80 FR 73637 - Area Risk Protection Insurance (ARPI) Regulations; ARPI Basic Provisions and ARPI Forage Crop Insurance Provisions
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation Federal Register Volume 80, Issue 227 (November 25, 2015)
Federal Crop Insurance Corporation
Federal Register Volume 80, Issue 227 (November 25, 2015)
| Page Range | 73637-73639 | |
| FR Document | 2015-29652 |
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)] [Rules and Regulations] [Pages 73637-73639] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29652] ======================================================================== 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations [[Page 73637]] DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 407 [Docket No. FCIC-15-0003] RIN 0563-AC49 Area Risk Protection Insurance (ARPI) Regulations; ARPI Basic Provisions and ARPI Forage 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 Area Risk Protection Insurance (ARPI) Regulations; ARPI Basic Provisions and ARPI Forage Crop Insurance Provisions. The intended effect of this action is to meet the goals of the Acreage Crop Reporting Streamlining Initiative (ACRSI), which is a United States Department of Agriculture initiative and required by Agricultural Act of 2014 (2014 Farm Bill), by aligning ARPI Forage Production with the Actual Production History Forage Production Crop Insurance Provisions and to address language contained in section 12305(b)(1)(B) of the 2014 Farm Bill that prohibits FCIC from offering the catastrophic (CAT) level of coverage for any crops or grasses used for grazing. The changes will be effective for the 2017 and succeeding crop years. DATES: This rule is effective November 25, 2015. Written comments and opinions on this rule will be accepted until close of business January 25, 2016. FCIC will consider the comments received and may conduct additional rulemaking based on the comments. ADDRESSES: FCIC prefers that comments be submitted electronically through the Federal eRulemaking Portal. You may submit comments, identified by Docket ID No. FCIC-15-0003 by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, P.O. Box 419205, Kansas City, MO 64133-6205. All comments received, including those received by mail, will be posted without change to http://www.regulations.gov, including any personal information provided, and can be accessed by the public. All comments must include the agency name and docket number or Regulatory Information Number (RIN) for this rule. For detailed instructions on submitting comments and additional information, see http://www.regulations.gov. If you are submitting comments electronically through the Federal eRulemaking Portal and want to attach a document, we ask that it be in a text-based format. If you want to attach a document that is a scanned Adobe PDF file, it must be scanned as text and not as an image, thus allowing FCIC to search and copy certain portions of your submissions. For questions regarding attaching a document that is a scanned Adobe PDF file, please contact the RMA Web Content Team at (816) 823-4694 or by email at [email protected]. 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.). You may review the complete User Notice and Privacy Notice for Regulations.gov at http://www.regulations.gov/#!privacyNotice. FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Director, Product Management, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141- 6205, telephone (816) 926-7730. SUPPLEMENTARY INFORMATION: Notice and Comment We are issuing this final rule without prior notice and opportunity for comment. The Administrative Procedure Act (APA) exempts rules ``relating to agency management or personnel or to public property, loans, grants, benefits, or contracts'' from the statutory requirement for prior notice and opportunity for comment. 5 U.S.C. 553(a)(2). However, FCIC is providing a 60-day comment period and we invite you to participate in this rulemaking by submitting written comments. We will consider the comments we receive and may conduct additional rulemaking based on the comments. Executive Order 12866 The Office of Management and Budget (OMB) has determined that this rule is not-significant for the purpose of Executive Order 12866 and, therefore, it has not been reviewed by OMB. Paperwork Reduction Act of 1995 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control number 0563-0085. E-Government Act Compliance FCIC is committed to complying with the E-Government Act of 2002, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on [[Page 73638]] States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees and compute premium amounts, and all producers are required to submit a notice of loss and production information to determine the amount of an indemnity payment in the event of an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have an impact on small entities, and therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or action by FCIC to require the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. Environmental Evaluation This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. Background FCIC amends the Area Risk Protection Insurance Regulations (7 CFR part 407) by revising Sec. 407.9 Area Risk Protection Insurance Policy and Sec. 407.13 Forage Crop Insurance Provisions to be effective for the 2017 succeeding crop years. The revisions meet certain goals of ACRSI, which include elimination of duplicate information