Sweet Corn Insurance Regulations; and Common Crop Insurance Regulations, Processing Sweet Corn Crop Insurance Provisions

Federal RegisterDec 12, 1997

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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 437 and 457

Sweet Corn Insurance Regulations; and Common Crop Insurance

Regulations, Processing Sweet Corn Crop Insurance Provisions

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes

specific crop provisions for the insurance of processing sweet corn.

The provisions will be used in conjunction with the Common Crop

Insurance Policy Basic Provisions, which contain standard terms and

conditions common to most crops. The intended effect of this action is

to provide policy changes to better meet the needs of the insured,

include the current sweet corn crop insurance regulations with the

Common Crop Insurance Policy for ease of use and consistency of terms,

and to restrict the effect of the current sweet corn crop insurance

regulations to the 1997 and prior crop years.

DATES: Effective December 12, 1997.

FOR FURTHER INFORMATION CONTACT: Stephen Hoy, Insurance Management

Specialist, Research and Development, Product Development Division,

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

The Office of Management and Budget (OMB) has determined this rule

to be exempt for the purposes of Executive Order No. 12866, and,

therefore, this rule has not been reviewed by OMB.

Paperwork Reduction Act of 1995

Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507),

those collections of information have been approved by the Office of

Management and Budget (OMB) under control number 0563-0053.

Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.

L. 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. Therefore,

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 economic impact on a

substantial number of small entities. The amount of work required of

insurance companies will not increase because the information used to

determine eligibility is already maintained at their office and the

other information required is already being gathered as a result of the

present policy. No additional actions are required as a result of this

action on the part of either the producer or the reinsured company.

Additionally, the regulation does not require any action on the part of

the small entities than is required on the part of the large entities.

Therefore, this action is determined to be exempt from the provisions

of the Regulatory Flexibility Act (5 U.S.C. 605), and no Regulatory

Flexibility Analysis was prepared.

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. 12988

This final rule has been reviewed in accordance with Executive

Order No. 12988 on civil justice reform. The provisions of this rule

will not have a retroactive effect. 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 part 11 must be

[[Page 65339]]

exhausted before action against FCIC for judicial review may be

brought.

Environmental Evaluation

This action is not expected to have a 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

On Thursday, May 1, 1997, FCIC published a proposed rule in the

Federal Register at 62 FR 23690-23695 to add to the Common Crop

Insurance Regulations (7 CFR part 457), a new section, 7 CFR 457.154,

Processing Sweet Corn Crop Insurance Provisions. The new provisions

will be effective for the 1998 and succeeding crop years. These

provisions will replace and supersede the current provisions for

insuring sweet corn found at 7 CFR part 437 (Sweet Corn Crop Insurance

Regulations). FCIC also amends 7 CFR part 437 to limit its effect to

the 1997 and prior crop years.

Following publication of the proposed rule, the public was afforded

30 days to submit written comments, data, and opinions. A total of 30

comments were received from an insurance service organization, a

reinsured company, and a crop insurance agent. The comments received

and FCIC's responses are as follows:

Comment: An insurance service organization recommended that several

definitions common to most crops be put into the Basic Provisions.

Response: The Basic Provisions include definitions of commonly used

terms, and we have revised this rule to remove the definitions of

``approved yield,'' ``days,'' ``FSA,'' ``final planting date,''

``interplanted,'' ``irrigated practice,'' ``production guarantee (per

acre),'' ``replanting,'' ``timely planted,'' and ``written agreement.''

The definition of ``planted acreage'' is amended to remove language

that is contained in the Basic Provisions.

Comment: An insurance service organization recommended that the

sentence in the definition of ``bypassed acreage'' that states

``Bypassed acreage on which an indemnity is payable will be considered

to have a zero yield for Actual Production History (APH) purposes'' be

deleted since it is addressed elsewhere and does not belong in the

definition.

Response: FCIC has deleted, as unnecessary, the second sentence of

the definition of bypassed acreage. A provision addressing when acreage

will be considered to have a zero yield for APH purposes is included in

section 3 (Insurance Guarantees, Coverage Levels, and Prices for

Determining Indemnities).

Comment: An insurance service organization and a reinsured company

expressed concern with the definition of ``good farming practices''

which makes reference to ``cultural practices generally in use in the

county * * * recognized by the Cooperative State Research, Education,

and Extension Service as compatible with agronomic and weather

conditions in the county.'' The commenters questioned whether cultural

practices that are not explicitly recognized (or possibly known) by the

Cooperative State Research, Education, and Extension Service might

exist. The commenters indicated that the term ``county'' in the

definition of ``good farming practice'' should be changed to ``area.''

