81 FR 84396 - Common Crop Insurance Regulations, Various Crop Provisions
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation Federal Register Volume 81, Issue 226 (November 23, 2016)
Federal Crop Insurance Corporation
Federal Register Volume 81, Issue 226 (November 23, 2016)
| Page Range | 84396-84401 | |
| FR Document | 2016-27720 |
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)] [Rules and Regulations] [Pages 84396-84401] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27720] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 [Docket No. FCIC-16-0003] RIN 0563-AC52 Common Crop Insurance Regulations, Various Crop Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the Small Grains Crop Insurance Provisions, Cotton Crop Insurance Provisions, Extra Long Staple Cotton Crop Insurance Provisions, Sunflower Seed Crop Insurance Provisions, Sugar Beet Crop Insurance Provisions, Hybrid Sorghum Seed Crop Insurance Provisions, Coarse Grains Crop Insurance Provisions, Safflower Crop Insurance Provisions, Popcorn Crop Insurance Provisions, Peanut Crop Insurance Provisions, Onion Crop Insurance Provisions, Tobacco Crop Insurance Provisions, Green Pea Crop Insurance Provisions, Dry Pea Crop Insurance Provisions, Rice Crop Insurance Provisions, Northern Potato Crop Insurance Provisions, Central and Southern Potato Crop Insurance Provisions, Dry Bean Crop Insurance Provisions, Hybrid Seed Corn Crop Insurance Provisions, Processing Sweet Corn Crop Provisions, Processing Bean Crop Insurance Provisions, Canola and Rapeseed Crop Insurance Provisions, Millet Crop Insurance Provisions, and Mustard Crop Insurance Provisions. The purpose of this final rule with comment is to update prevented planting coverage levels through the actuarial documents to improve actuarial considerations and coverage offered, program integrity, and to reduce vulnerability to program fraud, waste, and abuse. The changes to the Crop Provisions made in this rule are applicable for the 2017 and succeeding crop years for all crops with a 2017 contract change date on or after the effective date of the rule, and for the 2018 and succeeding crop years for all crops with a 2017 contract change date prior to the effective date of the rule. DATES: This rule is effective November 23, 2016 However, FCIC will accept written comments on this final rule until close of business January 23, 2017. FCIC may consider the comments received and may conduct additional rulemaking based on the comments. ADDRESSES: FCIC prefers interested persons submit their comments electronically through the Federal eRulemaking Portal. Interested persons may submit comments, identified by Docket ID No. FCIC-16-0003, by any of the following methods:Federal eRulemaking Portal: 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. FCIC will post all comments received, including those received by mail, without change to http://www.regulations.gov, including any personal information provided. Once these comments are posted to this Web site, the public can access all comments at its convenience from this Web site. All comments must include the agency name and docket number or Regulatory Information Number (RIN) for this rule. For detailed instructions on submitting comments and additional information, see http://www.regulations.gov. If interested persons are submitting comments electronically through the Federal eRulemaking Portal and want to attach a document, FCIC requests that the document attachment be in a text-based format. If interested persons want to attach a document that is a scanned Adobe PDF file, it must be scanned as text and not as an image, thus allowing FCIC to search and copy certain portions of the submissions. For [[Page 84397]] questions regarding attaching a document that is a scanned Adobe PDF file, please contact the Risk Management Agency (RMA) Web Content Team at (816) 823-4694 or by email at rmaweb.content@rma.usda.gov. Privacy Act: Anyone is able to search the electronic form of all comments received for any dockets by the name of the person submitting the comment (or signing the comment, if submitted on behalf of an entity, such as an association, business, labor union, etc.). Interested persons may review the complete User Notice and Privacy Notice for Regulations.gov at 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: Background Prior to the FCIC offering coverage for prevented planting, prevented planting payments were linked to USDA program provisions such as the farmer's program yield and the target price. Adjustments to the Federal Crop Insurance Act (Act) from the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 mandated that coverage for prevented planting be a part of crop insurance policies offered under the Federal crop insurance program, as appropriate. Following these changes to the Act, FCIC incorporated preventing planting provisions into the Common Crop Insurance Basic Provisions. A 1996 study by USDA's Economic Research Service (ERS) established the basis for the original prevented planting coverage levels. The study and estimated pre-planting costs were reviewed again by ERS in 2002, and FCIC adjusted prevented planting coverage levels accordingly. Further, the Office of Inspector General for Audit (OIG) conducted an audit on the Federal crop insurance prevented planting program for 2011-2012 