[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Rules and Regulations]
[Pages 42970-42979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21116]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 400

RIN 0563-AB11


General Administrative Regulations; Federal Crop Insurance Reform 
Act of 1994, Regulations for Implementation

AGENCY: Federal Crop Insurance Corporation.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes 7 CFR 
part 400, subpart T of its General Administrative Regulations. The 
intended effect of this final rule is to provide noninsured producers, 
policyholders, and insurance companies the regulations applicable to 
the catastrophic risk protection program. It will also provide other 
changes in FCIC insurance programs to comply with statutory mandates of 
the Federal Crop Insurance Act (Act), as amended by the Federal Crop 
Insurance Reform Act of 1994 (Reform Act) and the Federal Agriculture 
Improvement and Reform Act of 1996 (1996 Act).

EFFECTIVE DATE: August 20, 1996.

FOR FURTHER INFORMATION CONTACT: Louise Narber, Program Analyst, 
Research and Development Division, Product Development Branch, Federal 
Crop Insurance Corporation, United States Department of Agriculture, 
9435 Holmes Road, Kansas City, MO 64131, telephone (816) 926-7730.

SUPPLEMENTARY INFORMATION:

Executive Order No. 12866 and Departmental Regulation 1512-1

    This action has been reviewed under United States Department of 
Agriculture (USDA) procedures established by Executive Order No. 12866. 
This action constitutes a review as to the need, currency, clarity, and 
effectiveness of these regulations under those procedures. The sunset 
review date established for these regulations is December 1, 2001.
    This rule has been determined to be economically significant for 
the purposes of Executive Order No. 12866 and, therefore, has been 
reviewed by the Office of Management and Budget (OMB).

Cost Benefit Analysis

    A Cost Benefit Analysis has been completed and is available to 
interested persons at the address listed above. In summary, the 
analysis finds that crop insurance reform generally is expected to 
result in net positive benefits to producers, taxpayers, and society. 
The effects on individual producers compared to payments under ad hoc 
disaster programs depends primarily on the farm program payment yield 
compared to the farm's actual yield and market prices. In general, 
however, the reform is expected to result in less volatility of 
producers' incomes and less risk of no income due to adverse weather 
events. Rural communities and producers will benefit from the certainty 
of payments in times of catastrophic yield losses. The Government and 
taxpayers will benefit from a single disaster protection program and 
consequent reduced Federal outlays. Although producers who had not 
previously participated in the Federal crop insurance program will have 
an added burden to make application and report yields and acreage, the 
benefits in terms of greater risk protection outweigh the costs.

Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995, the 
information collection requirements contained in these regulations have 
been previously approved by OMB and assigned OMB control number 0563-
0003 through September 30, 1998. Copies of the information collection 
may be obtained from Bonnie Hart, USDA, FSA Advisory and Corporate 
Operations Staff, Regulatory Review Group, P.O. Box 2415, Ag Box 0572, 
Washington, D.C. 20013-2415, 8:15 a.m.-4:45 p.m., Monday through 
Friday, except holidays, telephone (202) 690-2857.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public 
Law 104-4, 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. Thus, this 
rule is not subject to the requirements of sections 202 and 205 of the 
UMRA.

Executive Order No. 12612

    It has been determined under section 6(a) of Executive Order No. 
12612, Federalism, that this rule does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment. The 
provisions contained in this rule will not have a substantial direct 
effect on States or their political subdivisions, or on the 
distribution of power and responsibilities among the various levels of 
Government.

Regulatory Flexibility Act

    This regulation will not have a significant impact on a substantial 
number of small entities. However, it does provide additional 
flexibility and cost savings for small entities in the following three 
areas. First, producers are no longer required to obtain at least CAT 
coverage for economically significant crops. Instead, they may sign a 
waiver foregoing emergency crop loss assistance. Insureds likely to 
decline coverage are those who believe that the costs associated with 
obtaining insurance exceed the benefits. The producers most likely to 
fall into this category are those who have insurance policies with low 
liabilities. For these producers, the $50 fee for CAT would be most 
likely to outweigh expected indemnities. Second, an allowance has been 
made to allow all producers with a share in a tobacco crop under one 
marketing card to insure the crop under one insurance policy. To 
qualify under this provision, none of the shareholders may have an 
interest in another tobacco crop in the county. It is estimated that 
35,100 policyholders may utilize this allowance, thereby saving the $50

[[Page 42971]]

processing fee for each. Third, with specified restrictions, persons 
who hold an undivided interest in a crop may be eligible to purchase 
one insurance policy covering all shares to satisfy linkage 
requirements. The restrictions associated with this allowance include: 
all landowners must agree in writing to the arrangement; none of the 
landowners may hold any other interest in the given crop in the county 
for which they are required to buy at least CAT coverage; and the total 
liability under the CAT endorsement for all landowners must be $2,500 
or less. Because no data are available providing an indication of 
insureds with an undivided interest, it is not possible to estimate the 
savings associated with not paying the $50 processing fee in these 
situations. However, some small entities will benefit from this 
allowance.

Federal Assistance Program

    This program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.450.

Executive Order No. 12372

    This program is not subject to the provisions of Executive Order 
No. 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 No. 12778

    The Office of the General Counsel has determined that these 
regulations meet the applicable standards provided in sections 2(a) and 
2(b)(2) of Executive Order No. 12778. The provisions of this rule will 
preempt state and local laws to the extent such state and local laws 
are inconsistent herewith. The administrative appeal provisions 
published at 7 CFR parts 11 and 780 must be exhausted before any action 
for judicial review may be brought.

Environmental Evaluation

    This action is not expected to have any significant impact on the 
quality of the human environment, health, and safety. Therefore, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is needed.

National Performance Review

    This regulatory action is being taken as part of the National 
Performance Review Initiative to eliminate unnecessary or duplicative 
regulations and improve those that remain in force.