collection, simplification of producer reporting, and incorporating language contained in section 12305(b)(1)(B) of the 2014 Farm Bill prohibiting FCIC from offering the CAT level of coverage for any crops or grasses used for grazing. Previously, changes made to the Federal crop insurance policies codified in the Code of Federal Regulations were required to be implemented through the rulemaking process. Such action was not required by the Administrative Procedures Act because contracts were exempt from notice and comment rulemaking and the crop insurance policy is a contract. However, a prior Secretary of Agriculture published a notice in the Federal Register stating that the Department of Agriculture would, to the maximum extent practicable, use the notice and comment rulemaking process when making program changes, including those involving contracts. FCIC has complied with this notice over the subsequent years. Recently, the current Secretary of Agriculture has published a notice in the Federal Register rescinding the prior notice, thereby making contracts again exempt from the notice and comment rulemaking process. However, FCIC values the input it receives through comments and has elected to solicit comments to this final rule. FCIC will consider all of the comments that are received and may conduct additional rulemaking based on the comments. For these reasons, these policy changes are effective upon publication at the Office of the Federal Register. The specific revisions to Area Risk Protection Insurance Policy (7 CFR 407.9) are as follows: 1. Section 8--FCIC is revising paragraph (e)(2). The current provisions regarding the insured's ability to revise an acreage report state that consent may only be provided if the information on the acreage report is clearly transposed, or the insured provides adequate evidence that the insurance company or someone from USDA has committed an error regarding the information on the acreage report. FCIC is revising this provision to include language that gives FCIC the flexibility through the Crop Provisions or through the Special Provisions to provide additional circumstances for which insureds may revise their acreage reports. This change is necessary due to changes in the ARPI Forage Crop Provisions stated below that allow acreage reports be revised when the acreage has suffered winterkill. FCIC is also revising the paragraph to improve readability. The specific changes to ARPI Forage crop insurance provisions (7 CFR 407.13) are as follows: 1. Section 1--FCIC is revising the definition of ``harvest.'' The definition of ``harvest'' states ``removal of the forage from the field, and rotational grazing.'' However, the 2014 Farm Bill prohibits FCIC from offering the CAT level of coverage for any crops or grasses used for grazing. Further, the Noninsured Crop Assistance Program (NAP) offers coverage at the CAT and additional levels of coverage. To avoid confusion between the benefits available, FCIC is removing the option to purchase coverage for grazing at the additional and CAT level of coverage so that forage producers are eligible for at least the CAT level of coverage offered under other USDA programs. Therefore, FCIC is removing the term ``rotational grazing,'' from the definition of ``harvest'' and removing the definition of ``rotational grazing'' so that FCIC can continue to offer the CAT level of coverage to forage producers who do not graze acreage. 2. Section 5--FCIC is moving the cancellation date, termination date and contract change date 60 days earlier: For the termination and cancellation dates, [[Page 73639]] from November 30 to September 30, and for the contact change date, from August 31 to June 30. A goal under ACRSI is to establish one acreage reporting date for each commodity that will be used for USDA programs. For perennial forage, ACRSI established two commodities for perennial forage: an established stand and fall-seeded commodity; and a spring- seeded commodity. Each commodity requires its own acreage reporting date: One in the fall and one in the spring, respectively. In order to be insured under the ARPI forage policy, perennial forage must have an established stand for insurance to attach. Therefore, its acreage reporting date needs to be in the fall in order for its acreage reporting date to align with the acreage reporting date for established stand perennial forage insured under other plans of insurance. The acreage reporting date for established stand and fall-seeded perennial forage insured under other plans of insurance FCIC offers is set at November 15 or December 15, depending on the state. The fall date is necessary for the other perennial forage plans of insurance because those plans of insurance provide coverage for damage due to winterkill. Therefore, FCIC must require producers to report their acreage prior to the possibility of an occurrence of winterkill. In order to move the acreage reporting date, which is contained in the actuarial documents, from the current date of July 15 to November 15 or December 15, depending on the state, FCIC must also make adjustments in the Crop Provisions to these other program dates: cancellation and termination dates and the contract change date. This change will make the program dates for forage insured under ARPI consistent with the program dates for forage insured under other plans of insurance. 