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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations organic acreage and transitional acreage to produce an organic crop that is approved by a certifying agent in accordance with 7 CFR part 205.

Second crop. With respect to a single crop year, the next occurrence of planting any agricultural commodity for harvest following a first insured crop on the same acreage. The second crop may be the same or a different agricultural commodity as the first insured crop, except the term does not include a replanted crop. If following a first insured crop, a cover crop that is planted on the same acreage and harvested for grain or seed is considered a second crop. A crop that is covered by NAP or receives other USDA benefits associated with forage crops is considered a second crop. A crop meeting the conditions stated in this definition is considered a second crop regardless of whether it is insured.

Transitional acreage. Acreage in transition to organic where organic farming practices are being followed, but the acreage does not yet qualify as certified organic acreage.

Volunteer crop. A crop that was planted in a previous crop year on the applicable acreage or drifted from other acreage, successfully self-seeded, and is growing this crop year on the applicable acreage without being intentionally sown or managed.

14. Duties in the Event of Damage, Loss, Abandonment, Destruction, or Alternative Use of Crop or Acreage

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ii Have harvested farm-stored production and elect, in writing, to delay measurement of your farm-stored production and settlement of any potential associated claim for indemnity as allowed by the Special Provisions Extensions will be granted for this purpose up to 180 days after the end of the insurance period.

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15. Production Included in Determining an Indemnity and Payment Reductions

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3 To a prevented planting payment if a cover crop that is planted after the late planting period or after the final planting date if a late planting period is not applicable is harvested for grain or
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seed by you or another person, at any time.

17. Prevented Planting

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ii Any volunteer crop is harvested for grain or seed at any time;
iii The act of haying, grazing, or cutting for silage, haylage, or baleage a cover crop or volunteer crop contributed to the acreage being prevented from being planted;
iv A cover crop is planted within or prior to the late planting period or on or prior to the final planting date if no late planting period is applicable and is harvested for grain or seed at any time.

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E Unless otherwise allowed in the Special Provisions, in at least 1 of the 4 most recent crop years immediately preceding the current crop year, have been planted to a crop planted includes annual regrowth of a perennial forage or mint crop:
1 Using recognized good farming practices;
2 Insured under the authority of the Act or NAP; and 3 That was harvested, or if not harvested, was adjusted for claim purposes under the authority of the Act or NAP due to an insured cause of loss other than a cause of loss related to flood, excess moisture, drought, or other cause of loss specified in the Special Provisions.
ii If you do not meet the requirements of section 17f8iE
because a crop specific plan of insurance offered under the authority of the Act or NAP was not available for the crops planted on the acreage in the 4
most recent crop years, the acreage may be considered physically available for planting if you can prove the acreage was planted and harvested using good farming practices in at least 2
consecutive years out of the 4 most recent crop years immediately preceding the current crop year.
iii Once any acreage does not satisfy the requirements in section 17f8iE
or 17f8ii, such acreage will be considered physically unavailable for planting until the acreage has been planted to a crop in accordance with 17f8iE for 2 consecutive crop years, or until such acreage meets the requirements of 17f8ii.

7. Amend 457.108 as follows:

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a. In the introductory text, remove the year 2021 and add 2022 in its place;
b. Redesignate sections 2 through 12
as sections 3 through 13;
c. Add a new section 2;
d. In newly redesignated section 9, in paragraph h, remove the phrase sections 8a through g and add the phrase sections 9a through g in its place;
e. In newly redesignated section 10, in paragraph a2, remove the phrase section 9a1 and add the phrase section 10a1 in its place; and f. In newly redesignated section 12:
i. In paragraph b2, remove the phrase section 11b1i or 11b1ii and add the phrase section 12b1i or 12b1ii in its place;
ii. In paragraph b4, remove the phrase section 11b3i or 11b3ii and add the phrase section 12b3i or 12b3ii in its place;
iii. In paragraph b5, remove the phrase section 11b4 from the result of section 11b2 and add the phrase section 12b4 from the result of section 12b2 in its place;
iv. In paragraph b6, remove the phrase section 11b5 and add the phrase section 12b5 in its place;
v. Revise the example immediately following paragraph b6;
vi. In paragraph c1iii, remove the phrase subsection 11d and add the phrase section 12d in its place; and vii. In paragraph d4, remove the phrase sections 11d2 and 3 and add the phrase sections 12d2 and 3 in its place.
The revisions and additions reads as follows:

457.108 Sunflower seed crop insurance provisions.

2. Unit Division a In addition to the requirements of section 34a of the Basic Provisions, you may elect separate enterprise units for confectionery or oil types if these types are allowed by the actuarial documents. If you elect enterprise units for these types, you may not elect enterprise or optional units by irrigation practices.
1 You may elect one enterprise unit for the confectionery type or one enterprise unit for the oil type, or separate enterprise units for both types, unless otherwise specified in the Special Provisions. For example: You may choose one enterprise unit for the confectionery type acreage and basic or optional units for the oil type acreage.
2 You must separately meet the requirements in section 34a4 for each enterprise unit.

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