Background

    The amendments to the Act, made by the Reform Act, were effective 
on October 13, 1994. This regulation provides the procedures to carry 
out the requirements of those amendments.
    On Friday, January 6, 1995, FCIC published an interim rule in the 
Federal Register at 60 FR 1996-2000 to add regulations to carry out the 
general requirements of the Act. Following publication of that interim 
rule, the public was afforded 60 days to submit written comments, data, 
and opinions. On Monday, August 7, 1995, by publication at 60 FR 40055, 
FCIC reopened and extended the comment period to August 18, 1995. A 
total of 35 comments were received from the crop insurance industry, 
FSA, and from producer groups. The comments received and FCIC responses 
are as follows:
    Comment: One comment received from the crop insurance industry 
suggested clarifying the definition of ``catastrophic risk protection'' 
by deleting the word ``minimal'' and replacing it with either the word 
``minimum'' or ``lowest'' and by deleting the word ``be'' and replacing 
it with ``offer protection'' after ``such coverage will.''
    Response: FCIC agrees with the comment and has amended the 
definition of ``catastrophic risk protection'' by replacing the word 
``minimal'' with the word ``minimum'' and by replacing the word ``be'' 
with ``offer protection.''
    Comment: Another comment received from the crop insurance industry 
suggested clarifying the definition of ``crop of economic 
significance'' by deleting ``by the producer'' in the first sentence.
    Response: FCIC agrees with the comment and has modified the 
definition of ``crop of economic significance'' accordingly.
    Comment: The crop insurance industry suggested clarifying the 
definition of ``crop of economic significance'' to explain the 
consequences if a crop planted in 1994, is planted in 1995 although 
originally there was no intent to plant the crop in 1995; and to 
clarify who is responsible for determining which crops are of economic 
significance.
    Response: FCIC agrees with the comment and has added new provisions 
in section 400.653 to clarify requirements regarding crops of economic 
significance. Producers who do not intend to plant a crop do not have 
to obtain crop insurance or execute a waiver of their eligibility for 
emergency crop loss assistance in connection with the crop to remain 
eligible for certain other USDA program benefits, even if they produced 
the crop the previous year. However, if the producer later decides to 
plant the crop after the sales closing date, the producer cannot obtain 
insurance on the crop and must execute a waiver of any eligibility for 
emergency crop loss assistance in connection with the crop to be 
eligible for certain USDA program benefits. If a waiver is not 
executed, the producer must return those benefits already received. 
Provisions were also added indicating that it is the producer's 
responsibility to determine crops of economic significance in the 
county and that the producer may have to provide records to permit the 
insurance provider to verify whether a crop is a crop of economic 
significance. FCIC has issued a worksheet that may be used by producers 
to assist them in determining crops of economic significance. USDA will 
be ultimately responsible for determining eligibility and paying any 
amount due a person for any applicable USDA program.
    Comment: A producer group suggested that the definition of ``crop 
of economic significance'' is contrary to the Act and invites legal 
action to test it. They stated that the Act looks to a percentage of 
all crops grown by the producer and the definition in this regulation 
provides for a county by county test to be done.
    Response: FCIC agrees that Sec. 508(b)(7) and (8) of the Act does 
not specifically indicate that crops of economic significance are 
determined on a county basis. However, since FCIC's insurance program 
has always been county based trying to operate one portion of the 
program across county lines would be extremely difficult. No changes 
will be made to conform to this suggestion.
    Comment: The Farm Service Agency requested that the term ``limited 
resource farmer'' be changed to ``limited income farmer.'' Farm Credit 
Programs, which are part of FSA, have used the term ``limited resource 
farmer'' for many years and it has a very different definition than the 
definition of ``limited resource farmer'' used for crop insurance 
purposes.
    Response: Section 508(b)(5) of the Act expressly authorizes FCIC to 
waive the administrative fee for ``limited resource farmers.'' Since 
``resources'' include more than the producer's ``income'' such as farm 
size, the definition will not be changed.
    Comment: The crop insurance industry and a producer group 
questioned what the phrase ``a need to maximize farm income'' meant in 
the

[[Page 42972]]

definition of ``limited resource farmer'' and recommended an 
explanation be added to the regulations or the phrase deleted.
    Response: FCIC has reconsidered this provision and amended the 
definition of ``limited resource farmer'' by deleting the phrase ``a 
need to maximize farm income''.
    Comment: A producer group recommended defining or omitting the 
phrase ``small or family farm'' in the definition of ``limited resource 
farmer.'' They also questioned how a person is categorized as a limited 
resource farmer and whether or not such person is required to obtain at 
least catastrophic risk protection (CAT) coverage, if available. The 
comment also asked if the limited resource status could be used as a 
defense if a producer is denied benefits for failure to meet linkage 
requirements.
    Response: FCIC agrees that the terms ``small'' and ``family farm'' 
are not necessary in the definition and has amended the definition 
accordingly. All producers, including limited resource farmers, are 
required to obtain at least CAT coverage, if available, to be eligible 
for certain other USDA program benefits, unless the producer executes a 
waiver of any eligibility for emergency crop loss assistance in 
connection with the crop. The limited resource farmer status only 
authorizes FCIC to waive payment of the administrative fees and may not 
be used as a defense for failure to obtain CAT coverage. Producers may 
request ``limited resource farmer status'' at the time the application 
for insurance is made.
    Comment: A producer group also suggested that the word ``producer'' 
be defined and used rather than the word ``person'' because it would be 
less confusing since ``person'' is specifically defined with regard to 
payment limitation rules. If this change is not made, the comment 
suggested adding provisions to indicate that the definition in these 
provisions does not reference the term ``person'' for payment 
limitation purposes.
    Response: A definition of ``person'' contained in any other statute 
or regulation is not applicable to the Federal crop insurance program 
unless expressly provided. Therefore, the definition of a person with 
respect to payment limitation purposes is not relevant. The term 
``person'' is defined for this program and has been used in the crop 
insurance program for longer than payment limitation has existed. The 
term ``person'' cannot be replaced with ``producer'' because not all 
``persons'' are producers within the context of the program and to 
alternate between the two terms would be confusing. No change to the 
provisions will be made.
    Comment: The crop insurance industry suggested that the phrase ``at 
the option of the Secretary'' should be added after ``through approved 
insurance providers and'' in Sec. 400.652(b) to be consistent with the 
Act. This change is needed to enable the FSA to cease delivering CAT 
coverage in counties in which such coverage becomes unnecessary.
    Response: The Federal Agriculture Improvement and Reform Act of 
1996 provides for CAT coverage to be offered by approved insurance 
providers if there are a sufficient number available within an area. If 
approved insurance providers are not sufficiently available, local 
offices of the USDA will provide CAT coverage. FCIC agrees that the 
Secretary must now make an affirmative determination that CAT can be 
delivered through local FSA offices. The provision has been changed 
accordingly.
    Comment: One comment was received from within FCIC recommending 
that language be included that would deny benefits from other USDA 
programs if the producers fail to carry out their responsibilities in 
accordance with policy provisions. It was suggested that language be 
added to indicate that such failure would be considered a scheme or 
device to circumvent the insurance requirement. The comment indicates 
that some people are interpreting current provisions to mean that once 
a producer applies for crop insurance on a crop of economic 
significance, by signing an application for insurance, that he or she 
has met the requirement for eligibility for certain other USDA program 
benefits, even though he or she has not met the requirements for crop 
insurance coverage to be in effect.
    Response: FCIC agrees that failure to comply with all policy 
provisions may result in ineligibility for certain program benefits 
specified in Sec. 400.657. A new Sec. 400.652(e) has been added that 
states this requirement.
    Comment: Two comments were received from the crop insurance 
industry raising issues involving alternative crops.
    (1) One comment suggested that the provisions regarding alternative 
crops in Sec. 400.653 (now Sec. 400.654) be clarified with respect to 
crops of economic significance, USDA linkage requirements, and late 
filed applications.
    (2) One comment states that this late application procedure could 
provide producers with a false sense of security because of the 
reliance on FCIC to make discretionary determinations following sales 
closing. It states that the procedure limits the producer to CAT 
coverage even if he or she had previously determined that a higher 
level was necessary for the crop intended to be planted. The procedure 
extends the sales closing date which is not permitted by the statute. 
The procedure also requires the insured to make application prior to 
the acreage reporting date, which requires the insured to make a 
special trip to the agent or FSA office.
    Response: Section 400.654 has been amended to clarify the 
conditions under which a producer may insure a substitute crop. Section 
400.651 has also been amended to add a definition of ``substitute 
crop''. FCIC has not extended sales closing dates, it has simply 
permitted another crop to be substituted for the intended crop, 
provided that circumstances warrant such action. This provision was 
intended to protect farm income by allowing the producer to plant and 
insure another crop when there was an inability to plant the intended 
crop or when a crop was planted and failed and replanting of such crop 
was not practical. Since the producer must still obtain coverage by the 
sales closing date for the initially intended crop, producers should 
not have a false sense of security. The substitution of crops simply 
permits producers to maintain their ability to manage their risks when 
circumstances beyond their control require a change in the planned 
farming operation. Since producers who have not executed a waiver of 
any eligibility for emergency crop loss assistance in connection with 
the crop must obtain insurance coverage on all crops of economic 
significance to remain eligible for other farm program benefits, 
producers had to be given the opportunity to insure such crops planted 
as a substitute crop. However, although producers may originally have 
selected higher levels of coverage, they will be limited to CAT 
coverage on substitute crops to comply with the linkage requirements 
and limit exposure for losses that occur after the sales closing date. 
The producer's decision to insure the substitute crop is voluntary and, 
although it may require another visit to the insurance provider, the 
producer will be ensured of protection against crop disasters.
    Comment: The crop insurance industry strongly protested the 
requirement that all acreage reports be signed. They stated that a 
signed acreage report was not a requirement of the Act and must be 
removed in the final rule. They also stated that such a requirement