3. Section 6--FCIC is removing this section and add another in its place. The current section 6 addresses when premium is earned and payable, and overrides section 7(e) in the ARPI Basic Provisions. Basic Provisions section 7(e) states that premium is earned and payable at the time coverage begins, whereas section 6 of the Forage Crop Provisions states that premium is earned and payable on the acreage reporting date. Coverage for forage begins on the date the insurance company accepts the application, which is in the fall. Currently, premium for forage is not earned and payable at the time coverage begins, but rather on the acreage reporting date, which is approximately eight months after insureds submit their applications. Premium is earned and payable on the acreage reporting date because insureds have the opportunity at acreage reporting date to opt out of coverage if they can establish that their acreage was damaged by winterkill by reporting such acreage as uninsurable on the acreage report. Insureds do not owe premium on acreage damaged by winterkill if they report such acreage on the acreage report as uninsurable. Insureds do not know if their acreage is damaged by winterkill until mid-to-late spring. If insureds report such acreage as uninsurable, then they are not required to pay premium on that acreage. FCIC proposes to remove these provisions, which then makes section 7(e) of the Basic Provisions applicable. Therefore, premium will be earned and payable at the time coverage begins. This change will make forage insured under ARPI consistent with forage insured under the APH plan of insurance. As a result of another revision discussed below, insureds will have an opportunity to revise their acreage reports after the acreage reporting date to report their acreage damaged by winterkill as uninsurable acreage if they do not wish to insure that acreage and pay premium on it. FCIC is adding a new section 6 titled ``Report of Acreage.'' The provisions in section 6 will allow insureds to submit a revised acreage report by a date specified in the Special Provisions if they want to report their acreage damaged by winterkill as uninsurable acreage. FCIC anticipates the date specified in the Special Provisions to be May 15. Without this provision, insureds would be required to insure and pay premium on acreage they currently are not required to insure under the ARPI Forage Crop Provisions. List of Subjects in 7 CFR Part 407 Crop insurance, Reporting and recordkeeping requirements. Final Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 407 effective for the 2017 and succeeding crop years as follows: PART 407--AREA RISK PROTECTION INSURANCE REGULATIONS 0 1. The authority citation for 7 CFR part 407 continues to read as follows: Authority: 7 U.S.C. 1506(1), 1506(o). 0 2. Amend Sec. 407.9 by: 0 a. In the introductory text, removing ``2014'' and adding ``2017'' in its place; and 0 b. In section 8, revising paragraph (e)(2). The revisions read as follows: Sec. 407.9 Area risk protection insurance policy. * * * * * 8. Report of Acreage and Production * * * * * (e) * * * (2) Consent may only be provided: (i) If the information on the acreage report is clearly transposed; (ii) If you provide adequate evidence that we have or someone from USDA has committed an error regarding the information on your acreage report; (iii) If allowed in the Crop Provisions; or (iv) As otherwise provided in the Special Provisions; and * * * * * 0 3. Amend Sec. 407.13 by: 0 a. In the introductory text, removing ``2014'' and adding ``2017'' in its place; 0 b. In section 1: 0 i. Revising the definition of ``Harvest''; and 0 ii. Removing the definition of ``Rotational grazing''; and 0 c. Revising sections 5 and 6. The revisions read as follows: Sec. 407.13 Area risk protection insurance for forage. * * * * * 1. Definitions * * * * * Harvest. Removal of the forage from the field. Harvest does not include grazing. * * * * * 5. Program Dates September 30 is the cancellation and termination date for all states, unless the date is specified differently in the Special Provisions. The contract change date is June 30 for all states, unless the date is specified differently in the Special Provisions. 6. Report of Acreage In addition to section 8(e)(2) of the Area Risk Protection Insurance Basic Provisions, regarding the ability to revise an acreage report you have submitted to us, we may provide you consent to revise your acreage report to indicate acreage damaged by winterkill that was not harvested (no cutting taken) as uninsurable acreage. You must submit a revised acreage report on or before the date specified in the Special Provisions. Signed in Washington, DC, on November 13, 2015. Brandon Willis, Manager, Federal Crop Insurance Corporation. [FR Doc. 2015-29652 Filed 11-24-15; 8:45 am] BILLING CODE 3410-08-P
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Rules and Regulations Federal Register
Vol. 80, No. 227
Wednesday, November 25, 2015
This section of the FEDERAL REGISTER submit comments, identified by Docket Procedure Act (APA) exempts rules
contains regulatory documents having general ID No. FCIC–15–0003 by any of the ‘‘relating to agency management or
applicability and legal effect, most of which following methods: personnel or to public property, loans,
are keyed to and codified in the Code of • Federal eRulemaking Portal: http:// grants, benefits, or contracts’’ from the
Federal Regulations, which is published under www.regulations.gov. Follow the statutory requirement for prior notice
50 titles pursuant to 44 U.S.C. 1510.
