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khammond on DSKJM1Z7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Proposed Rules The fresh fruit factor will not be applied to any production that grades less than U.S. 1 Processing or better.
The fresh fruit factor will be published in the actuarial documents to account for regional differences.
FCIC proposes to revise paragraph c.
The current provisions state any production not graded or appraised prior to the earlier of the time apples are placed in storage or the date the apples are delivered to a packer, processor, or other handler will not be considered damaged apple production. According to the current definition of damaged apple production, damaged apple production under the Quality Option is anything that fails to grade U.S. Fancy or better. In other words, the aforementioned production will be considered U.S. Fancy or better. As stated earlier, FCIC is proposing to remove the portion of the definition that refers to the Quality Option. Therefore, paragraph c needs to be revised so that the provision has the same meaning as before: Any production not graded or appraised prior to the earlier of the time apples are placed in storage or the date the apples are delivered will be considered U.S. Fancy or better.
FCIC proposes to add a new paragraph e to address written agreements. The Quality Option is contained within the Crop Provisions, which confuses whether written agreements should apply to the Quality Option when written agreements are written on the Crop Provisions. The proposed language allows written agreements to apply to the Quality Option with three requirements: 1 The option may apply to a written agreement for apples when this option is contained in the actuarial documents for the county and crop; 2 the option may apply to apples in a county which does not have actuarial documents for the crop when a written agreement specifically allows this option; and 3
FCIC has the right to not allow this option on a written agreement in accordance with the provisions in section 18 of the Basic Provisions. This requirement also allows the producer to have coverage by written agreement on apple production insured under the Crop Provisions if the requirements for written agreement are not met on the Quality Option.
FCIC proposes to revise the claim example following new paragraph e to align with the proposed changes made throughout section 14.
Notice and Comment, and Exemptions The Administrative Procedure Act APA, 5 U.S.C. 553 provides that the notice and comment and 30-day delay
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in the effective date provisions do not apply when the rule involves specified actions, including matters relating to contracts. This rule governs contracts for crop insurance policies and therefore falls within that exemption. Although not required by APA or any other law, FCIC has chosen to propose the regulatory changes and request comments on the changes prior to issuing a final rule.
This rule is exempt from the regulatory analysis requirements of the Regulatory Flexibility Act 5 U.S.C.
601612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996.
Executive Orders 12866 and 13563
Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The requirements in Executive Orders 12866
and 13563 for the analysis of costs and benefits apply to rules that are determined to be significant.
The Office of Management and Budget OMB designated this rule as not significant under Executive Order 12866, Regulatory Planning and Review, and therefore, OMB has not reviewed this rule and analysis of the costs and benefits is not required under either Executive Order 12866 or 13563.
Clarity of the Regulation Executive Order 12866, as supplemented by Executive Order 13563, requires each agency to write all rules in plain language. In addition to your substantive comments on this rule, we invite your comments on how to make the rule easier to understand. For example:
Are the requirements in the rule clearly stated? Are the scope and intent of the rule clear?
Does the rule contain technical language or jargon that is not clear?
Is the material logically organized?
Would changing the grouping or order of sections or adding headings make the rule easier to understand?
Could we improve clarity by adding tables, lists, or diagrams?

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Would more, but shorter, sections be better? Are there specific sections that are too long or confusing?
What else could we do to make the rule easier to understand?
Environmental Review In general, the environmental impacts of rules are to be considered in a manner consistent with the provisions of the National Environmental Policy Act NEPA, 42 U.S.C. 43214347 and the regulations of the Council on Environmental Quality 40 CFR parts 15001508. FCIC conducts programs and activities that have been determined to have no individual or cumulative effect on the human environment. As specified in 7 CFR 1b.4, FCIC is categorically excluded from the preparation of an Environmental Analysis or Environmental Impact Statement unless the FCIC Manager agency head determines that an action may have a significant environmental effect. The FCIC Manager has determined this rule will not have a significant environmental effect.
Therefore, FCIC will not prepare an environmental assessment or environmental impact statement for this action and this rule serves as documentation of the programmatic environmental compliance decision.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule.
Before any judicial actions may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR part 11 are to be exhausted.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Executive Order 13175
requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
RMA has assessed the impact of this rule on Indian Tribes and determined
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