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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
ii. Add paragraph d1v; and iii. In paragraph d4, remove the phrase contained in and add in its place the phrase calculated in accordance with;
j. In section 12, remove the word fall and add the word winter in all places where it appears; and k. Revise section 13.
The revisions and additions read as follows:

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457.101 Small grains crop insurance provisions.

The Small Grains Crop Insurance Provisions for the 2022 and succeeding crop years are as follows:

1. Definitions.

Latest final planting date. a The final planting date for the spring type in all counties for which the Special Provisions designate a spring type only;
b The final planting date for the winter type in all counties for which the Special Provisions designate a winter type only; or c The final planting date for the spring type in all counties for which the Special Provisions designate both spring and winter types.

2. Unit Division.
a In addition to enterprise units provided in section 34a of the Basic Provisions, for wheat only, you may elect separate enterprise units by type, as provided in this section, if allowed by the actuarial documents. If you elect enterprise units by type, you may not elect enterprise or optional units by irrigation practices.
1 You may elect separate enterprise units by type unless otherwise specified in the Special Provisions. For example, if you have winter and spring types, you may elect one enterprise unit for the spring type or one enterprise unit for the winter type, or separate enterprise units for both types. Any acreage which is not reported and insured as an enterprise unit will be insured as basic or optional units, if requirements are met. For example, if you only have winter and spring types, you may have an enterprise unit for the winter type acreage and basic or optional units for the spring type acreage.
2 You must separately meet the requirements in section 34a4 of the Basic Provisions for each enterprise unit.
3 If you elected separate enterprise units for multiple types and we discover enterprise unit qualifications are not separately met for all types in which you elected enterprise unit and such discovery is made:

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i On or before the acreage reporting date, you may elect to insure:
A All types in which you elected an enterprise unit for meeting the requirements in section 34a4 as separate enterprise units, and basic or optional units for any acreage that is not reported and insured as an enterprise unit, whichever you report on your acreage report and for which you qualify;
B One enterprise unit for all acreage of the crop in the county provided you meet the requirements in section 34a4; or C Basic or optional units for all acreage of the crop in the county, whichever you report on your acreage report and for which you qualify; or ii At any time after the acreage reporting date, your unit structure will be one enterprise unit for all acreage of the crop in the county provided you meet the requirements in section 34a4. Otherwise, we will assign the basic unit structure for all acreage of the crop in the county.
4 If you elected an enterprise unit for only one type and we discover you do not qualify for an enterprise unit for that type and such discovery is made:
i On or before the acreage reporting date, your unit division for all acreage of the crop in the county will be based on basic or optional units, whichever you report on your acreage report and for which you qualify; or ii At any time after the acreage reporting date, we will assign the basic unit structure for all acreage of the crop in the county.
b In addition to, or instead of, establishing optional units as provided in section 34c of the Basic Provisions, for wheat only, separate optional units may be established for each wheat type designated in actuarial documents and including any type insured by written agreement if each optional unit contains only initially-planted acreage of the type.
3. Insurance Guarantees, Coverage Levels, and Prices for Determining Indemnities.

b
2 In counties with both winter and spring sales closing dates for the insured crop excluding counties that have a spring sales closing date and a winter sales closing date only applicable to the Winter Coverage Endorsement:
i If you do not have any insurable winter-planted acreage of the insured crop, you may change your coverage level, or your percentage of projected price if you have yield protection, or elect revenue protection or yield
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protection, until the spring sales closing date; or ii If you have any insurable winterplanted acreage of the insured crop, you may not change your coverage level, or your percentage of projected price if you have yield protection, or elect revenue protection or yield protection, after the winter sales closing date.
Winter-planted acreage of the insured crop must be reported and insured if it meets the requirements in section 6.

7. Insurance Period.

a
2 For barley, oat, and wheat, the following limitations apply:

ii Whenever the Special Provisions designate only a winter type, any acreage of winter barley, oats, or wheat damaged before such final planting date, to the extent that producers in the area would normally not further care for the crop, must be replanted to a winter type of the insured crop unless we agree that replanting is not practical.
iii Whenever the Special Provisions designate both winter and spring types:
A Any winter barley, oat, or wheat acreage that is damaged before the spring final planting date, to the extent that producers in the area would normally not further care for the crop, must be replanted to a winter type of the insured crop to maintain insurance based on the winter type unless we agree that replanting is not practical. If it is not practical to replant to the winter type of barley, oats, or wheat, but is practical to replant to a spring type, you must replant to a spring type to keep your insurance based on the winter type in force.
B Any winter barley, oat, or wheat acreage that is replanted to a spring type of the same crop when it was practical to replant the winter type will be insured as the spring type and the production guarantee, premium, projected price, and harvest price applicable to the spring type will be used. In this case, the acreage will be considered to be initially planted to the spring type.
C Notwithstanding sections 7a2iiiA and B, if you have elected coverage under a barley or wheat Winter Coverage Endorsement if available in the county, insurance will be in accordance with the endorsement.
D Any winter barley, oat, or wheat acreage planted after the end of the late planting period will not be insured unless you request such coverage on or before the spring sales closing date, and we inspect and determine that the
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