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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Proposed Rules
that this rule does not, to our knowledge, have Tribal implications that require Tribal consultation under E.O. 13175. The regulation changes do not have Tribal implications that preempt Tribal law and are not expected have a substantial direct effect on one or more Indian Tribes. If a Tribe requests consultation, RMA will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified in this rule are not expressly mandated by Congress.
The Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 UMRA, Pub. L.
1044 requires Federal agencies to assess the effects of their regulatory actions of State, local, and Tribal governments, or the private sector.
Agencies generally must prepare a written statement, including cost benefits analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule.
This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local, and Tribal governments, or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.
Federal Assistance Program The title and number of the Federal Domestic Assistance Program listed in the Catalog of Federal Domestic Assistance to which this rule applies is No. 10.450Crop Insurance.

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Paperwork Reduction Act of 1995
In accordance with the provisions of the Paperwork Reduction Act of 1995
44 U.S.C. chapter 35, subchapter I, the rule does not change the information collection approved by OMB under control numbers 05630053.
USDA Non-Discrimination Policy In accordance with Federal civil rights law and USDA civil rights regulations and policies, USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity including gender expression, sexual orientation, disability, age, marital status, family or
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parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA
not all bases apply to all programs.
Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information for example, braille, large print, audiotape, American Sign Language, etc. should contact the responsible Agency or USDA TARGET
Center at 202 7202600 or 844433
2774 toll-free nationwide.
Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD3027, found online at https www.usda.gov/oascr/
how-to-file-a-program-discriminationcomplaint and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call 866 632
9992. Submit your completed form or letter to USDA by mail to: U.S.
Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 202509410 or email:
OAC@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 7 CFR Part 457
Acreage allotments, Crop insurance, Reporting and recordkeeping requirements.
Proposed Rule For the reasons discussed above, FCIC
proposes to amend 7 CFR part 457 to read as follows:
PART 457COMMON CROP
INSURANCE REGULATIONS
1. The authority citation for 7 CFR
part 457 continues to read as follows:

Authority: 7 U.S.C. 1506l, 1506o.

2. Amend 457.158 by:
a. Revising the introductory text;
b. In section 1:
i. Adding in alphabetical order the definitions for Apple Supplemental Report, block, fresh fruit factor, graft, high density, maximum additional value price, and premium price election;
ii. Adding in the definition of Area A, a comma after the words New Mexico; and iii. Revising the definitions for damaged apple production, direct

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marketing, fresh apple production, and processing apple production;
c. Revising section 2;
d. Revising section 3;
e. Revising section 6;
f. In section 7:
i. Removing in paragraph c, the word and at the end of the sentence;
ii. Revising paragraph d; and iii. Adding new paragraphs e and f;
g. In section 9:
i. Removing in paragraph b3, the word If at the beginning of the paragraph and adding the words Except as provided in section 28 of the Basic Provisions, if in its place;
h. Revising section 11 paragraph b2;
i. In section 12:
i. Revising the example following paragraph b titled Basic Coverage Example;
ii. Removing in paragraph c1iv, the word ; and at the end of the sentence and adding . in its place;
iii. Redesignating paragraph c2 as 3, and adding a new paragraph c2;
and j. Revising section 14.
The revisions and additions read as follows:
457.158 Apple crop insurance provisions.

The apple crop insurance provisions for the 2023 and succeeding crop years are as follows:

1. Definitions

Apple Supplemental Report. A
written report, supported by acceptable records, submitted as required on our form and in accordance with section 3
and section 6, as applicable. The information contained on the report will be based on your sales history, as applicable, from the crop year prior to the previous crop year e.g., on the production reporting date for the 2023
crop year, the Apple Supplement Report reflects total revenue from the 2021 crop year.

Block. Trees in an orchard of a single or mixed age and density, distinguished by applicable practice, type, T-Yield Map Areas, or other characteristics shown in the actuarial documents.

Damaged apple production. Fresh or processing apple production that fails to grade U.S. No. 1 Processing or better in accordance with the applicable grade standards due to an insurable cause of loss.
Direct marketing. The sale of the insured crop directly to consumers
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