[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Notices]
[Pages 66839-66866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30952]
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DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
Crop Revenue Coverage
ACTION: Notice of availability.
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SUMMARY: In accordance with section 508(h) of the Federal Crop
Insurance Act (Act), since 1996 the Federal Crop Insurance Corporation
(FCIC) Board of Directors (Board) has approved for reinsurance and
subsidy the insurance of corn, grain sorghum, soybeans, cotton, rice,
and spring wheat in select states and counties under the Crop Revenue
Coverage (CRC) plan of insurance submitted by American Agrisurance
(AmAg). This notice is intended to inform eligible producers and the
private insurance industry of coverage changes for corn, grain sorghum,
soybeans, cotton, rice, spring wheat, and durum wheat for the 2000 crop
year.
FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Director, Product
Development Division, Federal Crop Insurance Corporation, United States
Department of Agriculture, 9435 Holmes Road, Kansas City, Missouri,
64131, telephone (816) 926-7387.
SUPPLEMENTARY INFORMATION: Section 508(h) of the Act allows for the
submission of a policy to FCIC's Board and authorizes the Board to
review and, if the Board finds that the interests of producers are
adequately protected and that any premiums charged to the producers are
actuarially appropriate, approve the policy for reinsurance and subsidy
in accordance with section 508(e) of the Act.
In accordance with section 508(h) of the Act, the Board approved a
program of insurance known as CRC, submitted by American Agrisurance, a
managing general agency for Redland Insurance Company. All terms and
conditions of the policy and all premium rates are determined by AmAg.
FCIC does not have the authority to modify or waive any terms or
conditions. FCIC only has the authority to approve or disapprove the
terms and conditions submitted by AmAg.
The CRC program has been approved for reinsurance and premium
subsidy, including subsidy for administrative and operating expenses in
an amount authorized under section 508(e) of the Act. CRC is designed
to protect producers against both price and yield losses.
AmAg has requested the following changes in the CRC program for
corn, grain sorghum, soybeans, cotton, rice, and spring wheat for the
2000 crop year: (1) to expand the CRC program for corn into all
counties in the states of Connecticut, Delaware, Maine, Massachusetts,
New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, and West Virginia where multiple peril crop insurance (MPCI)
is available for corn; (2) to expand the CRC program for soybeans into
all counties in the states of Colorado, Delaware, New Jersey, New York,
Pennsylvania, and West Virginia where MPCI is available for soybeans;
(3) to provide written agreements for CRC coverage on those crops
approved for CRC in counties without a CRC actuarial table, provided an
MPCI rate is made available from FCIC; (4) to provide written unit
agreements for optional units formed across section lines or optional
units from oversized sections; (5) to remove the 95 percent price
percentage option; (6) allow AmAg to offer 80 and 85 percent coverage
where RMA offers such coverage; (7) revise the CRC program for durum
wheat to allow durum wheat coverage only in 15 counties in North
Dakota; (8) use the Minneapolis Grain Exchange (MGE) durum wheat
futures market price to determine base and harvest prices for spring
durum wheat; and (9) require durum wheat producers who apply for CRC
coverage to use their approved durum wheat actual production history
(APH) yield or if the producer does not have a durum wheat APH yield, a
wheat T-yield will be used to establish coverage.
FCIC herewith gives notice of the above stated changes for the 2000
crop year for CRC corn, grain sorghum, soybeans, cotton, rice, and
spring wheat for use by private insurance companies.
The CRC policies, underwriting rules, and rate factors for 2000
spring crops will be released electronically to all reinsured companies
through FCIC's Website.
Notice: The revised Basic Provisions, Crop Provisions, and
Commodity Exchange Endorsements for the 2000 CRC spring crop
programs of insurance are as follows:
Crop Revenue Coverage (CRC) Insurance Policy
(This is a continuous policy. Refer to section 3.)
This policy is reinsured by the Federal Crop Insurance Corporation
(FCIC) under the authority of section
[[Page 66840]]
508(h) of the Federal Crop Insurance Act, as amended (7 U.S.C.
1508(h)). The provisions of the policy may not be waived or varied in
any way by the crop insurance agent or any other agent or employee of
FCIC or us. In the event we cannot pay your loss, your claim will be
settled in accordance with the provisions of this policy and paid by
FCIC. No state guarantee fund will be liable to pay the loss.
Throughout the policy, ``you'' and ``your'' refer to the named
insured shown on the accepted application and ``we,'' ``us,'' and
``our'' refer to the insurance company providing insurance. Unless the
context indicates otherwise, use of the plural form of a word includes
the singular and use of the singular form of the word includes the
plural.
Agreement to Insure: In return for the payment of the premium, and
subject to all of the provisions of this policy, we agree with you to
provide the insurance as stated in the policy. If a conflict exists
among the policy provisions, the order of priority is as follows: (1)
The Special Provisions; (2) the Commodity Exchange Endorsement; (3) the
Crop Provisions; and (4) these Basic Provisions, with (1) controlling
(2), etc.