The insurance service organization also recommended adding the word

``generally'' before ``recognized by the Cooperative State Research,

Education, and Extension Service * * *''

Response: The Cooperative State Research, Education, and Extension

Service (CSREES) recognizes farming practices that are considered

acceptable for producing sweet corn. If a producer is following

practices currently not recognized as acceptable by CSREES, such

recognition can be sought by interested parties. Use of the term

``generally'' will only create an ambiguity and make the definition

more difficult to administer. Although the cultural practices

recognized by CSREES may only pertain to specific areas within a

county, the actuarial documents are on a county basis. Therefore, no

change has been made.

Comment: An insurance service organization recommended that the

definition of ``replanting'' be clarified by inserting ``sweet corn''

between the last two words (``successful'' and ``crop'') of the

sentence.

Response: This definition is contained in the Basic Provisions, and

is, therefore, removed from these crop provisions.

Comment: An insurance service organization recommended that section

2(b) of the proposed rule clarify whether optional units are available

if the processor contract stipulates the number of contracted acres, or

only if the contract does not specify an amount of production.

Response: FCIC agrees and has amended section 2 to specify that for

processor contracts that stipulate a specific amount of production to

be delivered, the basic unit will consist of all the acreage planted to

the insured crop in the county that will be used to fulfill contracts

with each processor, and optional units will not be established for

production based processor contracts. The language in section 2 has

also been revised and reformatted to clearly state the requirements for

both the acreage-based and production-based processor contracts. In

addition, language in this section that is common with other crop

provisions has been removed since it is contained in the Basic

Provisions.

Comment: An insurance service organization questioned whether

verification of production from an optional unit using ``measurement of

stored production,'' as specified in section 2(e)(3) of the proposed

rule applies to processing sweet corn.

Response: Sweet corn is not put into storage before processing.

Therefore, FCIC has removed this provision.

Comment: An insurance service organization recommended removal of

the opening phrase in section 2(e)(4)(ii) of the proposed rule that

states ``In addition to, or instead of, establishing optional units by

section, section equivalent, or FSA Farm Serial Number, * * *'' since

section 2(e)(4) of the proposed rule specifies that ``Each optional

unit must meet one or more of the following criteria, * * *''

Response: The unit division provisions for any processor contract

that stipulates the number of acres to be planted have been removed

from these provisions, since the provisions are contained in the Basic

Provisions.

Comment: An insurance service organization stated that the language

in section 3(a), which provides guidelines for selection of price

elections, should be moved to the Basic Provisions.

Response: The requirement that the price election (for each type,

varietal group, etc.) have the same percentage relationship to the

maximum price does not apply to all crop policies. Therefore, section 3

should not be part of the Basic Provisions.

Comment: An insurance service organization questioned whether the

sentence ``Any other measured production will be converted to an

unhusked ear weight equivalent'' is needed in section 3(b) since it is

stated in section 12(c)(2).

Response: Section 3(b) addresses the insurance guarantee while

section

[[Page 65340]]

12(c)(2) addresses production to count. The provisions clarify that

both are expressed as unhusked ear weight, and any other measured

production will be converted to unhusked ear weight. Therefore, no

change has been made.

Comment: An insurance service organization stated that requiring

the producer to provide a copy of the processor contract no later than

the acreage reporting date could provide a loophole by allowing

producers to wait until acreage reporting time to decide if they want

coverage.

Response: There is no evidence that allowing the producer to

provide a copy of the processor contract as late as the acreage

reporting date has resulted in producers waiting to decide until the

acreage reporting date if they want coverage. Sweet corn producers

usually have a processor contract in-force by the final planting date.

The requirement to provide a copy of the processor contract with the

acreage report is convenient for the producer. Therefore, no change has

been made.

Comment: An insurance service organization questioned whether any

processor contract would allow interplanted sweet corn or sweet corn

planted into an established grass or legume. The commenter further

indicated that consideration should be given to inserting the language

in section 7(a)(4) of the proposed rule into the Basic Provisions.

Response: FCIC agrees that processing sweet corn has seldom, if

ever, been interplanted with another crop or planted into an

established grass or legume. However, production practices are

constantly evolving. FCIC chooses to retain the provisions of section

7(a)(3) of the final rule to accommodate such developments if they

should occur. In addition, the interplanted language is not consistent

among the crop policies and, therefore, will be retained in the crop

provisions.

Comment: An insurance service organization indicated that language

in section 7(b) that states ``You will be considered to have a share in

the insured crop if, under the processor contract, you retain

possession of the acreage on which the sweet corn is grown * * *''

suggests that only a landlord would have a share in the insured crop.

The commenter questioned whether the provision in section 7(b) is

already covered in sections 7(a)(1) and (3) of the proposed rule.

