Crop Insurance Reporting and Other Changes (CIROC); Corrections – InsuranceNewsNet

Corrective fix.

CFR Part: “7 CFR Part 457”

RIN number: “RIN 0563-AC79”

Citation: “87 FR 52852”

Docket Number: “Docket Number FCIC-22-0004”

Page number: “52852”

“Rules and Regulations”

agency: “Federal Crop Insurance Corporation, US Department of Agriculture (USDA).”

SUMMARY: Incl June 30, 2022on Federal Crop Insurance Corporation revised Risk area protection insurance (ARPI) Regulations, Basic Provisions of Common Crop Insurance Policy (CCIP) and 20 Crop Regulations. This final rule contained some incorrect references, missing words, grammatical and spelling errors, repeated parenthetical headings, and inadvertently removed text in the remedial instructions. This document makes the corrections.

DATES: Effective August 30, 2022.

FOR MORE INFORMATION CONTACTS: 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.


Background The crop general insurance provisions at 7 CFR part 457 were revised from a final rule with a request for comments published in Federal Register On June 30, 2022 (87 FR 38883-38900). Changes were made to this rule to Risk area protection insurance (ARPI) Basic Provisions (7 CFR Part 407), Common Crop Insurance Policy (CCIP) Basic Provisions (7 CFR 457.8), and 20 Crop Regulations. In reviewing the changes made, FCIC found some incorrect references, missing words, grammatical and spelling errors, repeated parenthetical headings, and unintentionally missing text that was included in the corrective instructions. This document makes corrections to the following provisions:

* Basic Provisions of the General Crop Insurance Policy (7 CFR 457.8)

* Pear crop insurance regulations (7 CFR 457.111);

* Guaranteed Fresh Market Tomato Production Plan (7 CFR 457.128);

* Macadamia crop insurance regulations (7 CFR 457.131);

* Onion crop insurance provisions (7 CFR 457.135);

* Crop insurance provisions in dollar plan for fresh tomatoes (7 CFR 457.139);

* Dessert grape crop insurance regulations (7 CFR 457.149);

* Pecan crop insurance regulations (7 CFR 457.167);

* Cabbage crop insurance regulations (7 CFR 457.171);

* Florida Avocado Crop Insurance Regulations (7 CFR 457.173); and

*California Avocado Crop Insurance Regulations (7 CFR 457.175).

List of topics in 7 CFR part 457 Acreage allocation, crop insurance, reporting and recordkeeping requirements.

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


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

Authority: 7 USC 1506(l), 1506(o).

2. Modify SEC 457.8 in the “General Crop Insurance Policy” by:

a. In section 20, revising paragraph (d)(1);

b. In section 25, in paragraph (a)(1), removing the words “significant” and adding “substantial” in their place; and

° C. In section 38, in paragraph (b)(2), removing “3(g)” and adding “section 3(g)” in its place.

The revision reads as follows:

SEC 457.8 Application and policy.


General crop insurance policy


20. Mediation, Arbitration, Appeal, Revision, and Administrative and Judicial Review


(e) * * *

(1) We will make decisions about what constitutes good agricultural practice and the determination of commissioned production for non-insured reasons for your failure to use good agricultural practice.

(i) If you do not agree with our determination of the amount of Awarded Production, you must use the arbitration or mediation process contained in this section.

(ii) If you disagree with our decision about what constitutes good agricultural practice, you can request through us that the FCIC reconsider our decision. FCIC review requests must be made within 30 days of the date of the postmark on the written notice of the GMP decision.

(iii) You may not sue us for our determinations as to whether good agricultural practices have been used by you. You should seek a ruling from the FCIC as to what constitutes good agricultural practice before filing a lawsuit against the FCIC.


SEC 457.111[Amended]

3. C SEC 457.111, in “Pear Crop Regulations,” amended section 13 by:

a. In the introductory paragraph, removing the phrase “Insureds who choose this option cannot receive” and adding “If you choose this option, you cannot receive” in its place; and

b. In paragraph (a), item 4, removing the word “elected” and adding “elected” in its place.

SEC 457.128[Amended]

4. Modify SEC 457.128 in “Guaranteed Production Plan for Fresh Tomato Crop Insurance Provisions” by:

a. In section 3, introductory text, removing the bracketed phrase “(Insurance guarantees, coverage levels, and rates)”;

b. In section 4, removing the bracketed phrase “(Changes to Agreement)”;

° C. In the introductory text of section 5, removing the bracketed phrase “(Policy Term, Cancellation and Termination)”;

e. In section 6, removing the bracketed phrase “(Area Report)” where it appears;

e. In section 8 introductory text, removing the bracketed phrase “(Insured crop)”;

f. In section 9, removing the bracketed phrase “(Insurable area)” where it appears;

g. In section 10:

i. In the introductory text, remove the bracketed phrase “(Insurance Period)”; and

ii. In paragraph (b)(7), removing the word “states” and adding “states” in its place;

h. In section 11, removing the bracketed phrase “(Causes of loss)” where it appears; and

i. In section 12, removing the bracketed phrase “(Replantation Payment)” where it appears.

SEC 457.131[Amended]

5. C SEC 457.131, in “Macadamia crop regulations,” in section 1, in the definition of “planted,” remove the word “agricultural commodities” and insert “crops” in its place.

SEC 457.135[Amended]

6. C SEC 457.135, in “Onion crop provisions,” in section 3, in paragraph (a), remove the phrase “specified in the actuarial documents” and add “specified in the special regulations” in its place.

7. C SEC 457.139, in “Regulations for Growing Fresh Tomatoes (Plan Dollars)”, amended section 16 by:

a. In subparagraph (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).

The revision reads as follows:

SEC 457.139 Provisions for fresh tomato crop insurance (dollar plan).


Provisions for fresh tomatoes (dollar plan).


16. Minimum Value Option


(°C) * * *


* * * * * * *                                                                                                                                                                                         

16(b)(1)                                                          500 cartons x $ 2 = value of sold production ( $ 6 price         1,000                                                             
                                                                  received minus $ 4.25 allowable costs = $ 1.75. The $ 2.00                                                                          
                                                                  minimum value option price is greater than $ 1.75)                                                                                  
* * * * * * *                                                                                                                                                                                         

SEC 457.149[Amended]

8. Modify SEC 457.149 in “Dessert Grape Provisions” by:

a. In section 3, in paragraph (b), removing the phrase “have the same percentage ratio” and adding “have the same percentage ratio” in its place; and

b. In section 11, in paragraph (c), removing the words “meets the requirements” and adding “meets the requirements” in their place.

SEC 457.167[Amended]

9. C SEC 457.167, in “The pecan crop insurance regulations,” in section 4, in paragraph (b), remove the words “website” and add “website” in its place.

SEC 457.173[Amended]

10. V SEC 457.173, in “Florida avocado crop insurance regulations”, in section 8, in paragraph (a)(3)(i), remove the words “varieties of” and add “varieties and intermediate varieties of” in their place.

SEC 457.175[Amended]

11. V SEC 457.175, in “California avocado harvest regulations,” in section 11, in paragraph (b)(2), remove “11(c)” and add “11(c))” in its place.

Marcia Bunger,

manager, Federal Crop Insurance Corporation.

[FR Doc. 2022-18595 Filed 8-29-22; 8:45 am]


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