Basic Provisions
Terms and Conditions
1. Definitions
Abandon. Failure to continue to care for the crop, providing care
so insignificant as to provide no benefit to the crop, or failure to
harvest in a timely manner, unless an insured cause of loss prevents
you from properly caring for or harvesting the crop or causes damage to
it to the extent that most producers of the crop on acreage with
similar characteristics in the area would not normally further care for
or harvest it.
Acreage report. A report required by section 7 of these Basic
Provisions that contains, in addition to other required information,
your report of your share of all acreage of an insured crop in the
county, whether insurable or not insurable.
Acreage reporting date. The date contained in the Special
Provisions or as provided in section 7 by which you are required to
submit your acreage report.
Act. The Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
Actuarial documents. The material for the crop year which is
available for public inspection in your agent's office, and which show
the revenue guarantees, coverage levels, premium rates, practices,
insurable acreage, and other related information regarding crop
insurance in the county.
Additional coverage. Plans of crop insurance providing a level of
coverage equal to or greater than 65 percent of the approved yield
indemnified at 100 percent of the Base Price, or a comparable coverage.
Administrative fee. An amount you must pay for limited and
additional coverage for each crop year as specified in section 8.
Agricultural commodity. All insurable crops and other fruit,
vegetable or nut crops produced for human or animal consumption.
Another use, notice of. The written notice required when you wish
to put acreage to another use (see section 15).
Application. The form required to be completed by you and accepted
by us before insurance coverage will commence. This form must be
completed and filed in your agent's office not later than the sales
closing date of the initial insurance year for each crop for which
insurance coverage is requested. If cancellation or termination of
insurance coverage occurs for any reason, including but not limited to
indebtedness, suspension, debarment, disqualification, cancellation by
you or us, or violation of the controlled substance provisions of the
Food Security Act of 1985, a new application must be filed for the
crop. Insurance coverage will not be provided if you are ineligible
under the contract or under any Federal statute or regulation.
Approved yield. The yield determined in accordance with 7 CFR part
400, subpart G. This yield is established for basic or optional units.
The approved yield for each basic or optional unit comprising an
enterprise unit is retained for premium and final guarantee purposes
under an enterprise unit.
Assignment of indemnity. A transfer of policy rights, made on our
form, and effective when approved by us. It is the arrangement whereby
you assign your right to an indemnity payment to any party of your
choice for the crop year.
Base price. The initial price determined in accordance with the
Commodity Exchange Endorsement and used to calculate your premium and
Minimum Guarantee.
CRC low price factor. A premium factor, as set forth in the
actuarial documents, used to calculate the risk associated with a
decrease in the Harvest Price relative to the Base Price.
CRC high price factor. A premium factor, as set forth in the
actuarial documents, used to calculate the risk associated with an
increase in the Harvest Price relative to the Base Price.
CRC rate. A premium rate, as set forth in the actuarial documents,
used to calculate the risk associated with producing a level of
production.
Calculated revenue--The production to count for the insured crop
multiplied by the Harvest Price.
Cancellation date. The calendar date specified in the Crop
Provisions on which coverage for the crop will automatically renew
unless canceled in writing by either you or us, or terminated in
accordance with the policy terms.
Claim for indemnity. A claim made on our form by you for damage or
loss to an insured crop and submitted to us not later than 60 days
after the Harvest Price is released (see section 15).
Consent. Approval in writing by us allowing you to take a specific
action.
Contract. (see ``Policy''.)
Contract change date. The calendar date by which we make any policy
changes available for inspection in the agent's office (see section 5).
County. Any county, parish, or other political subdivision of a
state shown on your accepted application, including acreage in a field
that extends into an adjoining county if the county boundary is not
readily discernible.
Coverage. The insurance provided by this policy, against insured
loss of revenue by unit as shown on your summary of coverage.
Coverage begins, date. The calendar date insurance begins on the
insured crop, as contained in the Crop Provisions, or the date planting
begins on the unit (see section 12 of these Basic Provisions for
specific provisions relating to prevented planting).
Crop provisions. The part of the policy that contains the specific
provisions of insurance for each insured crop.
Crop year. The period within which the insured crop is normally
grown, regardless of whether or not it is actually grown, and
designated by the calendar year in which the insured crop is normally
harvested.
Damage. Injury, deterioration, or loss of revenue of the insured
crop due to insured or uninsured causes.
Damage, notice of. A written notice required to be filed in your
agent's office whenever you initially discover the insured crop has
been damaged to the extent that a loss is probable (see section 15).
Days. Calendar days.
Deductible. The amount determined by subtracting the coverage level
percentage you choose from 100 percent. For example, if you elected a
65
[[Page 66841]]
percent coverage level, your deductible would be 35 percent
(100%-65%=35%).
Delinquent account. Any account you have with us in which premiums,
and interest on those premiums, is not paid by the termination date
specified in the Crop Provisions, or any other amounts due us, such as
indemnities found not to have been earned, which are not paid within 30
days of our mailing or other delivery of notification to you of the
amount due.
Earliest planting date. The earliest date established for planting
the insured crop (see Special Provisions and section 14).