instructions for submitting comments. and opportunity for comment. 5 U.S.C.
The Code of Federal Regulations is sold by • Mail: Director, Product 553(a)(2). However, FCIC is providing a
the Superintendent of Documents. Prices of Administration and Standards Division, 60-day comment period and we invite
new books are listed in the first FEDERAL Risk Management Agency, United States you to participate in this rulemaking by
REGISTER issue of each week. Department of Agriculture, P.O. Box submitting written comments. We will
419205, Kansas City, MO 64133–6205. consider the comments we receive and
All comments received, including may conduct additional rulemaking
DEPARTMENT OF AGRICULTURE those received by mail, will be posted based on the comments.
without change to http://
Federal Crop Insurance Corporation www.regulations.gov, including any Executive Order 12866
personal information provided, and can The Office of Management and Budget
7 CFR Part 407 be accessed by the public. All comments (OMB) has determined that this rule is
[Docket No. FCIC–15–0003] must include the agency name and not-significant for the purpose of
docket number or Regulatory Executive Order 12866 and, therefore, it
RIN 0563–AC49 Information Number (RIN) for this rule. has not been reviewed by OMB.
Area Risk Protection Insurance (ARPI) For detailed instructions on submitting Paperwork Reduction Act of 1995
Regulations; ARPI Basic Provisions comments and additional information,
see http://www.regulations.gov. If you Pursuant to the provisions of the
and ARPI Forage Crop Insurance Paperwork Reduction Act of 1995 (44
Provisions are submitting comments electronically
through the Federal eRulemaking Portal U.S.C. chapter 35), the collections of
AGENCY: Federal Crop Insurance and want to attach a document, we ask information in this rule have been
Corporation, USDA. that it be in a text-based format. If you approved by OMB under control
ACTION: Final rule with request for want to attach a document that is a number 0563–0085.
comments. scanned Adobe PDF file, it must be E-Government Act Compliance
scanned as text and not as an image,
SUMMARY: The Federal Crop Insurance FCIC is committed to complying with
thus allowing FCIC to search and copy
Corporation (FCIC) amends the Area the E-Government Act of 2002, to
certain portions of your submissions.
Risk Protection Insurance (ARPI) promote the use of the Internet and
For questions regarding attaching a
Regulations; ARPI Basic Provisions and other information technologies to
document that is a scanned Adobe PDF
ARPI Forage Crop Insurance Provisions. provide increased opportunities for
file, please contact the RMA Web
The intended effect of this action is to citizen access to Government
Content Team at (816) 823–4694 or by
meet the goals of the Acreage Crop information and services, and for other
email at rmaweb.content@rma.usda.gov.
Reporting Streamlining Initiative Privacy Act: Anyone is able to search purposes.
(ACRSI), which is a United States the electronic form of all comments Unfunded Mandates Reform Act of
Department of Agriculture initiative and received for any dockets by the name of 1995
required by Agricultural Act of 2014 the person submitting the comment (or Title II of the Unfunded Mandates
(2014 Farm Bill), by aligning ARPI signing the comment, if submitted on Reform Act of 1995 (UMRA) establishes
Forage Production with the Actual behalf of an association, business, labor requirements for Federal agencies to
Production History Forage Production union, etc.). You may review the assess the effects of their regulatory
Crop Insurance Provisions and to complete User Notice and Privacy actions on State, local, and tribal
address language contained in section Notice for Regulations.gov at http:// governments and the private sector.
