80 FR 48003 - Common Crop Insurance Regulations; Macadamia Tree Crop Insurance Provisions Correcting Amendment

DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation

Federal Register Volume 80, Issue 154 (August 11, 2015)

Page Range		48003-48004
FR Document		2015-19465

This document contains necessary amendments for addressing potential ambiguities in the final regulation for Macadamia Tree Crop Insurance Provisions, which was published on April 16, 2015 (80 FR 20407-20413).

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48003-48004]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19465]


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

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

[Docket No. FCIC-14-0004]
RIN 0563-AC44


Common Crop Insurance Regulations; Macadamia Tree Crop Insurance 
Provisions Correcting Amendment

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document contains necessary amendments for addressing 
potential ambiguities in the final regulation for Macadamia Tree Crop 
Insurance Provisions, which was published on April 16, 2015 (80 FR 
20407-20413).

DATES: This rule is effective August 11, 2015.

FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Director, Product 
Administration and Standards Division,

[[Page 48004]]

Risk Management Agency, United States Department of Agriculture, Beacon 
Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141-
6205, telephone (816) 926-7730.

SUPPLEMENTARY INFORMATION: 

Background

    The final regulation subject to this amendment revised the Common 
Crop Insurance Regulations, Macadamia Tree Crop Insurance Provisions. 
The final regulation was published April 16, 2015 (80 FR 20407-20413).

Need for Amendment

    As published, language in the final regulation for Macadamia Tree 
Crop Insurance Provisions may require clarification to ensure proper 
application of the policy provisions. Sections 11(b)(3)(ii)(A) and (B) 
of the Macadamia Tree Crop Insurance Provisions may lack information or 
explanation needed to properly calculate an indemnity. Section 
11(b)(3)(ii)(A) has been clarified to note that the result in this 
provision must also be multiplied by 100 to clearly represent the 
percentage of destroyed trees. Section 11(b)(3)(ii)(B) states the loss 
adjuster must take the number of damaged trees and divide by the total 
number of trees to calculate the percent of damage. However, the loss 
adjuster must also determine the percent of damage for each damaged 
tree within the overall loss calculation formula, when at least some 
damage (rather than solely complete destruction) is at issue. As a 
result, a description of specific additional steps is necessary under 
section 11(b)(3)(ii)(B) to clarify this issue.
    In addition, section 11(c)(1) of the Macadamia Tree Crop Insurance 
Provisions was revised to change the provision from '' . . . over 80 
percent actual damage due to an insured cause of loss will be 
considered to be 100 percent damaged'' to '' . . . over 80 percent of 
the actual trees damaged or destroyed due to an insured cause of loss 
will be considered to be 100 percent damaged . . . '' This change may 
have appeared to require the loss adjuster to determine whether the 
orchard was damaged more than 80 percent solely by counting the number 
of trees damaged or destroyed, without calculating the actual damage to 
individual trees. That application was not FCIC's intent. It is FCIC's 
intent that actual damage to each individual tree, in addition to the 
total number and percentage of actual damaged trees, are both used 
among other factors (such as destroyed trees when applicable) to 
determine whether the orchard is damaged more than 80 percent.

List of Subjects in 7 CFR Part 457

    Crop insurance, Macadamia tree, Reporting and recordkeeping 
requirements, Amendment of publication.
    Accordingly, 7 CFR part 457 is amended by making the following 
correcting amendments:

PART 457--COMMON CROP INSURANCE REGULATIONS

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

    Authority: 7 U.S.C. 1506(1) and 1506(o).


0
2. In Sec.  457.130, under the heading 11. Settlement of Claim, revise 
paragraphs (b)(3)(ii)(A) and (B) paragraph (c) to read as follows:


Sec.  457.130  Macadamia tree crop insurance provisions.

