Actual Production History (APH) and Other Crop Insurance Transparency; Corrections, 59789-59790 [2023-18689]

Download as PDF 59789 Rules and Regulations Federal Register Vol. 88, No. 167 Wednesday, August 30, 2023 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. DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 [Docket ID FCIC–23–0004] RIN 0563–AC83 Actual Production History (APH) and Other Crop Insurance Transparency; Corrections Federal Crop Insurance Corporation, U.S. Department of Agriculture (USDA). ACTION: Correcting amendment. AGENCY: On June 29, 2023, the Federal Crop Insurance Corporation revised the Area Risk Protection Insurance (ARPI) Regulations, Common Crop Insurance Policy (CCIP) Basic Provisions, and the General Administrative Regulations. In reviewing the changes made, FCIC found some incorrect references and conflicting provisions that were not updated to accurately incorporate the changes, and a grammatical error was included in the amendatory instructions. This document makes the corrections. DATES: Effective August 30, 2023. FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926– 7730; email francie.tolle@usda.gov. Persons with disabilities who require alternative means of communication should contact the USDA Target Center at (202) 720–2600 or 844–433–2774. SUPPLEMENTARY INFORMATION: SUMMARY: and the General Administrative Regulations in subpart G of part 400 (Actual Production History) (7 CFR 400.51 through 400.56). The rule moved existing regulatory language from 7 CFR part 400 (subpart G) into the CCIP Basic Provisions and obsoleted subpart G. Since the publication of the rule, FCIC has identified several references to subpart G that need correction to refer to CCIP Basic Provisions. Additionally, the rule revised production reporting requirements for producers to report ‘‘current’’ year production rather than ‘‘previous’’ year production. Since the publication of the rule, FCIC has found similar references to ‘‘previous’’ year production in various Crop Provisions that need to be corrected to ‘‘current’’ year for consistency with changes made in the rule. Lastly, the final rule allowed for enterprise units and whole farm units to be identified by the actuarial documents. FCIC has identified conflicting provisions that need to be updated. This document makes the corrections in the following Provisions: • Common Crop Insurance Policy Basic Provisions (7 CFR 457.8); • Texas Citrus Fruit Crop Insurance Provisions (7 CFR 457.119); • Arizona-California Citrus Crop Insurance Provisions (7 CFR 457.121); • Macadamia Nut Crop Insurance Provisions (7 CFR 457.131); and • California Avocado Crop Insurance Provisions (7 CFR 457.175). CFR part 400, subpart G’’ and add ‘‘section 3(f)(1) and section 5’’ in their place; ■ c. In section 22, in paragraph (a) introductory text, remove the words ‘‘(For example’’ and add ‘‘(for example’’ in their place; and ■ d. In section 34: ■ i. Revise paragraph (a)(2)(iii); ■ ii. In paragraph (a)(3)(i)(A)(1), remove the words ‘‘Special Provisions’’ and add ‘‘actuarial documents’’ in their place; and ■ iii. In paragraph (a)(3)(v) introductory text, remove the words ‘‘, even though you elected revenue protection for all your crops’’. The revision reads as follows: List of Subjects in 7 CFR Part 457 § 457.119 Texas citrus fruit crop insurance provisions. Acreage allotments, Crop insurance, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 457 is corrected by making the following amendments: * PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for part 457 continues to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 Background Authority: 7 U.S.C. 1506(l), 1506(o). The Common Crop Insurance Regulations in 7 CFR part 457 were revised by a final rule with request for comments published in the Federal Register on June 29, 2023 (88 FR 42015– 42026). Changes were made in that rule to the Area Risk Protection Insurance (ARPI) Basic Provisions (7 CFR part 407), Common Crop Insurance Policy (CCIP) Basic Provisions (7 CFR 457.8), VerDate Sep<11>2014 16:02 Aug 29, 2023 Jkt 259001 2. In § 457.8 in the ‘‘Common Crop Insurance Policy’’: ■ a. In section 3, in paragraph (f)(1) introductory text, remove the words ‘‘specified in the Special Provisions’’ and add ‘‘specified in the Crop Provisions or Special Provisions’’ in their place; ■ b. In section 21, in paragraph (f)(1), remove the words ‘‘section 3(f)(1) and 7 ■ PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 § 457.8 * The application and policy. * * * * Common Crop Insurance Policy * * * * * 34. Units (a) * * * (2) * * * (iii) Enterprise units must be allowed by the actuarial documents; * * * * * ■ 3. In § 457.119 in the ‘‘Texas Citrus Fruit Crop Provisions’’ in section 3, revise paragraphs (f) and (g) to read as follows: * * * * 3. Insurance Guarantees, Coverage Levels, and Prices * * * * * (f) Your approved yield will be determined in accordance with sections 3 and 5 of the Basic Provisions. (g) Instead of reporting your production for the current crop year, as required by section 3(f)(1) of the Basic Provisions, there is a lag year and you are required to report production from two crop years ago by the production reporting date, e.g., 2023 crop year production must be reported by the production reporting date for the 2025 crop year. * * * * * ■ 4. In § 457.121 in the ‘‘ArizonaCalifornia Citrus Crop Provisions’’ in section 3 revise paragraph (b) to read as follows: ■ E:\FR\FM\30AUR1.SGM 30AUR1 59790 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations § 457.121 Arizona-California citrus crop insurance provisions. * * * * * 3. Insurance Guarantees, Coverage Levels, and Prices * * * * * (b) Instead of reporting your production of marketable fresh fruit for the current crop year, as required by section 3(f)(1) of the Basic Provisions, there is a lag year and you are required to report