[[Page 42973]]

should not be imposed on CAT coverage.
    Response: Acreage reports are required by the contract and are 
binding on the producer. If acreage reports are not signed, an 
insurance provider may not be able to legally challenge the contents. 
However, Sec. 400.653(d) (now Sec. 400.654(e)) has been amended for CAT 
coverage only, to permit the operator to sign the acreage report for 
all other persons with an insurable interest in the crop. These 
producers will be bound by all statements on that signed acreage 
report. Any person may sign the application, acreage report, or any 
other document relative to crop insurance coverage, provided he or she 
has a properly executed power of attorney or other legal document 
recognized by the state authorizing such person to sign. Section 
400.654(d) has been amended accordingly.
    Comment: The crop insurance industry also suggested that a producer 
be allowed to specify his or her intended acreage at the time of the 
prior year's production reporting or at the time of application.
    Response: Producers may submit ``intended'' acreage reports as 
suggested by the comment, however, they will be required to confirm 
acreage reporting information in accordance with the policy on or 
before the final acreage reporting date. Premium owed and the 
production guarantee are determined based on actual acreage, not 
``intended'' acreage. No change will be made to this provision.
    Comment: Both the crop insurance industry and a producer group 
suggested clarifying the language in Sec. 400.654(b) (now 
Sec. 400.655(b)) to state how, and to what extent, FCIC intends to 
reduce an indemnity to reflect out-of-pocket expenses that were not 
incurred by the producer as a result of not planting, caring for, or 
harvesting the crop. They asked: If a prevented planting payment that 
is already less than the guarantee under the policy for a planted crop, 
will it be further reduced? They also asked: If an insured has a total 
crop loss, would the guarantee be reduced compared to someone who 
incurred harvesting costs?
    Response: With respect to the prevented planting program, FCIC 
elected to reduce the guarantee, instead of reducing the indemnity, to 
reflect out-of-pocket expenses not incurred by the producer. Therefore, 
prevented planting guarantees or indemnities will not be further 
reduced and Sec. 400.655(b) will be amended accordingly. Producers with 
a total crop loss that occurred before harvest may have the indemnity 
reduced to reflect the costs associated with harvest that were not 
incurred if such reduction is provided for in the applicable crop 
policy. Section 400.655(b) has been amended to state that reductions in 
indemnities will be in an amount determined in accordance with the crop 
provisions or the Special Provisions for the specific crop.
    Comment: One comment from a producer group suggested that there is 
insufficient guidance as to the procedure that will be followed in the 
event of a loss or for appeal rights.
    Response: Each individual crop policy contains procedures to be 
followed in the event of a crop loss. These policies are published in 
chapter IV of title 7 of the CFR. The applicable appeal procedures are 
published at 7 CFR parts 11 and 780 for determinations made by FCIC. 
Therefore, no change will be made.
    Comment: The crop insurance industry recommended that 
Sec. 400.654(c)(1) (now Sec. 400.655(d)(2)) contain a provision 
indicating that when the insured with CAT coverage files a claim for 
indemnity under the policy, that filing indicates the insured has made 
the election to receive a CAT indemnity rather than a benefit under any 
other USDA program that compensates for the same crop loss. It stated 
that the regulations need to specify how the producer is to make this 
election, when he or she must make it, and who is responsible for 
enforcing it.
    Response: The Act expressly provides the producer with the choice 
of programs under which to receive benefits. Since information about 
other program benefits may not be available until long after the crop 
loss has occurred, producers cannot be presumed to have made a choice 
because they have not delayed receipt of benefits to which they are 
entitled. Producers cannot make informed choices with respect to which 
program benefits to choose until they know what benefits will be 
available. Therefore, Sec. 400.655(d)(2) has been amended to permit 
producers to receive a CAT indemnity and, if other program benefits are 
later made available, to reimburse the entire amount of the CAT 
indemnity to be eligible for a benefit under the other program. USDA 
will be responsible for determining if a crop insurance payment has 
been made prior to making payment under any other applicable USDA 
program.
    Comment: A producer group stated that Sec. 400.654(c)(1) (now 
Sec. 400.655(d)(2)), which provides that a person can receive either 
CAT benefits or other USDA benefits for the same loss, but not both, 
should be clarified to state that a producer will not have to forego 
other USDA payments that are not specifically related to the crop loss, 
e.g., regular deficiency payments.
    Response: Deficiency payments did not compensate a producer for a 
crop loss, they provided compensation for changes in the market price. 
Therefore, deficiency payments could be made regardless of whether or 
not the producer collected an indemnity. No changes have been made in 
the provisions in response to the comment.
    Comment: One comment from FSA stated that previous legislation 
required emergency loan applicants to have obtained crop insurance the 
previous year. The reform legislation prohibits the applicant from 
collecting the CAT indemnity, or noninsured crop disaster assistance 
program (NAP) payment, for the same loss that qualifies for the 
emergency loan. This requires the producers to pay for coverage on 
which they are never allowed to collect because if they collect the CAT 
or NAP payment, they will immediately become ineligible for an 
emergency loan. The commentor suggested a more reasonable approach 
would be to limit the total benefits from all sources for a loss to the 
total amount of loss, rather than limiting the benefit to a single 
source. Otherwise the producer will often collect the payment and then 
apply for a regular farm operating or farm ownership loan, rather than 
an emergency loan. Denying the producer the opportunity to collect the 
CAT or NAP payment will put a further strain on the Farm Credit 
Programs already limited loan funds.
    Response: The provision in previous legislation that required 
emergency loan applicants to have obtained crop insurance the previous 
year was removed in the Reform Act. The statute is clear that, for CAT 
coverage policies, if another program provides compensation for the 
same crop loss, the producer must elect only one program under which to 
receive benefits. Therefore, the producer cannot receive benefits from 
all sources up to the total amount of the loss. Further, since the Act 
expressly provides the producer with the choice of which program to 
receive benefits, FCIC cannot administratively abrogate that right. 
However, any producer who receives a CAT indemnity payment is not 
automatically prohibited from receiving assistance for the same loss 
under other USDA programs. Such producers will be given the opportunity 
to reimburse the entire amount of the indemnity and receive assistance 
under the other USDA program. Farm ownership and operating loans which 
are not conditioned on a production loss, may be obtained from the USDA 
in addition

