provisions:
    (a) You may only select one price election for all the forage in 
the county insured under this policy unless the actuarial documents 
provide different price elections by type, in which case you may select 
one price election for each forage type designated in the actuarial 
documents. The price elections you choose for each type must have the 
same percentage relationship to the maximum price offered by us for 
each type. For example, if you choose 100 percent of the maximum price 
election for a specific type, you must also choose 100 percent of the 
maximum price election for all other types.
    (b) You must report the total production harvested from insurable 
acreage for all cuttings for each unit by the production reporting 
date.
    (c) Separate guarantees will be determined by forage type, as 
applicable.
    3. Contract Changes.
    In accordance with section 4 of the Basic Provisions, the contract 
change date is June 30 preceding the cancellation date.
    4. Cancellation and Termination Dates.
    In accordance with section 2 of the Basic Provisions, the 
cancellation and termination dates are:

------------------------------------------------------------------------
                                              Cancellation/ termination
                   State                                date
------------------------------------------------------------------------
Arizona and California....................  October 31.
All other states..........................  September 30.
------------------------------------------------------------------------

* * * * *
    6. Insured Crop.
    (a) * * *
    (1) In which you have a share;
    (2) That is not grown with the intent to be grazed, or grazed at 
any time during the insurance period; and
    (3) That follows a year of establishment that results in an 
adequate stand as shown in the Special Provisions.
    (b) In addition to the crops listed as not insured in section 8 of 
the Basic Provisions, we will not insure any forage that:
* * * * *
    7. Insurance Period.
    In lieu of the provisions of section 11 of the Basic Provisions:
    (a) Insurance attaches on acreage with an adequate stand on the 
applicable date shown in the actuarial documents; and
    (b) Forage production insurance ends at the earliest of:
* * * * *
    (6) The end of the insurance period date shown in the actuarial 
documents.
    8. Causes of Loss.
    (a) In accordance with the provisions of section 12 of the Basic 
Provisions, insurance is provided only against the following causes of 
loss that occur during the insurance period:
* * * * *
    (b) In addition to the causes of loss specifically excluded in 
section 12 of the Basic Provisions, we will not insure against damage 
of loss of production that occurs after harvest.
    9. Duties in the Event of Damage or Loss.
* * * * *
    (a) You must notify us within 3 days of the date cutting should 
have started if the insured crop will not be harvested;
* * * * *
    10. Settlement of Claim.
* * * * *
    (b) * * *
    (2) Multiplying each result in section 10(b)(1) by the respective 
price election you selected;
    (3) Totaling the results of each crop type in section 10(b)(2);
    (4) Multiplying the total production to be counted of each type, if 
applicable, (see section 10(c)) by the respective price election you 
selected;
    (5) Totaling the results of each crop type in section 10(b)(4);
    (6) Subtracting the result in section 10(b)(5) from the result in 
section 10(b)(3); and
    (7) Multiplying the result in section 10(b)(6) by your share.

Example 1

    Assume you have a 100 percent share in 100 acres of type A forage 
in the unit, with a guarantee of 3.0 tons per acre and a price election 
of $65 per ton. Due to adverse weather you were only able to harvest 
50.0 tons. Your indemnity would be calculated as follows:
    1. 100 acres type A x 3 tons = 300-ton guarantee;
* * * * *

Example 2

    Assume you also have a 100 percent share in 100 acres of type B 
forage in the same unit, with a guarantee of 1.0 ton per acre and a 
price election of $50 per ton. Due to adverse weather you were only 
able to harvest 5.0 tons. Your total indemnity for forage production 
for both types A and B in the same unit would be calculated as follows:
    1. 100 acres x 3 tons = 300-ton guarantee for type A and 100 acres 
x 1 ton = 100-ton guarantee for type B;
    2. 300-ton guarantee x $65 price election = $19,500 total value of 
the guarantee for type A and 100-ton guarantee x $50 price election = 
$5,000 total value of the guarantee for type B;
* * * * *
    (f) In addition to the provisions of section 15 of the Basic 
Provisions, we may determine the amount of production of any 
unharvested forage on the basis of our field appraisals conducted after 
the normal time for each cutting for the area.
* * * * *