12305(b)(1)(B) of the 2014 Farm Bill that www.regulations.gov/#!privacyNotice. This rule contains no Federal mandates
prohibits FCIC from offering the FOR FURTHER INFORMATION CONTACT: Tim (under the regulatory provisions of title
catastrophic (CAT) level of coverage for Hoffmann, Director, Product II of the UMRA) for State, local, and
any crops or grasses used for grazing. Management, Product Administration tribal governments or the private sector.
The changes will be effective for the and Standards Division, Risk Therefore, this rule is not subject to the
2017 and succeeding crop years. Management Agency, United States requirements of sections 202 and 205 of
DATES: This rule is effective November Department of Agriculture, Beacon UMRA.
25, 2015. Written comments and Facility, Stop 0812, Room 421, P.O. Box
opinions on this rule will be accepted 419205, Kansas City, MO 64141–6205, Executive Order 13132
jstallworth on DSK7TPTVN1PROD with RULES
until close of business January 25, 2016. telephone (816) 926–7730. It has been determined under section
FCIC will consider the comments SUPPLEMENTARY INFORMATION: 1(a) of Executive Order 13132,
received and may conduct additional Federalism, that this rule does not have
rulemaking based on the comments. Notice and Comment sufficient implications to warrant
ADDRESSES: FCIC prefers that comments We are issuing this final rule without consultation with the States. The
be submitted electronically through the prior notice and opportunity for provisions contained in this rule will
Federal eRulemaking Portal. You may comment. The Administrative not have a substantial direct effect on
VerDate Sep<11>2014 15:12 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1](https://thefederalregister.org/doc/80_FR_73864/page/1.svg)
![Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations 73639
from November 30 to September 30, and payable on the acreage reporting date The revisions read as follows:
for the contact change date, from August because insureds have the opportunity
31 to June 30. A goal under ACRSI is to at acreage reporting date to opt out of § 407.9 Area risk protection insurance
policy.
establish one acreage reporting date for coverage if they can establish that their
each commodity that will be used for acreage was damaged by winterkill by * * * * *
USDA programs. For perennial forage, reporting such acreage as uninsurable 8. Report of Acreage and Production
ACRSI established two commodities for on the acreage report. Insureds do not * * * * *
perennial forage: an established stand owe premium on acreage damaged by (e) * * *
and fall-seeded commodity; and a winterkill if they report such acreage on (2) Consent may only be provided:
spring-seeded commodity. Each the acreage report as uninsurable. (i) If the information on the acreage
commodity requires its own acreage Insureds do not know if their acreage is report is clearly transposed;
reporting date: One in the fall and one damaged by winterkill until mid-to-late (ii) If you provide adequate evidence
in the spring, respectively. In order to be spring. If insureds report such acreage that we have or someone from USDA
insured under the ARPI forage policy, as uninsurable, then they are not has committed an error regarding the
perennial forage must have an required to pay premium on that information on your acreage report;
established stand for insurance to acreage. FCIC proposes to remove these (iii) If allowed in the Crop Provisions;
attach. Therefore, its acreage reporting provisions, which then makes section or
date needs to be in the fall in order for 7(e) of the Basic Provisions applicable. (iv) As otherwise provided in the
its acreage reporting date to align with Therefore, premium will be earned and Special Provisions; and
the acreage reporting date for payable at the time coverage begins. * * * * *
established stand perennial forage This change will make forage insured ■ 3. Amend § 407.13 by:
insured under other plans of insurance. under ARPI consistent with forage ■ a. In the introductory text, removing
The acreage reporting date for insured under the APH plan of ‘‘2014’’ and adding ‘‘2017’’ in its place;
established stand and fall-seeded insurance. As a result of another ■ b. In section 1:
perennial forage insured under other revision discussed below, insureds will ■ i. Revising the definition of ‘‘Harvest’’;
plans of insurance FCIC offers is set at have an opportunity to revise their and
November 15 or December 15, acreage reports after the acreage ■ ii. Removing the definition of
depending on the state. The fall date is reporting date to report their acreage ‘‘Rotational grazing’’; and
necessary for the other perennial forage damaged by winterkill as uninsurable ■ c. Revising sections 5 and 6.
plans of insurance because those plans acreage if they do not wish to insure The revisions read as follows:
of insurance provide coverage for that acreage and pay premium on it.