[[Page 42974]]

to crop insurance indemnities. This provision will not be changed in 
response to the comment.
    Comment: A producer group suggested that it is unnecessarily 
confusing when one section requires that a person must obtain at least 
catastrophic risk protection coverage, if available, for each crop on 
all insurable acreage in the county; another section allows limited or 
additional coverage on portions of the crop in the county; and yet 
another section refers to linkage requirements if a crop is a crop of 
economic significance. These requirements could be clarified, 
distinguished, or perhaps even combined to make them easier to 
comprehend.
    Response: FCIC has combined these requirements into Sec. 400.655 
for clarity.
    Comment: The crop insurance industry suggested that the provisions 
need to be clarified to indicate that CAT coverage for high risk land 
must be obtained from the same insurance provider from which limited or 
additional coverage is obtained, if that provider sells and services 
CAT coverage.
    Response: FCIC agrees with the comment and has amended 
Sec. 400.655(c)(2) to clarify this requirement.
    Comment: The crop insurance industry suggested that the hail and 
fire exclusion should be available for limited coverage as well as 
additional coverage.
    Response: Section 508(c)(7) of the Act specifies that the hail and 
fire exclusion is available only for additional coverage. This 
provision cannot be changed.
    Comment: The crop insurance industry suggested that the 
administrative fees for CAT coverage should be addressed separately 
from those for limited coverage (see Sec. 400.655(a)) (now 
Sec. 400.656(a)).
    Response: The provisions of the Act mandate aggregation of the fees 
for CAT and limited coverage in order to ensure that the producer does 
not pay any administrative fee in excess of the amount required on a 
per county or per producer basis. Further, the use of the 
administrative fee to offset the costs of delivery of the program is 
the same for both CAT and limited coverage. This aggregation of fees is 
more clearly communicated by the proposed language than it would be if 
the provisions were separated, therefore, no revisions will be made.
    Comment: The crop insurance industry suggests that the terms 
``additional'' and ``limited'' be clarified.
    Response: FCIC believes that the terms are clearly defined with 
respect to the applicable coverage level. No changes have been made in 
the definitions of these terms.
    Comment: Two comments received from the crop insurance industry 
were against the provision requiring the administrative fee for limited 
coverage being due at acreage reporting time.
    (1) One comment stated that the administrative fee should be 
payable with the premium for limited coverage as well as for additional 
coverage. This comment also stated that it would be more consistent if 
CAT policies had a $50 fee, and the limited and additional coverage 
levels had a $10 fee in addition to the premium.
    (2) One comment stated that they strongly protest the requirement 
that the administrative fee for limited coverage must be paid at 
acreage reporting time for carry-over policies.
    Response: FCIC agrees that the administrative fee for limited 
coverage should be paid during the normal premium billing cycle and has 
modified Sec. 400.656(a)(3) accordingly. However, sections 508(b)(5) 
and 508(c)(10) of the Act specifies that the administrative fee for 
both CAT and limited coverage will be $50 per crop per county. No 
changes in these amounts can be made.
    Comment: The crop insurance industry suggested that Sec. 400.655(a) 
(now Sec. 400.656(a)) fails to include provisions requiring an insured 
to refund any benefits received prior to the policy being terminated 
for nonpayment of fees.
    Response: FCIC agrees with the comment and has amended 
Sec. 400.656(a)(5) and (6) accordingly.
    Comment: One comment received from the crop insurance industry 
asked if the regulation as proposed would permit a company to collect 
the $50 fee for a crop year at the same time it collects the production 
information from the prior crop year for purposes of computing the 
current crop year Actual Production History. They also stated that the 
regulations should be flexible enough so that if a particular producer 
has CAT, limited and additional coverage, all fees and premium could be 
collected at the usual premium billing time.
    Response: Section 508(b)(5)(A) of the Act requires that 
administrative fees for CAT coverage be paid at the time of 
application. Since the Act requires that administrative fees be paid up 
front, FCIC only has the discretion to permit the payment of 
administrative fees on or before the acreage reporting date for carry-
over policies the date the producer indicates the intention to continue 
coverage for the crop year. Administrative fees for limited and 
additional coverage may be collected during the normal billing cycle. 
Any fee may be paid prior to the due date, however, the insurance 
provider cannot require such payment. No change will be made.
    Comment: The crop insurance industry suggested that Sec. 400.655(b) 
(now Sec. 400.656(b)) be clarified to state, ``Payment of an 
administrative fee will not be required if the insured files a zero 
acreage report.''
    Response: FCIC agrees with the comment and has added a new 
Sec. 400.656(b)(3) accordingly. However, producers who falsely file a 
zero acreage report may be subject to administrative and criminal 
sanction.
    Comment: The crop insurance industry also suggested that 
Sec. 400.656(c) (now Sec. 400.657(c)) be clarified to provide that 
eligibility for Conservation Reserve Program benefits is limited to new 
or amended contracts and not contracts already in existence.
    Response: FCIC agrees with the comment and has modified 
Sec. 400.657(c) accordingly.
    Comment: FSA suggested that the requirement for a producer to have 
at least CAT coverage only applies to ``new'' Farm Credit loans not 
``new and amended'' loans. The Act specifically listed the applicable 
benefits in three loan-making authorities and the authority to service 
(reschedule, reamortize, subordinate, write-down or otherwise amend) 
loans is given in other sections of the Consolidated Farm and Rural 
Development Act. There is a discrepancy over the effective date of the 
CAT requirement. The requirement was effective upon enactment, however, 
applicants could not be required to purchase CAT coverage before it was 
available. The commentor continued to say that the effective 
implementation date for their loan programs is January 23, 1995.
    Response: Section 508(b)(7)(A) of the Act was effective on October 
13, 1994, and mandated that the producer obtain at least CAT coverage 
on crops of economic significance to be eligible for certain farm 
credit benefits. Therefore, producers who obtained farm credit 
programs, loans, or amended existing loans after October 13, 1994, are 
statutorily required to comply with this provision. Amendments to 
existing loans were included because such amendments can have a 
significant effect on the terms and duration of such loans. Further, 
Congress realized that some producers obtained loans in 1995, prior to 
enactment of the Act. To permit producers to comply with the 
requirements of section 508(b)(7)(A),