Response: The language in section 7(b) was intended to cover

producers who have a crop share agreement, rent, or own acreage. The

word ``possession'' has been changed to ``control'' for clarification.

Section 7(a) specifies requirements for insurance coverage on the crop,

while section 7(b) specifies requirements for an insurable share in the

crop. Therefore, both provisions are necessary.

Comment: An insurance service organization and a reinsured company

questioned whether the provision in section 9(b), which states that the

insurance period ceases on the date sufficient production is harvested

to fulfill the producer's processor contract, conflicts with the

provision in section 12(a) that states ``We will determine your loss on

a unit basis.'' The commenters questioned whether production to count

from an appraisal prior to harvest would be included when determining

fulfillment of the processor contract. The insurance service

organization questioned whether the insured would know when enough

production is harvested to fulfill the processor contract. This

commenter asked if production exceeding the contracted amount is

considered production to count for APH or loss adjustment or whether

the processor settlement sheet is the only acceptable record. The

insurance service organization suggested that the provisions in section

9(b) state ``* * * the insurance period ends when the production

delivered to the processor equals the amount of production stated in

the sweet corn contract.'' However, the commenter also questioned

whether ``delivered to'' is the same as ``accepted by'' the processor.

Response: Section 9(b) does not conflict with section 12(a). For

processor contracts based on a stated amount of production, FCIC is

only insuring the contract amount, and the producer can only obtain a

basic unit by processor contract. Therefore, once the contract is

fulfilled, insurance ceases on the unit and there is no payable loss.

If the contract is not fulfilled and there is still unharvested

production, any insurable cause of loss is covered. With respect to the

issue of production from appraised acreage, such production will not

count toward fulfillment of the processor contract, although it will be

used to determine production to count for the unit or the producer's

approved yield if the acreage is not bypassed due to an insurable cause

of loss that renders such production unacceptable to the processor.

With respect to whether the producer will know when the processor

contract is fulfilled, records are kept as production is delivered to

the processor. Therefore, the producer can determine when the contract

is fulfilled. All production from the unit, including any excess of the

amount stated in the contract, will be considered as production to

count when determining the producer's approved yield. For the purposes

of loss adjustment, the amount shown on the settlement sheet, plus any

appraised production that was not bypassed due to an insurable cause

that rendered the production unacceptable to the processor, will be

included as production to count. FCIC has revised section 9(b) to

clarify that insurance ceases when the contract is fulfilled if the

processor contract stipulates a specific amount of production.

Comment: An insurance service organization questioned the provision

in section 10(a)(4), which states that insurance is provided against

``Plant disease on acreage not planted to sweet corn the previous crop

year * * *.'' The commenter assumed this would apply even if a rotation

requirement was not specified in the Special Provisions.

Response: FCIC agrees that if a rotation requirement is not

specified in the Special Provisions, insurance coverage should be

provided against plant disease if sweet corn was planted the previous

crop year. Section 10(a)(4) has been revised accordingly.

Comment: An insurance service organization suggested changing the

wording in section 10(a)(8) to eliminate the reference to 10(a)(1)

through (7) and state ``Failure of the irrigation water supply, if due

to an insured cause of loss.''

Response: Referencing 10(a)(1) through (7) makes it clear that

failure of the irrigation water supply must be due to these specific

causes of loss. Therefore, no change has been made.

Comment: An insurance service organization questioned how the

provision in section 10(b)(1)(ii), which states that insurance coverage

is not provided if acreage is bypassed based on the availability of a

crop insurance payment, is to be enforced.

Response: The adjuster should be able to make this determination

based on various factors such as if a harvest pattern exists that

clearly indicates the processor is bypassing producers with crop

insurance coverage in favor of producers without crop insurance even

though the quality of the crop is similar. Language has been added to

state that an indemnity will be denied or have to be repaid if it is

determined that bypassed acreage was due to the availability of a crop

insurance payment.

Comment: An insurance service organization questioned a discrepancy

between section 9(b) of the proposed rule, which states that insurance

ceases on ``The date you harvest sufficient production to fulfill your

processor

[[Page 65341]]

contract,'' and section 10(b)(5) of the proposed rule, which states

that loss of production will not be insured if ``Due to damage that

occurs to unharvested production after you deliver the production

required by the processor contract.'' The commenter indicated that this

provision is not necessary since any damage occurring after delivery

would be outside the insurance period as indicated in section 9(b).

Response: FCIC agrees and has deleted section 10(b)(5).

Comment: An insurance service organization stated that the language

in section 11(c) does not address timely notice if damage is discovered

less than 15 days prior to harvest.

Response: FCIC agrees and has revised section 11(c) to clarify that

an immediate notice of loss is required if damage is discovered within

15 days prior to harvest or during harvest.