End of insurance period, date of. The date upon which your crop
insurance coverage ceases for the crop year (see Crop Provisions and
section 12).
FCIC. The Federal Crop Insurance Corporation, a wholly owned
government corporation within USDA.
Field. All acreage of tillable land within a natural or artificial
boundary (e.g., roads, waterways, fences, etc.).
Final guarantee. The number of dollars guaranteed per acre
determined to be the higher of the Minimum Guarantee or the Harvest
Guarantee, where:
(1) Minimum Guarantee--The approved yield per acre multiplied by
the Base Price multiplied by the coverage level percentage you elect.
(2) Harvest Guarantee--The approved yield per acre multiplied by
the Harvest Price, multiplied by the coverage level percentage you
elect. If you elect enterprise unit coverage, the basic units or
optional units comprising the enterprise unit will retain separate
Final Guarantees.
Final planting date. The date contained in the Special Provisions
for the insured crop by which the crop must initially be planted in
order to be insured for the full Final Guarantee.
FSA. The Farm Service Agency, an agency of the USDA, or a successor
agency.
FSA farm serial number. The number assigned to the farm by the
local FSA office.
Good farming practices. The cultural practices generally in use in
the county for the crop to make normal progress toward maturity and
produce at least the yield used to determine the Final Guarantee and
are those recognized by the Cooperative State Research, Education, and
Extension Service as compatible with agronomic and weather conditions
in the county.
Harvest Price. The final price determined in accordance with the
Commodity Exchange Endorsement and used to calculate your Calculated
Revenue and the Harvest Guarantee.
Insured. The named person shown on the application accepted by us.
This term does not extend to any other person having a share or
interest in the crop (for example, a partnership, landlord, or any
other person) unless specifically indicated on the accepted
application.
Insured crop. The crop for which coverage is available under these
Basic Provisions and the applicable Crop Provisions as shown on the
application accepted by us.
Interplanted. Acreage on which two or more crops are planted in a
manner that does not permit separate agronomic maintenance or harvest
of the insured crop.
Irrigated practice. A method of producing a crop by which water is
artificially applied during the growing season by appropriate systems
and at the proper times, with the intention of providing the quantity
of water needed to produce at least the yield used to establish the
Final Guarantee on the irrigated acreage planted to the insured crop.
Late planted. Acreage initially planted to the insured crop after
the final planting date.
Late planting period. The period that begins the day after the
final planting date for the insured crop and ends 25 days after the
final planting date, unless otherwise specified in the Crop Provisions
or Special Provisions.
Limited coverage. Plans of insurance offering coverage that is
equal to or greater than 50 percent of the approved yield indemnified
at 100 percent of the Base Price, or a comparable coverage, but less
than 65 percent of the approved yield indemnified at 100 percent of the
Base Price, or a comparable coverage.
Limited resource farmer. A producer or operator of a farm:
(a) With an annual gross income of $20,000 or less derived from all
sources, including income from a spouse or other members of the
household, for each of the prior two years; or
(b) With less than 25 acres aggregated for all crops, where a
majority of the producer's gross income is derived from such farm or
farms, but the producer's gross income from farming operations does not
exceed $20,000.
Loss, notice of. The notice required to be given by you not later
than 72 hours after certain occurrences or 15 days after the end of the
insurance period, whichever is earlier (see section 15).
MPCI. Multiple peril crop insurance program, a program of insurance
offered under the Act and implemented in 7 CFR chapter IV.
Negligence. The failure to use such care as a reasonably prudent
and careful person would use under similar circumstances.
Non-contiguous. Any two or more tracts of land whose boundaries do
not touch at any point, except that land separated only by a public or
private right-of-way, waterway, or an irrigation canal will be
considered as contiguous.
Person. An individual, partnership, association, corporation,
estate, trust, or other legal entity, and wherever applicable, a State
or a political subdivision or agency of a State. ``Person'' does not
include the United States Government or any agency thereof.
Planted acreage. Land in which seed, plants, or trees have been
placed appropriate for the insured crop and planting method, at the
correct depth, into a seedbed that has been properly prepared for the
planting method and production practice.
Policy. The agreement between you and us consisting of the accepted
application, these Basic Provisions, the Crop Provisions, the Special
Provisions, other applicable endorsements or options, the actuarial
documents for the insured crop, and the applicable regulations
published in 7 CFR chapter IV.
Practical to replant. Our determination, after loss or damage to
the insured crop, based on all factors, including, but not limited to
moisture availability, marketing window, condition of the field, and
time to crop maturity, that replanting the insured crop will allow the
crop to attain maturity prior to the calendar date for the end of the
insurance period. It will not be considered practical to replant after
the end of the late planting period, or the final planting date if no
late planting period is applicable, unless replanting is generally
occurring in the area. Unavailability of seed or plants will not be
considered a valid reason for failure to replant.
Premium billing date. The earliest date upon which you will be
billed for insurance coverage based on your acreage report. The premium
billing date is contained in the Special Provisions.