[[Page 42975]]

sales closing dates for CAT coverage were extended to April 13, 1995.
    Comment: One comment received from FSA disagreed with provisions 
that require the producer to obtain CAT coverage for the crop year in 
which a farm credit loan is sought. The producer is not always able to 
anticipate credit needs by the CAT sales closing date so it would be 
more workable to allow the producer to obtain coverage for the 
following year if the sales closing date had passed and it was not 
possible to obtain coverage for the current year.
    Response: The requirement for CAT coverage in the crop year for 
which a benefit is sought is a statutory requirement, although the 
producer may execute a waiver of any eligibility for emergency crop 
loss assistance in connection with the crop and remain eligible for 
certain USDA program benefits. Therefore, no changes have been made. It 
is the responsibility of the producer and the lender to anticipate 
credit needs in the worst case scenario so crop insurance can be 
obtained prior to the applicable sales closing date.
    Comment: The crop insurance industry questioned why only insureds 
who had participated in a conserving use program established for the 
1994 crop year were eligible to receive the special prevented planting 
benefits.
    Response: Section 116 of the Reform Act specifically requires that 
producers have participated in a conserving use program established for 
the 1994 crop year for wheat, feed grains, upland cotton, or rice to be 
eligible for the prevented planting payments.
    In addition to the changes described above, FCIC has made the 
following changes:
    1. Sec. 400.651 has been amended to add definitions for ``Act,'' 
``administrative fee,'' ``expected market price,'' ``FSA,'' ``insurable 
interest,'' ``intended crop,'' ``linkage requirement,'' ``Reform Act,'' 
``substitute crop,'' and ``zero acreage report'' for clarification 
purposes.
    2. Sec. 400.651 has been amended by clarifying the definition of 
``approved yield.''
    3. Sec. 400.654(c) has been amended to allow CAT coverage for a 
crop planted as a substitute for the intended crop when the intended 
crop is prevented from being planted or is planted and fails.
    4. Sec. 400.654(d)(1) (now Sec. 400.655(e)(1)) has been amended by 
deleting the phrase ``as determined by the approved insurance 
provider.'' An insurance company is responsible for administering its 
contract with an insured producer. The FSA will be responsible for 
determining and paying the additional amount due the insured for any 
applicable USDA program benefit, after first considering the amount of 
any crop insurance payment.
    5. Sec. 400.655 has been amended to add a new paragraph 
Sec. 400.655(d)(4) to allow a tobacco producer to obtain catastrophic 
risk protection for 100 percent of the tobacco crop that is identified 
by a tobacco marketing card issued by FSA for a specific producer and 
Farm Serial Number, when the producer and other persons share in the 
crop and none of the persons hold any interest in another tobacco crop 
for which they are required to obtain at least CAT coverage. This 
change will alleviate the burden on each shareholder to pay separate 
administrative fees in situations when numerous small shareholders have 
a share in the crop.
    6. Sec. 400.655 has been amended to add a new paragraph 
Sec. 400.655(d)(5) to allow a landowner to obtain catastrophic risk 
protection and establish linkage for all other landowners who hold an 
undivided interest in the land, provided the landowners do not have 
multiple farming interests and the total liability for all landowners 
is $2,500 or less.
    7. Sec. 400.655(b)(2) (now Sec. 400.656(b)(4)) has been amended to 
include the provision that the administrative fee for additional 
coverage is not subject to any limits.

List of Subjects in 7 CFR Part 400

    Administrative practice and procedure, Claims, Crop insurance, 
Reporting and recordkeeping requirements.

Final Rule

    Accordingly, for the reasons set out in the preamble, the interim 
rule adding a new subpart T to 7 CFR part 400, published at 60 FR 1996-
2000, is adopted as a final rule effective for the 1997 and succeeding 
crop years for all crops with a 1997 crop year contract change date 
after the effective date of this rule and for the 1998 and succeeding 
crop years for all crops with a 1997 crop year contract change date 
prior to the effective date of this rule, with changes as follows:
    Subpart T of part 400 is revised to read as follows:

PART 400--GENERAL ADMINISTRATIVE REGULATIONS

Subpart T--Federal Crop Insurance Reform, Insurance Implementation; 
Regulations for the 1997 and Subsequent Crop Years
Sec.
400.650  Purpose.
400.651  Definitions.
400.652  Insurance availability.
400.653  Determining crops of economic significance.
400.654  Application and acreage report.
400.655  Coverage provided.
400.656  Administrative fees and waivers.
400.657  Eligibility for other program benefits.
400.658  Coverage for acreage that is prevented from being planted.
400.659  Transitional yields for forage or feed crops, 1995-1997 
crop years.

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


Sec. 400.650  Purpose.

    The Reform Act requires FCIC to implement a crop insurance program 
that offers several levels of insurance coverage for producers. These 
levels of protection include catastrophic risk protection, limited 
coverage, and additional coverage insurance. This subpart provides 
notice of the availability of these crop insurance options and 
establishes provisions and requirements for implementation of the 
insurance provisions of the Reform Act.


Sec. 400.651  Definitions.

    Act--The Federal Crop Insurance Act, as amended (7 U.S.C. 
Secs. 1501 et seq.).
    Additional coverage--Plans of crop insurance providing a level of 
coverage equal to or greater than sixty-five percent (65%) of the 
approved yield indemnified at one hundred percent (100%) of the 
expected market price, or comparable coverage as established by FCIC.
    Administrative fee--The $50 fee the producer must pay on a per crop 
and county basis with a maximum of $200 per producer per county and 
$600 per producer for catastrophic and limited coverage on an annual 
basis. Also, the $10 fee the producer must pay annually on a per crop 
and county basis for additional coverage.
    Approved insurance provider--A private insurance company, including 
its agents, that has been approved and reinsured by FCIC to provide 
insurance coverage to producers participating in the Federal crop 
insurance program.
    Approved yield--The amount of production per acre computed in 
accordance with FCIC's Actual Production History Program (7 CFR part 
400, subpart G) or for crops not included under 7 CFR part 400, subpart 
G, the yield used to determine the guarantee in accordance with the 
crop provisions or the Special Provisions.
    Catastrophic risk protection--The minimum level of coverage offered 
by FCIC which is required before a person may qualify for certain other 
USDA program benefits unless the producer executes a waiver of any 
eligibility for emergency crop loss assistance in connection with the 
crop. For the 1995

[[Page 42976]]