production from two crop years ago by the production reporting date, e.g., 2023 crop year production must be reported by the production reporting date for the 2025 crop year. * * * * * ■ 5. In § 457.131 in the ‘‘Macadamia Nut Crop Provisions’’, section 3: ■ i. In paragraph (c), remove the words ‘‘The yield used to compute your production guarantee will be determined in accordance with Actual Production History (APH) regulations, 7 CFR part 400, subpart G, and applicable policy provisions’’ and add ‘‘Your approved yield will be determined in accordance with sections 3 and 5 of the Basic Provisions’’ in their place; and ■ ii. Revise paragraph (d). The revision reads as follows: § 457.131 Macadamia nut crop insurance provisions. * * * * * 3. Insurance Guarantees, Coverage Levels, and Prices * * * * * (d) Instead of reporting your production for the current crop year, as required by section 3(f)(1) of the Basic Provisions, there is a lag year and you are required to report production from two crop years ago by the production reporting date, e.g., 2023 crop year production must be reported by the production reporting date for the 2025 crop year. * * * * * ■ 6. In § 457.175, in the ‘‘California Avocado Crop Provisions’’, in section 3, revise paragraph (e) and the last two sentences of paragraph (f)(2) to read as follows: § 457.175 California avocado crop insurance provisions. lotter on DSK11XQN23PROD with RULES1 * * * * * 3. Insurance Guarantees, Coverage Levels, and Prices * * * * * (e) Instead of reporting your production for the current crop year as required by section 3(f)(1) of the Basic Provisions, you are required to report the production for the crop year that VerDate Sep<11>2014 16:02 Aug 29, 2023 Jkt 259001 ended on the October 31 immediately preceding the cancellation date, e.g., 2023 crop year production must be reported by the production reporting date for the 2025 crop year. (f) * * * (2) * * * The percentages will be those described in sections 3 and 5 of the Basic Provisions. All other provisions of sections 3 and 5 of the Basic Provisions apply. * * * * * Marcia Bunger, Manager, Federal Crop Insurance Corporation. [FR Doc. 2023–18689 Filed 8–29–23; 8:45 am] BILLING CODE 3410–08–P DEPARTMENT OF ENERGY 10 CFR Part 430 [EERE–2017–BT–TP–0012] RIN 1904–AD47 Energy Conservation Program: Test Procedure for Room Air Conditioners Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Correcting amendments. AGENCY: On March 29, 2021, the U.S. Department of Energy (‘‘DOE’’) published a final rule that amended the test procedure for room air conditioners (‘‘room ACs’’). This document corrects errors in the amended regulatory text as it appeared in the March 2021 final rule. Neither the errors nor the corrections in this document affect the substance of the rulemaking or any conclusions reached in support of the final rule. DATES: Effective August 30, 2023. FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287– 5904. Email: ApplianceStandardsQuestions@ ee.doe.gov. Ms. Sarah Butler, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 586–1777. Email: sarah.butler@hq.doe.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DOE published a final rule in the Federal Register on March 29, 2021, amending the procedure for room ACs PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 at title 10 of the Code of Federal Regulations (‘‘CFR’’), part 430, subpart B, appendix F (‘‘appendix F’’). 86 FR 16446. Since publication of the final rule, DOE identified errors in the regulatory text for the room AC test procedure. The first identified error in the regulatory text is in section 4.2.1 of appendix F, which states, ‘‘If the unit has an inactive mode, as defined in section 2.14 of this appendix, as defined in section 2.17 of this appendix, measure and record the average inactive mode power, Pia, in watts.’’ Since the term ‘‘inactive mode’’ is defined in section 2.14, the phrase ‘‘as defined in section 2.17’’ is erroneous and should be removed from that sentence. The second error is in section 5.3.6, in which the term ‘‘AECia/om’’ is defined to mean ‘‘annual energy consumption in inactive mode of off mode, in kWh/year, determined in section 5.1 of this appendix.’’ Section 5.1 correctly defines ‘‘AECia/om’’ as annual energy consumption in inactive mode and off mode. Thus, the definition in section 5.3.6 should read ‘‘annual energy consumption in inactive mode and off mode, in kWh/year, determined in section 5.1 of this appendix.’’ Similarly, the definition for ‘‘AECia/om’’ in sections 5.2.2 and 5.3.7 should also read ‘‘annual energy consumption in inactive mode and off mode, in kWh/year, determined in section 5.1 of this appendix.’’ II. Need for Correction As published, the regulatory text in the March 2021 final rule may result in confusion as to the meaning of these terms and the references to provisions elsewhere in the test procedure. Because this final rule would simply correct errors in the text without making substantive changes in the March 2021 final rule, the changes addressed in this document are technical in nature. III. Procedural Issues and Regulatory Review DOE has concluded that the determinations made pursuant to the various procedural requirements applicable to the March 2021 final rule remain unchanged for this final rule technical correction. These determinations are set forth in the March 2021 final rule. 86 FR 16446, 16472. Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), DOE finds that there is good cause to not issue a separate notice to solicit public comment on the changes contained in this document. Issuing a separate notice to solicit public comment would be impracticable, unnecessary, and contrary to the public E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59789-59790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18689]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