Prevented planting. Failure to plant the insured crop with proper
equipment by the final planting date designated in the Special
Provisions for the insured crop in the county. You may also be eligible
for a prevented planting payment if you failed to plant the insured
crop with the proper equipment within the late planting period. You
must have been prevented from planting the insured crop due to an
insured
[[Page 66842]]
cause of loss that is general in the surrounding area and that prevents
other producers from planting acreage with similar characteristics.
Production report. A written record showing your annual production
and used by us to determine your yield for insurance purposes (see
section 4). The report contains yield information for previous years,
including planted acreage and harvested production. This report must be
supported by written verifiable records from a warehouseman or buyer of
the insured crop, by measurement of farm-stored production, or by other
records of production approved by us on an individual case basis.
Replanting. Performing the cultural practices necessary to prepare
the land to replace the seed or plants of the damaged or destroyed
insured crop and then replacing the seed or plants of the same crop in
the insured acreage with the expectation of producing at least the
yield used to determine the Final Guarantee.
Representative sample. Portions of the insured crop that must
remain in the field for examination and review by our loss adjuster
when making a crop appraisal, as specified in the Crop Provisions. In
certain instances we may allow you to harvest the crop and require only
that samples of the crop residue be left in the field.
Sales closing date. A date contained in the Special Provisions by
which an application must be filed. The last date by which you may
change your crop insurance coverage for a crop year.
Section (for the purposes of unit structure). A unit of measure
under a rectangular survey system describing a tract of land usually
one mile square and usually containing approximately 640 acres.
Share. Your percentage of interest in the insured crop as an owner,
operator, or tenant at the time insurance attaches. However, only for
the purpose of determining the amount of indemnity, your share will not
exceed your share at the earlier of the time of loss, or the beginning
of harvest.
Special Provisions. The part of the policy that contains specific
provisions of insurance for each insured crop that may vary by
geographic area.
State. The state shown on your accepted application.
Substantial benefit interest. An interest held by any person of at
least 10 percent in the applicant or insured.
Summary of coverage. Our statement to you, based upon your acreage
report, specifying the insured crop and the Revenue Guarantee provided
by unit.
Tenant. A person who rents land from another person for a share of
the crop or a share of the proceeds of the crop (see the definition of
``share'' above).
Termination date. The calendar date contained in the Crop
Provisions upon which your insurance ceases to be in effect because of
nonpayment of any amount due us under the policy, including premium.
Timely planted. Planted on or before the final planting date
designated in the Special Provisions for the insured crop in the
county.
Unit.
(a) Basic unit--A unit established in accordance with section 2(a).
(b) Optional unit--A unit established from basic units in
accordance with section 2(b).
(c) Enterprise unit--A unit established from basic units or
optional units in accordance with section 2(c).
USDA. United States Department of Agriculture.
Void. When the policy is considered not to have existed for a crop
year as a result of concealment, fraud, or misrepresentation (see
section 27).
Written Agreement. A document that alters designated terms of a
policy as authorized under these Basic Provisions (see section 34).
2. Unit Structure
(a) Basic unit--All insurable acreage of the insured crop in the
county on the date coverage begins for the crop year:
(1) In which you have 100 percent crop share; or
(2) Which is owned by one person and operated by another person on
a share basis. (Example: If, in addition to the land you own, you rent
land from five landlords, three on a crop share basis and two on a cash
basis, you would be entitled to four units; one for each crop share
lease and one that combines the two cash leases and the land you own.)
Land rented for cash, a fixed commodity payment, or a consideration
other than a share in the insured crop, or proceeds from the sale of
the insured crop, on such land will be considered as owned by the
lessee (see definition of ``share'' above).
(b) Optional unit--Unless limited by the Crop Provisions or Special
Provisions, a basic unit as defined in section 2(a) may be divided into
optional units if, for each optional unit:
(1) You meet the following:
(i) You have records, that are acceptable to us, of planted acreage
and the production from each optional unit for at least the last crop
year used to determine your Final Guarantee;
(ii) You must plant the crop in a manner that results in a clear
and discernable break in the planting pattern at the boundaries of each
optional unit;
(iii) All optional units you select for the crop year are
identified on the acreage report for that crop year (Units will be
determined when the acreage is reported but may be adjusted or combined
to reflect the actual unit structure when adjusting a loss. No further
unit division may be made after the acreage reporting date for any
reason); and
(iv) You have records of marketed or stored production from each
optional unit maintained in such a manner that permits us to verify the
production from each optional unit, or the production from each
optional unit is kept separate until loss adjustment is completed by
us.