through 1998 crop years, such coverage will offer protection equal to 
fifty percent (50%) of the approved yield indemnified at sixty percent 
(60%) of the expected market price, or a comparable coverage as 
established by FCIC. For the 1999 and subsequent crop years, such 
coverage will offer protection equal to fifty percent (50%) of the 
approved yield indemnified at fifty-five percent (55%) of the expected 
market price, or a comparable coverage as established by FCIC.
    Catastrophic Risk Protection Endorsement--The part of the crop 
insurance policy that contains provisions of insurance that are 
specific to catastrophic risk protection.
    Crop of economic significance--A crop that has either contributed 
in the previous crop year, or is expected to contribute in the current 
crop year, ten percent (10%) or more of the total expected value of the 
producer's share of all crops grown in the county. However, a crop will 
not be considered a crop of economic significance if the expected 
liability under the Catastrophic Risk Protection Endorsement is equal 
to or less than the administrative fee required for the crop.
    Expected market price--(price election) The price per unit of 
production (or other basis as determined by FCIC) anticipated during 
the period the insured crop normally is marketed by producers. This 
price will be set by FCIC before the sales closing date for the crop. 
The expected market price may be less than the actual price paid by 
buyers if such price typically includes remuneration for significant 
amounts of post-production expenses such as conditioning, culling, 
sorting, packing, etc.
    FCIC--The Federal Crop Insurance Corporation, a wholly owned 
Government Corporation within USDA.
    FSA--The Farm Service Agency, an agency of the United States 
Department of Agriculture or any successor agency.
    Insurable interest--The value of the producer's interest in the 
crop that is at risk from an insurable cause of loss during the 
insurance period. The maximum indemnity payable to the producer may not 
exceed the indemnity due on the producer's insurable interest at the 
time of loss.
    Intended crop--A crop stated on the application as submitted on or 
before the sales closing date for the crop which the producer intended 
to plant in the crop year for which application is made.
    Limited coverage--Plans of insurance offering coverage that is 
equal to or greater than fifty percent (50%) of the approved yield 
indemnified at one hundred percent (100%) of the expected market price, 
or a comparable coverage, but less than sixty-five percent (65%) of the 
approved yield indemnified at one hundred percent (100%) of the 
expected market price, or a comparable coverage.
    Limited resource farmer--A producer or operator of a farm, with an 
annual gross income of $20,000 or less derived from all sources of 
revenue, including income from spouse's or other members of the 
household, for each of the prior two years. Notwithstanding the 
previous sentence, a producer on a farm or farms of less than 25 acres 
aggregated for all crops, where a majority of the producer's gross 
income is derived from such farm or farms, but the producer's gross 
income from farming operations does not exceed $20,000, will be 
considered a limited resource farmer.
    Linkage requirement--The legal requirement that a producer must 
obtain at least catastrophic risk protection coverage for any crop of 
economic significance as a condition of receiving benefits for such 
crop from certain other USDA programs in accordance with Sec. 400.657, 
unless the producer executes a waiver of any eligibility for emergency 
crop loss assistance in connection with the crop.
    Person--An individual, partnership, association, corporation, 
estate, trust, or other legal entity, and wherever applicable, a state 
or a political subdivision or agency of a state.
    Reform Act--The Federal Crop Insurance Reform Act of 1994, Public 
Law 103-354.
    Secretary--The Secretary of the United States Department of 
Agriculture.
    Substitute crop--An alternative crop whose sales closing date has 
passed and that is planted on acreage that is prevented from being 
planted to an intended crop or where an intended crop is planted and 
fails.
    Zero acreage report--An acreage report filed by the producer that 
certifies that the producer does not have a share in the crop for that 
crop year.


Sec. 400.652  Insurance availability.

    (a) If sufficient actuarial data are available, FCIC will offer 
catastrophic risk protection, limited, and additional coverage plans of 
insurance to indemnify persons for FCIC insured or reinsured crop loss 
due to loss of yield or prevented planting, if the crop loss or 
prevented planting is due to an insured cause of loss specified in the 
applicable crop insurance policy.
    (b) Catastrophic risk protection coverage may be offered through 
approved insurance providers and through local offices of the Farm 
Service Agency specified by the Secretary. Limited and additional 
coverage will only be offered through approved insurance providers 
unless there is not a sufficient number of approved insurance providers 
that offer such insurance within a service area.
    (c) A person must obtain at least catastrophic risk protection for 
the crop on all insurable acreage in the county in which the person has 
a share on or before the sales closing date designated by FCIC for the 
crop in the county in order to satisfy the linkage requirements unless 
the producer executes a waiver of any eligibility for emergency crop 
loss assistance in connection with the crop.
    (d) For limited and additional coverage, in areas where insurance 
is not available for a particular agricultural commodity that is 
insurable elsewhere, FCIC may enter into a written agreement with a 
person to insure the commodity, provided that the person has 
actuarially sound data relating to the production of the commodity that 
is acceptable to FCIC and that such written agreement is specifically 
allowed by the crop insurance regulations applicable to the crop.
    (e) Failure to comply with all provisions of the policy constitutes 
a breach of contract and may result in ineligibility for certain other 
farm program benefits for that crop year and any benefit already 
received must be refunded. If a producer breaches the insurance 
contract, the execution of a waiver of eligibility for emergency crop 
loss assistance will not be effective for the crop year in which the 
breech occurred.


Sec. 400.653  Determining crops of economic significance.

    To be eligible for certain other program benefits under 
Sec. 400.657 the following conditions will apply with respect to crops 
of economic significance if the producer does not execute a waiver of 
any eligibility for emergency crop loss assistance in connection with 
the crop.
    (a) If a producer planted a crop of economic significance in the 
preceding crop year, and does not intend to plant the same crop in the 
present crop year, the producer does not have to obtain insurance 
coverage or execute a waiver of any eligibility for emergency crop loss 
assistance in connection with the crop in the present crop year to 
comply with the linkage requirements. However, if the producer later 
decides to plant that crop, the producer will be unable to obtain 
insurance after the sales closing date and must execute a waiver of any 
eligibility for emergency crop loss assistance in connection with the 
crop to be eligible for benefits as

[[Page 42977]]

specified in Sec. 400.657. Failure to execute such a waiver will 
require the producer to refund any benefits already received under a 
program specified in Sec. 400.657.
    (b) The producer is initially responsible to determine the crops of 
economic significance in the county. The insurance provider may assist 
the producer in making these initial determinations. However, these 
determinations will not be binding on the insurance provider. To 
determine the percentage value of each crop:
    (1) Multiply the acres planted to the crop times the producer's 
share, times the approved yield, and times the price;
    (2) Add the values of all crops grown by the producer (in the 
county); and
    (3) Divide the value of the specific crop by the result of 
paragraph (b)(2).
    (c) The producer may use the type of price, such as the current 
local market price, futures price, established price, highest amount of 
insurance, etc., for the price when calculating the value of each crop, 
provided that the producer uses the same type of price for all crops in 
the county.
    (d) The producer may be required to justify the calculation and 
provide adequate records to enable the insurance provider to verify 
whether a crop is of economic significance.


Sec. 400.654  Application and acreage report.

    (a) To participate in catastrophic risk protection, limited, or 
additional coverage plans of insurance, a producer must submit an 
application for insurance on or before the applicable sales closing 
date.
    (b) In order to remain eligible for certain farm programs, as 
specified in Sec. 400.657, a producer must obtain at least catastrophic 
risk protection on all crops of economic significance, if catastrophic 
risk protection is available in the county, unless the producer 
executes a waiver of any eligibility for emergency crop loss assistance 
in connection with the crop.
    (c) Notwithstanding the requirements of Sec. 400.654(a) that 
applications for insurance be submitted on or before the applicable 
sales closing date, FCIC may permit a producer to insure crops other 
than those specified on the application under the following conditions:
    (1) The producer must be unable to plant the intended crop or it is 
not practical to replant a failed crop before the final planting date. 
FCIC will take into consideration marketing windows when determining 
whether it was not practical to replant.
    (2) Conditions must exist to warrant allowing a producer to insure 
crops other than the intended crop.
    (3) The producer must submit an application for the substitute crop 
on or before the acreage reporting date for the substitute crop and pay 
any applicable administrative fee. A producer may not substitute a crop 
that the producer planted in the preceding crop year unless that crop 
was listed on a timely filed application for the current crop year.
    (4) If the producer plants a substitute crop that is a crop of 
economic significance, the producer must obtain CAT coverage, if 
available, to comply with the linkage requirements specified in 
Sec. 400.657. The producer may not substitute a crop under this 
provision if the producer has signed or intends to sign a waiver for 
emergency crop loss assistance for the crop year.
    (5) The substitute crop must be planted on or before the final 
planting date or within the late planting period, if applicable, for 
the substitute crop.
    (6) Under no circumstances may a producer submit an application for 
limited or additional coverage after the sales closing date for the 
substitute crop.
    (d) For all coverages, including catastrophic risk protection, 
limited, and additional coverages, the producer must file a signed 
acreage report on or before the acreage reporting date. Any person may 
sign any document relative to crop insurance coverage on behalf of any 
other person covered by such a policy, provided that the person has a 
properly executed power of attorney or other legally sufficient 
document authorizing such person to sign.
    (e) Under catastrophic risk protection, unless the other person 
with an insurable interest in the crop objects in writing prior to the 
acreage reporting date and provides a signed acreage report on their 
own behalf an operator may sign the acreage report for all other 
persons with an insurable interest in the crop without a power of 
attorney. All persons with an insurable interest in the crop, and for 
whom the operator purports to sign and represent, are bound by the 
information contained in that acreage report.