* * * * *
11. Settlement of Claim
* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (A) For destroyed trees, divide the number of trees destroyed by 
the total number of trees and multiply by 100 to calculate the percent 
of loss;
    (B) For damaged trees:
    (1) Divide the number of trees damaged by the total number of trees 
(both damaged and undamaged) to calculate the amount of damage;
    (2) Divide the number of damaged scaffold limbs by the total number 
of scaffold limbs on each damaged tree to calculate the amount of 
damage for each damaged tree;
    (3) Total the results in (b)(3)(ii)(B)(2);
    (4) Divide the result of (b)(3)(ii)(B)(3) by the number of damaged 
trees;
    (5) Multiply the result of (b)(3)(ii)(B)(1) by the result of 
(b)(3)(ii)(B)(4), then multiply that result by 100 to calculate the 
percent of loss; and
* * * * *
    (c) * * *
    (1) Any orchard with damage, destruction, or combined damage and 
destruction, that results in a total percent of loss greater than 80 
percent due to an insured cause of loss will be considered to be 100 
percent damaged and/or destroyed; and
* * * * *

    Signed in Washington, DC, on July 31, 2015.
Brandon Willis,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2015-19465 Filed 8-10-15; 8:45 am]
 BILLING CODE 3410-08-P

Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations 48003

Register on October 27, 2014 (79 FR provides that all treatments are subject either after harvest and prior to
63807–63809, Docket No. APHIS–2013– to monitoring and verification by exportation to the United States, or
0059), and effective on November 26, APHIS. upon arrival at the port of entry in
2014, we amended the regulations As a matter of APHIS policy, we Arizona, California, Florida, Hawaii,
concerning the importation of citrus currently require chemical treatments Louisiana, or Texas. Fumigation will not
fruit (referred to below as the performed outside the United States to be required for shipments of oranges
regulations) to remove certain be monitored and certified by APHIS grown on Honshu Island or Shikoku
restrictions on the importation of Unshu inspectors and do not authorize other Island, Japan, that are to be imported
oranges from Japan. Among other officials to perform such functions in into States other than Arizona,
changes, we removed a requirement our absence. Accordingly, when we California, Florida, Hawaii, Louisiana,
from the regulations that required the recalled APHIS inspectors assigned to or Texas.
oranges to be grown in export areas in the export program for Unshu oranges to * * * * *
Japan that are free of citrus canker the United States from Japan, we (8) * * *
(Xanthomonas citri subsp. citri, referred effectively precluded Shikoku and (ii)(A) Unshu oranges from Honshu
to as Xcc), with buffer zones that are Honshu Islands from administering the Island or Shikoku Island, Japan, may not
similarly free of Xcc, based on joint methyl bromide treatment required by be imported into American Samoa,
inspection by the Government of Japan the regulations for citrus destined to Northern Mariana Islands, Puerto Rico,
and the Animal and Plant Health Arizona, California, Florida, Hawaii, or the U.S. Virgin Islands.
Inspection Service (APHIS). We also Louisiana, or Texas. We thus (B) Unshu oranges from Kyushu
removed a requirement from the inadvertently prohibited the two islands Island, Japan (Prefectures of Fukuoka,
regulations that required the national from shipping Unshu oranges to those Kumanmoto, Nagasaki, and Saga only)
plant protection organization (NPPO) of States. that have not been fumigated in
Japan and APHIS to jointly inspect fruit This was not our intent. Therefore, we
accordance with part 305 of this chapter
in the groves prior to and during are amending the regulations to allow
may not be imported into American
harvest, as well as in the packinghouses Unshu oranges from Shikoku or Honshu
Samoa, Arizona, California, Florida,
during packinghouse operations. We Islands to be fumigated with methyl
Hawaii, Louisiana, the Northern
removed these requirements in order to bromide at the port of entry into
Mariana Islands, Puerto Rico, Texas, or
make our regulations concerning the Arizona, California, Florida, Hawaii,
the U.S. Virgin Islands.
importation of Unshu oranges from Louisiana, or Texas. We are also
Japan consistent with our domestic amending the regulations to allow such * * * * *
regulations concerning the interstate oranges to be shipped to Arizona, Done in Washington, DC, this 5th day of
movement of citrus fruit from areas California, Florida, Hawaii, Louisiana, August 2015.
quarantined for citrus canker, which do or Texas without prior methyl bromide Kevin Shea,
not require APHIS oversight of grove or fumigation, provided that they are Administrator, Animal and Plant Health
packinghouse inspections. fumigated at the port of entry in Inspection Service.
As a result of the rule, APHIS Arizona, California, Florida, Hawaii, [FR Doc. 2015–19698 Filed 8–10–15; 8:45 am]
believed that its presence in Japan to Louisiana, or Texas. BILLING CODE 3410–34–P
help oversee the export program for
Unshu oranges to the United States was List of Subjects in 7 CFR Part 319
no longer necessary. Accordingly, we Coffee, Cotton, Fruits, Imports, Logs, DEPARTMENT OF AGRICULTURE
recalled inspectors assigned to that Nursery stock, Plant diseases and pests,
program to the United States. Quarantine, Reporting and Federal Crop Insurance Corporation
However, our final rule retained recordkeeping requirements, Rice,
provisions in the regulations that Vegetables. 7 CFR Part 457
required Unshu oranges imported from Accordingly, we are amending 7 CFR [Docket No. FCIC–14–0004]
Shikoku and Honshu Islands in Japan to part 319 as follows:
be fumigated with methyl bromide in RIN 0563–AC44
accordance with 7 CFR part 305 after PART 319—FOREIGN QUARANTINE
harvest and prior to export to the United NOTICES Common Crop Insurance Regulations;
States, if the oranges are to be imported Macadamia Tree Crop Insurance
into Arizona, California, Florida, ■ 1. The authority citation for part 319 Provisions Correcting Amendment
Hawaii, Louisiana, or Texas, all of continues to read as follows:
AGENCY: Federal Crop Insurance
which have significant commercial Authority: 7 U.S.C. 450, 7701–7772, and Corporation, USDA.
citrus production. We also retained 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3. ACTION: Final rule; correcting
provisions of the regulations that
amendment.
prohibited Unshu oranges from Shikoku ■ 2. Section 319.28 is amended by
or Honshu Island that have not been revising paragraphs (b)(6) and (b)(8)(ii) SUMMARY: This document contains
fumigated with methyl bromide in to read as follows: necessary amendments for addressing
accordance with 7 CFR part 305 from potential ambiguities in the final
being imported into Arizona, California, § 319.28 Notice of quarantine.
regulation for Macadamia Tree Crop
Florida, Hawaii, Louisiana, or Texas. * * * * * Insurance Provisions, which was
Within part 305, § 305.4 requires any (b) * * *
(6) To be eligible for importation into published on April 16, 2015 (80 FR
rmajette on DSK2TPTVN1PROD with RULES