0
3. Amend Sec.  457.151 as follows:
0
a. Remove ``2003'' and add ``2021'' in its place in the introductory 
text;
0
b. Remove the undesignated paragraph immediately preceding section 1;
0
c. In section 1:
0
i. Add the definitions of ``Adequate stand'', ``Amount of insurance'', 
and ``Companion crop'' in alphabetical order;
0
ii. Revise the definitions of ``Fall planted'', ``Good farming 
practices'', and ``Harvest'';
0
iii. Add the definition of ``Normal planting density'' in alphabetical 
order;
0
iv. Remove the definitions of ``Normal stand'' and ``Nurse Crop 
(companion crop)''; and
0
v. Revise the definitions of ``Planted acreage'', ``Replanting'', 
``Sales closing date'', and ``Spring planted'';
0
d. Revise sections 3, 5, and 6;

[[Page 23901]]

0
e. In section 7, revise the introductory text and paragraphs (b) and 
(d);
0
f. Revise section 8;
0
g. In section 9, revise the introductory text and paragraphs (c) and 
(g);
0
h. In section 10, revise the introductory text;
0
i. In section 11, revise paragraphs (a) and (b); and
0
j. Revise sections 12 and 13.
    The revisions and additions read as follows:


Sec.  457.151  Forage seeding crop insurance provisions.

* * * * *
    1. Definitions.
    Adequate stand. The number shown in the Special Provisions, 
representing:
    (a) For forage containing 60 percent or more alfalfa, the minimum 
required number of live alfalfa stems per square foot that are two 
inches or greater in height; or
    (b) For forage containing less than 60 percent alfalfa, the normal 
planting density.
    Amount of insurance. The dollar amount of insurance per acre 
obtained by multiplying the reference maximum dollar amount shown in 
the actuarial documents by the coverage level percentage you elect.
    Companion crop. A crop seeded into the same acreage as another 
crop, that is intended to be harvested separately, and that is planted 
to improve growing conditions for the crop with which it is grown.
* * * * *
    Fall planted. A forage crop seeded after June 30, except when 
specified in the Special Provisions.
* * * * *
    Good farming practices. In lieu of the definition in the Basic 
Provisions, the cultural practices generally in use in the county for 
the crop to make normal progress toward maturity and produce an 
adequate stand, and which are those generally recognized by 
agricultural experts or organic agricultural experts as compatible with 
agronomic and weather conditions for the area.
    Harvest. Severance of the forage plant from its roots. Acreage that 
is grazed will not be considered harvested.
    Normal planting density. The minimum number of live plants per 
square foot as shown in the Special Provisions.
    Planted acreage. In addition to the definition in the Basic 
Provisions, land on which seed is initially spread onto the soil 
surface by any method and subsequently is mechanically incorporated 
into the soil in a timely manner and at the proper depth will be 
considered planted, unless otherwise provided by the Special 
Provisions, actuarial documents, or written agreement.
    Replanting. In addition to the definition in the Basic Provisions, 
placing new seed into an existing damaged stand, using a reduced 
seeding rate from the original seeding rate, will not be considered 
replanting.
    Sales closing date. In lieu of the definition contained in the 
Basic Provisions, a date contained in the Special Provisions by which 
an application must be filed and by which you may change your crop 
insurance coverage for a crop year. If the Special Provisions provide a 
sales closing date for both fall planted and spring planted practices 
for the insured crop and you plant any insurable fall planted acreage, 
you may not change your crop insurance coverage after the sales closing 
date for the fall planted practice.
    Spring planted. A forage crop seeded before July 1, except when 
specified in the Special Provisions.
* * * * *
    3. Amounts of Insurance.
    In addition to the requirements of section 3 of the Basic 
Provisions:
    (a) You may only select one coverage level and the corresponding 
amount of insurance designated in the actuarial documents for the 
applicable type and practice for all the forage seeding in the county 
that is insured under this policy. The amount of insurance you choose 
for each type and practice must have the same percentage relationship 
to the maximum amount of insurance offered by us for each type and 
practice. For example, if you choose 100 percent of the maximum amount 
of insurance for a specific type and practice, you must also choose 100 
percent of the maximum amount of insurance for all other types and 
practices.
    (b) In counties with both fall and spring sales closing dates for 
the insured crop:
    (1) If you do not have any fall planted acreage, you may purchase 
or revise your coverage for your spring planted acreage until the 
spring sales closing date;
    (2) In accordance with section 3(a), if you insured your fall 
planted acreage, you must insure your spring planted acreage with the 
same coverage as the fall planted acreage; and
    (3) If you did not insure your fall planted acreage, you are not 
eligible to purchase insurance for the spring planted acreage.
    (c) The production reporting requirements contained in section 3 of 
the Basic Provisions, do not apply to forage seeding.
* * * * *
    5. Cancellation and Termination Dates.
    In accordance with section 2 of the Basic Provisions, the 
cancellation and termination dates are:

------------------------------------------------------------------------
              State                  Cancellation         Termination
------------------------------------------------------------------------
Maine...........................  March 15..........  March 15.
All other states................  July 31...........  September 30.
------------------------------------------------------------------------

    6. Report of Acreage.
    In lieu of the provisions of section 6(a) of the Basic Provisions, 
a report of all insured acreage of forage seeding must be submitted on 
or before each forage seeding acreage reporting date specified in the 
Special Provisions.
    7. Insured Crop.
    In accordance with section 8 of the Basic Provisions, the crop 
insured will be all the forage in the county for which a premium rate 
is provided by the actuarial documents:
* * * * *
    (b) That is planted during the current crop year, or replanted 
during the calendar year following planting, to establish an adequate 
stand of forage;
* * * * *
    (d) That is not interplanted with another crop, except companion 
crops, unless allowed by the Special Provisions or by written 
agreement.
    8. Insurable Acreage.
    In addition to the provisions of section 9 of the Basic Provisions, 
unless otherwise specified in the Special Provisions, any acreage of 
the insured crop damaged before the spring final planting date, to the 
extent that such acreage has less than 75 percent of a normal planting 
density, must be replanted unless we agree that it is not practical to 
replant.
    9. Insurance Period.
    In lieu of the provisions of section 11 of the Basic Provisions 
regarding when

[[Page 23902]]

