[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Proposed Rules]
[Pages 3400-3404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1219]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 /
Proposed Rules
[[Page 3400]]
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 457
[Docket No. FCIC-11-0011]
RIN 0563-AC34
Common Crop Insurance Regulations; Peach Crop Insurance
Provisions
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to
amend the Common Crop Insurance Regulations, Peach Crop Insurance
Provisions. The intended effect of this action is to provide policy
changes, to clarify existing policy provisions to better meet the needs
of insured producers, and to reduce vulnerability to program fraud,
waste, and abuse. The proposed changes will be effective for the 2013
and succeeding crop years.
DATES: Written comments and opinions on this proposed rule will be
accepted until close of business March 26, 2012 and will be considered
when the rule is to be made final.
ADDRESSES: FCIC prefers that comments be submitted electronically
through the Federal eRulemaking Portal. You may submit comments,
identified by Docket ID No. FCIC-11-0011, by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Director, Product Administration and Standards
Division, Risk Management Agency, United States Department of
Agriculture, P.O. Box 419205, Kansas City, MO 64141-6205.
All comments received, including those received by mail, will be
posted without change to http://www.regulations.gov, including any
personal information provided, and can be accessed by the public. All
comments must include the agency name and docket number or Regulatory
Information Number (RIN) for this rule. For detailed instructions on
submitting comments and additional information, see http://www.regulations.gov. If you are submitting comments electronically
through the Federal eRulemaking Portal and want to attach a document,
we ask that it be in a text-based format. If you want to attach a
document that is a scanned Adobe PDF file, it must be scanned as text
and not as an image, thus allowing FCIC to search and copy certain
portions of your submission. For questions regarding attaching a
document that is a scanned Adobe PDF file, please contact the RMA Web
Content Team at (816) 823-4694 or by email at:
[email protected].
Privacy Act: Anyone is able to search the electronic form of all
comments received for any dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
complete User Notice and Privacy Notice for Regulations.gov at http://www.regulations.gov/#!privacyNotice.
FOR FURTHER INFORMATION CONTACT: Director, Product Administration and
Standards Division, Risk Management Agency, United States Department of
Agriculture, Beacon Facility, Stop 0812, Room 421, P.O. Box 419205,
Kansas City, MO 64141-6205, telephone (816) 926-7730.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be non-significant for the
purposes of Executive Order 12866 and, therefore, it has not been
reviewed by the Office of Management and Budget (OMB).
Paperwork Reduction Act of 1995
Pursuant to the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. chapter 35), the collections of information in this rule
have been approved by OMB under control number 0563-0053.
E-Government Act Compliance
FCIC is committed to complying with the E-Government Act of 2002,
to promote the use of the Internet and other information technologies
to provide increased opportunities for citizen access to Government
information and services, and for other purposes.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA),
establishes requirements for Federal agencies to assess the effects of
their regulatory actions on State, local, and tribal governments and
the private sector. This rule contains no Federal mandates (under the
regulatory provisions of title II of the 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.
Executive Order 13132
It has been determined under section 1(a) of Executive Order 13132,
Federalism, that this rule does not have sufficient implications to
warrant consultation with the States. The provisions contained in this
rule will not have a substantial direct effect on States, or on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. The review reveals that this regulation will not have
substantial and direct effects on Tribal governments and will not have
significant Tribal implications.
Regulatory Flexibility Act
FCIC certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. Program
requirements for the Federal crop insurance program are the same for
all producers regardless of the size of their farming operation. For
instance, all producers are required to submit an application and
acreage report to establish their insurance guarantees and compute
premium amounts, and all producers are required to submit a notice of
loss and production information to determine the amount of an indemnity
payment in the event of an insured cause of crop loss. Whether a
producer has 10 acres or 1000 acres, there is no difference in the
[[Page 3401]]
kind of information collected. To ensure crop insurance is available to
small entities, the Federal Crop Insurance Act authorizes FCIC to waive
collection of administrative fees from limited resource farmers. FCIC
believes this waiver helps to ensure that small entities are given the
same opportunities as large entities to manage their risks through the
use of crop insurance. A Regulatory Flexibility Analysis has not been
prepared since this regulation does not have an impact on small
entities, and, therefore, this regulation is exempt from the provisions
of the Regulatory Flexibility Act (5 U.S.C. 605).
