Federal Register - June 24, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
Provisions, 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 Spring Austrian Peas and Spring Desi Chickpea types, you may elect one enterprise unit for the Spring Austrian Peas type or one enterprise unit for the Spring Desi Chickpeas type, or separate enterprise units for both types. Any acreage which is not reported and insured as an enterprise unit will be insured as a basic unit or optional unit if requirements are met.
For example, if you only have Spring Austrian Peas and Spring Desi Chickpea types, you may have an enterprise unit for the Spring Austrian Peas type acreage and basic or optional units for the Spring Desi Chickpeas 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:
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 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 crop in the county provided you meet the requirements in section 34a4.
Otherwise, we will assign the basic unit structure for all acreage of 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
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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 in the Basic Provisions, separate optional units may be established for each dry pea type designated in actuarial documents and including any type insured by written agreement.
c Enterprise and optional units by type may be further divided by acreage of contract seed types and dry pea types not grown under a processor/seed company contract even if they share a common variety provided each dry pea type is grown on separate acreage and the production is kept separate.
3. Amend 457.150 as follows:
a. In the introductory text, remove 2017 and add 2022 in its place;
b. In section 1, in the definition of Type, add the phrase or insured by written agreement at the end of the definition;
c. Revise section 2;
d. In section 3, in paragraph a, remove the phrase Insurance Guarantees, Coverage Levels, and Prices for Determining Indemnities;
e. In section 4, remove the phrase Contract Changes;
f. In section 5, remove the phrase Life of Policy, Cancellation, and Termination;
g. In section 6, remove the phrase Report of Acreage;
h. In section 7, in paragraph a introductory text:
i. Remove the phrase Insured Crop; and ii. Add a space between Basic Provisions and 457.8;
i. In section 8, introductory text, remove the phrase Insurable Acreage;
j. In section 9, introductory text, remove the phrase Insurance Period;
k. In section 10, introductory text, remove the phrase Causes of Loss;
l. In section 11:
i. In paragraph a, remove the phrase Replanting Payment; and ii. In paragraph d, remove the phrases Insurance Guarantees, Coverage Levels, and Prices for Determining Indemnities and Annual Premium; and m. In section 12, remove the phrase Duties in the Event of Damage or Loss.
The revision reads as follows:
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457.150 Dry bean crop insurance provisions.
2. Unit Division.
a In addition to the definition of basic unit in section 1 of the Basic Provisions, all acreage of contract seed beans qualifies as a separate basic unit.
For production based seed bean processor contracts, the basic unit will consist of all the acreage needed to produce the amount of production under contract, based on the actual production history of the acreage. For acreage based seed bean processor contracts, the basic unit will consist of all acreage specified in the contract.
b In addition to enterprise units provided in section 34a of the Basic Provisions, 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 Great Northern and Pinto types, you may elect one enterprise unit for the Great Northern type or one enterprise unit for the Pinto type, or separate enterprise units for both types.
Any acreage which is not reported and insured as an enterprise unit will be insured as a basic unit or optional unit if requirements are met. For example, if you only have Great Northern and Pinto types, you may have an enterprise unit for the Great Northern type acreage and basic or optional units for the Pinto type acreage.
2 You must separately meet the requirements in section 34a4 of the Basic Provisions for each enterprise unit by type.
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 units and such discovery is made:
i On or before the acreage reporting date, you may elect to insure:
A All types in which 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,
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