insurance ends, forage seeding insurance will end at the earliest of:
* * * * *
    (c) The first harvest after the late harvest date, if a late 
harvest date is specified in the Special Provisions (You may harvest 
the crop as often as practical in accordance with good farming 
practices on or before the late harvest date);
* * * * *
    (g) The end of insurance period date shown in the actuarial 
documents.
    10. Causes of Loss.
    In accordance with the provisions of section 12 of the Basic 
Provisions, insurance is provided only against the following causes 
that result in loss of, or failure to establish, an adequate stand that 
occurs during the insurance period:
* * * * *
    11. Replanting Payment.
* * * * *
    (a) Unless otherwise specified in the Special Provisions, a 
replanting payment is allowed if:
    (1) It is practical to replant;
    (2) We give written consent to replant;
    (3) In California, acreage planted to the insured crop is damaged 
by an insurable cause of loss occurring before the spring final 
planting date in the actuarial documents to the extent that less than 
75 percent of the normal planting density remains, and the crop can 
reach maturity before the end of the insurance period;
    (4) In all other states:
    (i) The insured spring or fall planted acreage is damaged by an 
insurable cause of loss to the extent that less than 75 percent of the 
normal planting density remains;
    (ii) If fall planted, the acreage is replanted the following spring 
by the spring final planting date; and
    (iii) If spring planted, the original planting took place after the 
earliest planting date shown in the Special Provisions, and the acreage 
is replanted by the spring final planting date shown in the Special 
Provisions.
    (b) The amount of the replanting payment will be equal to 50 
percent of the amount of indemnity determined in accordance with 
section 13(a) unless otherwise specified in the Special Provisions.
* * * * *
    12. Duties in the Event of Damage or Loss.
    (a) In accordance with the requirements of section 14 of the Basic 
Provisions, the representative samples of the crop must be at least 10 
feet wide and extend the entire length of each field in the unit. The 
samples must not be harvested or destroyed until the earlier of our 
inspection or 15 days after tilling of the balance of the unit is 
completed.
    (b) In addition to the requirements of section 14 of the Basic 
Provisions, you must give us written notice if, during the period 
before destroying the crop on any damaged fall planted acreage, you 
decide to replant the acreage by the spring final planting date.
    13. Settlement of Claim.
    In the event of loss or damage covered by this policy, we will 
settle your claim on any unit by:
    (a) For each type and practice:
    (1) Determining the value of all insured acreage by multiplying the 
number of insured acres by the dollar amount of insurance;
    (2) Determining the value of the acreage with no insurable losses, 
by multiplying the dollar amount of insurance by the insured acreage 
that:
    (i) Has at least 75 percent of an adequate stand;
    (ii) Was abandoned or put to another use without our prior written 
consent;
    (iii) Was damaged solely by an uninsured cause; or
    (iv) Was harvested and not reseeded.
    (3) Determining the value of the acreage with partial insurable 
losses, by multiplying the dollar amount of insurance by the number of 
insured acres that have a stand less than 75 percent but more than 55 
percent of an adequate stand, by 50 percent (0.5);
    (4) Adding the results in section 13(a)(2) and section 13(a)(3);
    (5) Subtracting the results in section 13(a)(4) from the results in 
section 13(a)(1); and
    (6) Multiplying the result in section 13(a)(3) by your share; and
    (b) Totaling the results in section 13(a).

Example:

    Assume you have a 100 percent share in 30 acres of type A forage in 
the unit, with an amount of insurance of $100 per acre. At the time of 
loss, the following findings are established: 10 acres had a remaining 
stand of 75 percent of an adequate stand or greater. 20 acres had a 
remaining stand less than 75 percent but more than 55 percent of an 
adequate stand.
    You also have a 100 percent share in 20 acres of type B forage in 
the unit, with an amount of insurance of $90 per acre. 10 acres had a 
remaining stand of 75 percent of an adequate stand or greater. 10 acres 
had a remaining stand less than 55 percent of an adequate stand.
    Your indemnity would be calculated as follows:
    1. 30 acres x $100 = $3,000 amount of insurance for type A; 20 
acres x $90 = $1,800 amount of insurance for type B;
    2. 10 acres with 75% of an adequate stand or greater x $100 = 
$1,000 for type A; 10 acres with 75% of an adequate stand or greater x 
$90 = $900 for type B;
    3. 20 acres with less than 75% but greater than 55% of an adequate 
stand x $100 x 50 percent = $1,000 for type A; 0 acres with less than 
75% but greater than 55% of an adequate stand x $90 x 50 percent = $0 
for type B;
    4. $1,000 + $1,000 = $2,000 reduction for type A; $900 + $0 = $900 
reduction for type B;
    5. $3,000 - $2,000 = $1,000 for type A; $1,800 - $900 = $900 for 
type B
    6. $1,000 x 100 percent share = $1,000 for type A; $900 x 100 
percent share = $900 for type B;
    7. $1,000 + $900 = $1,900 total indemnity
* * * * *

Martin R. Barbre,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2020-08708 Filed 4-29-20; 8:45 am]
 BILLING CODE 3410-08-P