(2) It meets one or more of the following, unless otherwise
specified in the Crop Provisions or allowed by written agreement (Note:
No written agreement is allowed for optional units created across
section lines or in oversized sections if the acreage is located in a
high risk area):
(i) Optional units may be established if each optional unit is
located in a separate section. In the absence of sections, we may
consider parcels of land legally identified by other methods of measure
such as Spanish grants, as the equivalents of sections for unit
purposes. In areas which have not been surveyed using sections, section
equivalents or in areas where boundaries are not readily discernible,
each optional unit must be located in a separate FSA farm serial
number; and
(ii) In addition to, or instead of, establishing optional units by
section, section equivalent or FSA farm serial number, optional units
may be based on irrigated and non-irrigated acreage. To qualify as
separate irrigated and non-irrigated optional units, the non-irrigated
acreage may not continue into the irrigated acreage in the same rows or
planting pattern. The irrigated acreage may not extend beyond the point
at which the irrigation system can deliver the quantity of water needed
to produce the yield on which the Final Guarantee is based, except the
corners of a field in which a center-pivot irrigation system is used
may be considered as irrigated acreage if the corners of a field in
which a center-pivot irrigation system is used do not qualify as a
separate non-irrigated optional unit. In this case, production from
both practices will be used to determine your approved yield.
(3) If you do not comply fully with the provisions in this section,
we will combine all optional units that are not in compliance with
these provisions into the basic unit from which they
[[Page 66843]]
were formed. We will combine the optional units at any time we discover
that you have failed to comply with these provisions. If failure to
comply with these provisions is determined by us to be inadvertent, and
the optional units are combined into a basic unit, that portion of the
additional premium paid for the optional units that have been combined
will be refunded to you for the units combined.
(c) Enterprise unit--A unit that consists of all insurable acreage
of the insured crop in the county in which you have a share on the date
coverage begins for the crop year. If you select and qualify for an
enterprise unit, you will qualify for a premium discount based on the
insured crop and number of acres in the enterprise unit. The following
requirements must be met to qualify for an enterprise unit:
(1) The enterprise unit must contain 50 or more acres;
(2) The acreage that comprises the enterprise unit must also
qualify:
(i) For two or more basic units of the same insured crop as defined
in section 2(a) that are located in two or more separate sections,
section equivalents or FSA farm serial numbers; or
(ii) For two or more optional units of the same insured crop
established by separate sections, section equivalents, or FSA farm
serial numbers as defined in section 2(b)(2)(i).
(3) These basic units or optional units that comprise the
enterprise unit must each have insurable acreage of the same crop in
the crop year insured;
(4) You must comply with all reporting requirements for the
enterprise unit (You must maintain required production records on a
basic or optional unit basis if you wish to change your unit structure
for any subsequent crop year);
(5) The qualifying basic units or optional units may not be
combined into an enterprise unit on any basis other than as described
herein; and
(6) If you do not comply with the reporting provisions for the
enterprise unit, your yield for the enterprise unit will be determined
in accordance with section 4.
(d) Selection of unit structure--Basic, optional, or enterprise
units will be determined when the acreage is reported but may be
adjusted, combined, or separated to reflect the actual unit structure
when adjusting a loss. If you select an enterprise unit structure, you
must elect that option in writing by the earliest sales closing date
for the insured crops. If you do not qualify for an enterprise unit
when the acreage is reported, we will assign the basic unit structure.
All applicable unit structures must be stated on the acreage report
for each crop year.
3. Life of Policy, Cancellation, and Termination
(a) This is a continuous policy and will remain in effect for each
crop year following the acceptance of the original application until
canceled by you in accordance with the terms of the policy or
terminated by operation of the terms of the policy, or by us.
(b) Your application for insurance must contain all the information
required by us to insure the crop. Applications that do not contain all
social security numbers and employer identification numbers, as
applicable, (except as stated herein) coverage level, price percentage,
crop, type, variety, or class, plan of insurance, and any other
material information required to insure the crop, are not acceptable.
If a person with a substantial beneficial interest in the insured crop
refuses to provide a social security number or employer identification
number, the amount of coverage available under the policy will be
reduced proportionately by that person's share of the crop.
(c) After acceptance of the application, you may not cancel this
policy for the initial crop year. Thereafter, the policy will continue
in force for each succeeding crop year unless canceled or terminated as
provided below.
(d) Either you or we may cancel this policy after the initial crop
year by providing written notice to the other on or before the
cancellation date shown in the Crop Provisions.
(e) If any amount due, including administrative fees or premium, is
not paid, or an acceptable arrangement for payment is not made on or
before the termination date for the crop on which the amount is due,
you will be determined to be ineligible to participate in any crop
insurance program authorized under the Act in accordance with 7 CFR
part 400, subpart U.