========================================================================


Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / 
Rules and Regulations

[[Page 59789]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

[Docket ID FCIC-23-0004]
RIN 0563-AC83


Actual Production History (APH) and Other Crop Insurance 
Transparency; Corrections

AGENCY: Federal Crop Insurance Corporation, U.S. Department of 
Agriculture (USDA).

ACTION: Correcting amendment.

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

SUMMARY: On June 29, 2023, the Federal Crop Insurance Corporation 
revised the Area Risk Protection Insurance (ARPI) Regulations, Common 
Crop Insurance Policy (CCIP) Basic Provisions, and the General 
Administrative Regulations. In reviewing the changes made, FCIC found 
some incorrect references and conflicting provisions that were not 
updated to accurately incorporate the changes, and a grammatical error 
was included in the amendatory instructions. This document makes the 
corrections.

DATES: Effective August 30, 2023.

FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926-
7730; email [email protected]. Persons with disabilities who 
require alternative means of communication should contact the USDA 
Target Center at (202) 720-2600 or 844-433-2774.

SUPPLEMENTARY INFORMATION:

Background

    The Common Crop Insurance Regulations in 7 CFR part 457 were 
revised by a final rule with request for comments published in the 
Federal Register on June 29, 2023 (88 FR 42015-42026). Changes were 
made in that rule to the Area Risk Protection Insurance (ARPI) Basic 
Provisions (7 CFR part 407), Common Crop Insurance Policy (CCIP) Basic 
Provisions (7 CFR 457.8), and the General Administrative Regulations in 
subpart G of part 400 (Actual Production History) (7 CFR 400.51 through 
400.56). The rule moved existing regulatory language from 7 CFR part 
400 (subpart G) into the CCIP Basic Provisions and obsoleted subpart G. 
Since the publication of the rule, FCIC has identified several 
references to subpart G that need correction to refer to CCIP Basic 
Provisions. Additionally, the rule revised production reporting 
requirements for producers to report ``current'' year production rather 
than ``previous'' year production. Since the publication of the rule, 
FCIC has found similar references to ``previous'' year production in 
various Crop Provisions that need to be corrected to ``current'' year 
for consistency with changes made in the rule. Lastly, the final rule 
allowed for enterprise units and whole farm units to be identified by 
the actuarial documents. FCIC has identified conflicting provisions 
that need to be updated. This document makes the corrections in the 
following Provisions:
     Common Crop Insurance Policy Basic Provisions (7 CFR 
457.8);
     Texas Citrus Fruit Crop Insurance Provisions (7 CFR 
457.119);
     Arizona-California Citrus Crop Insurance Provisions (7 CFR 
457.121);
     Macadamia Nut Crop Insurance Provisions (7 CFR 457.131); 
and
     California Avocado Crop Insurance Provisions (7 CFR 
457.175).