Comment: An insurance service organization stated that section

12(b), which explains how a claim is settled, is too wordy and

difficult to follow.

Response: This section has been revised to clarify the settlement

of claims calculation, including the addition of an example.

Comment: An insurance service organization indicated that payments

by the processor for bypassed acreage should be considered to have

value to count as is done with salvaged grains.

Response: There is nothing in this policy which precludes a

producer from obtaining any other form of insurance against losses as

long as such insurance is not under the Federal Crop Insurance Act.

Since the producer contributes to the unharvested acreage pool, such

payment will not be considered when determining production to count.

Comment: An insurance service organization stated that section

12(c)(1)(iii) of the proposed rule should not allow the insured to

defer settlement and wait for a later, generally lower, appraisal,

especially on crops that have a short ``shelf life.''

Response: A later appraisal will only be necessary if the company

and the insured do not agree on the appraisal or if the company

believes that the crop needs to be carried further. The producer must

continue to care for the crop in accordance with recognized good

farming practices for the crop. If the producer does not continue to

care for the crop, the original appraisal will be used. Therefore, no

change has been made.

Comment: An insurance service organization commented on section

12(c)(2) of the proposed rule which includes the statement ``* * *

production will be determined by dividing the dollar amount as required

by the contract for the quality and quantity of sweet corn delivered to

the processor by the base contract price per ton.'' The commenter did

not oppose this method but requested to know why it was used to

determine production to count.

Response: FCIC has revised section 12(c)(2) to specify that

production to count of harvested sweet corn should be determined from

the usable tons specified on the processor settlement sheet. In

addition, FCIC has amended the language in section 12(c) to clarify

that, in the absence of a processor settlement sheet, production to

count is determined by dividing the dollar amount paid, payable, or

which should have been paid under the terms of the processor contract

for the quantity of sweet corn delivered to the processor by the base

contract price per ton. Since premiums or discounts for quality are not

normally included in processor contracts for sweet corn, the term

``quality'' was removed from this provision.

Comment: A crop insurance agent stated that late planting

provisions should be available for processing sweet corn since some

sweet corn is planted late in most years. The insurance agent stated

that late planting provisions will not affect the processor's ability

to timely harvest and process the sweet corn. A reinsured company asked

if provisions will be available for late and prevented planting. An

insurance service organization expressed support for eliminating the

late planting option and asked if prevented planting would be

available.

Response: FCIC agrees that a late planting period for processing

sweet corn may be appropriate for some growing areas. Therefore,

section 13 is revised to provide a late planting period if allowed by

the Special Provisions and if the producer provides written approval

from the processor by the acreage reporting date that it will accept

the production from the late planted acreage. Section 14 provides a

prevented planting coverage of 40 percent of the producers production

guarantee for timely planted acreage. If the producer has limited or

additional coverage and pays an additional premium, the prevented

planting coverage may be increased to the levels specified in the

actuarial documents.

Comment: An insurance service organization and a reinsured company

recommended removal of the requirement that written agreements be

renewed each year if there are no significant changes to the farming

operation. The insurance service organization stated that section 14(d)

should perhaps refer to the date specified in the agreement instead of

limiting the agreement for one year. An insurance service organization

recommended that section 14 be put into the Basic Provisions.

Response: Written agreements are intended to supplement policy

terms or permit insurance in unusual situations that require

modification of the otherwise standard insurance provisions. If such

practices continue year to year, they should be incorporated into the

policy or Special Provisions. It is important to minimize written

agreement exceptions to assure that the insured is well aware of the

specific terms of the policy. Therefore, no change will be made to the

requirement that written agreements be renewed each year. The written

agreement provisions are contained in the Basic Provisions and,

therefore, have been removed from these crop provisions.

In addition to the changes described above, FCIC has made minor

editorial changes and has amended the following Processing Sweet Corn

Provisions:

1. Amended and clarified the paragraph preceding section 1 to

include the Catastrophic Risk Protection Endorsement.

2. Section 1--Amended the definitions of ``base contract price,''

``bypassed acreage,'' and ``processor'' for clarity. The definition of

``practical to replant'' is amended to clarify that it will not be

considered practical to replant unless the 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. The

definition of processor contract is amended to clarify that multiple

contracts with the same processor that specify amounts of production

will be considered as a single processor contract. This provision

guards against the situation where a loss is claimed under one

contract, but a surplus is grown under the other contract for the same

crop. The definition of ``usable tons'' is amended to clarify that the

amount includes the quantity of sweet corn for which the producer is

compensated or should have been compensated by the processor.

3. Section 3(b)--Clarified that the insurance guarantee per acre is

expressed as tons of unhusked ear weight.