FCIC is adding a new section 6 titled § 407.13 Area risk protection insurance for
damage due to winterkill. Therefore, forage.
FCIC must require producers to report ‘‘Report of Acreage.’’ The provisions in
section 6 will allow insureds to submit * * * * *
their acreage prior to the possibility of
a revised acreage report by a date 1. Definitions
an occurrence of winterkill. In order to
move the acreage reporting date, which specified in the Special Provisions if * * * * *
is contained in the actuarial documents, they want to report their acreage Harvest. Removal of the forage from
from the current date of July 15 to damaged by winterkill as uninsurable the field. Harvest does not include
November 15 or December 15, acreage. FCIC anticipates the date grazing.
depending on the state, FCIC must also specified in the Special Provisions to be * * * * *
make adjustments in the Crop May 15. Without this provision, 5. Program Dates
Provisions to these other program dates: insureds would be required to insure September 30 is the cancellation and
cancellation and termination dates and and pay premium on acreage they termination date for all states, unless the
the contract change date. This change currently are not required to insure date is specified differently in the
will make the program dates for forage under the ARPI Forage Crop Provisions. Special Provisions. The contract change
insured under ARPI consistent with the List of Subjects in 7 CFR Part 407 date is June 30 for all states, unless the
program dates for forage insured under date is specified differently in the
Crop insurance, Reporting and Special Provisions.
other plans of insurance.
recordkeeping requirements. 6. Report of Acreage
3. Section 6—FCIC is removing this
Final Rule In addition to section 8(e)(2) of the
section and add another in its place.
Area Risk Protection Insurance Basic
The current section 6 addresses when Accordingly, as set forth in the Provisions, regarding the ability to
premium is earned and payable, and preamble, the Federal Crop Insurance revise an acreage report you have
overrides section 7(e) in the ARPI Basic Corporation amends 7 CFR part 407 submitted to us, we may provide you
Provisions. Basic Provisions section 7(e) effective for the 2017 and succeeding consent to revise your acreage report to
states that premium is earned and crop years as follows: indicate acreage damaged by winterkill
payable at the time coverage begins,
PART 407—AREA RISK PROTECTION that was not harvested (no cutting
whereas section 6 of the Forage Crop
INSURANCE REGULATIONS taken) as uninsurable acreage. You must
Provisions states that premium is earned
submit a revised acreage report on or
and payable on the acreage reporting
■ 1. The authority citation for 7 CFR before the date specified in the Special
date. Coverage for forage begins on the
part 407 continues to read as follows: Provisions.
date the insurance company accepts the
jstallworth on DSK7TPTVN1PROD with RULES
application, which is in the fall. Authority: 7 U.S.C. 1506(1), 1506(o). Signed in Washington, DC, on November
Currently, premium for forage is not 13, 2015.
■ 2. Amend § 407.9 by:
earned and payable at the time coverage ■ a. In the introductory text, removing Brandon Willis,
begins, but rather on the acreage ‘‘2014’’ and adding ‘‘2017’’ in its place; Manager, Federal Crop Insurance
reporting date, which is approximately and Corporation.
eight months after insureds submit their ■ b. In section 8, revising paragraph [FR Doc. 2015–29652 Filed 11–24–15; 8:45 am]
applications. Premium is earned and (e)(2). BILLING CODE 3410–08–P
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Document Created: 2018-03-01 11:15:24
Document Modified: 2018-03-01 11:15:24
| 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 with request for comments. | |
| Dates | This rule is effective November 25, 2015. Written comments and opinions on this rule will be accepted until close of business January 25, 2016. FCIC will consider the comments received and may conduct additional rulemaking based on the comments. | |
| Contact | Tim Hoffmann, Director, Product Management, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141- 6205, telephone (816) 926-7730. | |
| FR Citation | 80 FR 73637 | |
| RIN Number | 0563-AC49 | |
| CFR Associated | Crop Insurance and Reporting and Recordkeeping Requirements |
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