[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72359-72364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25529]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / 
Rules and Regulations  

[[Page 72359]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563-AC82
[Docket ID FCIC-22-0008]


Small Grains and Processing Sweet Corn Crop Insurance 
Improvements

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

ACTION: Final rule with request for comments.

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

SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the 
Common Crop Insurance Regulations, Small Grains Crop Insurance 
Provisions, Processing Sweet Corn Crop Insurance Provisions, Cabbage 
Crop Insurance Provisions, and the Fresh Market Tomato (Dollar Plan) 
Crop Insurance Provisions. The changes will allow revenue coverage for 
oats and rye under the Small Grains Crop Insurance Provisions and 
extend the end of the insurance period date for processing sweet corn 
from September 20 to September 30 in Illinois, Minnesota, and 
Wisconsin. This will benefit the producers in those states by providing 
them with an additional 10 days of coverage, consistent with the 
existing coverage for producers in Iowa. In addition, this final rule 
will make corrections to the Cabbage Crop Insurance Provisions and the 
Fresh Market Tomato (Dollar Plan) Crop Insurance Provisions. The 
changes will be effective for the 2023 and succeeding crop years for 
crops with a contract change date on or after November 30, 2022, and 
for the 2024 and succeeding crop years with a contract change date on 
or after June 30, 2023.

DATES: 
    Effective date: November 25, 2022.
    Comment date: We will consider comments that we receive by the 
close of business January 24, 2023. FCIC may consider the comments 
received and may conduct additional rulemaking based on the comments.

ADDRESSES: We invite you to submit comments on this rule. You may 
submit comments by going through the Federal eRulemaking Portal as 
follows:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID FCIC-22-0008. Follow the 
instructions for submitting comments.
    All comments will be posted without change and will be publicly 
available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926-
7829; or email [email protected]. Persons with disabilities who 
require alternative means for communication should contact the USDA 
Target Center at (202) 720-2600 or (844) 433-2774 (toll-free 
nationwide).

SUPPLEMENTARY INFORMATION:

Background

    FCIC serves America's agricultural producers through effective, 
market-based risk management tools to strengthen the economic stability 
of agricultural producers and rural communities. FCIC is committed to 
increasing the availability and effectiveness of Federal crop insurance 
as a risk management tool. Approved Insurance Providers (AIPs) sell and 
service Federal crop insurance policies in every state through a 
public-private partnership. FCIC reinsures the AIPs who share the risks 
associated with catastrophic losses due to major weather events. FCIC's 
vision is to secure the future of agriculture by providing world class 
risk management tools to rural America.
    Federal crop insurance policies typically consist of the Basic 
Provisions, the Crop Provisions, the Special Provisions, the Commodity 
Exchange Price Provisions, if applicable, other applicable endorsements 
or options, the actuarial documents for the insured agricultural 
commodity, the Catastrophic Risk Protection Endorsement, if applicable, 
and the applicable regulations published in 7 CFR chapter IV. 
Throughout this rule, the terms ``Crop Provisions,'' ``Special 
Provisions,'' and ``policy'' are used as defined in the Common Crop 
Insurance Policy (CCIP) Basic Provisions in 7 CFR 457.8. Additional 
information and definitions related to Federal crop insurance policies 
are in 7 CFR 457.8.
    FCIC amends the Common Crop Insurance Regulations by revising 7 CFR 
457.101 Small Grains Crop Insurance Provisions, 7 CFR 457.139 Fresh 
Market Tomato (Dollar Plan) Crop Insurance Provisions, 7 CFR 457.154 
Processing Sweet Corn Crop Insurance Provisions, and 7 CFR 457.171 
Cabbage Crop Insurance Provisions. In addition, this final rule will 
make corrections to references, missing words, grammatical and spelling 
errors, repetitive parenthetical titles, and inadvertently missing text 
that was identified in the Cabbage Crop Insurance Provisions and the 
Fresh Market Tomato (Dollar Plan) Crop Insurance Provisions. The 
changes will be effective for the 2023 and succeeding crop years for 
crops with a contract change date on or after November 30, 2022, and 
for the 2024 and succeeding crop years with a contract change date on 
or after June 30, 2023.
    The changes to 7 CFR 457.101 Small Grains Crop Insurance Provisions 
are:
    The Small Grains Crop Provisions currently offers actual production 
history (APH) coverage for buckwheat, flax, oats, and rye; and offers 
yield protection (YP), revenue protection (RP), and revenue protection 
with harvest price exclusion (RP-HPE) for barley and wheat. In this 
final rule, FCIC is expanding RP and RP-HPE for oats and rye, matching 
available coverage for barley and wheat.
    The current APH coverage will be converted to YP. For producers who 
wish to maintain yield coverage, the only difference in coverage will 
be the price guarantee will match the projected price offered for 
revenue protection (established approximately 2 weeks prior to the 
sales closing date), instead of a price election established by the 
Risk Management Agency (RMA) (established prior to the contract change 
date).
    With the availability of revenue protection for oats and rye, the 
terms ``price election'' and ``production guarantee'' are no longer 
applicable. Instead, the terms ``projected price,'' ``yield protection 
guarantee,'' and ``revenue protection guarantee'' are applicable. These 
changes appear in the following sections of the Small Grains Crop 
Insurance Provisions to expand revenue coverage to oats and rye:

[[Page 72360]]

paragraph 3 (a) and (b), paragraph 9 (c), and paragraphs 11 (b) and 
(c).
    In Section 3, FCIC is revising paragraph (a) to remove the 
references to oats and rye. Prior to this rule, the provision stated 
that revenue protection is not available for oats, rye, flax, or 
buckwheat. FCIC is removing oats and rye from the list of crops because 
revenue coverage will now be available for oats and rye. FCIC is also 
revising paragraph (b) to add references to oats and rye. Prior to this 
rule, the provisions stated that revenue protection is available for 
barley and wheat. FCIC is adding oats and rye to the list of crops in 
the two places where the list occurs.
    In Section 9, FCIC is revising paragraph (c)(2)(i) to remove the 
reference to oats and revise paragraph (c)(2)(ii) to add a reference to 
oats. When a crop does not have yield or revenue protection available, 
the price used for determining coverage and any indemnity payments, 
including replanting payments, is called the price election. For crops 
for which yield and revenue protection are available, this price is 
called the projected price. In paragraph (c)(2)(i), prior to this rule, 
the provision stated that the replanting payment for oats will be 
determined by using the price election. This rule changes the 
regulation to make revenue and yield protection plans of insurance 
available for oats; therefore, the price used will be the projected 
price. Paragraph (c)(2)(ii) contains provisions applicable to the 
projected price. FCIC is revising paragraph (c)(2)(ii) to include oats, 
as the projected price will now be used. There are no changes in this 
section regarding rye because replanting payments are not available for 
rye.
    In Section 11, FCIC is revising paragraphs (b)(1)(i), (ii) and 
(iii). Paragraphs (b)(1)(i), (ii), and (iii) refer to ``yield 
protection guarantee,'' ``production guarantee,'' and ``revenue 
protection guarantee,'' respectively. For crops for which yield and 
revenue protection are available, the applicable terms are yield 
protection guarantee and revenue protection guarantee. For crops for 
which yield and revenue protection are not available, the applicable 
term is production guarantee. Therefore, this rule is removing the 
references to oats and rye in paragraph (b)(1)(ii), which address 
production guarantee, and adds them to paragraphs (b)(1)(i) and (iii), 
which address yield protection guarantee and revenue protection 
guarantee.
    FCIC is also revising paragraph (b)(3)(i) to add references to oats 
and rye and revising paragraph (b)(3)(ii) to remove the references to 
oats and rye. This change is consistent with the change discussed above 
for section 9 paragraph (c)(2). Paragraph (b)(3)(i) refers to 
computations using the projected price; paragraph (b)(3)(ii) refers to 
computations using the price election. Oats and rye are being removed 
from paragraph (b)(3)(ii) and added to paragraph (b)(3)(i) to align 
with the proper terms for crops for which revenue protection is 
available.
    FCIC is also revising paragraph (c)(1)(i) to remove the reference 
to oats and rye in one place and add the reference in two places. 
Paragraph (c)(1)(i) contains provisions that explain what appraised 
production includes. Prior to this rule, oats and rye were included in 
a list of crops with buckwheat and flax. Those four crops have similar 
coverage and use the same crop insurance terminology under the Small 
Grains Crop Provisions. This rule removes oats and rye from the list of 
crops containing buckwheat and flax and adds them to the list of crops 
containing barley and wheat in two places because allowing revenue 
coverage for oats and rye make coverage and crop insurance terminology 
for those two crops consistent with coverage and terminology for barley 
and wheat.
    FCIC is adding the word ``an'' to make the sentence in section 2 