(1) For a policy with unpaid administrative fees or premium, the
policy will terminate effective on the termination date immediately
subsequent to the billing date for the crop year;
(2) For a policy with other amounts due, the policy will terminate
effective on the termination date immediately after the account becomes
delinquent;
(3) Ineligibility will be effective as of the date that the policy
was terminated for the crop for which you failed to pay an amount owed
and for all other insured crops with coincidental termination dates;
(4) All other policies that are issued by us under the authority of
the Act will also terminate as of the next termination date contained
in the applicable policy;
(5) If you are ineligible, you may not obtain any crop insurance
under the Act until payment is made, you execute an agreement to repay
the debt and make the payments in accordance with the agreement, or you
file a petition to have your debts discharged in bankruptcy;
(6) If you execute an agreement to repay the debt and fail to
timely make any scheduled payment, you will be ineligible for crop
insurance effective on the date the payment was due until the debt is
paid in full or you file a petition to discharge the debt in bankruptcy
and subsequently obtain discharge of the amounts due. Dismissal of the
bankruptcy petition before discharge will void all policies in effect
retroactive to the date you were originally determined ineligible to
participate;
(7) Once the policy is terminated, the policy cannot be reinstated
for the current crop year unless the termination was in error;
(8) After you again become eligible for crop insurance, if you want
to obtain coverage for your crops, you must reapply on or before the
sales closing date for the crop (Since applications for crop insurance
cannot be accepted after the sales closing date, if you make any
payment after the sales closing date, you cannot apply for insurance
until the next crop year); and
(9) If we deduct the amount due us from an indemnity, the date of
payment for the purpose of this section will be the date you sign the
properly executed claim for indemnity.
(10) For example, if crop A, with a termination date of October 31,
1999, and crop B, with a termination date of March 15, 2000, are
insured and you do not pay the premium for crop A by the termination
date, you are ineligible for crop insurance as of October 31, 1999, and
crop A's policy is terminated on that date. Crop B's policy is
terminated as of March 15, 2000. If you enter an agreement to repay the
debt on April 25, 2000, you can apply for insurance for crop A by the
October 31, 2000, sales closing date and crop B by the March 15, 2001,
sales closing date. If you fail to make a scheduled payment on November
1, 2000, you will be ineligible for crop insurance effective on
November 1, 2000, and you will not be eligible unless the debt is paid
in full or you file a petition to have the debt discharged in
bankruptcy and subsequently receive discharge.
[[Page 66844]]
(f) If you die, disappear, or are judicially declared incompetent,
or if you are an entity other than an individual and such entity is
dissolved, the policy will terminate as of the date of death, judicial
declaration, or dissolution. If such event occurs after coverage begins
for any crop year, the policy will continue in force through the crop
year and terminate at the end of the insurance period and any indemnity
will be paid to the person or persons determined to be beneficially
entitled to the indemnity. The premium will be deducted from the
indemnity or collected from the estate. Death of a partner in a
partnership will dissolve the partnership unless the partnership
agreement provides otherwise. If two or more persons having a joint
interest are insured jointly, death of one of the persons will dissolve
the joint entity.
(g) We may terminate your policy if no premium is earned for 3
consecutive years.
(h) The cancellation and termination dates are contained in the
Crop Provisions.
(i) You are not eligible to participate in the Crop Revenue
Coverage program if you have elected the MPCI Catastrophic Risk
Protection Endorsement except if you execute a High Risk Land Exclusion
Option for a Crop Revenue Coverage Policy, you may elect to insure the
``high risk land'' under an MPCI Catastrophic Risk Protection
Endorsement, provided the Catastrophic Risk Protection Endorsement is
obtained from us. If both policies are in force, the acreage of the
crop covered under the Crop Revenue Coverage policy and the acreage
covered under an MPCI Catastrophic Risk Protection Endorsement will be
considered as separate crops for insurance purposes, including the
payment of administrative fees.
4. Coverage Level, and Approved Yield for Determining Final Guarantee
and Indemnity
(a) For each crop year, the Final Guarantee, coverage level, and
price percentage at which an indemnity will be determined for each unit
will be those used to calculate your summary of coverage. The
information necessary to determine those factors will be contained in
the Special Provisions or in the actuarial documents.
(b) You may select only one coverage level from among those offered
by us for each insured crop. By written notice to us, you may change
the coverage level for the following crop year not later than the sales
closing date for the affected insured crop. If you do not change the
coverage level for the succeeding crop year you will be assigned the
same coverage level that was in effect the previous crop year.
(c) This policy is an alternative to the MPCI program and satisfies
the requirements of section 508(b)(7) of the Act.
(d) You must report production to us for the previous crop year by
the earlier of the acreage reporting date or 45 days after the
cancellation date unless otherwise stated in the Special Provisions.
(1) If you do not provide the required production report, we will
assign a yield for the previous crop year. The yield assigned by us
will not be more than 75 percent of the yield used by us to determine
your coverage for the previous crop year. The production report or
assigned yield will be used to compute your Approved Yield for the
purpose of determining your Final Guarantee for the current crop year.
(2) If you have filed a claim for any crop year, the documents
signed by you that state the amount of production used to complete the
claim for indemnity will be the production report for that year unless
otherwise specified by FCIC.
(3) Production and acreage for the prior crop year must be reported
for each proposed optional unit by the production reporting date. If
you do not provide the information stated above, the optional units
will be combined into the basic unit.
(e) We may revise your Final Guarantee for any unit, and revise any
indemnity paid based on that Final Guarantee, if we find that your
production report under paragraph (d) of this section:
(1) Is not supported by written verifiable records in accordance
with the definition of production report; or
(2) Fails to accurately report actual production, acreage, or other
material information.
(f) Any person may sign any document relative to crop insurance
coverage on behalf of any other person covered by such a policy,
provided that the person has a properly executed power of attorney or
such other legally sufficient document authorizing such a person to
sign.
