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Published Document: 2022-18595 (87 FR 52852)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Federal Crop Insurance Corporation, U.S. Department of Agriculture (USDA).
ACTION:
Correcting amendment.
SUMMARY:
On June 30, 2022, the Federal Crop Insurance Corporation revised the Area Risk Protection Insurance (ARPI) Regulations, Common Crop Insurance Policy (CCIP) Basic Provisions, and 20
( printed page 52853)
Crop Provisions. That final rule contained some incorrect references, missing words, grammatical and spelling errors, repetitive parenthetical titles, and inadvertently removed text in the amendatory instructions. This document makes the corrections.
DATES:
Effective August 30, 2022.
FOR FURTHER INFORMATION CONTACT:
Francie Tolle; telephone (816) 926-7730; email
francie.tolle@usda.gov.
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 30, 2022 (87 FR 38883-38900). 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 20 Crop Provisions. In reviewing the changes made, FCIC found some incorrect references, missing words, grammatical and spelling errors, repetitive parenthetical titles, and inadvertently missing text that was included in the amendatory instructions. This document makes the corrections in the following Provisions:
Common Crop Insurance Policy Basic Provisions (7 CFR 457.8)
20. Mediation, Arbitration, Appeal, Reconsideration, and Administrative and Judicial Review
* * * * *
(d) * * *
(1) We will make decisions regarding what constitutes a good farming practice and determinations of assigned production for uninsured causes for your failure to use good farming practices.
(i) If you disagree with our determination of the amount of assigned production, you must use the arbitration or mediation process contained in this section.
(ii) If you disagree with our decision of what constitutes a good farming practice you may request through us that FCIC review our decision. Requests for FCIC review must be made within 30 days of the postmark date on the written notice of the determination regarding good farming practices.
(iii) You may not sue us for our decisions regarding whether good farming practices were used by you. You must request a determination from FCIC of what constitutes a good farming practice before filing any suit against FCIC.
3. In § 457.111, in the “Pear Crop Provisions”, amend section 13 by:
a. In the introductory paragraph, removing the phrase “Insured who select this option cannot receive” and adding “If you select this option, you cannot receive” in its place; and
b. In paragraph (a)(4), removing the word “elect” and adding “elected” in its place.
5. In § 457.131, in the “Macadamia Nut Crop Provisions”, in section 1, in the definition of “Interplanted”, remove the word “agricultural commodities” and add “crops” in its place.
6. In § 457.135, in the “Onion Crop Provisions”, in section 3, in paragraph (a), remove the phrase “designated in the actuarial documents” and add “designated in the Special Provisions” in its place.
7. In § 457.139, in the “Fresh market tomato (dollar plan) crop provisions”, amend section 16 by:
a. In paragraph (b) introductory text, removing the word “section” and adding “sections” in its place; and
b. In the table in paragraph (c), revising the entry for 16(b)(1).
500 cartons × $2 = value of sold production ($6 price received minus $4.25 allowable costs = $1.75. The $2.00 minimum value option price is greater than $1.75)
8. Amend § 457.149 in the “Table Grape Crop Provisions” by:
a. In section 3, in paragraph (b), removing the phrase “have same percentage relationship” and adding “have the same percentage relationship” in its place; and
b. In section 11, in paragraph (c), removing the words “meet requirements” and adding “meet the requirements” in their place.
9. In § 457.167, in the “Pecan Revenue Crop Insurance Provisions”, in section 4, in paragraph (b), remove the words “Web site” and add “website” in its place.
10. In § 457.173, in the “Florida Avocado Crop Insurance Provisions”, in section 8, in paragraph (a)(3)(i), remove the words “varieties of” and add “varieties and mid varieties of” in their place.