[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59789-59790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18689]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / 
Rules and Regulations  

[[Page 59789]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

[Docket ID FCIC-23-0004]
RIN 0563-AC83


Actual Production History (APH) and Other Crop Insurance 
Transparency; Corrections

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

ACTION: Correcting amendment.

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

SUMMARY: On June 29, 2023, the Federal Crop Insurance Corporation 
revised the Area Risk Protection Insurance (ARPI) Regulations, Common 
Crop Insurance Policy (CCIP) Basic Provisions, and the General 
Administrative Regulations. In reviewing the changes made, FCIC found 
some incorrect references and conflicting provisions that were not 
updated to accurately incorporate the changes, and a grammatical error 
was included in the amendatory instructions. This document makes the 
corrections.

DATES: Effective August 30, 2023.

FOR FURTHER INFORMATION CONTACT: Francie Tolle; telephone (816) 926-
7730; email [email protected]. Persons with disabilities who 
require alternative means of communication should contact the USDA 
Target Center at (202) 720-2600 or 844-433-2774.

SUPPLEMENTARY INFORMATION:

Background

    The Common Crop Insurance Regulations in 7 CFR part 457 were 
revised by a final rule with request for comments published in the 
Federal Register on June 29, 2023 (88 FR 42015-42026). Changes were 
made in that rule to the Area Risk Protection Insurance (ARPI) Basic 
Provisions (7 CFR part 407), Common Crop Insurance Policy (CCIP) Basic 
Provisions (7 CFR 457.8), and the General Administrative Regulations in 
subpart G of part 400 (Actual Production History) (7 CFR 400.51 through 
400.56). The rule moved existing regulatory language from 7 CFR part 
400 (subpart G) into the CCIP Basic Provisions and obsoleted subpart G. 
Since the publication of the rule, FCIC has identified several 
references to subpart G that need correction to refer to CCIP Basic 
Provisions. Additionally, the rule revised production reporting 
requirements for producers to report ``current'' year production rather 
than ``previous'' year production. Since the publication of the rule, 
FCIC has found similar references to ``previous'' year production in 
various Crop Provisions that need to be corrected to ``current'' year 
for consistency with changes made in the rule. Lastly, the final rule 
allowed for enterprise units and whole farm units to be identified by 
the actuarial documents. FCIC has identified conflicting provisions 
that need to be updated. This document makes the corrections in the 
following Provisions:
     Common Crop Insurance Policy Basic Provisions (7 CFR 
457.8);
     Texas Citrus Fruit Crop Insurance Provisions (7 CFR 
457.119);
     Arizona-California Citrus Crop Insurance Provisions (7 CFR 
457.121);
     Macadamia Nut Crop Insurance Provisions (7 CFR 457.131); 
and
     California Avocado Crop Insurance Provisions (7 CFR 
457.175).

List of Subjects in 7 CFR Part 457

    Acreage allotments, Crop insurance, Reporting and recordkeeping 
requirements.

    Accordingly, 7 CFR part 457 is corrected by making the following 
amendments:

PART 457--COMMON CROP INSURANCE REGULATIONS

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

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


0
2. In Sec.  457.8 in the ``Common Crop Insurance Policy'':
0
a. In section 3, in paragraph (f)(1) introductory text, remove the 
words ``specified in the Special Provisions'' and add ``specified in 
the Crop Provisions or Special Provisions'' in their place;
0
b. In section 21, in paragraph (f)(1), remove the words ``section 
3(f)(1) and 7 CFR part 400, subpart G'' and add ``section 3(f)(1) and 
section 5'' in their place;
0
c. In section 22, in paragraph (a) introductory text, remove the words 
``(For example'' and add ``(for example'' in their place; and
0
d. In section 34:
0
i. Revise paragraph (a)(2)(iii);
0
ii. In paragraph (a)(3)(i)(A)(1), remove the words ``Special 
Provisions'' and add ``actuarial documents'' in their place; and
0
iii. In paragraph (a)(3)(v) introductory text, remove the words ``, 
even though you elected revenue protection for all your crops''.
    The revision reads as follows:


Sec.  457.8   The application and policy.

* * * * *

Common Crop Insurance Policy

* * * * *
34. Units
    (a) * * *
    (2) * * *
    (iii) Enterprise units must be allowed by the actuarial documents;
* * * * *

0
3. In Sec.  457.119 in the ``Texas Citrus Fruit Crop Provisions'' in 
section 3, revise paragraphs (f) and (g) to read as follows:


Sec.  457.119   Texas citrus fruit crop insurance provisions.

* * * * *
0
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (f) Your approved yield will be determined in accordance with 
sections 3 and 5 of the Basic Provisions.
    (g) Instead of reporting your production for the current crop year, 
as required by section 3(f)(1) of the Basic Provisions, there is a lag 
year and you are required to report production from two crop years ago 
by the production reporting date, e.g., 2023 crop year production must 
be reported by the production reporting date for the 2025 crop year.
* * * * *

0
4. In Sec.  457.121 in the ``Arizona-California Citrus Crop 
Provisions'' in section 3 revise paragraph (b) to read as follows:

[[Page 59790]]

Sec.  457.121   Arizona-California citrus crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (b) Instead of reporting your production of marketable fresh fruit 
for the current crop year, as required by section 3(f)(1) of the Basic 
Provisions, there is a lag year and you are required to report 
production from two crop years ago by the production reporting date, 
e.g., 2023 crop year production must be reported by the production 
reporting date for the 2025 crop year.
* * * * *

0
5. In Sec.  457.131 in the ``Macadamia Nut Crop Provisions'', section 
3:
0
i. In paragraph (c), remove the words ``The yield used to compute your 
production guarantee will be determined in accordance with Actual 
Production History (APH) regulations, 7 CFR part 400, subpart G, and 
applicable policy provisions'' and add ``Your approved yield will be 
determined in accordance with sections 3 and 5 of the Basic 
Provisions'' in their place; and
0
ii. Revise paragraph (d).
    The revision reads as follows:


Sec.  457.131   Macadamia nut crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (d) Instead of reporting your production for the current crop year, 
as required by section 3(f)(1) of the Basic Provisions, there is a lag 
year and you are required to report production from two crop years ago 
by the production reporting date, e.g., 2023 crop year production must 
be reported by the production reporting date for the 2025 crop year.
* * * * *

0
6. In Sec.  457.175, in the ``California Avocado Crop Provisions'', in 
section 3, revise paragraph (e) and the last two sentences of paragraph 
(f)(2) to read as follows:


Sec.  457.175   California avocado crop insurance provisions.

* * * * *
3. Insurance Guarantees, Coverage Levels, and Prices
* * * * *
    (e) Instead of reporting your production for the current crop year 
as required by section 3(f)(1) of the Basic Provisions, you are 
required to report the production for the crop year that ended on the 
October 31 immediately preceding the cancellation date, e.g., 2023 crop 
year production must be reported by the production reporting date for 
the 2025 crop year.
    (f) * * *
    (2) * * * The percentages will be those described in sections 3 and 
5 of the Basic Provisions. All other provisions of sections 3 and 5 of 
the Basic Provisions apply.
* * * * *

Marcia Bunger,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2023-18689 Filed 8-29-23; 8:45 am]
BILLING CODE 3410-08-P