5. Contract Changes
(a) We may change the terms of your coverage under this policy from
year to year.
(b) Any changes in policy provisions, premium rates, and program
dates will be provided by us to your crop insurance agent not later
than the contract change date contained in the Crop Provisions. You may
view the documents or request copies from your crop insurance agent.
(c) You will be notified, in writing, of changes to the Basic
Provisions, Crop Provisions, and Special Provisions not later than 30
days prior to the cancellation date for the insured crop. Acceptance of
changes will be conclusively presumed in the absence of notice from you
to change or cancel your insurance coverage.
6. Liberalization
If we adopt any revision that broadens the coverage under this
policy subsequent to the contract change date without additional
premium, the broadened coverage will apply.
7. Report of Acreage
(a) An annual acreage report must be submitted to us on our form
for each insured crop in the county on or before the acreage reporting
date contained in the Special Provisions, except as follows:
(1) If you insure multiple crops with us that have final planting
dates on or after August 15 but before December 31, you must submit an
acreage report for all such crops on or before the latest applicable
acreage reporting date for such crops; and
(2) If you insure multiple crops with us that have final planting
dates on or after December 31 but before August 15, you must submit an
acreage report for all such crops on or before the latest applicable
acreage reporting date for such crops.
(3) Notwithstanding the provisions in sections 7(a)(1) and (2):
(i) If the Special Provisions designate separate planting periods
for a crop, you must submit an acreage report for each planting period
on or before the acreage reporting date contained in the Special
Provisions for the planting period; and
(ii) If planting of the insured crop continues after the final
planting date or you are prevented from planting during the late
planting period, the acreage reporting date will be the later of:
(A) The acreage reporting date contained in the Special Provisions;
(B) The date determined in accordance with sections 7(a)(1) or (2);
or
(C) Five (5) days after the end of the late planting period for the
insured crop, if applicable.
(b) If you do not have a share in an insured crop in the county for
the crop year, you must submit an acreage report on or before the
acreage reporting date, so indicating.
(c) Your acreage report must include the following information, if
applicable:
[[Page 66845]]
(1) All acreage of the crop in the county (insurable and not
insurable) in which you have a share;
(2) Your share at the time coverage begins;
(3) The practice;
(4) The type; and
(5) The date the insured crop was planted.
(d) Because incorrect reporting on the acreage report may have the
effect of changing your premium and any indemnity that may be due, you
may not revise this report after the acreage reporting date without our
consent.
(e) We may elect to determine all premiums and indemnities based on
the information you submit on the acreage report or upon the factual
circumstances we determine to have existed, subject to the provisions
contained in section 7(g).
(f) If you do not submit an acreage report by the acreage reporting
date, or if you fail to report all units, we may elect to determine by
unit the insurable crop acreage, share, type and practice, or to deny
liability on such units. If we deny liability for the unreported units,
your share of any production from the unreported units will be
allocated, for loss purposes only, as production to count to the
reported units in proportion to the liability on each reported unit.
However, such production will not be allocated to prevented planting
acreage or otherwise affect any prevented planting payment.
(g) If the information reported by you on the acreage report for
share, acreage, practice, type or other material information is
inconsistent with the information that is determined to actually exist
for a unit and results in:
(1) A lower liability than the actual liability determined, the
Final Guarantee on the unit will be reduced to an amount that is
consistent with the reported information. In the event that insurable
acreage is under-reported for any unit, all production or value from
insurable acreage in that unit will be considered production or value
to count in determining the indemnity; and
(2) A higher liability than the actual liability determined, the
information contained in the acreage report will be revised to be
consistent with the correct information. If we discover that you have
incorrectly reported any information on the acreage report for any crop
year, you may be required to provide documentation in subsequent crop
years that substantiates your report of acreage for those crop years,
including, but not limited to, an acreage measurement service at your
own expense.
(h) Errors in reporting units may be corrected by us at the time of
adjusting a loss to reduce our liability and to conform to applicable
unit division guidelines.
8. Annual Premium and Administrative Fees
(a) The annual premium is earned and payable at the time coverage
begins. You will be billed for premium due not earlier than the premium
billing date specified in the Special Provisions. The premium due, plus
any accrued interest, will be considered delinquent if it is not paid
on or before the termination date specified in the Crop Provisions.
(b) Any amount you owe us related to any crop insured with us under
the authority of the Act will be deducted from any prevented planting
payment or indemnity due you for any crop insured with us under the
authority of the Act.
(c) The annual premium amount is determined by:
(1) Multiplying the Approved Yield times the coverage level, times
the MPCI Base Premium Rate specified in the actuarial documents, and
times the Base Price as defined in the Commodity Exchange Endorsement;
(2) Multiplying the Approved Yield times the coverage level, times
the CRC Rate Factor specified in the actuarial documents, and times the
Low Price Factor specified in the actuarial documents;
(3) Multiplying the Approved Yield times the coverage level, times
the MPCI Base Premium Rate specified in the actuarial documents, and
times the High Price Factor specified in the actuarial documents;
(4) Adding sections 8(c)(1), (2), and (3); and
(5) Multiplying the result of section 8(c)(4) times the acres
insured, times your share at the time coverage begins, and as
applicable, times any High Risk Map Area Adjustment Factor; Rate Class
Option Factor; CRC Option Factor; Yield Adjustment Surcharge; and/or
CRC Enterprise Option Factor.