treatment performed outside of the 20407–20413).
United States to be monitored and Arizona, California, Florida, Hawaii,
Louisiana, or Texas, each shipment of DATES: This rule is effective August 11,
certified by inspector or an official
authorized by APHIS, and further oranges grown on Honshu Island or 2015.
Shikoku Island, Japan, must be FOR FURTHER INFORMATION CONTACT: Tim
www.regulations.gov/#!docketDetail;D=APHIS- fumigated with methyl bromide in Hoffmann, Director, Product
2013-0059. accordance with part 305 of this chapter Administration and Standards Division,

VerDate Sep<11>2014 15:24 Aug 10, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\11AUR1.SGM 11AUR1

Document Created: 2016-09-27 22:25:19
Document Modified: 2016-09-27 22:25:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correcting amendment.
Dates		This rule is effective August 11, 2015.
Contact		Tim Hoffmann, Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141- 6205, telephone (816) 926-7730.
FR Citation		80 FR 48003
RIN Number		0563-AC44
CFR Associated		Crop Insurance; Macadamia Tree; Reporting and Recordkeeping Requirements and Amendment of Publication

80 FR 48003 - Common Crop Insurance Regulations; Macadamia Tree Crop Insurance Provisions Correcting Amendment

DEPARTMENT OF AGRICULTUREFederal Crop Insurance Corporation

Federal Register Volume 80, Issue 154 (August 11, 2015)

DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation