General Crop Insurance Regulations; Forage Seeding Crop Insurance Regulations and Common Crop Insurance Regulations; Forage Seeding Crop Insurance Provisions

SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes

specific crop provisions for the insurance of forage seeding. 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 forage seeding 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 forage seeding crop regulations to

the 1997 and prior crop years.

DATES: Effective: March 20, 1997.

FOR FURTHER INFORMATION CONTACT: Richard Brayton, 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

Following publication of the proposed rule, the public was afforded

60 days to submit written comments, data, and opinions on information

collection requirements previously approved by OMB under OMB control

number 0563-0003 through September 30, 1998. No public comments were

received.

Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.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. Thus, 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 impact on a substantial

number of small entities. The effect of this regulation on small

entities will be no greater than on larger entities. Under the current

regulations, a producer is required to complete an application and an

acreage report. If the crop is damaged or destroyed, the insured is

required to give notice of loss and provide the necessary information

to complete a claim for indemnity. This regulation does not alter those

requirements.

The amount of work required of the insurance companies delivering

and servicing these policies will not increase significantly from the

amount of work currently required. This rule does not have any greater

or lesser impact on the producer. 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. 12778

The Office of the General Counsel has determined that these

regulations meet the applicable standards provided in sections 2(a) and

2(b)(2) of Executive Order No. 12778. The provisions of this rule will

not have a retroactive effect prior to the effective date. 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 exhausted before

any action 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 Wednesday, January 15, 1997, FCIC published a notice of proposed

rule making, in the Federal Register at 62 FR 2055-2059 to add to the

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

CFR 457.151, Forage Seeding 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 forage seeding

[[Page 13290]]

found at 7 CFR part 414 (Forage Seeding Crop Insurance Regulations).

FCIC also amends 7 CFR part 414 to limit its effect to the 1997 and

prior crop years. FCIC will later publish a regulation to remove and

reserve part 414.

Following publication of the proposed rule, the public was afforded

30 days to submit written comments, data, and opinions. A total of 17

comments were received from the crop insurance industry and FCIC. The

comments received, and FCIC's response, are as follows:

Comment: The crop insurance industry questioned the definition of

``FSA.'' They stated that with the passage of the Freedom to Farm Act,

references to FSA or FSA Farm Serial Numbers or reliance on either in

the crop insurance policies becomes questionable. They suggested that

any reliance on FSA information, structure or data be eliminated from

the policy given the farm bill provisions.

Response: FSA is still a viable agency and acreage can still be

divided by Farm Serial Number. Those producers who elect to maintain

their Farm Serial Number units will still be able to obtain optional

units by Farm Serial Numbers. FCIC sees no reason to change that unit

structure. Therefore, no change has been made.

Comment: A representative of FCIC recommended changing the

definition of ``Forage'' to allow insurance coverage for non-grass

forage species other than alfalfa and red clover (e.g., birdsfoot

trefoil).

Response: FCIC agrees with the comment and has amended the

definition to allow insurance coverage for other species listed in the

Actuarial Table.

Comment: The crop insurance industry recommended adding the words

``and quality'' after the word ``quantity'' in the definition of

``Irrigated practice'' in section 1.

Response: Water quality is an important issue. However, since no

standards or procedures have been developed to measure water quality

for insurance purposes, quality cannot be included in the definition.

Therefore, no change has been made.

Comment: The crop insurance industry recommended changing the

definition of ``Replanting'' in section 1. The commenter indicated that

the wording `` * * * replace the forage seed and then replacing the

forage seed * * * '' is duplicative.

Response: FCIC disagrees that the language is duplicative. The

provision is amended to clarify that both preparation of the land

necessary to replace the seed and replacement of the seed must be

accomplished to be considered replanted.

Comment: The crop insurance industry recommended changing the

wording in section 2(a) to read, ``A separate (basic) unit, as defined

in section 1 (Definitions) of the Basic Provisions, will be established

for spring and fall planted acreage.''

Response: FCIC agrees with the comment and has amended the

provisions accordingly.

Comment: The crop insurance industry recommended that the states in

section 5 ``Cancellation and Termination Dates'' be in alphabetical

order.

Response: FCIC agrees with the comment and has amended the

provisions accordingly.

Comment: The crop insurance industry recommended that the spring

seeded forage acreage reporting date, premium billing date, and

termination dates should be changed to allow the crop insurance

industry more time to process their documents within compliance of

their contract.

Response: This rule moves the termination dates from April 15 to

March 15 for all states except Nevada, New Hampshire, New York,

Pennsylvania and Vermont to coincide with the March 15 sales closing

date that has been set in accordance with section 508(f)(2) of the

Federal Crop Insurance Act. The acreage reporting and premium billing

dates are not contained in this rule. However, FCIC has determined that

the insurance provider has sufficient time to process the documents and

comply with all provisions of the reinsurance agreement. Therefore, no

change has been made.

Comment: The crop insurance industry stated that the provisions

specify that the crop insured is ``forage seeding'', but the term is

not included in the definitions. Either ``forage seeding'' should be

defined, or the provisions should refer to ``all the forage seeded in

the county''.

Response: FCIC agrees that use of the term ``forage seeding'' is

confusing. The provisions have been amended to remove the word

``seeding'' since the provisions require the forage to be planted

during the current crop year.

Comment: The crop insurance industry recommended that section 6(b)

``Insured Crop'' should clarify that insurance coverage is provided for

forage ``that is initially planted this crop year, or replanted the

calendar year following planting'' to distinguish between forage

seeding (first year) and forage production (subsequent years).

Response: FCIC has clarified that the forage must be planted during

the current crop year.

Comment The crop insurance industry stated that the language

contained in section 8(b), ``Harvest of the unit, unless a late harvest

date is listed in the Special Provisions, or late harvest on the unit

if a late harvest date is listed in the Special Provisions'' is

confusing and should be clarified.

Response: FCIC agrees with the comment and has amended the

provisions for clarification.

Comment: A representative of FCIC questioned why in section 10

``Replanting payment'' that replant payments are only allowed for fall

seeded forage in counties that have both fall and spring final planting

dates. The commenter stated that the policy should be changed to allow

replant payments for damage that also occurs in the spring.

Response: When FCIC started the forage seeding program, the policy

was written for fall forage producers. It was determined that spring

forage seeding producers would not replant the forage until the

following spring. However, FCIC agrees that, with the expansion of

spring planted forage in the country, a spring replanting payment

should be studied for future implementation. However, no change has

been made in this rule.

Comment: The crop insurance industry recommended changing the

wording in section 12(a)(3) that provides for a 10 percent deductible.

The commenter questioned if it would be better to provide for a minimum

qualifier rather than a deductible.

Response: FCIC disagrees with comment. The 10 percent deductible

recognizes that when forage is seeded, it is expected 10 percent of the

new seed will not mature and produce a crop. Therefore, no change has

been made.

Comment: The crop insurance industry recommended that the

requirement contained in section 13(d) for a written agreement to be

renewed each year be removed. The commenters said that terms of the

agreement should be stated in the agreement to fit the particular

situation for the policy, or if no substantive changes occur from one

year to the next, allow written agreement to be continuous.

Response: FCIC disagrees with the comments. Written agreements by

design are temporary and intended to address unusual situations. If the

conditions for which a written agreement is needed continue year to

year, they should be incorporated into the policy or Special

Provisions. Therefore, no change has been made.

[[Page 13291]]

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

the Federal Register. This rule improves the forage seeding insurance

coverage and brings it under the Common Crop Insurance Policy Basic

Provisions for consistency among policies. The earliest contract change

date for the 1998 crop year for forage seeding is April 30, 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 these changes. Therefore, public interest requires

the agency to act immediately to make these provisions available for

the 1998 crop year.

List of Subjects 7 CFR Parts 414 and 457

Crop insurance, Forage seeding, Forage seeding crop insurance

regulations.

Final Rule

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

Crop Insurance Corporation hereby amends 7 CFR parts 414 and 457

effective for the 1998 and succeeding crop years, as follows:

PART 414--FORAGE SEEDING CROP INSURANCE REGULATIONS

1. The authority citation for 7 CFR part 414 is revised to read as

follows:

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

2. The subpart heading preceding Sec. 414.1 is revised to read as

follows:

Subpart--Regulations for the 1981 Through 1997 Crop Years

3. Section 414.7 is amended by revising the introductory text of

paragraph (d) to read as follows:

Sec. 414.7 The application and policy.

* * * *

(d) The application for the 1984 and succeeding crop years is found

at Subpart D of part 400, General Administrative Regulations (7 CFR

400.37, 400.38). The provisions of the Forage Seeding Insurance Policy

for the 1984 through 1997 crop years are as follows:

* * * *

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

1994 AND SUBSEQUENT CONTRACT YEARS

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

follows:

Authority: U.S.C. 1506(1), 1506(p).

5. Section 457.151 is added to read as follows:

Sec. 457.151 Forage seeding crop insurance provisions.

The Forage Seeding 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:

Forage seeding crop provisions

If a conflict exists among the Basic Provisions (Sec. 457.8),

these Crop Provisions, and the Special Provisions; the Special

Provisions will control these Crop Provisions and the Basic

Provisions; and these Crop Provisions will control the Basic

Provisions.

1. Definitions

Crop year--The period within which the planting is or normally

would become established and shall be designated by the calendar

year in which the planting is made for spring planted acreage and

the next succeeding calendar year for fall planted acreage.

Days--Calendar days.

FSA--The Farm Service Agency, an agency of the United States

Department of Agriculture, or a successor agency.

Fall planted--A forage crop seeded after June 30.

Final planting date--The date contained in the Special

Provisions for the insured crop by which the crop must initially be

planted in order to be insured for the full amount of insurance.

Forage--Planted perennial alfalfa, perennial red clover,

perennial grasses, or a mixture thereof, or other species, as shown

in the actuarial table.

Good farming practices--The cultural practices generally in use

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

and produce a normal stand, and are those recognized by the

Cooperative State Research, Education, and Extension Service as

compatible with agronomic and weather conditions in the county.

Harvest--Severance of the forage plant from the land with the

intention of using it as livestock feed. Grazing will not be

considered harvested.

Interplanted--Acreage on which two or more crops are planted in

a manner that does not permit separate agronomic maintenance or

harvest of the insured crop.

Irrigated practice--A method of producing a crop by which water

is artificially applied during the growing season by appropriate

systems and at the proper times, with the intention of providing the

quantity of water needed to produce at least the yield used to

establish the irrigated amount of insurance on the irrigated acreage

planted to the insured crop.

Normal stand--A population of live plants per square foot that

meets the minimum required number of plants as shown in the Special

Provisions.

Nurse Crop (companion crop)--A crop seeded into the same acreage

as another crop, that is intended to be harvested separately, and

that is planted to improve growing conditions for the crop with

which it is grown.

Planted acreage--Land in which seed has been placed by a machine

appropriate for the insured crop and planting method, at the correct

depth, into a seedbed that has been properly prepared for the

planting method and production practice. Land on which seed is

initially spread onto the soil surface by any method and

subsequently is mechanically incorporated into the soil in a timely

manner and at the proper depth. Acreage seeded 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

(Sec. 457.8), 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, marketing

window, condition of the field, and time to crop maturity, 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 after the final planting

date, unless replanting is generally occurring in the area.

Replanting--Performing the cultural practices necessary to

prepare the land for replacing of the forage seed and then replacing

the forage seed in the insured acreage with the expectation of

producing a normal stand. Replacing new seed into an existing

damaged stand, which results in a reduced seeding rate from the

original seeding rate, will not be considered replanting.

Spring planted--A forage crop seeded before July 1.

Written agreement--A written document that alters designated

terms of this policy in accordance with section 13.

2. Unit Division

(a) In addition to the provisions of section 1 (Definitions) of

the Basic Provisions (Sec. 457.8) (basic unit), a separate basic

unit will be established for spring and fall planted acreage.

(b) Unless limited by the Special Provisions, these basic units

may be further divided into optional units if, for each optional

unit you meet all the conditions of this section or a written

agreement to such division exists.

(c) Basic units may not be divided into optional units on any

basis including, but not limited to, production practice, type,

variety, and planting period, other than as described in this

section.

(d) If you do not comply fully with these provisions, we will

combine all optional units that are not in compliance with these

provisions into the basic unit from which they were formed. We will

combine the optional units at any time we discover that you have

failed to comply with these provisions. If failure to comply with

these provisions is determined to be inadvertent, and the optional

units are combined into a basic unit, that portion of the additional

premium paid for the optional units will that have been combined be

refunded to you.

[[Page 13292]]

(e) All optional units you selected for the crop year must be

identified on the acreage report for that crop year.

(f) The following requirements must be met for each optional

unit:

(1) You must have plant the crop in a manner that results in a

clear and discernable break in the planting pattern at the

boundaries of each optional unit; and

(2) Each optional unit must meet one or more of the following

criteria as applicable:

(i) Optional Units by Section, Section Equivalent, or FSA Farm

Serial Number: Optional units may be established if each optional

unit is located in a separate legally identified section. In the

absence of sections, we may consider parcels of land legally

identified by other methods of measure including, but not limited to

Spanish grants, railroad surveys, leagues, labors, or Virginia

Military Lands, as the equivalent of sections for unit purposes. In

areas that have not been surveyed using the systems identified

above, or another system approved by us, or in areas where such

systems exist but boundaries are not readily discernable, each

optional unit must be located in a separate farm identified by a

single FSA Farm Serial Number.

(ii) Optional Units on Acreage Including Both Irrigated and Non-

irrigated Practices: In addition to, or instead of, establishing

optional units by section, section equivalent, or FSA Farm Serial

Number, optional units may be based on irrigated acreage or non-

irrigated acreage if both are located in the same section, section

equivalent, or FSA Farm Serial Number. To qualify as separate

irrigated and non-irrigated optional units, the non-irrigated

acreage may not continue into the irrigated acreage in the same rows

or planting pattern. The irrigated acreage may not extend beyond the

point at which the irrigated system can deliver the quantity of

water needed to produce a normal stand.

3. Amounts of Insurance

(a) In addition to the requirements of section 3 (Insurance

Guarantees, Coverage Levels, and Prices for Determining Indemnities)

of the Basic Provisions (Sec. 457.8), you may only select one

coverage level and the corresponding amount of insurance designated

in the Actuarial Table for the applicable type and practice for all

the forage seeding in the county that is insured under this policy.

The amount of insurance you choose for each type and practice must

have the same percentage relationship to the maximum amount of

insurance offered by us for each type and practice. For example, if

you choose 100 percent of the maximum amount of insurance for a

specific type and practice, you must also choose 100 percent of the

maximum amount of insurance for all other types and practices.

(b) The production reporting requirements contained in section 3

(Insurance Guarantees, Coverage Levels, and Prices for Determining

Indemnities) of the Basic Provisions (Sec. 457.8), do not apply to

forage seeding.

4. Contract Changes

In accordance with section 4 (Contract Changes) of the Basic

Provisions (Sec. 457.8), the contract change date is November 30

preceding the cancellation date for counties with a March 15

cancellation date and April 30 preceding the cancellation date for

all other counties.

5. Cancellation and Termination Dates

In accordance with section 2 (Life of Policy, Cancellation, and

Termination) of the Basic Provisions (Sec. 457.8), the cancellation

and termination dates are:

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

Cancellation and termination

State and County dates

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

Nevada, New Hampshire, New York, July 31.

Pennsylvania, Vermont.

All other states......................... March 15.

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

6. Insured Crop

In accordance with section 8 (Insured Crop) of the Basic

Provisions (Sec. 457.8), the crop insured will be all the forage in

the county for which a premium rate is provided by the actuarial

table:

(a) In which you have a share;

(b) That is planted during the current crop year, or replanted

the calendar year following planting, to establish a normal stand of

forage intended for harvest as livestock feed;

(c) That is not grown with the intent to be grazed, or not

grazed at any time during the insurance period; and

(d) That is not interplanted with another crop, except nurse

crops, unless allowed by the Special Provisions or by written

agreement.

7. Insurable Acreage

In addition to the provisions of section 9 (Insurable Acreage)

of the Basic Provisions (Sec. 457.8), any acreage of the insured

crop damaged before the final planting date, to the extent that such

acreage has less than a normal stand, must be replanted unless we

agree that it is not practical to replant.

8. Insurance Period

In lieu of the provisions of section 11 (Insurance Period) of

the Basic Provisions (Sec. 457.8) regarding when insurance ends,

forage seeding insurance will end at the earliest of:

(a) Total destruction of the insured crop on the unit;

(b) The initial harvest of the unit, if a late harvest date is

not listed in the Special Provisions;

(c) The first harvest after the late harvest date, if a late

harvest date is specified in the Special Provisions. You may harvest

the crop as often as practical in accordance with good farming

practices on or before the late harvest date.

(d) Final adjustment of a loss on a unit;

(e) Abandonment of the insured crop;

(f) The date grazing commences on the insured crop; or

(g) May 21 of the calendar year following seeding for spring-

planted forage; or October 15 of the calendar year following seeding

for fall-planted forage.