Sec. 400.655  Coverage provided.

    (a) The specific causes of loss for which insurance coverage is 
offered are designated in the crop insurance policy for each crop.
    (b) An indemnity paid to a producer may be reduced, in an amount 
determined in accordance with crop provisions or Special Provisions, to 
reflect out-of-pocket expenses that were not incurred by the producer 
as a result of not planting, caring for, or harvesting the crop. 
Indemnities paid for acreage that is prevented from being planted will 
be based on a reduced guarantee as provided for in the crop policy and 
will not be further reduced to reflect expenses not incurred.
    (c) The producer must obtain the same level of coverage 
(catastrophic, limited, or additional) for all acreage of the crop in 
the county unless one of the following applies:
    (1) The applicable crop insurance policy allows the producer the 
option to separately insure individual crop types or varieties. In this 
case each individual type or variety insured by the producer will be 
subject to separate administrative fees. For example, if two grape 
varieties in California are insured under a CAT policy and two 
varieties are insured under a limited coverage policy, a separate 
administrative fee will be charged for each of the four varieties. 
Although insurance may be elected by type or variety in these 
instances, failure to insure a type or variety that is of economic 
significance may result in the denial of other farm program benefits, 
unless the producer executes a waiver of any eligibility for emergency 
crop loss assistance in connection with the crop.
    (2) The producer with limited or additional coverage for the crop 
in the county has acreage that has been designated as ``high risk'' by 
FCIC. Such producers will be able to obtain a High Risk Land Exclusion 
Option for the high risk acreage under the limited or additional 
coverage policies and insure the high risk acreage under a separate CAT 
policy provided that the CAT coverage is obtained from the same 
insurance provider from which the limited or additional coverage was 
obtained. The producer may only obtain CAT from another insurance 
provider if the original insurance provider does not deliver CAT 
policies.
    (d) Catastrophic risk protection.
    (1) Any person who has a bona fide insurable interest in a crop is 
eligible for catastrophic risk protection subject to any limitations 
contained in the crop insurance contract.
    (2) A person who is eligible to receive an indemnity under 
catastrophic risk protection and is also eligible to receive 
compensation for the same crop loss under any other USDA programs, must 
elect the program from which to receive benefits. A payment or program 
benefit under only one of the programs is allowed. If other USDA 
program benefits are not available until after the producer filed a 
claim for indemnity, the producer may refund the total amount of the 
indemnity and receive the other program benefit. Farm ownership and 
operating loans may be obtained from USDA in addition to crop insurance 
indemnities.

[[Page 42978]]

    (3) Catastrophic risk protection may, on a commodity-by-commodity 
basis, be elected on an individual yield and loss basis, or, where 
offered, may be elected on an area yield and loss basis.
    (4) A tobacco producer may insure one hundred percent (100%) of the 
tobacco crop that is identified by a tobacco marketing card issued by 
FSA for a specific producer and Farm Serial Number under one CAT 
policy, provided the producer and other persons each have a share in 
the crop, all the shareholders agree in writing to such arrangement, 
and none of the shareholders hold any other interest in another tobacco 
crop for which they are required to obtain at least catastrophic 
coverage. If the tobacco crop is insured under one policy:
    (i) The linkage requirements will be satisfied for each shareholder 
of the crop; and
    (ii) The producer insuring the crop will:
    (A) Make application for insurance and provide the name and social 
security number or employer identification number of each person with a 
share in the tobacco crop;
    (B) File the acreage report showing a one-hundred percent (100%) 
share in the crop (all insurable acreage covered by such marketing card 
will be considered as one unit);
    (C) Be responsible to pay one administrative fee for all the 
producers within the county;
    (D) Fulfill all requirements under the crop insurance contract; and
    (E) Receive any indemnity payment under his or her social security 
number or employer identification number and distribute the indemnity 
payments to the other person sharing in the crop.
    (5) A landowner will be allowed to obtain catastrophic coverage to 
satisfy linkage requirements for all other landowners who hold an 
undivided interest in the insurable acreage, provided:
    (i) All landowners agree in writing to such arrangement and have 
their social security number or employer identification number listed 
on the application, without regard to the actual amount of their 
interest in the insured acreage;
    (ii) All landowners must have an undivided interest in the 
insurable acreage;
    (iii) None of the landowners may hold any share in other acreage 
for which they are required to obtain at least catastrophic coverage;
    (iv) The total cumulative liability under the Catastrophic Risk 
Protection Endorsement for all landowners must be $2,500 or less;
    (v) The landowner insuring the crop will:
    (A) Make application for insurance and provide the name and social 
security number or employer identification number of each person with 
an undivided interest in the insurable acreage;
    (B) Be responsible to pay one administrative fee for all the 
producers within the county;
    (C) Fulfill all requirements under the insurance contract; and
    (D) Receive any indemnity payment under the landowner's social 
security number or employer identification number and distribute the 
indemnity payments to the other persons sharing in the crop.
    (E) Limited and additional coverage. (1) A producer who is eligible 
to receive an indemnity under a limited or an additional coverage plan 
of insurance and who also is eligible to receive benefits for the same 
loss under any other USDA program may receive benefits under both 
programs, unless specifically limited by the crop insurance contract or 
by law. However, the total amount received from all such sources may 
not exceed the amount of the actual loss sustained by the insured. The 
total amount of the actual loss is the difference between the fair 
market value of the insured commodity before and after the loss, based 
upon the producer's production records and the highest price election 
or amount of insurance available for the applicable crop. FSA will 
determine and pay the additional amount due the producer for any 
applicable USDA program, after first considering the amount of any crop 
insurance indemnity. Farm ownership and operating loans may be obtained 
from the USDA in addition to crop insurance indemnities.
    (2) Limited or additional coverage may, on a commodity-by-commodity 
basis, be elected on an individual yield and loss basis, or, where 
offered, on an area yield and loss basis.
    (3) Hail and fire coverage may be excluded from the covered causes 
of loss for a crop policy only if additional coverage is elected.


Sec. 400.656  Administrative fees and waivers.