4. Section 3(c)--Added a provision to clarify that appraised

production on bypassed acreage that is not bypassed due to an insurable

cause of loss will be

[[Page 65342]]

considered when determining the producer's approved yield.

5. Section 7--Removed section 7(a)(2) in the proposed rule. This

provision is not necessary since section 7(a)(3) of the proposed rule

stated that the sweet corn must be grown under, and in accordance with,

the requirements of a processor contract. If grown under a processor

contract, the sweet corn will be canned or frozen. Section 7(c) is

amended for clarity.

6. Section 10--Amended section 10(a) for clarity. Section 10(b) is

reformatted and amended for clarity. Also, removed section 10(b)(3) of

the proposed rule. Assuming the acreage is not intentionally bypassed,

FCIC believes that processors make sound harvesting decisions based on

the condition and economic value of the crop as a whole. Therefore,

FCIC believes that section 10(b)(3) is unnecessary and adds no value to

these provisions.

7. Section 11(b)--Clarified that the insured must give a notice of

loss within 3 days after the date harvest should have started if the

acreage will not be harvested unless the acreage was previously

released. The insured must also provide documentation stating why the

acreage was bypassed.

8. Section 12--Deleted section 12(c)(1)(i)(E) of the proposed rule,

and inserted amended language as a new section 12(c)(1)(iii) of the

final rule to clarify when appraised production will include production

on bypassed acreage. A new section 12(c)(3) of the final rule is added

to clarify that appraised production will include all harvested

production from any other insurable units that have been used to fill

the processor contract for a unit. Section 12(d) of the proposed rule

is deleted because of duplication with section 12(c)(2).

Good cause is shown to make this rule effective upon publication in

the Federal Register. This rule improves the processing sweet corn

insurance coverage and brings it under the Common Crop Insurance Policy

Basic Provisions for consistency among policies. The contract change

date for the 1998 crop year is December 31, 1997. It is, therefore,

imperative that these provisions be made final before that date so that

the reinsured companies and insureds may have sufficient time to

implement the new provisions. Therefore, public interest requires the

agency to act immediately to make these provisions available for the

1998 crop year.

List of Subjects in 7 CFR Parts 437 and 457

Crop insurance, Processing sweet corn, Sweet corn crop insurance

regulations.

Final Rule

Accordingly, for the reasons set forth in the preamble, the Federal

Crop Insurance Corporation hereby amends 7 CFR parts 437 and 457, as

follows:

PART 437--SWEET CORN CROP INSURANCE REGULATIONS FOR THE 1985

THROUGH 1997 CROP YEARS

1. The authority citation for 7 CFR part 437 is revised to read as

follows:

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

2. The part heading is revised to read as set forth above.

3. The subpart heading ``Subpart-Regulations for the 1985 and

Succeeding Crop Years'' is removed.

4. Section 437.7 is amended by revising the introductory text of

paragraph (d) to read as follows:

Sec. 437.7 The application and policy.

* * * * *

(d) The application is found at subpart D of part 400, General

Administrative Regulations (7 CFR 400.37, 400.38). The provisions of

the Sweet Corn Insurance Policy for the 1985 through 1997 crop years

are as follows:

PART 457--COMMON CROP INSURANCE REGULATIONS; REGULATIONS FOR THE

1994 AND SUBSEQUENT CONTRACT YEARS

5. The authority citation for 7 CFR part 457 continues to read as

follows:

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

6. Section 457.154 is added to read as follows:

Sec. 457.154 Processing sweet corn crop insurance provisions.

The Processing Sweet Corn Crop Insurance Provisions for the 1998

and succeeding crop years are as follows:

FCIC policies:

Department of Agriculture

Federal Crop Insurance Corporation

Reinsured policies:

(Appropriate title for insurance provider)

Both FCIC and reinsured policies:

Processing Sweet Corn Crop Provisions

If a conflict exists among the policy provisions, the order of

priority is as follows: (1) the Catastrophic Risk Protection

Endorsement, if applicable; (2) the Special Provisions; (3) these

Crop Provisions; and (4) the Basic Provisions with (1) controlling

(2), etc.

1. Definitions.

Base contract price. The price stipulated on the processor

contract without regard to discounts or incentives that may apply.

Bypassed acreage. Land on which production is ready for harvest

but the processor elects not to accept such production so it is not

harvested.

Good farming practices. The cultural practices generally in use

in the county for the crop to make normal progress toward maturity

and produce at least the yield used to determine the production

guarantee and are those required by the sweet corn processor

contract with the processing company, and recognized by the

Cooperative State Research, Education, and Extension Service as

compatible with agronomic and weather conditions in the county.

Harvest. The removal of the ears from the stalks for the purpose

of delivery to the processor.

Planted acreage. In addition to the definition contained in the

Basic Provisions, sweet corn must initially be placed in rows far

enough apart to permit mechanical cultivation. Acreage planted in

any other manner will not be insurable unless otherwise provided by

the Special Provisions or by written agreement.

Practical to replant. In lieu of the definition of Practical to

replant contained in section 1 of the Basic Provisions, practical to

replant is defined as our determination, after loss or damage to the

insured crop, based on factors including, but not limited to,

moisture availability, condition of the field, time to crop

maturity, and marketing window, that replanting the insured crop

will allow the crop to attain maturity prior to the calendar date

for the end of the insurance period. 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. Any business enterprise regularly engaged in canning

or freezing processing sweet corn for human consumption, that

possesses all licenses and permits for processing sweet corn

required by the state in which it operates, and that possesses

facilities, or has contractual access to such facilities, with

enough equipment to accept and process contracted processing sweet

corn within a reasonable amount of time after harvest.

Processor contract. A written agreement between the producer and

a processor, containing at a minimum:

(a) The producer's commitment to plant and grow sweet corn, and

to deliver the sweet corn production to the processor;

(b) The processor's commitment to purchase all the production

stated in the processor contract; and

(c) A base contract price.

Multiple contracts with the same processor that specify amounts

of production will be considered as a single processor contract.

Ton. Two thousand (2,000) pounds avoirdupois.

[[Page 65343]]

Unhusked ear weight. Weight of the seed-bearing spike of sweet

corn including the membranous or green outer envelope.

Usable tons. The quantity of sweet corn for which the producer

is compensated or should have been compensated by the processor.

2. Unit Division.

(a) For processor contracts that stipulate the amount of

production to be delivered:

(1) In lieu of the definition contained in the Basic Provisions,

a basic unit will consist of all acreage planted to the insured crop

in the county that will be used to fulfill contracts with each

processor;

(i) There will be no more than one basic unit for all production

contracted with each processor contract;

(ii) In accordance with section 12, all production from any

basic unit in excess of the amount under contract will be included

as production to count if such production is applied to any other

basic unit for which the contracted amount has not been fulfilled;

and

(2) Provisions in the Basic Provisions that allow optional units

by section, section equivalent, or FSA farm serial number and by

irrigated and non-irrigated practices are not applicable.

(b) For any processor contract that stipulates the number of

acres to be planted, the provisions contained in section 34 of the

Basic Provisions will apply.

3. Insurance Guarantees, Coverage Levels, and Prices for

Determining Indemnities.

In addition to the requirements of section 3 of the Basic

Provisions:

(a) You may select only one price election for all the

processing sweet corn in the county insured under this policy unless

the Special Provisions provide different price elections by type.

The percentage of the maximum price elections you choose for one

type will be applicable to all other types insured under this

policy.

(b) The insurance guarantee per acre is expressed as tons of

unhusked ear weight. Any other measured production will be converted

to an unhusked ear weight equivalent.

(c) The appraised production from bypassed acreage that could

have been accepted by the processor will be included when

determining your approved yield.

(d) Acreage that is bypassed because it was damaged by an

insurable cause of loss will be considered to have a zero yield when

determining your approved yield.

4. Contract Changes.

In accordance with section 4 of the Basic Provisions, the

contract change date is November 30 preceding the cancellation date.

5. Cancellation and Termination Dates.

In accordance with section 2 of the Basic Provisions, the

cancellation and termination dates are March 15.

6. Report of Acreage.

In addition to the provisions of section 6 of the Basic

Provisions, you must provide a copy of all processor contracts to us

on or before the acreage reporting date.

7. Insured Crop.

(a) In accordance with section 8 of the Basic Provisions, the

crop insured will be all the processing sweet corn in the county for

which a premium rate is provided by the actuarial documents:

(1) In which you have a share;

(2) That is grown under, and in accordance with, the

requirements of a processor contract executed on or before the

acreage reporting date and not excluded from the processor contract

at any time during the crop year; and

(3) That is not (unless allowed by the Special Provisions or by

written agreement):

(i) Interplanted with another crop; or

(ii) Planted into an established grass or legume.

(b) You will be considered to have a share in the insured crop

if, under the processor contract, you retain control of the acreage

on which the sweet corn is grown, you are at risk of loss, and the

processor contract provides for delivery of sweet corn under

specified conditions and at a stipulated base contract price.

(c) A commercial sweet corn producer who is also a processor may

establish an insurable interest if the following requirements are

met:

(1) The producer must comply with these Crop Provisions;

(2) Prior to the sales closing date, the Board of Directors or

officers of the processor must execute and adopt a resolution that

contains the same terms as an acceptable processor contract. Such

resolution will be considered a processor contract under this

policy; and

(3) Our inspection reveals that the processing facilities comply

with the definition of a processor contained in these Crop

Provisions.

8. Insurable Acreage.

In addition to the provisions of section 9 of the Basic

Provisions:

(a) Any acreage of the insured crop that is damaged before the

final planting date, to the extent that the majority of producers in

the area would normally not further care for the crop, must be

replanted unless we agree that it is not practical to replant; and

(b) We will not insure any acreage that does not meet the

rotation requirements, if applicable, contained in the Special

Provisions.

9. Insurance Period.

In lieu of the provisions contained in section 11 of the Basic

Provisions, regarding the end of the insurance period, insurance

ceases at the earlier of:

(a) The date the sweet corn:

(1) Was destroyed;

(2) Should have been harvested but was not harvested;

(3) Was abandoned; or

(4) Was harvested;

(b) The date you harvest sufficient production to fulfill your

processor contract if the processor contract stipulates a specific

amount of production to be delivered;

(c) Final adjustment of a loss; or

(d) Unless otherwise agreed to in writing, the calendar date for

the end of the insurance period in which the sweet corn would

normally be harvested as follows:

(1) September 30 in Malheur County, Oregon, all Idaho counties,

and all Iowa counties;

(2) October 20 in all other Oregon counties, and in all

Washington counties; or

(3) September 20 in all other states.

10. Causes of Loss.

In accordance with the provisions of section 12 of the Basic

Provisions:

(a) Insurance is provided only against the following causes of

loss that occur during the insurance period:

(1) Adverse weather conditions, including:

(i) Excessive moisture that prevents harvesting equipment from

entering the field or that prevents the timely operation of

harvesting equipment; and

(ii) Abnormally hot or cold temperatures that cause an

unexpected number of acres over a large producing area to be ready

for harvest at the same time, affecting the timely harvest of a

large number of such acres or the processing of such production is

beyond the capacity of the processor, either of which causes the

acreage to be bypassed.

(2) Fire;

(3) Insects, but not damage due to insufficient or improper

application of pest control measures;

(4) Plant disease, but not damage due to insufficient or

improper application of disease control measures or as otherwise

limited by the Special Provisions;

(5) Wildlife;

(6) Earthquake;

(7) Volcanic eruption; or

(8) Failure of the irrigation water supply, if due to a cause of

loss listed in section 10(a)(1) through (7) that occurs during the

insurance period.

(b) In addition to the causes of loss excluded in section 12 of

the Basic Provisions, we will not insure any loss of production due

to:

(1) Bypassed acreage because of:

(i) The breakdown or non-operation of equipment or facilities;

or

(ii) The availability of a crop insurance payment. We may deny

any indemnity immediately in such circumstance or, if an indemnity

has been paid, require you to repay it to us with interest at any

time acreage was bypassed due to the availability of a crop

insurance payment; or

(2) Your failure to follow the requirements contained in the

processor contract.

11. Duties In The Event of Damage or Loss.

In addition to the requirements of section 14 of the Basic

Provisions, you must give us notice:

(a) Not later than 48 hours after:

(1) Total destruction of the sweet corn on the unit; or

(2) Discontinuance of harvest on a unit on which unharvested

production remains.

(b) Within 3 days after the date harvest should have started on

any acreage that will not be harvested unless we have previously

released the acreage. You must also provide acceptable documentation

of the reason the acreage was bypassed. Failure to provide such

documentation will result in our determination that the acreage was

bypassed due to an uninsured cause of loss. If the crop will not be

harvested and you wish to destroy the crop, you must leave

representative samples of the unharvested crop for our inspection.

The samples must be at least 10 feet wide and extend the entire

length of each field in each unit. The samples must not be destroyed

until the earlier of our inspection or 15 days after notice is given

to us; and

[[Page 65344]]

(c) At least 15 days prior to the beginning of harvest if you

intend to claim an indemnity on any unit, or immediately if damage

is discovered during the 15 day period or during harvest, so that we

may inspect any damaged production. If you fail to notify us and

such failure results in our inability to inspect the damaged

production, we will consider all such production to be undamaged and

include it as production to count. You are not required to delay

harvest.

12. Settlement of Claim.

(a) We will determine your loss on a unit basis. In the event

you are unable to provide separate, acceptable production records:

(1) For any optional units, we will combine all optional units

for which such production records were not provided; or

(2) For any basic units, we will allocate any commingled

production to such units in proportion to our liability on the

harvested acreage for the units.

