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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations Section 14, Duties in the Event of Damage, Loss, Abandonment, Destruction, or Alternative Use of Crop or Acreage, of the CCIP Basic Provisions, revise section 14e1ii to allow the option to delay measurement of farm-stored production 180-day extension if allowed by the Special Provisions. Previously, the option was only allowed for grain crops. A Special Provisions statement will be created, and the extension will apply on a crop basis for crops that can easily and safely be stored and do not naturally deteriorate easily during farm storage, and therefore, are low risk for delaying measurements for loss adjustment.
Section 15, Production Included in Determining an Indemnity and Payment Reductions, discontinue reducing prevented planting payments on acreage that has been prevented from planting that is later cash rented. Prior to this rule, policy and procedure stated that if a producer receives cash rent for acreage that had been prevented from planting a first insured crop, the producer was limited to 35 percent of the prevented planting payment on the acreage regardless of the subsequent persons use of the rented acreage. With the removal of the November 1 date, as mentioned in the section 17 changes below, a producer with acreage claimed as prevented planting could plant a cover crop and hay, graze, or cut the cover crop for silage, haylage, or baleage without a reduction in their prevented planting payment. FCIC considers the benefits of using a cover crop as animal feed similar to the benefit of cash renting the acreage. Therefore, FCIC will no longer reduce prevented planting payments when acreage that has been prevented from planting is cash rented as long as it is not harvested for grain or seed.
Section 17, Prevented Planting, of the CCIP Basic Provisions, revise the policy provisions in response to a Prevented Planting Workgroup that included RMA
and industry representatives. Prevented planting is a feature of many crop insurance plans that provides a partial payment to cover certain pre-plant costs for a crop that was prevented from being planted due to an insurable cause of loss. The workgroup reviewed the current policy related to cover crops, volunteer crops, discussed impacts to the prevented planting program, and explored policy improvements. The workgroup also reviewed the requirement that acreage must be physically available for planting to be eligible for a prevented planting payment added November 30, 2020.
The 1 in 4 requirement is a part of the requirement that the acreage must be
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physically available for planting. The 1
in 4 requirement states that the acreage must have been planted to a crop, insured, and harvested or adjusted for a loss excluding flood, excess moisture, or drought or other cause of loss specified in the Special Provisions in at least 1 out of the previous 4 crop years.
The following lists the changes to section 17f:
Incorporate RMA Managers Bulletin MGR21004 by revising section 17f5 to allow a cover crop planted on acreage claimed as prevented from being planted to be hayed, grazed, or cut for silage, haylage, or baleage at any time without a reduction to the prevented planting payment, provided the producer meets all other policy provisions. Prior to this rule, throughout FCIC-approved procedures for cover crops and prevented planting, November 1 is used as a reference point for when a cover crop may be hayed, grazed, or cut for silage, haylage, or baleage. For example, a cover crop planted after the late planting period for a crop that was prevented from being planted may be hayed, grazed, or cut for silage, haylage, or baleage on or after November 1, and the producer could still receive a full prevented planting payment. If the cover crop was hayed, grazed, or cut for silage, haylage, or baleage before November 1, or harvested for grain or seed at any time, the cover crop was considered a second crop and the producers prevented planting payment was reduced by 65 percent.
As defined in the CCIP Basic Provisions, a cover crop is a crop generally recognized by agricultural experts as agronomically sound for the area for erosion control or other purposes related to conservation or soil improvement. FCIC rescinded the November 1 standard, as it relates to haying, grazing, or cutting for silage, haylage, or baleage of a cover crop from procedure for the 2021 and succeeding crop years. However, a cover crop harvested for grain or seed at any time will continue to result in a prevented planting payment reduction in accordance with section 15f2 of the CCIP Basic Provisions. Similar revisions were made for language consistency regarding double cropping eligibility determination in section 15g, Production Included in Determining an Indemnity and Payment Reductions, of the CCIP Basic Provisions.
Add language in section 17f8 to incorporate RMA Managers Bulletin MGR21002 which allows the annual regrowth for the crop year of an insured perennial Category B crop, such as alfalfa, red clover, or mint, to be considered planted when determining if
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the land is available for planting. In addition, the annual regrowth for the crop year of a perennial planted forage insured under Pasture, Rangeland, and Forage PRF reported with the intended use of haying is considered planted for the purpose of determining if the land is available for planting. Provided the land was planted including the clarifications stated above, insured, and harvested or adjusted for a loss excluding flood, excess moisture, or drought or other cause of loss specified in the Special Provisions within the same crop year in 1 of the last 4 crop years, the land would meet the current prevented planting available for planting 1 in 4 requirement.
Add language in section 17f8 to include another test to determine if the land was available for planting if it was not previously insured. If the land does not meet the current 1 in 4
requirement because crop insurance for a single crop or NAP coverage was not available, the land may qualify for prevented planting if the producer can prove the land was planted and harvested using good farming practices for the crop in at least 2 consecutive years out of the 4 previous crop years.
Add language in section 17f8 that will allow changes to the eligible for planting language through the Special Provisions, for the 1 in 4 requirement.
Add language in section 17f8 to allow for NAP coverage to qualify as insured for the 1 in 4 requirement.
Sunflower Seed Crop Provisions Add a new section 2, Unit Division, to allow enterprise and optional units by type for sunflower seed. Allowing separate enterprise and optional units enables producers to be indemnified separately by type. The benefit for producers is that a gain on one type e.g., confectionery type does not offset the loss payment on another type e.g., oil type. Enterprise units are attractive to producers because additional premium discounts are available as the risk is diversified across the county.
Since FCIC is adding a new section 2, all subsequent sections and references to subsequent sections will be renumbered accordingly.
FCIC is also updating the example in redesignated section 12 to reflect current market prices for a more accurate portrayal of the prices that producers are experiencing.
Coarse Grains Crop Provisions The Coarse Grains Crop Provisions were revised on June 29, 2020, with a final rule with request for comment.
FCIC is making the following revisions in response to comments received:

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