and recommended RMA obtain updated pre-planting cost information, and reevaluate the current prevented planting coverage levels making adjustments consistent with the pre-planting costs for each crop. FCIC contracted to review the prevented planting policy and determine appropriate pre-planting costs to be covered, evaluate the reasonableness of current prevented planting payments by crop and region, examine alternative methods and approaches to the program, provide alternative payment amounts as appropriate, and develop a plan for routinely updating those amounts. For some crops or crops in certain regions, the contractor suggested FCIC raise or lower the current prevented planting coverage levels. RMA shared this study with stakeholders to determine if the recommendations made sense to growers. This final rule with comment makes changes to allow for revisions to the prevented planting coverage levels, based on the contractor's findings and report, stakeholder comments in response to the contractors report, and FCIC's re-examination of the evaluation and those stakeholder comments received. This rule allows for any new percentages of prevented planting coverage that FCIC determines provides adequate protection for those costs incurred even though the crop was prevented from planting to be specified in the actuarial documents and removes them from the Crop Provisions. The rule also leaves the option for additional prevented planting coverage if offered in the actuarial documents. This will allow FCIC to expedite its update of the percentages in response to changing production conditions. Effective Date FCIC is exempt from all requirements in the administrative procedure provisions in 5 U.S.C. 553, which includes the 30-day effective date. This rule allows FCIC to make the changes to the Crop Provisions in time for 2017 spring planted crops. Therefore, this final rule is effective when published in the Federal Register. Executive Order 12866 This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, it has not been reviewed by the Office of Management and Budget (OMB). Paperwork Reduction Act of 1995 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control numbers 0563-0085, 0563-0083, and 0563-0053. E-Government Act Compliance FCIC is committed to complying with the E-Government Act of 2002, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments.'' Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes. The Federal Crop Insurance Corporation has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under E.O. 13175. If a Tribe requests consultation, the Federal Crop Insurance Corporation will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress. [[Page 84398]] Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees and compute premium amounts, and all producers are required to submit a notice of loss and production information to determine the amount of an indemnity payment in the event of an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act (Act) authorizes FCIC to waive collection of administrative fees from beginning farmers or ranchers and limited resource farmers. FCIC believes this waiver helps to ensure that small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have an impact on small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or to require the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. Environmental Evaluation This action is not expected to have a significant economic impact on the quality of the human environment, health, or safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. FCIC is issuing this final rule without opportunity for prior notice and comment. The Administrative Procedure Act exempts rules ``relating to agency management or personnel or to public property, loans, grants, benefits, or contracts'' from the statutory requirement for prior notice and opportunity for public comment (5 U.S.C. 553(a)(2)). However, FCIC is providing a 60-day comment period and invites interested persons to participate in this rulemaking by submitting written comments. FCIC will consider the comments received and may conduct additional rulemaking based on the comments. List of Subjects in 7 CFR Part 457 Crop insurance, Reporting and recordkeeping requirements. Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457 as follows: PART 457--COMMON CROP INSURANCE REGULATIONS 0 1. The authority citation for part 457 continues to read as follows: Authority: 7 U.S.C. 1506(1), 1506(o). 0 2. Amend Sec. 457.101 as follows: 0 a. Revise the section heading; 0 b. Revise the first sentence of the introductory text; and 0 c. Revise section 13. The revisions read as follows: Sec. 457.101 Small grains crop insurance provisions. * * * * * The Small Grains Crop Insurance Provisions for the 2017 and succeeding crop years in counties with a contract change date of November 30, and for the 2018 and succeeding crop years in counties with a contract change date of June 30, are as follows: * * * * * 13. Prevented Planting In counties for which the Special Provisions designate a spring final planting date, your prevented planting production guarantee will be based on your approved yield for spring-planted acreage of the insured crop. Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 3. Amend Sec. 457.104 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 11(b). The revisions read as follows: Sec. 457.104 Cotton crop insurance provisions. The Cotton Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 11. Prevented Planting * * * * * (b) Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 4. Amend Sec. 457.105 as follows: 0 a. Revise the first sentence of the introductory text; 0 b. Amend section 3 to remove the phrase ``(December 17 for the 1998 crop year only)''; and 0 c. Revise section 12(b). The revisions read as follows: Sec. 457.105 Extra long staple cotton crop insurance provisions. The Extra Long Staple Cotton Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 12. Prevented Planting * * * * * (b) Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 5. Amend Sec. 457.108 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 12. The revisions read as follows: Sec. 457.108 Sunflower seed crop insurance provisions. The Sunflower Seed Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * [[Page 84399]] 12. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 6. Amend Sec. 457.109 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 15(b). The revisions read as follows: Sec. 457.109 Sugar Beet Crop Insurance Provisions. The Sugar Beet Crop Insurance Provisions for the 2017 and succeeding crop years in counties with a contract change date of November 30, and for the 2018 and succeeding crop years in counties with a contract change date of April 30, are as follows: * * * * * 15. Prevented Planting * * * * * (b) Except in those counties indicated in section 15(a), your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 7. Amend Sec. 457.112 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 13. The revisions read as follows: Sec. 457.112 Hybrid sorghum seed crop insurance provisions. The Hybrid Sorghum Seed Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 13. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your amount of insurance for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 8. Amend Sec. 457.113 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 12. The revisions read as follows: Sec. 457.113 Coarse grains crop insurance provisions. The Coarse Grains Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 12. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 9. Amend Sec. 457.125 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 12. The revisions read as follows: Sec. 457.125 Safflower crop insurance provisions. The Safflower Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 12. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 10. Amend Sec. 457.126 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 15. The revisions read as follows: Sec. 457.126 Popcorn crop insurance provisions. The Popcorn Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 15. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 11. Amend Sec. 457.134 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 15(a). The revisions read as follows: Sec. 457.134 Peanut crop insurance provisions. The Peanut Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 15. Prevented Planting (a) Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. * * * * * 0 12. Amend Sec. 457.135 as follows 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 15. The revisions read as follows: Sec. 457.135 Onion crop insurance provisions. The Onion Crop Insurance Provisions for the 2017 and succeeding crop years in counties with a contract change date of November 30, and for the 2018 and succeeding crop years in counties with a contract change date of June 30, are as follows: * * * * * 15. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your final stage production guarantee for timely planted acreage. Additional prevented planting coverage levels are not available for onions. 0 13. Amend Sec. 457.136 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 14. The revisions read as follows: Sec. 457.136 Tobacco crop insurance provisions. The Tobacco Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 14. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. Additional prevented planting coverage levels are not available for tobacco. 0 14. Amend Sec. 457.137 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 14. The revisions read as follows: [[Page 84400]] Sec. 457.137 Green pea crop insurance provisions. The Green Pea Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 14. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 15. Amend Sec. 457.140 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 14. The revisions read as follows: Sec. 457.140 Dry pea crop insurance provisions. The Dry Pea Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 14. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. * * * * * 0 16. Amend Sec. 457.141 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 13. The revisions read as follows: Sec. 457.141 Rice crop insurance provisions. The Rice Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 13. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 17. Amend Sec. 457.142 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 12. The revisions read as follows: Sec. 457.142 Northern potato crop insurance provisions. The Northern Potato Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 12. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 18. Amend Sec. 457.147 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 13. The revisions read as follows: Sec. 457.147 Central and Southern potato crop insurance provisions. The Central and Southern Potato Crop Insurance Provisions for the 2017 and succeeding crop years in counties with a contract change date of November 30, and for the 2018 and succeeding crop years in counties with a contract change date of June 30 and September 30, are as follows: * * * * * 13. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 19. Amend Sec. 457.150 as follows: 0 a. Revise the first sentence of the introductory text; 0 b. Amend section 4 to remove the phrase ``(December 17 for the 1998 crop year only)''; and 0 c. Revise section 14. The revisions read as follows: Sec. 457.150 Dry bean crop insurance provisions. The Dry Bean Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 14. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 20. Amend Sec. 457.152 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 13. The revisions read as follows: Sec. 457.152 Hybrid seed corn crop insurance provisions. The Hybrid Seed Corn Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 13. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your amount of insurance for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 21. Amend Sec. 457.154 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 14. The revisions read as follows: Sec. 457.154 Processing sweet corn crop insurance provisions. The Processing Sweet Corn Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 14. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 22. Amend Sec. 457.155 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 14. The revisions read as follows: Sec. 457.155 Processing bean crop insurance provisions. The Processing Bean Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 14. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting [[Page 84401]] coverage if such additional coverage is specified in the actuarial documents. 0 23. Amend Sec. 457.161 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 14. The revisions read as follows: Sec. 457.161 Canola and rapeseed crop insurance provisions. The Canola and Rapeseed Crop Insurance Provisions for the 2017 and succeeding crop years in counties with a contract change date of November 30, and for the 2018 and succeeding crop years in counties with a contract change date of June 30, are as follows: * * * * * 14. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 24. Amend Sec. 457.165 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 12. The revisions read as follows: Sec. 457.165 Millet crop insurance provisions. The Millet Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 12. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. 0 25. Amend Sec. 457.168 as follows: 0 a. Revise the first sentence of the introductory text; and 0 b. Revise section 15. The revisions read as follows: Sec. 457.168 Mustard crop insurance provisions. The Mustard Crop Insurance Provisions for the 2017 and succeeding crop years are as follows: * * * * * 15. Prevented Planting Your prevented planting coverage will be a percentage specified in the actuarial documents of your production guarantee for timely planted acreage. When a portion of the insurable acreage within the unit is prevented from being planted, and there is more than one base contract price applicable to acreage in the unit, the lowest base contract price will be used in calculating any prevented planting payment. If you have additional levels of coverage and pay an additional premium, you may increase your prevented planting coverage if such additional coverage is specified in the actuarial documents. Dated: November 10, 2016. Brandon Willis, Manager, Federal Crop Insurance Corporation. [FR Doc. 2016-27720 Filed 11-22-16; 8:45 am] BILLING CODE 3410-08-P
![84396 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
information as may be available to the revised interim rules and have Sweet Corn Crop Provisions, Processing
[Departments], including information determined that no change to the rules Bean Crop Insurance Provisions, Canola
voluntarily provided in a timely manner is necessary. and Rapeseed Crop Insurance
by the applicant and others.’’ 16 U.S.C. Accordingly, the interim rules Provisions, Millet Crop Insurance
823d(a)(4), (b)(4) (emphasis added). DOI amending 6 CFR part 1, 43 CFR part 45, Provisions, and Mustard Crop Insurance
believes that 43 CFR 45.74(c) achieves and 50 CFR part 221, which were Provisions. The purpose of this final
the proper balance between the published at 80 FR 17155 on March 31, rule with comment is to update
Congressional mandate to consider 2015, are adopted as final without prevented planting coverage levels
evidence otherwise available to DOI, change. through the actuarial documents to
including information timely submitted, Dated: October 6, 2016. improve actuarial considerations and
and Congressional intent to avoid delays Robert F. Bonnie, coverage offered, program integrity, and
in the FERC licensing process. to reduce vulnerability to program
Exelon also expressed concern that in Undersecretary—Natural Resources and
Environment, U.S. Department of Agriculture. fraud, waste, and abuse. The changes to
instances where DOI exercises its the Crop Provisions made in this rule
reserved authority to include a Dated: September 22, 2016.