paragraph (a)(3) grammatically correct.
    FCIC is revising the sub-heading for section 3 to ``Insurance 
Guarantees, Coverage Levels, and Prices'' by removing the phrase ``for 
Determining Indemnities'' at the end. Removing this phrase will align 
the sub-heading to match the corresponding section in the CCIP Basic 
Provisions. It also helps clarify that price is not exclusively used to 
determine indemnities; it is also used to establish the guarantee and 
determine the premium due for the producer.
    FCIC is correcting the location of premium rates from ``actuarial 
table'' to ``actuarial documents'' in section 6 paragraph (d). The 
practical meaning is the same. However, the CCIP Basic Provisions 
defines ``actuarial documents'' so that is the correct term to refer to 
the location of the premium rates information.
    FCIC is updating prices in the settlement of claim example, so the 
prices are more reflective of current values and potential indemnities. 
FCIC is also adding ``not applicable'' next to any steps that do not 
apply to the example. Specifically, steps 2 and 4 in the example are to 
sum the results of the prior step for each type. The example is for a 
single type and summing the results is not an applicable step in the 
calculation.
    The changes to 7 CFR 457.154 Processing Sweet Corn Crop Insurance 
Provisions are:
    In response to feedback from producers and processors, FCIC is 
revising the end of insurance date for Illinois, Minnesota, and 
Wisconsin from September 20 to September 30. The end of insurance date 
is already September 30 in Iowa where the producers use the same 
processors for their crop. The processors coordinate the timing of 
harvest in advance to maximize operational and storage capabilities at 
the processing plant. The typical harvest period ends around September 
30 and producers are currently left without insurance coverage after 
September 20. Claims for losses are not expected to increase 
significantly because the main cause of loss leading up to harvest is 
freeze or frost and the average first hard freeze dates for these 
states are between October 3 to October 12, after the revised end of 
insurance date. This rule will also move the end of insurance period 
date to the Special Provisions, ensuring RMA can timely adjust the end 
of insurance period date if another change is needed in the future.
    Other minor changes to 7 CFR 457.154 Processing Sweet Corn Crop 
Insurance Provisions include:
    FCIC is removing the introductory sentence explaining the order of 
priority of policy provisions because it is duplicative of the same 
order of priority included in the CCIP Basic Provisions.
    FCIC is revising the definition of ``good farming practice'' to 
clarify the definition for ``good farming practice'' is in addition to 
the definition in the CCIP Basic Provisions, because cultural practices 
required by the sweet corn processor contract are also considered good 
farming practices for the crop.
    FCIC is revising the definition of ``practical to replant'' to 
clarify that the definition is in addition to the definition in the 
CCIP Basic Provisions, because the processor must also agree to accept 
the production in order for the crop to be considered practical to 
replant.
    FCIC is revising the definition of ``processor contract'' to 
replace the term ``written agreement'' with ``written contract.'' The 
term ``written agreement'' has a specific defined meaning in the CCIP 
Basic Provisions that does not apply to a processor contract. This 
change should help avoid confusion with the definition of a ``written 
agreement.''
    FCIC is revising the sub-heading for section 3 to ``Insurance 
Guarantees, Coverage Levels, and Prices'' by removing the phrase ``for 
Determining Indemnities'' at the end. Removing this

[[Page 72361]]