(b) In the event of loss or damage covered by this policy, we

will settle your claim by:

(1) Multiplying the insured acreage by its respective production

guarantee, by type if applicable;

(2) Multiplying each result of section 12(b)(1) by the

respective price election, by type if applicable;

(3) Totaling the results of section 12(b)(2) if there are more

than one type;

(4) Multiplying the total production to count (see section

12(c)), for each type if applicable, by its respective price

election;

(5) Totaling the results of section 12(b)(4) if there are more

than one type;

(6) Subtracting the results of section 12(b)(4) from the results

of section 12(b)(2) if there is only one type or subtracting the

results of section 12(b)(5) from the result of section 12(b)(3) if

there are more than one type; and

(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 3.0 tons per acre and a

price election of $50.00 per ton. You are only able to harvest 200

tons. Your indemnity would be calculated as follows:

(1) 100 acres x 3.0 tons=300 tons guarantee;

(2) 300 tons x $50.00 price election=$15,000.00 value of guarantee;

(4) 200 tons x $50.00 price election=$10,000.00 value of production

to count;

(6) $15,000.00-$10,000.00=$5,000.00 loss;

(7) $5,000.00 x 100 percent=$5,000.00 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 4.0 tons

per acre and a price election of $45.00 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 3.0 tons=300 tons guarantee for type A, and

100 acres x 4.0 tons=400 tons guarantee for type B;

(2) 300 tons x $50.00 price election=$15,000.00 value of guarantee

for type A, and

400 tons x $45.00 price election=$18,000.00 value of guarantee

for type B;

(3) $15,000.00 + $18,000.00=$33,000.00 total value of guarantee;

(4) 200 tons x $50.00 price election=$10,000.00 value of production

to count for type A, and

350 tons x $45.00 price election=$15,750.00 value of production

to count for type B;

(5) $10,000.00+$15,750.00=$25,750.00 total value of production to

count;

(6) $33,000.00-$25,750.00=$7,250.00 loss;

(7) $7,250.00 loss x 100 percent=$7,250.00 indemnity payment.

(c) The total production to count, specified in tons of unhusked

ear weight, from all insurable acreage on the unit will include:

(1) All appraised production as follows:

(i) Not less than the production guarantee for acreage:

(A) That is abandoned;

(B) That is put to another use without our consent;

(C) That is damaged solely by uninsured causes; or

(D) For which you fail to provide production records that are

acceptable to us.

(ii) Production lost due to uninsured causes.

(iii) Production on acreage that is bypassed unless the acreage

was bypassed due to an insured cause of loss which resulted in

production which would not be acceptable under the terms of the

processor contract.

(iv) Potential production on insured acreage that you intend to

put to another use or abandon, if you and we agree on the appraised

amount of production. Upon such agreement, the insurance period for

that acreage will end when you put the acreage to another use or

abandon the crop. If agreement on the appraised amount of production

is not reached:

(A) If you do not elect to continue to care for the crop, we may

give you consent to put the acreage to another use if you agree to

leave intact, and provide sufficient care for, representative

samples of the crop in locations acceptable to us (The amount of

production to count for such acreage will be based on the harvested

production or appraisals from the samples at the time harvest should

have occurred. If you do not leave the required samples intact, or

fail to provide sufficient care for the samples, our appraisal made

prior to giving you consent to put the acreage to another use will

be used to determine the amount of production to count); or

(B) If you elect to continue to care for the crop, the amount of

production to count for the acreage will be the harvested

production, or our reappraisal if additional damage occurs and the

crop is not harvested.

(2) All harvested processing sweet corn production from the

insurable acreage. The amount of such production will be:

(i) The usable tons of processing sweet corn shown on the

processor settlement sheet, if available; or

(ii) Determined by dividing the dollar amount paid, payable, or

which should have been paid under the terms of the processor

contract for the quantity of the sweet corn delivered to the

processor by the base contract price per ton; and

(3) All harvested processing sweet corn production from any

other insurable units that have been used to fulfill your processor

contract for this unit.

The total production to count will be expressed as an unhusked

ear weight. Any other measure of production will be converted to an

unhusked ear weight equivalent.

13. Late Planting.

A late planting period is not applicable to processing sweet

corn unless allowed by the Special Provisions and you provide

written approval from the processor by the acreage reporting date

that it will accept the production from the late planted acres when

it is expected to be ready for harvest.

14. Prevented Planting.

Your prevented planting coverage will be 40 percent of your

production guarantee for timely planted acreage. If you have limited

or additional levels of coverage, as specified in 7 CFR part 400,

subpart T, and pay an additional premium, you may increase your

prevented planting coverage to the levels specified in the actuarial

documents.

Signed in Washington, D.C., on December 5, 1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance Corporation.

[FR Doc. 97-32493 Filed 12-11-97; 8:45 am]

BILLING CODE 3410-08-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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