9. Causes of Loss

In accordance with the provisions of section 12 (Causes of Loss)

of the Basic Provisions (Sec. 457.8), insurance is provided only

against the following causes that result in loss of, or failure to

establish, a stand of forage that occur during the insurance period:

(a) Adverse weather conditions;

(b) Fire;

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

application of pest control measures;

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

improper application of disease control measures;

(e) Wildlife;

(f) Earthquake;

(g) Volcanic eruption; or

(h) Failure of the irrigation water supply, if caused by an

insured peril that occurs during the insurance period.

10. Replanting Payment.

In lieu of the provisions contained in section 13 (Replanting

Payment) of the Basic Provisions (Sec. 457.8):

(a) A replanting payment is allowed only in counties for which

the Special Provisions designate both fall and spring final planting

dates if:

(1) The insured fall planted acreage is damaged by an insurable

cause of loss to the extent that less than 75 percent of a normal

stand remains;

(2) It is practical to replant;

(3) We give written consent to replant; and

(4) Such acreage is replanted the following spring by the spring

final planting date.

(b) The amount of the replanting payment will be equal to 50

percent of the amount of the liability determined in accordance with

section 12(a).

(c) No replanting payment will be made on acreage for which one

replanting payment has been allowed.

(d) If the information reported by you on the acreage report

results in a lower premium than the actual premium determined to be

due based on the acreage, share, practice, or type determined

actually to have existed, the replanting payment will be reduced

proportionately.

11. Duties in the Event of Damage or Loss

(a) In accordance with the requirements of section 14 (Duties in

the Event of Damage or Loss) of the Basic Provisions (Sec. 457.8),

the representative samples of the crop must be at least 10 feet wide

and extend the entire length of each field in the unit. The samples

must not be harvested or destroyed until the earlier of our

inspection or 15 days after tilling of the balance of the unit is

completed.

(b) In addition to the requirements of section 14 (Duties in the

Event of Damage or Loss) of the Basic Provisions (Sec. 457.8), you

must give us written notice if, during the period before destroying

the crop on any fall planted acreage that is damaged, you decide to

replant the acreage by the spring final planting date.

12. Settlement of Claim

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

will settle your claim on any unit by:

(1) Multiplying the insured acreage of each type and practice by

the amount of insurance for the applicable type and practice;

(2) Totaling the results in section 12(a)(1);

(3) Multiplying the total of the acres with an established stand

plus 10 percent of the planted acres for the insured acreage of each

[[Page 13293]]

type and practice in the unit by the amount of insurance for the

applicable type and practice;

(4) Totaling the results in section 12(a)(3);

(5) Subtracting the result in section 12(a)(4) from the result

in section 12(a)(2); and

(6) Multiplying the result in section 12(a)(5) by your share.

(b) The acres with an established stand will include:

(1) Acreage that has at least 75 percent of a normal stand;

(2) Acreage abandoned or put to another use without our prior

written consent;

(3) Acreage damaged solely by an uninsured cause; or

(4) Acreage that is harvested and not reseeded.

(c) The amount of indemnity on any spring planted acreage

determined in accordance with section 12(a) will be reduced 50

percent if the stand is less than 75 percent but more than 55

percent of a normal stand.

13. Written Agreements

Designated terms of this policy may be altered by written

agreement in accordance with the following:

(a) You must apply in writing for each written agreement no

later than the sales closing date, except as provided in section

13(e);

(b) The application for a written agreement must contain all

variable terms of the contract between you and us that will be in

effect if the written agreement is not approved;

(c) If approved, the written agreement will include all variable

terms of the contract, including, but not limited to, crop type or

variety, practice, premium rate, and amount of insurance;

(d) Each written agreement will only be valid for one year (If

the written agreement is not specifically renewed the following

year, insurance coverage for subsequent crop years will be in

accordance with the printed policy); and

(e) An application for a written agreement submitted after the

sales closing date may be approved if, after a physical inspection

of the acreage, it is determined that no loss has occurred and the

crop is insurable in accordance with the policy and written

agreement provisions.

Signed in Washington, D.C., on March 14, 1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance Corporation.

[FR Doc. 97-7012 Filed 3-19-97; 8:45 am]

BILLING CODE 3410-FA-P