phrase will align the sub-heading to match the corresponding section in 
the CCIP Basic Provisions. It also helps clarify that price is not 
exclusively used to determine indemnities; it is also used to establish 
the guarantee and determine the premium due for the producer.
    FCIC is updating prices and yields in settlement of claim examples, 
so they are more reflective of current values and potential 
indemnities. FCIC is also adding ``not applicable'' next to any steps 
that do not apply to the example. Specifically, steps 3 and 5 in the 
first example are to sum the results of the prior step for each type. 
The example is for a single type and summing the results is not an 
applicable step in the calculation.
    FCIC is removing the phrase ``the provisions of'' or the 
``provisions contained in'' each time they occur to be consistent when 
referring to the CCIP Basic Provisions.
    FCIC is removing the phrase ``the requirements of'' in section 3 to 
be consistent when referring to the CCIP Basic Provisions.
    FCIC is replacing ``FSA farm serial number'' with ``FSA farm 
number,'' because ``FSA farm serial number'' is no longer used. A 
similar change was already implemented in the CCIP Basic Provisions in 
2017 when the definition was changed to remove the word ``serial.''
    The technical edits and corrections to 7 CFR 457.139 Fresh Market 
Tomato (Dollar Plan) Crop Insurance Provisions are:
    FCIC is revising section 11 paragraph (b) to clarify that FCIC will 
not insure the crop due to an excluded cause of loss for any damage, 
not just production losses. Production loss is not defined in the CCIP 
Basic Provisions and could be interpreted as having losses associated 
with a producer's actual production history only. Damage is defined in 
the CCIP Basic Provisions as injury, deterioration, or loss of 
production of the insured crop due to insured or uninsured causes.
    FCIC is removing the phrase ``the provisions of'' each time they 
occur to be consistent when referring to the CCIP Basic Provisions.
    The technical edits and corrections to 7 CFR 457.171 Cabbage Crop 
Insurance Provisions are:
    FCIC is revising the definition of ``crop year'' to remove the 
capitalization of ``year'' so that it matches the definition in CCIP 
Basic Provisions.

Effective Date, Notice and Comment, and Exemptions

    The Administrative Procedure Act (APA, 5 U.S.C. 553) provides that 
the notice and comment and 30-day delay in the effective date 
provisions do not apply when the rule involves specified actions, 
including matters relating to contracts. This rule governs contracts 
for crop insurance policies and therefore falls within that exemption. 
Although not required by APA or any other law, FCIC has chosen to 
request comments on this rule.
    This rule is exempt from the regulatory analysis requirements of 
the Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the 
Small Business Regulatory Enforcement Fairness Act of 1996.
    For major rules, the Congressional Review Act requires a delay the 
effective date of 60 days after publication to allow for Congressional 
review. This rule is not a major rule under the Congressional Review 
Act, as defined by 5 U.S.C. 804(2). Therefore, this final rule is 
effective on the date of publication in the Federal Register.

Executive Orders 12866 and 13563

    Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. The requirements in 
Executive Orders 12866 and 13563 for the analysis of costs and benefits 
apply to rules that are determined to be significant.
    The Office of Management and Budget (OMB) designated this rule as 
not significant under Executive Order 12866. Therefore, OMB has not 
reviewed this rule and analysis of the costs and benefits is not 
required under either Executive Order 12866 or Executive Order 13563.

Clarity of the Regulation

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this rule, we invite your comments on 
how to make the rule easier to understand. For example:
     Are the requirements in the rule clearly stated? Are the 
scope and intent of the rule clear?
     Does the rule contain technical language or jargon that is 
not clear?
     Is the material logically organized?
     Would changing the grouping or order of sections or adding 
headings make the rule easier to understand?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     Would more, but shorter, sections be better? Are there 
specific sections that are too long or confusing?
     What else could we do to make the rule easier to 
understand?

Environmental Review

    In general, the environmental impacts of rules are to be considered 
in a manner consistent with the provisions of the National 
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347) and the 
regulations of the Council on Environmental Quality (40 CFR parts 1500-
1508). FCIC conducts programs and activities that have been determined 
to have no individual or cumulative effect on the human environment. As 
specified in 7 CFR 1b.4, FCIC is categorically excluded from the 
preparation of an Environmental Analysis or Environmental Impact 
Statement unless the FCIC Manager (agency head) determines that an 
action may have a significant environmental effect. The FCIC Manager 
has determined this rule will not have a significant environmental 
effect. Therefore, FCIC will not prepare an environmental assessment or 
environmental impact statement for this action and this rule serves as 
documentation of the programmatic environmental compliance decision.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, ``Civil 
Justice Reform.'' This rule will not preempt State or local laws, 
regulations, or policies unless they represent an irreconcilable 
conflict with this rule. Before any judicial actions may be brought 
regarding the provisions of this rule, the administrative appeal 
provisions of 7 CFR part 11 are to be exhausted.

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

[[Page 72362]]

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.
    RMA 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. The 
regulation changes do not have Tribal implications that preempt Tribal 
law and are not expected have a substantial direct effect on one or 
more Indian Tribes. If a Tribe requests consultation, RMA will work 
with the USDA Office of Tribal Relations to ensure meaningful 
consultation is provided where changes, additions and modifications 
identified in this rule are not expressly mandated by Congress.

The Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 
104-4) requires Federal agencies to assess the effects of their 
regulatory actions of State, local, and Tribal governments or the 
private sector. Agencies generally must prepare a written statement, 
including cost benefits analysis, for proposed and final rules with 
Federal mandates that may result in expenditures of $100 million or 
more in any 1 year for State, local or Tribal governments, in the 
aggregate, or to the private sector. UMRA generally requires agencies 
to consider alternatives and adopt the more cost effective or least 
burdensome alternative that achieves the objectives of the rule. This 
rule contains no Federal mandates, as defined in Title II of 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.

Federal Assistance Program

    The title and number of the Federal Domestic Assistance Program 
listed in the Assistance Listing to which this rule applies is No. 
10.450--Crop Insurance.

Paperwork Reduction Act of 1995

    The purpose of the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35, subchapter I), among other things, are to minimize the 
paperwork burden on individuals, and to require Federal agencies to 
request and receive approval from the Office of Management and Budget 
(OMB) prior to collecting information from ten or more persons. This 
rule does not change the information collection approved by OMB under 
control numbers 0563-0053.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Agencies, offices, and employees, 
and institutions participating in or administering USDA programs are 
prohibited from discriminating based on race, color, national origin, 
religion, sex, gender identity (including gender expression), sexual 
orientation, disability, age, marital status, family or parental 
status, income derived from a public assistance program, political 
beliefs, or reprisal or retaliation for prior civil rights activity, in 
any program or activity conducted or funded by USDA (not all bases 
apply to all programs). Remedies and complaint filing deadlines vary by 
program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (for example, braille, large 
print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or USDA TARGET Center at (202) 720-2600 or (844) 
433-2774 (toll-free nationwide). Additionally, program information may 
be made available in languages other than English. To file a program 
discrimination complaint, complete the USDA Program Discrimination 
Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and at any USDA office 
or write a letter addressed to USDA and provide in the letter all the 
information requested in the form. To request a copy of the complaint 
form, call (866) 632-9992. Submit your completed form or letter to USDA 
by mail to: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 
20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

List of Subjects in 7 CFR Part 457

    Acreage allotments, Crop insurance, Reporting and recordkeeping 
requirements.

    For the reasons discussed above, FCIC amends 7 CFR part 457 as 
follows:

PART 457--COMMON CROP INSURANCE REGULATIONS

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

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

0
2. Amend Sec.  457.101 by:
0
a. Revise the introductory text;
0
b. In section 1, in the definition of ``latest final planting date'', 
redesignate paragraphs (a), (b), and (c) as paragraphs (1), (2), and 
``(3), respectively;
0
c. In section 2:
0
i. In the section heading, remove the period; and
0
ii. In paragraph (a)(3) introductory text, remove the words ``you 
elected enterprise unit'' and add ``you elected an enterprise unit'' in 
their place;
0
d. In section 3:
0
i. Revise the section heading;
0
ii. In paragraph (a), remove the words ``your oats, rye, flax,'' and 
add ``flax'' in their place; and
0
iii. Revise paragraphs (b) introductory text and (b)(1);
0
e. In section 6, in paragraph (d), remove the words ``actuarial table 
provides'' and add ``actuarial documents provide'' in their place;
0
f. In section 9:
0
i. In paragraph (c)(2)(i), remove the words ``oats, flax,'' and add 
``flax'' in their place; and
0
ii. In paragraph (c)(2)(ii), remove the words ``wheat or barley'' and 
add ``barley, oats, or wheat'' in their place;
0
g. In section 11:
0
i. In paragraph (b)(1)(i), remove the word ``barley'' and add the words 
``barley, oats, rye,'' in its place;
0
ii. In paragraph (b)(1)(ii), remove the words ``oats, rye, flax,'' and 
add ``flax'' in their place;
0
iii. In paragraph (b)(1)(iii), remove the word ``barley'' and add 
``barley, oats, rye,'' in its place;
0
iv. In paragraph (b)(3)(i), remove the words ``wheat or barley'' and 
add ``barley, oats, rye, or wheat'' in their place;
0
v. In paragraph (b)(3)(ii), remove the words ``oats, rye, flax,'' and 
add the word ``flax'' in their place;
0
vi. Revise paragraph (b)(6);
0
vii. Revise paragraph (c)(1)(i) introductory text; and
0
viii. In paragraph (c)(1)(iii), remove the cross reference ``in 
accordance with subsection 11.(d)'' and add ``in accordance with 
paragraph (d) of this section'' in its place;
0
ix. In paragraph (d)(2)(i)(A), remove the words ``smutty or ergoty'' 
and add ``smutty, and ergoty'' in their place;
0
x. In paragraphs (d)(2)(i)(B) and (C), remove the words ``garlicky or 
ergoty'' and add ``garlicky, or ergoty'' in their place; and
0
xi. In paragraph (d)(2)(ii), remove the words ``smutty or ergoty'' and 
add ``smutty, and ergoty'' in their place; and
0
h. In section 13, in the section heading, remove the period.
    The revisions and additions read as follows:

[[Page 72363]]

Sec.  457.101  Small grains crop insurance provisions.

    The Small Grains Crop Insurance Provisions for the 2023 and 
succeeding crop years for crops with a contract change date on or after 
November 30, 2022, and for the 2024 and succeeding crop years with a 
contract change date prior to November 30, 2022, are as follows:
* * * * *
    3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (b) Revenue protection is available for barley, oats, rye, and 
wheat. Therefore, if you elect to insure your barley, oats, rye, or 
wheat:
    (1) You must elect to insure your barley, oats, rye, or wheat with 
either revenue protection or yield protection by the sales closing 
date; and
* * * * *
11. Settlement of Claim
* * * * *
    (b) * * *
    (6) Multiplying the result of section 11(b)(5) by your share.
    For example:
    You have 100 percent share in 50 acres of wheat in the unit with a 
production guarantee (per acre) of 45 bushels, your projected price is 
$7.10, your harvest price is $10.90, and your production to count is 
2,000 bushels.
    If you elected yield protection:
    (1) 50 acres x (45-bushel production guarantee x $7.10 projected 
price) = $15,975.00 value of the production guarantee;
    (2) Not applicable;
    (3) 2,000-bushel production to count x $7.10 projected price = 
$14,200.00 value of the production to count;
    (4) Not applicable;
    (5) $15,975.00-$14,200.00 = $1,775.00; and
    (6) $1,775.00 x 1.000 share = $1,775.00 indemnity; or
    If you elected revenue protection:
    (1) 50 acres x (45-bushel production guarantee x $10.90 harvest 
price) = $24,525.00 revenue protection guarantee;
    (2) Not applicable;
    (3) 2,000-bushel production to count x $10.90 harvest price = 
$21,800.00 value of the production to count;
    (4) Not applicable;
    (5) $24,525.00-$21,800.00 = $2,725.00; and
    (6) $2,725.00 x 1.000 share = $2,725.00 indemnity.
    (c) * * *
    (1) * * *
    (i) For flax or buckwheat, and barley, oats, rye, or wheat under 
yield protection, not less than the production guarantee (per acre), 
and for barley, oats, rye, or wheat under revenue protection, not less 
than the amount of production that when multiplied by the harvest price 
equals the revenue protection guarantee (per acre) for acreage:
* * * * *

0
3. Amend Sec.  457.139 by:
0
a. In section 9, in paragraph (a) and paragraph (b) introductory text, 
remove the words ``the provisions of'';
0
b. In section 11:
0
i. Remove the words ``the provisions of'' in paragraph (a) introductory 
text; and
0
ii. Revise paragraph (b) introductory text.
    The revisions read as follows:


Sec.  457.139  Fresh Market Tomato (Dollar Plan) crop insurance 
provisions.

* * * * *
11. Causes of Loss
* * * * *
    (b) In addition to the causes of loss excluded in section 12 of the 
Basic Provisions, we will not insure against any damage or loss of 
production due to:
* * * * *

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4. Amend Sec.  457.154 by:
0
a. Revise the introductory text;
0
b. Remove the undesignated introductory paragraph between ``Processing 
Sweet Corn Crop Provisions'' and Section 1;
0
c. In section 1:
0
i. Revise the definition of ``Good farming practices'';
0
ii. Revise the definition of ``Practical to replant''; and
0
iii. Revise the definition of ``Processor contract'';
0
d. In section 2, in paragraph (a)(2), remove the word ``serial'';
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e. In section 3:
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i. Revise the section heading; and
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ii. In the introductory text, remove the words ``the requirements of'';
0
f. In section 6, remove the words ``the provisions of'';
0
g. In section 8, introductory text, remove the words ``the provisions 
of'';
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h. In section 9:
0
i. In the introductory text, remove the words ``the provisions 
contained in''; and
0
ii. Revise paragraph (d).
0
i. In section 10, introductory text, remove the words ``the provisions 
of'';
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j. In section 11, introductory text, remove the words ``the 
requirements of''; and
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k. In section 12, revise paragraph (b)(7).
    The revisions read as follows:


Sec.  457.154  Processing Sweet Corn crop insurance provisions.

