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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
defined with specified in the definition of Following another crop FAC and Not following another crop NFAC Unless the Special Provisions actually contain definitions of the FAC and NFAC cropping practices the same or different from these in the Crop Provisions?, it would be more accurate to change defined to specified. This phrasing is commonly used in policies and procedures.
Response: FCIC agrees and is replacing the term defined with specified in the definition of Following another crop FAC and Not following another crop NFAC.
Comment: A commenter recommended adding the phrase, in the same crop year at the end of the definition of Following another crop FAC and Not following another crop NFAC as a clarification. While the reference to . . . in the same crop year might not be strictly necessary, it might a helpful clarification. For example, if a 2021 crop year spring crop is planted in spring of 2021, followed by a 2022 crop year fall crop planted on the same acreage in fall 2021, that fall crop is not considered FAC because those are two different crop years even though in the same calendar year.
Response: The FAC and NFAC
Special Provisions SP statements refer to calendar year and adding the reference to crop year in the Crop Provisions is conflicting and may cause even more confusion. No change will be made.

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Earlage Comment: A commenter stated that FCIC has expanded the term silage to include various usages such as earlage.
It would provide clarity to either include reference to earlage, etc., usages in the definition of Silage or revise the definition of Harvest to state:
Combining, threshing, or picking the insured crop for grain, or cutting for hay, silage including earlage, etc., or fodder.
Response: FCIC is revising the definition of harvest to include earlage and snaplage to treat earlage and snaplage consistent with grain, hay, or fodder.
Appraisals When Crop Is Harvested in a Manner Other Than Reported Comment: A commenter suggested adding the bolded language in section 11c, Duties in the Event of Damage or Loss: c If you will harvest any acreage in a manner other than as you reported it for coverage e.g., you reported planting it to harvest as grain but will harvest the acreage for silage, hay or fodder; or you reported planting it to
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harvest as silage but will harvest the acreage for grain, you must notify us before harvest begins so the acreage can be appraised as the type insured. Failure to timely provide notice will result in production to count determined in accordance with section 12c1iE.
Response: FCIC agrees and will clarify in section 11c that notice is required before harvest begins if a producer decides to harvest in a manner other than reported on their acreage report such as harvesting grain as silage or vice versa so the adjuster can appraise the acreage to determine production to count used for claim purposes.
Minor Editorial and Clarification Suggestions Comment: A commenter noted in section 2, Unit Division, if the producer elects separate EC, enterprise units by cropping practice for both FAC and NFAC cropping practices but then does not qualify for EC on one of the cropping practices and that is discovered on or before the acreage reporting date, the new option allows the insured to keep EC on the one that qualifies and have Basic Unit and/or Optional Unit on the other. With three options for unit structure in this situation, it is not necessary to have or at the end of 2a4iA.
Response: FCIC agrees and is removing the or from the end of the phrase in section 2a4iA.
Comment: A commenter noted in section 6e, Insured Crop, that this provision states, in part, that . . . the soybean crop insured will be all of the soybeans in the county that are planted for harvest as beans. emphasis added.
Since the term beans is not included in the definition of harvest nor elsewhere in the provisions, the commenter suggested either changing beans to soybeans, or by adding a definition of beans in section 1 to provide useful clarity.
Response: FCIC agrees and is replacing the term beans with soybeans for clarity.
In addition to the changes described above, FCIC has made the following changes:
Subpart R
In the General Administrative Regulations Subpart RAdministrative Remedies for Non-Compliance, FCIC is revising the cap on civil fines to reference the maximum amount specified in 7 CFR 3.91b7. Prior to this rule, the provisions list a fixed dollar amount of $10,000; however, this fine should be updated in accordance with 7 CFR 3.91b7 which is routinely adjusted for inflation.

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ARPI Basic Provisions and CCIP Basic Provisions For both ARPI Basic Provisions 7
CFR part 407 and CCIP Basic Provisions 7 CFR 457.8, in section 1, FCIC is:
Revising the definitions of buffer zone, certified organic acreage, organic farming practice, and transitional acreage to be consistent with the National Organic Program definitions. This will ensure terms are clear, descriptive, and consistent across USDA.
Revising the definition of cover crop to add a reference to the Special Provisions. A Special Provisions statement prohibits corn from being considered a cover crop if it was planted on acreage that has been prevented from being planted. Potential abuse was reported for the 2019 crop year regarding corn being planted on the same acreage after a prevented planting payment has been made and claimed as a cover crop when the corn was not planted for conservation purposes but rather the benefit of corn cut for silage.
Adding a definition of NAP for Non-Insured Crop Disaster Assistance Program. The term is used more than once throughout the policy.
Revising the definition of Second crop to remove the reference to a cover crop covered by FSAs Noninsured Crop Disaster Assistance Program NAP
because cover crops are not insurable under NAP.
Adding a definition of volunteer crop to define the term used in the policy and Crop Provisions. Throughout the policy the terms cover crop and volunteer crop are often in the same phrase. Cover crop is defined in the policy and it is appropriate to also define volunteer crop.
ARPI Basic Provisions A change applicable only to the ARPI
Basic Provisions 7 CFR part 407 is the removal of the Preamble language which references the crop year insurance is in effect. The crop year in effect for the crops covered under the ARPI Basic Provisions varies depending on the contract change date. The changes to the policy made in this rule are applicable for the 2022 and succeeding crop years for crops with a contract change date on or after November 30, 2021. For all other crops, the changes to the policy made in this rule are applicable for the 2023 and succeeding crop years. Therefore, FCIC
is removing the sentence in the Preamble.
CCIP Basic Provisions Other changes applicable only to the CCIP Basic Provisions 7 CFR 457.8 are:

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