Federal Assistance Program
This program is listed in the Catalog of Federal Domestic
Assistance under No. 10.450.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which require intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115, June 24, 1983.
Executive Order 12988
This proposed rule has been reviewed in accordance with Executive
Order 12988 on civil justice reform. The provisions of this rule will
not have a retroactive effect. The provisions of this rule will preempt
State and local laws to the extent such State and local laws are
inconsistent herewith. With respect to any direct action taken by FCIC
or to require the insurance provider to take specific action under the
terms of the crop insurance policy, the administrative appeal
provisions published at 7 CFR part 11 CFR part 400, subpart J, for the
informal administrative review process of good farming practices as
applicable, must be exhausted before any action against FCIC for
judicial review may be brought.
Environmental Evaluation
This action is not expected to have a significant economic impact
on the quality of the human environment, health, or safety. Therefore,
neither an Environmental Assessment nor an Environmental Impact
Statement is needed.
Background
FCIC proposes to amend the Common Crop Insurance Regulations (7 CFR
part 457) by revising Sec. 457.153, Peach Crop Insurance Provisions,
to be effective for the 2013 and succeeding crop years. Several
requests have been made for changes to improve the coverage offered,
address program integrity issues, simplify program administration, and
improve clarity of the policy provisions.
The proposed changes are as follows:
1. FCIC proposes to remove the paragraph immediately preceding
section 1 which refers to the order of priority in the event of a
conflict. This same information is contained in the Basic Provisions.
Therefore, it is duplicative and should be removed in the Crop
Provisions.
2. Section 1--FCIC proposes to remove the definition of ``actual
price per bushel for'' because the Free on Board (FOB) prices are no
longer consistently reported by the Agriculture Market News Service.
Therefore, FCIC's peach price elections for fresh U.S. Extra No. 1
(applicable size as specified in the Special Provisions) and processing
peaches will apply to these Crop Provisions.
FCIC proposes to add a definition of ``fresh'' and ``processing''
to be consistent with the other perennial crops. In the definition of
``fresh,'' FCIC proposes to include provisions to require insureds to
certify and, if requested by their insurance provider, provide
verifiable records to prove at least 50 percent of their fresh peach
acreage from each unit was sold as U.S. Extra No. 1 fresh peach
production in one or more of the four most recent crop years for the
unit to be eligible for fresh peach coverage. FCIC also proposes to
include provisions to require insureds to follow the recommended
cultural practices for fresh peach acreage in the county as determined
by agricultural experts. FCIC proposes to include provisions to specify
acreage not meeting all requirements for ``fresh peach acreage must be
designated on the acreage report as processing peach acreage. These
revisions will help ensure that only fresh peach production is insured
as fresh peach production. In the definition of ``processing,'' FCIC
proposes to include provisions that qualify peaches as processing if
they are sold, or could be sold for the purpose of undergoing a change
in their basic structure, such as juicing or peeling.
FCIC proposes to add a definition of ``post production costs'' to
define the costs associated with activities that occur during
harvesting, packing, transportation, and marketing, as determined by
FCIC. Insurance is limited to those perils and costs that occur while
the crop is in the field. Therefore, ``post production costs'' will be
deducted from the price data of peaches sold in determining an ``on
tree'' price which is the basis for FCIC's price election.
3. Section 2--FCIC proposes to add a new section 2 to allow
optional units by fresh and processing as specified in the Special
Provisions. Fresh and processing peaches may have significantly
different management practices, production risks and uses. Therefore,
allowing optional units by fresh and processing will allow insureds to
manage their risks more effectively. Also, FCIC proposes to add
provisions to allow optional units for non-contiguous land. These
changes are consistent with other perennial crops.