are applicable for the 2017 and
condition or prescription in a license Kristen J. Sarri,
succeeding crop years for all crops with
that FERC has previously issued, the Principal Deputy Assistant Secretary—Policy, a 2017 contract change date on or after
language in 43 CFR 45.74(c), that the Management and Budget, U.S. Department
of the Interior.
the effective date of the rule, and for the
DOI ‘‘will consider’’ information 2018 and succeeding crop years for all
submitted prior to the NEPA comment Dated: October 31, 2016.
crops with a 2017 contract change date
deadline, could potentially preclude the Samuel D. Rauch III, prior to the effective date of the rule.
introduction of additional relevant and Deputy Assistant Administrator for
DATES: This rule is effective November
supporting information that was not Regulatory Programs, National Marine
Fisheries Service, National Oceanic and 23, 2016 However, FCIC will accept
submitted during the license- written comments on this final rule
application-related NEPA process. As Atmospheric Administration, U.S.
Department of Commerce. until close of business January 23, 2017.
discussed above, the language of 43 CFR FCIC may consider the comments
45.74(c) only sets forth the requirement [FR Doc. 2016–28063 Filed 11–22–16; 8:45 am]
received and may conduct additional
that DOI must consider pre-deadline BILLING CODE 3411–15–P; 4310–79–P; 3510–22–P
rulemaking based on the comments.
submittals. Thus, it does not preclude
ADDRESSES: FCIC prefers interested
DOI from considering evidence and
supporting material submitted after the DEPARTMENT OF AGRICULTURE persons submit their comments
deadline in cases where FERC has electronically through the Federal
Federal Crop Insurance Corporation eRulemaking Portal. Interested persons
issued a license and a Department
exercises reserved authority. Therefore, may submit comments, identified by
7 CFR Part 457 Docket ID No. FCIC–16–0003, by any of
notwithstanding Exelon’s concern,
paragraph (c) of 43 CFR 45.74 does not [Docket No. FCIC–16–0003] the following methods:
• Federal eRulemaking Portal: http://
preclude the introduction of relevant RIN 0563–AC52 www.regulations.gov. Follow the
information that would support a
instructions for submitting comments.
proposed alternative condition or Common Crop Insurance Regulations, • Mail: Director, Product
prescription after DOI exercises its Various Crop Provisions Administration and Standards Division,
reserved authority to include a
AGENCY: Federal Crop Insurance Risk Management Agency, United States
condition or fishway prescription in a
Corporation, USDA. Department of Agriculture, P.O. Box
FERC license.
ACTION: Final rule with request for 419205, Kansas City, MO 64133–6205.
VI. Consultation With FERC comments. FCIC will post all comments received,
Pursuant to EPAct’s requirement that including those received by mail,
the agencies promulgate rules SUMMARY: The Federal Crop Insurance without change to http://
implementing EPAct section 241 ‘‘in Corporation (FCIC) amends the Small www.regulations.gov, including any
consultation with the Federal Energy Grains Crop Insurance Provisions, personal information provided. Once
Regulatory Commission,’’ the agencies Cotton Crop Insurance Provisions, Extra these comments are posted to this Web
have consulted with FERC regarding the Long Staple Cotton Crop Insurance site, the public can access all comments
content of the revised interim rules. Provisions, Sunflower Seed Crop at its convenience from this Web site.
