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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
acreage of the crop in the county will be based on basic or optional units, whichever the insured reports on the acreage report and for which the insured qualifies; or 2 After the acreage reporting date, the AIP will assign the basic unit structure for all acreage of the crop in the county.
FCIC is also revising the first sentence in redesignated paragraph b to eliminate the need to list all optional unit choices from the Basic Provisions.
This allows the Dry Pea Crop Provisions and Dry Bean Crop Provisions to follow, without a new regulation, the Basic Provisions optional unit division language when and if those provisions in the Basic Provisions are updated.
FCIC is adding a new paragraph c to state that if types are only available by written agreement, separate enterprise units or optional units for those types are not available. This is consistent with enterprise unit and optional unit provisions in other Crop Provisions, such as Coarse Grains Crop Provisions.
Other changes specific to 7 CFR
457.140, Dry Pea Crop Insurance Provisions, are as follows:
1. Throughout the Crop Provisions, FCIC is removing the reference to United States Standards for Split Peas.
The standards for Split Peas are used by processors but are not applicable to producers.
2. Section 1FCIC is revising the definition of Local Market Price by removing the reference to United States Standards for Split Peas. Producers, grower groups, buyers, and GIPSA
graders have stated that the Split Pea Standards only apply to processors and not to growers. Therefore, FCIC is removing the Split Pea references to reduce any potential confusion for growers.
3. Section 2FCIC is designating the undesignated paragraph in section 2 as paragraph b and adding a new paragraph a to allow enterprise and optional units by type, regardless of whether the type is listed in the actuarial documents or the type is insured by written agreement.
4. Section 3FCIC is revising paragraphs c1 and 2 to replace the phrase insured fall-planted dry pea acreage with the phrase insurable fallplanted dry pea acreage. Paragraph c provides guidance regarding the date by which producers can make changes to their insurance coverage depending on the status of their fall-planted acreage.
The provisions previously stated that if producers have insured fall-planted acreage, no changes can be made after the fall sales closing date. FCIC received input from insurance companies that
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the phrase insured fall planted acreage implied that if producers planted fall-planted acreage but chose not insure it, then they would have until the spring sales closing date to make changes to the insurance coverage on the spring-planted acreage. That was not the intent of the provisions. All acreage of the crop in the county must be insured. If the producer plants fallplanted acreage and it meets the insurability requirements in section 6, then it must be insured. Therefore, FCIC
is revising the language to indicate if producers planted insurable fallplanted acreage, then no changes may be made after the fall sales closing date.
Other changes to 7 CFR 457.150, Dry Bean Crop Insurance Provisions, are as follows:
1. Throughout the Crop Provisions, FCIC is removing the Basic Provisions section titles when the section number is a sufficient reference. This is consistent with changes being made in other Crop Provisions.
2. Section 1FCIC is revising the definition of Type to allow enterprise and optional units for types insured by written agreement. Written agreements in this instance would allow producers to insure dry beans that would otherwise not be insurable based on an insurance offer unique to that producer.
This change would address optional units as well as enterprise units by type when the producer has a written agreement providing coverage for a type not shown in the actuarial documents of the county in question. It also would give producers the same coverage available in the Dry Pea Crop Provisions and provide equitable treatment.
3. Section 2FCIC is designating the undesignated paragraph in section 2 as paragraph b and adding a new paragraph a to allow enterprise and optional units by type, as described above.
Effective Date, 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 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.
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.
For major rules, the Congressional Review Act requires a delay the
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effective date of 60 days after publication to allow for Congressional review. This rule is not a major rule under the Congressional Review Act, as defined by 5 U.S.C. 8042. Therefore, this final rule is effective on the date of publication in the Federal Register.
Although not required by APA or any other law, FCIC has chosen to request comments on this rule.
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?
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?

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