4. Redesignated section 3--FCIC proposes to add a new paragraph (a)
to allow the insured to select different coverage levels for all
insurable fresh peach acreage in the county and processing peach
acreage in the county. As stated above, since the risks may be
different for fresh and processing peaches, different coverage levels
will allow the insured to better tailor their insurance to their risks.
FCIC also proposes to revise redesignated section 3(b) to allow
different price elections for fresh and processing peaches. Again, this
will allow insureds to better manage their risks. These changes are
also consistent with other perennial crops.
FCIC proposes to revise redesignated section 3(c)(2) and section
3(4)(ii) to remove the word ``type'' because it is no longer
applicable.
FCIC proposes to designate the undesignated paragraph after
redesignated paragraph (c) as paragraph (d) and revise it to add
provisions to specify the effect if the insured fails to notify the
insurance provider by the start of the insurance period or before the
production reporting date of any situation that occurs during the crop
year that may reduce the yield potential. If the insured failed to
report such a situation by the production reporting date, any loss of
production from such acreage will result in an appraisal for uninsured
causes, and the yield used to establish the insured's production
guarantee will be reduced for the subsequent crop year. FCIC also
proposes to revise section 3(d) to remove the list of possible effects
on yield potential and to add language to redesignated section 3(c).
This will put all the effects in one place and eliminate redundancy.
These changes are also consistent with other perennial crops.
5. Section 6--FCIC proposes to add a new section 6 to require the
insured to report and designate all insurable peach acreage, as fresh
and processing peaches, by the acreage reporting date. These revisions
will help ensure that only fresh peach acreage is insured as fresh
peach acreage. It also allows the
[[Page 3402]]
insured to establish optional units by fresh and processing as
specified in the Special Provisions.
6. Redesignated section 7--FCIC proposes to add a new paragraph (f)
to clarify the insured crop is peaches grown for either fresh peach
production or processing peach production as defined in section 1. FCIC
also proposes to revise paragraph (c) to remove the phrase, ``of the
types or'' and ``(except Processing Peaches excluded in California)''
because peaches are now insurable by use that being fresh or
processing. Peaches are no longer insured by type. Processing peaches
are no longer excluded in California.
7. Redesignated section 11--FCIC proposes to add a new paragraph
(a) to clarify the insured must leave representative samples for
appraisal purposes if required by the insurance provider in accordance
with the Basic Provisions.
8. Redesignated section 12--FCIC proposes to add a new loss example
to provide clarity.
FCIC proposes to revise paragraph (c)(1) to remove the redundant
phrase, ``will be determined''.
FCIC proposes to revise paragraph (c)(1)(i)(B) to reference
redesignated section 11.
FCIC proposes to revise paragraph (c)(1)(iii) to clarify the total
production to count (in bushels) from all insurable acreage on the unit
will include all appraised production from unharvested peach acreage
that would be marketable, if harvested.
FCIC proposes to revise paragraph (c)(2) to clarify the total
production to count (in bushels) from all insurable acreage on the unit
will include all harvested marketable production. These changes are
consistent with other perennial crops to clarify production to count
used in determining indemnities will include all production from
insured acreage for appraised unharvested or harvested production that
is ``marketable'', as defined in these Crop Provisions.
FCIC proposes to revise paragraphs (c)(3)(i) and (c)(3)(ii) to
clarify and provide consistency in how quality loss adjustment will be
determined by adjusting the price received by peach growers to an on
tree price, since FCIC's price election is an on tree price. Quality
loss adjustment will be determined for peaches grown for fresh by
dividing the value of the damaged fresh peach production minus the post
production cost specified in the Special Provisions, by the fresh peach
price election. The result (not to exceed 1.00) will be multiplied the
number of bushels of the damaged fresh peach production for quality
adjustment. Quality adjustment will be determined for peaches grown for
processing by dividing the value of the damaged processing peach
production minus the post production costs specified in the Special
Provisions, by the processing peach price election. The result (not to
exceed 1.00) will be multiplied by the number of bushels of the damaged
processing peach production for quality adjustment.
List of Subjects in 7 CFR Part 457
Crop insurance, Peach, Reporting and recordkeeping requirements.