List of Subjects in 7 CFR Part 457

    Acreage allotments, Crop insurance, Reporting and recordkeeping 
requirements.

    Accordingly, 7 CFR part 457 is corrected by making the following 
amendments:

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(l), 1506(o).


0
2. In Sec.  457.8 in the ``Common Crop Insurance Policy'':
0
a. In section 3, in paragraph (f)(1) introductory text, remove the 
words ``specified in the Special Provisions'' and add ``specified in 
the Crop Provisions or Special Provisions'' in their place;
0
b. In section 21, in paragraph (f)(1), remove the words ``section 
3(f)(1) and 7 CFR part 400, subpart G'' and add ``section 3(f)(1) and 
section 5'' in their place;
0
c. In section 22, in paragraph (a) introductory text, remove the words 
``(For example'' and add ``(for example'' in their place; and
0
d. In section 34:
0
i. Revise paragraph (a)(2)(iii);
0
ii. In paragraph (a)(3)(i)(A)(1), remove the words ``Special 
Provisions'' and add ``actuarial documents'' in their place; and
0
iii. In paragraph (a)(3)(v) introductory text, remove the words ``, 
even though you elected revenue protection for all your crops''.
    The revision reads as follows:


Sec.  457.8   The application and policy.

* * * * *

Common Crop Insurance Policy

* * * * *
34. Units
    (a) * * *
    (2) * * *
    (iii) Enterprise units must be allowed by the actuarial documents;
* * * * *

0
3. In Sec.  457.119 in the ``Texas Citrus Fruit Crop Provisions'' in 
section 3, revise paragraphs (f) and (g) to read as follows:


Sec.  457.119   Texas citrus fruit crop insurance provisions.

* * * * *
0
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (f) Your approved yield will be determined in accordance with 
sections 3 and 5 of the Basic Provisions.
    (g) Instead of reporting your production for the current crop year, 
as required by section 3(f)(1) of the Basic Provisions, there is a lag 
year and you are required to report production from two crop years ago 
by the production reporting date, e.g., 2023 crop year production must 
be reported by the production reporting date for the 2025 crop year.
* * * * *

0
4. In Sec.  457.121 in the ``Arizona-California Citrus Crop 
Provisions'' in section 3 revise paragraph (b) to read as follows:

[[Page 59790]]

Sec.  457.121   Arizona-California citrus crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (b) Instead of reporting your production of marketable fresh fruit 
for the current crop year, as required by section 3(f)(1) of the Basic 
Provisions, there is a lag year and you are required to report 
production from two crop years ago by the production reporting date, 
e.g., 2023 crop year production must be reported by the production 
reporting date for the 2025 crop year.
* * * * *

0
5. In Sec.  457.131 in the ``Macadamia Nut Crop Provisions'', section 
3:
0
i. In paragraph (c), remove the words ``The yield used to compute your 
production guarantee will be determined in accordance with Actual 
Production History (APH) regulations, 7 CFR part 400, subpart G, and 
applicable policy provisions'' and add ``Your approved yield will be 
determined in accordance with sections 3 and 5 of the Basic 
Provisions'' in their place; and
0
ii. Revise paragraph (d).
    The revision reads as follows:


Sec.  457.131   Macadamia nut crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (d) Instead of reporting your production for the current crop year, 
as required by section 3(f)(1) of the Basic Provisions, there is a lag 
year and you are required to report production from two crop years ago 
by the production reporting date, e.g., 2023 crop year production must 
be reported by the production reporting date for the 2025 crop year.
* * * * *

0
6. In Sec.  457.175, in the ``California Avocado Crop Provisions'', in 
section 3, revise paragraph (e) and the last two sentences of paragraph 
(f)(2) to read as follows:


Sec.  457.175   California avocado crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (e) Instead of reporting your production for the current crop year 
as required by section 3(f)(1) of the Basic Provisions, you are 
required to report the production for the crop year that ended on the 
October 31 immediately preceding the cancellation date, e.g., 2023 crop 
year production must be reported by the production reporting date for 
the 2025 crop year.
    (f) * * *
    (2) * * * The percentages will be those described in sections 3 and 
5 of the Basic Provisions. All other provisions of sections 3 and 5 of 
the Basic Provisions apply.
* * * * *

Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2023-18689 Filed 8-29-23; 8:45 am]
BILLING CODE 3410-08-P


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