After considering post-promulgation Insurance Provisions, Sugar Beet Crop All comments must include the agency
comments, no changes were made to the Insurance Provisions, Hybrid Sorghum name and docket number or Regulatory
revised interim final regulations in the Seed Crop Insurance Provisions, Coarse Information Number (RIN) for this rule.
final rules. Grains Crop Insurance Provisions, For detailed instructions on submitting
Safflower Crop Insurance Provisions, comments and additional information,
VII. Conclusion Popcorn Crop Insurance Provisions, see http://www.regulations.gov. If
These final rules have been Peanut Crop Insurance Provisions, interested persons are submitting
determined to be not significant for Onion Crop Insurance Provisions, comments electronically through the
purposes of Executive Order 12866. Tobacco Crop Insurance Provisions, Federal eRulemaking Portal and want to
OMB has reviewed the information Green Pea Crop Insurance Provisions, attach a document, FCIC requests that
mstockstill on DSK3G9T082PROD with RULES
collection in these rules and approved Dry Pea Crop Insurance Provisions, Rice the document attachment be in a text-
an extension without change of a Crop Insurance Provisions, Northern based format. If interested persons want
currently approved collection under Potato Crop Insurance Provisions, to attach a document that is a scanned
OMB control number 1094–0001. This Central and Southern Potato Crop Adobe PDF file, it must be scanned as
approval expires November 30, 2018. Insurance Provisions, Dry Bean Crop text and not as an image, thus allowing
The Departments have reviewed the Insurance Provisions, Hybrid Seed Corn FCIC to search and copy certain
comments received in response to the Crop Insurance Provisions, Processing portions of the submissions. For
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![Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations 84401
coverage if such additional coverage is When a portion of the insurable acreage regulation by contacting Richard Lower,
specified in the actuarial documents. within the unit is prevented from being Marketing Order and Agreement
■ 23. Amend § 457.161 as follows: planted, and there is more than one base Division, Specialty Crops Program,
■ a. Revise the first sentence of the contract price applicable to acreage in AMS, USDA, 1400 Independence
introductory text; and the unit, the lowest base contract price Avenue SW., STOP 0237, Washington,
■ b. Revise section 14. will be used in calculating any DC 20250–0237; Telephone: (202) 720–
The revisions read as follows: prevented planting payment. If you have 2491, Fax: (202) 720–8938, or Email:
additional levels of coverage and pay an Richard.Lower@ams.usda.gov.
§ 457.161 Canola and rapeseed crop additional premium, you may increase
insurance provisions. SUPPLEMENTARY INFORMATION: This rule
your prevented planting coverage if is issued under Marketing Agreement
The Canola and Rapeseed Crop such additional coverage is specified in and Order No. 989, both as amended (7
Insurance Provisions for the 2017 and the actuarial documents. CFR part 989), regulating the handling
succeeding crop years in counties with
Dated: November 10, 2016. of raisins produced from grapes grown
a contract change date of November 30,
Brandon Willis, in California, hereinafter referred to as
and for the 2018 and succeeding crop
Manager, Federal Crop Insurance the ‘‘order.’’ The order is effective under
years in counties with a contract change
Corporation. the Agricultural Marketing Agreement
date of June 30, are as follows:
[FR Doc. 2016–27720 Filed 11–22–16; 8:45 am] Act of 1937, as amended (7 U.S.C. 601–
* * * * * 674), hereinafter referred to as the
BILLING CODE 3410–08–P
14. Prevented Planting ‘‘Act.’’
This rule is also issued under section
Your prevented planting coverage will
DEPARTMENT OF AGRICULTURE 8e of the Act, which provides that
be a percentage specified in the
whenever certain specified
actuarial documents of your production
Agricultural Marketing Service commodities, including raisins, are
guarantee for timely planted acreage. If
regulated under a Federal marketing
you have additional coverage and pay
7 CFR Parts 989 and 999 order, imports of these commodities
an additional premium, you may
into the United States are prohibited
increase your prevented planting [Doc. No. AMS–SC–16–0065; SC16–989–2
FR] unless they meet the same or
coverage if such additional coverage is
comparable grade, size, quality, or
specified in the actuarial documents.