Proposed Rule
Accordingly, as set forth in the preamble, the Federal Crop
Insurance Corporation proposes to amend 7 CFR part 457 effective for
the 2013 and succeeding crop years as follows:
PART 457--COMMON CROP INSURANCE REGULATIONS
1. The authority citation for 7 CFR part 457 continues to read as
follows:
Authority: 7 U.S.C. 1506(l), 1506(o).
2. Amend Sec. 457.153 as follows:
a. Amend the introductory text by removing the ``2001'' and adding
``2013'' in its place;
b. Remove the undesignated paragraph immediately preceding section
1.
c. Amend section 1 as follows:
i. Add definitions of ``fresh'', ``post production cost'',
``processing'' and;
ii. Remove the definition of ``actual price per bushel for''.
d. Redesignate sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 as 3, 4,
5, 7, 8, 9,10,11,12, and 13, respectively.
e. Add a new section 2.
f. Amend redesignated section 3 as follows:
i. Remove the phrase ``(Insurance Guarantees, Coverage Levels, and
Prices for Determining Indemnities)'' in the introductory text;
ii. Redesignate paragraphs (a), (b), and (c) as (b), (c), and (e),
respectively, and adding a new paragraph (a);
iii. Revise redesignated paragraphs (b) and (c);
iv. Designate the undesignated paragraph following redesignated
paragraph (c) as paragraph (d); and
v. Revise designated paragraph (d).
g. Amend redesignated section 4 by removing the phrase ``(Contract
Changes)''.
h. Amend redesignated section 5 by removing the phrase ``(Life of
Policy, Cancellation and Termination)''.
i. Add a new section 6.
j. Amend redesignated section 7 as follows:
i. Remove the phrase ``(Insured Crop)'';
ii. Revise paragraph (b)(3) by removing the period at the end and
adding a semicolon in its place;
iii. Revise paragraph (c) by removing phrases ``of the types or''
and ``except Processing Peaches excluded in California'';
iv. Revise paragraph (d) by removing the word ``and'' at the end;
v. Revise paragraph (e) by removing the period at the end and
adding the phrase ``; and'' in its place; and
vi. Add a new paragraph (f).
k. Amend redesignated section 8 by removing the phrase ``(Insurable
Acreage)''.
l. Amend redesignated section 9 as follows:
i. Remove the phrase ``(Insurance Period)''in paragraphs (a) and
(b); and
ii. Revise paragraph (c) by removing the phrase ``(a)(1)'' and
adding the phrase ``9(a)(1)'' in its place.
m. Amend redesignated section 10 by removing the phrase ``(Causes
of Loss)'' in paragraphs (a) and (b).
n. Amend redesignated section 11 as follows:
i. Redesignate the introductory text as paragraph (b);
ii. Redesignate paragraphs (a), (b), (c), and (d) as (1), (2), (3),
and (4), respectively;
iii. Add a new paragraph (a); and
iv. Remove the phrase ``(Duties in the Event of Damage or Loss)''
in redesignated paragraph (b).
o. Amend redesignated section 12 as follows:
i. Revise paragraph (b);
ii. Add a loss example after paragraph (b)(7);
iii. Revise paragraph (c)(1):
iv. Revise paragraph (c)(1)(i)(B);
v. Revise paragraph (c)(1)(iii);
vi. Revise paragraph (c)(2); and
vii. Revise paragraphs (c)(3)(i) and (c)(3)(ii).
The revised and added text reads as follows:
Sec. 457.153 Peach crop insurance provisions.
* * * * *
1. Definitions.
* * * * *
Fresh.
(1) Peach production from insurable acreage that:
(i) Are sold, or could be sold, for human consumption without
undergoing any change in its basic form, such as peeling, juicing,
crushing, etc.;
(ii) Grade at least U.S. Extra No. 1 or better consisting of the
minimum diameter as specified in the Special Provisions;
[[Page 3403]]
(iii) Are from acreage that is designated as fresh peaches on the
acreage report;
(iv) Follow the recommended cultural practices generally in use for
fresh peach in the area in a manner generally recognized by
agricultural experts; and
(v) Are from acreage that you certify, and, if requested by us
provide verifiable records to support, that at least 50 percent of the
production from acreage reported as fresh peach acreage from each unit,
was sold as fresh peaches in one or more of the four most recent crop
years.
(2) Acreage with production not meeting all the requirements above
must be designated on the acreage report as processing peach
production.
* * * * *
Post production costs. The costs, as specified in the Special
Provisions associated with activities that occur during harvesting,
packing, transportation, and marketing, as determined by FCIC.
Processing. Peach production from insurable acreage failing to meet
the insurability requirements for fresh peach production that are:
(1) Sold, or could be sold, for the purpose of undergoing a change
to its basic structure such as peeling, juicing, crushing, etc.; or
(2) From acreage designated as processing peaches on the acreage
report.
* * * * *
2. Unit Division.
In addition to the requirements contained in section 34(b) of the
Basic Provisions, optional units may be established if each optional
unit is:
(a) Located on non-contiguous land; or
(b) By fresh and processing as specified in the Special Provisions.
3. Insurance Guarantees, Coverage Levels, and Prices for
Determining Indemnities.
* * * * *
(a) You may select a separate coverage level for all fresh peach
acreage and for all processing peach acreage. For example, if you
choose the 55 percent coverage level for all fresh peach acreage, you
may choose the 75 percent coverage level for all processing peach
acreage.
(1) Notwithstanding paragraph (a), if you elect the Catastrophic
Risk Protection (CAT) level of coverage for fresh peach acreage or
processing peach acreage, the CAT level of coverage will be applicable
to all insured peach acreage in the county of both fresh and processing
peaches.
(2) If you only have fresh peach acreage designated on your acreage
report and processing peach acreage is added after the sales closing
date, we will assign a coverage level equal to the coverage level you
selected for your fresh peach acreage.
(3) If you only have processing peach acreage designated on your
acreage report and fresh peach acreage is added after the sales closing
date, we will assign a coverage level equal to the coverage level you
selected for your processing peach acreage.
(b) You may select only one price election for all the peaches in
the county insured under this policy unless the Special Provisions
provide different price elections by fresh and processing peaches. If
the Special Provisions allow different price elections, you may select
a separate price election for all your fresh peaches and for all your
processing peaches. If the Special Provisions do not allow for
different price elections, the price elections you choose for fresh and
processing must have the same percentage relationship to the maximum
price offered by us for fresh and processing peaches. For example, if
you choose 100 percent of the maximum price election for fresh peaches,
you must choose 100 percent of the maximum price election for all
processing peaches.
(c) You must report, not later than the production reporting date
designated in section 3 of the Basic Provisions, separately by fresh
and processing acreage, as applicable:
(1) Any event or action that could impact the yield potential of
the insured crop including, interplanted of a perennial crop, removal
of trees, any tree damage, change in practices, or any other
circumstance that may reduce the expected yield upon which the
insurance guarantee is based, and the number of affected acres;
(2) * * *
(3) The age of trees, variety, and the planting pattern; and
(4) * * *
(i) * * *
(ii) The variety;
(iii) * * *
(iv) * * *
(d) We will reduce the yield used to establish your production
guarantee, as necessary, based on our estimate of the effect of any
situation listed in section 3(c). If the situation occurred:
(1) Before the beginning of the insurance period, we will reduce
the yield used to establish your production guarantee for the current
crop year as necessary. If you fail to notify us of any circumstance
that may reduce your yields from previous levels, we will reduce your
production guarantee at any time we become aware of the circumstance;
(2) Or may occur after the beginning of the insurance period and
you notify us by the production reporting date, the yield used to
establish your production guarantee is due to an uninsured cause of
loss; or
(3) Or may occur after the beginning of the insurance period and
you fail to notify us by the production reporting date, production lost
due to uninsured causes equal to the amount of the reduction in yield
used to establish your production guarantee will be applied in
determining any indemnity (see section 12(c)(1)(ii). We will reduce the
yield used to establish your production guarantee for the subsequent
crop year.
(e) * * *
* * * * *
6. Report of Acreage.
In addition to the requirements contained in section 6 of the Basic
Provisions, you must report and designate all acreage of peaches as
fresh or processing peaches by the acreage reporting date.
7. Insured Crop.
* * * * *
(c) That the crop insured will be any varieties of peaches that are
grown for the production of fresh or processing peaches on insured
acreage and for which a guarantee and premium rate are provided by the
actuarial documents.
* * * * *
(f) That are grown for:
(1) Fresh peach production; or
(2) Processing peach production.
* * * * *
11. Duties In the Event of Damage or Loss.
(a) In accordance with the requirements of section 14 of the Basic
Provisions, you must leave representative samples in accordance with
our procedures.
(b) * * *
(1) * * *
(2) * * *
(3) * * *
(4) * * *
12. Settlement of Claim.
* * * * *
(b) * * *
(1) Multiplying the insured acreage for fresh and processing
peaches, as applicable, by its respective production guarantee;
(2) Multiplying each result in section 12(b)(1) by the respective
price election;
(3) Totaling the results in section 12(b)(2);
(4) Multiplying the total production to be counted of fresh and
processing peaches, as applicable (see subsection 12(c)) by the
respective price election;
[[Page 3404]]
(5) Totaling the results in section 12(b)(4);
(6) Subtracting the total in section 12(b)(5) from the total in
section 12(b)(3); and
(7) Multiplying the result in section 12(b)(6) by your share.
Example: You have a 100 percent share in one basic unit with 10
acres of fresh peaches and 5 acres of processing peaches designated
on your acreage report, with a 300 bushel per acre production
guarantee for both fresh and processing peaches, and you select 100
percent of the price election of $15.50 per bushel for fresh peaches
and $6.50 per bushel for processing peaches. You harvest 2,500
bushels of fresh peaches and 500 bushels of processing peaches. Your
indemnity will be calculated as follows:
(A) 10 acres x 300 bushels = 3,000 bushel production guarantee
of fresh peaches;
5 acres x 300 bushels = 1,500 bushel production guarantee of
processing peaches;
(B) 3,000 bushel production guarantee x $15.50 price election =
$46,500 value of the production guarantee for fresh peaches;
1,500 bushel production guarantee x $6.50 price election =
$9,750 value of the production guarantee for processing peaches;
(C) $46,500 value of the production guarantee for fresh peaches
+ $9,750 value of the production guarantee for processing peaches =
$56,250 total value of the production guarantee;
(D) 2,500 bushels of fresh peach production to count x $15.50
price election = $38,750 value of the fresh peach production to
count;
500 bushels of processing peach production to count x $6.50
price election = $3,250 value of the processing peach production to
count;
(E) $38,750 value of the fresh peach production to count +
$3,250 value of the processing peach production to count = $42,000
total value of the production to count;
(F) $56,250 total value of the production guarantee--$42,000
total value of the production to count = $ 14,250 value of loss; and
(G) $14,250 value of loss x 100 percent share = $14,250
indemnity payment.
(c) * * *
(1) All appraised production as follows:
* * * * *
(i) * * *
(B) From which production is sold by direct marketing if you fail
to meet the requirements contained in section 11.
* * * * *
(iii) Unharvested peach production that would be marketable if
harvested; and
* * * * *
2. All harvested marketable peach production from the insurable
acreage.
(3) * * *
(i) For fresh peaches by:
(A) Dividing the value of the damaged peaches minus the post
production cost specified in the Special Provisions, by the fresh peach
price election; and
(B) Multiplying the result of section 12(c)(3)(i)(A) (not to exceed
1.00) by the number of bushels of the damaged fresh peaches.
(ii) For processing peaches by:
(A) Dividing the value of the damaged peaches minus the post
production cost specified in the Special Provisions, by the processing
peach price election; and
(B) Multiplying the result of section 12(c)(3)(ii)(A) (not to
exceed 1.00) by the number of bushels of the damaged processing
peaches.
* * * * *
Signed in Washington, DC, on January 13, 2012.
William J. Murphy,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 2012-1219 Filed 1-23-12; 8:45 am]
BILLING CODE 3410-08-P