    (a) Catastrophic risk protection and limited coverage. (1) The 
producer must pay an administrative fee each year of fifty dollars 
($50.00) per crop per county, not to exceed two hundred dollars 
($200.00) per county, and six hundred dollars ($600.00) for all 
counties in which the producer has elected to obtain catastrophic or 
limited coverage.
    (2) The producer must pay this administrative fee for catastrophic 
coverage at the time of application for the first year, and by the 
acreage reporting date for all subsequent years that crop insurance 
coverage is in effect.
    (3) The administrative fee for limited coverage must be paid no 
later than the time that premium is due.
    (4) Except for the initial application year of a crop, payment of 
an administrative fee will not be required for a crop if the insured 
files a bona fide zero acreage report for the crop on or before the 
acreage reporting date. Any producer who falsely files a zero acreage 
report may be subject to administrative and criminal sanctions.
    (5) For Catastrophic coverage, if the administrative fee is not 
paid when due, the crop insurance contract will terminate effective at 
the beginning of the crop year for which the administrative fee was not 
paid. Persons failing to pay the administrative fee, and all persons 
with an insurable interest in the crop under the same contract, may not 
be eligible for certain other USDA program benefits as set out in 
Sec. 400.657 and all such benefits already received for the crop year 
must be refunded. If a producer fails to pay the administrative fee 
when due, the execution of a waiver of any eligibility for emergency 
crop loss assistance in connection with the crop will not be effective 
for any crop year in which payment was not made.
    (6) For limited coverage, persons failing to pay the administrative 
fee by the due date, and all persons with an insurable interest in the 
crop under the same contract, will not be eligible for certain other 
USDA program benefits as set out in Sec. 400.657 and all such benefits 
already received for the crop year must be refunded. Since insurance 
coverage was in effect throughout the insurance period, the producer 
will be required to pay both the administrative fee and the premium for 
that crop year in accordance with provisions regarding any amounts due 
us contained in the applicable crop policy. If a producer fails to pay 
the administrative fee when due, the execution of a waiver of any 
eligibility for emergency crop loss assistance in connection with the 
crop will not be effective for any crop year for which payment was not 
made.
    (7) The administrative fee may not be waived unless the insured 
qualifies as a limited resource farmer.
    (8) The administrative fee will be refunded if the insured has 
previously obtained catastrophic risk protection or limited coverage 
for the crop year, paid the administrative fee, and subsequently 
purchased additional coverage for that same crop in the same county on 
or

[[Page 42979]]

before the sales closing date. Administrative fees will not be refunded 
if, after the purchase of the additional coverage, the producer still 
has four or more crops insured in the county, or four or more crops 
insured in each of three or more counties, at the catastrophic or 
limited coverage level.
    (9) The administrative fee will not be refunded for the year of 
application even if the insured does not plant the crop for that year.
    (10) For limited coverage, the administrative fee is in addition to 
the amount of premium owed by the person.
    (b) Additional coverage. (1) If additional coverage is elected, the 
insured must pay, in addition to the premium, an administrative fee of 
ten dollars ($10) per crop, per county, for the year of application and 
each subsequent year in which crop insurance coverage remains in 
effect. The administrative fee must be paid no later than the time that 
premium is due.
    (2) Persons failing to pay the administrative fee by the due date, 
and all persons with an insurable interest in the crop under the same 
contract, will not be eligible for certain other USDA program benefits 
as set out in Sec. 400.657, and all such benefits already received for 
the crop year must be refunded. Since insurance coverage was in effect 
throughout the insurance period, the producer will be required to pay 
both the administrative fee and the premium for that crop year in 
accordance with provisions regarding any amounts due us contained in 
the applicable crop policy. If a producer fails to pay the 
administrative fee when due, the execution of a waiver of any 
eligibility for emergency crop loss assistance in connection with the 
crop will not be effective for any crop year for which payment was not 
made.
    (3) Payment of an administrative fee will not be required if the 
insured files a bona fide zero acreage report on or before the acreage 
reporting date for the crop. Any producer who falsely files a zero 
acreage report may be subject to criminal and administrative sanctions.
    (4) The administrative fee for additional coverage is not 
refundable, is not subject to any limits, and may not be waived.
    (c) When obtaining catastrophic risk protection, limited, or 
additional coverage, a producer must provide information regarding crop 
insurance coverage on any crop previously obtained at any other local 
FSA office or from an approved insurance provider, including the date 
such insurance was obtained and the amount paid in administrative fees. 
If the producer paid more than the maximum allowable amount in 
administrative fees, the producer will receive a refund of the excess 
fees paid from the local FSA office or from the approved insurance 
provider that last collected such fees.


Sec. 400.657  Eligibility for other program benefits.

    The producer must obtain at least catastrophic coverage for each 
crop of economic significance in the county in which the producer has 
an insurable share, if insurance is available in the county for the 
crop, unless the producer executes a waiver of any eligibility for 
emergency crop loss assistance in connection with the crop, to be 
eligible for:
    (a) Benefits under the Agricultural Market Transition Act;
    (b) Loans or any other USDA provided farm credit, including: 
guaranteed and direct farm ownership loans, operating loans, and 
emergency loans under the Consolidated Farm and Rural Development Act 
provided after October 13, 1994; and
    (c) Benefits under the Conservation Reserve Program derived from 
any new or amended application or contract executed after October 13, 
1994.


Sec. 400.658  Coverage for acreage that is prevented from being 
planted.

    For the 1995 and succeeding crop years, the insurance period for 
prevented planting for those crop insurance policies containing 
prevented planting coverage shall be extended so that prevented 
planting coverage begins:
    (a) On the sales closing date for the insured crop in the county 
for the crop year the application for insurance is accepted; or
    (b) For any crop year following the crop year the application for 
insurance is accepted, or for any crop year the insurance policy is 
transferred to a different insurance provider, on the sales closing 
date for the insured crop in the county for the previous crop year, 
provided continuous coverage has been in effect since that date. For 
example: If the producer makes application and purchases a corn crop 
insurance policy for the 1995 crop year (which is not terminated or 
canceled during or after the 1995 crop year), prevented planting 
coverage for the 1996 crop year began on the 1995 sales closing date. 
Cancellation for the purpose of transferring the policy to a different 
insurance provider when there is no lapse in coverage will not be 
considered terminated or canceled coverage for the purpose of the 
preceding sentence.


Sec. 400.659  Transitional yields for forage or feed crops, 1995-1997 
crop years.

    (a) For the 1995 through the 1997 crop years, producers who produce 
feed or forage will be eligible for an adjustment in the assigned yield 
described in 7 CFR 400.55(b)(1) if:
    (1) The feed or forage is primarily for use by the producer as 
livestock, dairy, or poultry operations; and
    (2) At least fifty percent (50%) of the producer's net farm income 
is derived from the livestock, dairy, or poultry operations.
    (b) Producers that qualify under paragraph (a) of this section will 
receive an assigned yield, if required, under 7 CFR 400.55(b)(1) equal 
to eighty percent (80%) of the T- or D-Yield.

    Signed in Washington, DC, on August 13, 1996.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 96-21116 Filed 8-19-96; 8:45 am]
BILLING CODE 3410-FA-P