Raisins Produced From Grapes Grown maturity requirements as those in effect
■ 24. Amend § 457.165 as follows: for the domestically-produced
■ a. Revise the first sentence of the
in California and Imported Raisins;
Removal of Language commodities.
introductory text; and The Department of Agriculture
■ b. Revise section 12. AGENCY: Agricultural Marketing Service, (USDA) is issuing this rule in
The revisions read as follows: USDA. conformance with Executive Orders
§ 457.165 Millet crop insurance provisions. ACTION: Final rule. 12866, 13563, and 13175.
The Millet Crop Insurance Provisions This final rule has been reviewed
SUMMARY: This rule removes language under Executive Order 12988, Civil
for the 2017 and succeeding crop years from the California raisin marketing
are as follows: Justice Reform. This rule is not intended
order’s minimum grade standards and to have retroactive effect.
* * * * * the import regulations’ grade and size The Act provides that administrative
12. Prevented Planting requirements. The marketing order proceedings must be exhausted before
regulates the handling of raisins parties may file suit in court. Under
Your prevented planting coverage will produced from grapes grown in
be a percentage specified in the section 608c(15)(A) of the Act, any
California, and is administered locally handler subject to an order may file
actuarial documents of your production by the Raisin Administrative Committee
guarantee for timely planted acreage. If with USDA a petition stating that the
(committee). The change to the import order, any provision of the order, or any
you have additional levels of coverage regulations is required under section 8e
and pay an additional premium, you obligation imposed in connection with
of the Agricultural Marketing the order is not in accordance with law
may increase your prevented planting Agreement Act of 1937, as amended.
coverage if such additional coverage is and request a modification of the order
Recently, the U.S. Standards for Grades or to be exempted therefrom. A handler
specified in the actuarial documents. of Processed Raisins (standards) were is afforded the opportunity for a hearing
■ 25. Amend § 457.168 as follows: amended to remove the word ‘‘midget.’’
■ a. Revise the first sentence of the
on the petition. After the hearing, USDA
This rule makes the marketing order and would rule on the petition. The Act
introductory text; and the import regulations consistent with
■ b. Revise section 15.
provides that the district court of the
the amended standards. United States in any district in which
The revisions read as follows:
DATES: Effective November 25, 2016. the handler is an inhabitant, or has his
§ 457.168 Mustard crop insurance FOR FURTHER INFORMATION CONTACT: or her principal place of business, has
provisions. Maria Stobbe, Marketing Specialist, or jurisdiction to review USDA’s ruling on
The Mustard Crop Insurance Jeffrey Smutny, Regional Director, the petition, provided an action is filed
Provisions for the 2017 and succeeding California Marketing Field Office, not later than 20 days after the date of
crop years are as follows: Marketing Order and Agreement the entry of the ruling.
mstockstill on DSK3G9T082PROD with RULES
* * * * * Division, Specialty Crops Program, There are no administrative
AMS, USDA; Telephone: (559) 487– procedures which must be exhausted
15. Prevented Planting 5901, Fax: (559) 487–5906, or Email: prior to any judicial challenge to the
Your prevented planting coverage will Maria.Stobbe@ams.usda.gov or provisions of import regulations issued
be a percentage specified in the Jeffrey.Smutny@ams.usda.gov. under section 8e of the Act.
actuarial documents of your production Small businesses may request This rule removes the term ‘‘midget’’
guarantee for timely planted acreage. information on complying with this from § 989.702(a) of the order and
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Document Created: 2016-11-23 05:29:39
Document Modified: 2016-11-23 05:29:39
| 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 23, 2016 However, FCIC will accept written comments on this final rule until close of business January 23, 2017. FCIC may consider the comments received and may conduct additional rulemaking based on the comments. | |
| 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 | 81 FR 84396 | |
| RIN Number | 0563-AC52 | |
| CFR Associated | Crop Insurance and Reporting and Recordkeeping Requirements |
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