    The Processing Sweet Corn Crop Insurance Provisions for the 2023 
and succeeding crop years are as follows:
* * * * *
1. Definitions
* * * * *
    Good farming practices. In addition to the definition contained in 
the Basic Provisions, cultural practices required by the processor 
contract.
* * * * *
    Practical to replant. In addition to the definition in the Basic 
Provisions, it will not be considered practical to replant unless the 
replanted acreage can produce at least 75 percent of the approved 
yield, and the processor agrees in writing that it will accept the 
production from the replanted acreage.
* * * * *
    Processor contract. (1) A written contract between the producer and 
a processor, containing at a minimum:
    (i) The producer's commitment to plant and grow sweet corn, and to 
deliver the sweet corn production to the processor;
    (ii) The processor's commitment to purchase all the production 
stated in the processor contract; and
    (iii) A base contract price.
    (2) Multiple contracts with the same processor that specify amounts 
of production will be considered as a single processor contract, unless 
the contracts are for different types. Your base contract price will be 
the weighted average of all applicable base contract prices.
* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
9. Insurance Period
* * * * *
    (d) The end of insurance date specified in the Special Provisions 
or otherwise allowed by written agreement.
* * * * *
12. Settlement of Claim
* * * * *
    (b) * * *
    (7) Multiplying the result of section 12(b)(6) by your share.
    For example:
    You have a 100 percent share in 100 acres of type A processing 
sweet corn in the unit, with a guarantee of 6.0 tons per acre and a 
price election of $100.00 per ton. You are only able to harvest 200 
tons. Your indemnity would be calculated as follows:

[[Page 72364]]

    (1) 100 acres x 6.0 tons = 600 tons guarantee;
    (2) 600 tons x $100.00 price election = $60,000.00 value of 
guarantee;
    (3) Not applicable;
    (4) 200 tons x $100.00 price election = $20,000.00 value of 
production to count;
    (5) Not applicable;
    (6) $60,000.00-$20,000.00 = $40,000.00 loss; and
    (7) $40,000.00 x 100 percent = $40,000.00 indemnity payment.
    You also have a 100 percent share in 100 acres of type B processing 
sweet corn in the same unit, with a guarantee of 60 tons per acre and a 
price election of $90.00 per ton. You are only able to harvest 350 
tons. Your total indemnity for both types A and B would be calculated 
as follows:
    (1) 100 acres x 6.0 tons = 600 tons guarantee for type A, and 100 
acres x 6.0 tons = 600 tons guarantee for type B;
    (2) 600 tons x $100.00 price election = $60,000.00 value of 
guarantee for type A, and 600 tons x $90.00 price election = $54,000.00 
value of guarantee for type B;
    (3) $60,000.00 + $54,000.00 = $114,000.00 total value of guarantee;
    (4) 200 tons x $100.00 price election = $20,000.00 value of 
production to count for type A, and 350 tons x $90.00 price election = 
$31,500.00 value of production to count for type B;
    (5) $20,000.00 + $31,500.00 = $51,500.00 total value of production 
to count;
    (6) $114,000.00-$51,500.00 = $62,500.00 loss; and
    (7) $62,500.00 loss x 100 percent = $62,500.00 indemnity payment.

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5. Amend Sec.  457.171, in section 1, by removing the definition of 
``Crop Year'' and adding a definition for ``Crop year'' in its place to 
read as follows:


Sec.  457.171  Cabbage crop insurance provisions.

* * * * *
1. Definitions
* * * * *
    Crop year. In lieu of the definition contained in section 1 of the 
Basic Provisions, a period of time that begins on the first day of the 
earliest planting period and continues through the last day of the 
insurance period for the latest planting period. The crop year is 
designated by the calendar year in which the cabbage planted in the 
latest planting period is normally harvested.
* * * * *

Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2022-25529 Filed 11-23-22; 8:45 am]
BILLING CODE 3410-08-P