(d) To determine the amount of annual premium paid by you:
(1) Multiply the Approved Yield times the coverage level, times the
MPCI Base Premium Rate specified in the applicable actuarial documents,
times the MPCI Market Price Election, times the acres insured, times
your share at the time coverage begins, and as applicable, times any
High Risk Map Area Adjustment Factor; Rate Class Option Factor; CRC
Option Factor; Yield Adjustment Surcharge; CRC Enterprise Option
Factor; and times the applicable producer subsidy percentage to
calculate the appropriate amount of subsidy. The producer subsidy
percentage is based upon the coverage level and is contained in the
actuarial documents; and
(2) Subtract section 8(d)(1) from section 8(c)(5).
(e) In addition to the premium charged:
(1) If you elect limited coverage, you must pay an administrative
fee each crop year of $50 per crop per county, not to exceed $200 per
county, or $600 for all counties in which you elected to obtain limited
coverage.
(2) If you elect additional coverage, you must pay an
administrative fee of $20 per crop for each crop year in which crop
insurance coverage remains in effect.
(3) The administrative fee must be paid no later than the time that
premium is due.
(4) Payment of an administrative fee will not be required if you
file a bona fide zero acreage report on or before the acreage reporting
date for the crop. If you falsely file a zero acreage report, you may
be subject to criminal and administrative sanctions.
(5) The administrative fee for limited coverage will be waived if
you request it and you qualify as a limited resource farmer.
(6) The administrative fee for additional coverage is not subject
to any limits and may not be waived.
(7) Failure to pay the administrative fees when due may make you
ineligible for certain other USDA benefits.
9. Insured Crop
(a) The insured crop will be that shown on your accepted
application and as specified in the Crop Provisions or Special
Provisions and must be grown on insurable acreage.
(b) A crop which will NOT be insured will include, but will not be
limited to, any crop:
(1) If the farming practices carried out are not in accordance with
the farming practices for which the premium rates or Final Guarantee
have been established;
(2) Of a type, class or variety established as not adapted to the
area or excluded by the policy provisions;
(3) That is a volunteer crop;
(4) That is a second crop following the same crop (insured or not
insured) harvested in the same crop year unless specifically permitted
by the Crop Provisions or the Special Provisions;
(5) That is planted for the development or production of hybrid
seed or for experimental purposes, unless permitted by the Crop
Provisions; or
(6) That is used solely for wildlife protection or management. If
the lease states that specific acreage must remain
[[Page 66846]]
unharvested, only that acreage is uninsurable. If the lease specifies
that a percentage of the crop must be left unharvested, your share will
be reduced by such percentage.
10. Insurable Acreage
(a) Acreage planted to the insured crop in which you have a share
is insurable except acreage:
(1) That has not been planted and harvested within one of the 3
previous crop years, unless:
(i) Such acreage was not planted:
(A) To comply with any other USDA program;
(B) Because of crop rotation, (e.g., corn, soybean, alfalfa; and
the alfalfa remained for 4 years before the acreage was planted to corn
again);
(C) Due to an insurable cause of loss that prevented planting; or
(D) Because a perennial tree, vine, or bush crop was grown on the
acreage.
(ii) Such acreage was planted but was not harvested due to an
insurable cause of loss; or
(iii) The Crop Provisions specifically allow insurance for such
acreage.
(2) That has been strip-mined, unless an agricultural commodity
other than a cover, hay, or forage crop (except corn silage), has been
harvested from the acreage for at least five crop years after the
strip-mined land was reclaimed;
(3) On which the insured crop is damaged and it is practical to
replant the insured crop, but the insured crop is not replanted;
(4) That is interplanted, unless allowed by the Crop Provisions;
(5) That is otherwise restricted by the Crop Provisions or Special
Provisions; or
(6) That is planted in any manner other than as specified in the
policy provisions for the crop.
(b) If insurance is provided for an irrigated practice, you must
report as irrigated only that acreage for which you have adequate
facilities and adequate water, or the reasonable expectation of
receiving adequate water at the time coverage begins, to carry out a
good irrigation practice. If you knew or had reason to know that your
water may be reduced before coverage begins, no reasonable expectation
exists.
(c) Notwithstanding the provisions in section 9(b)(1), if acreage
is irrigated and we do not provide a premium rate for an irrigated
practice, you may either report and insure the irrigated acreage as
``non-irrigated,'' or report the irrigated acreage as not insured.
(d) We may restrict the amount of acreage that we will insure to
the amount allowed under any acreage limitation program established by
the USDA if we notify you of that restriction prior to the sales
closing date.
11. Share Insured
(a) Insurance will attach only to the share of the person
completing the application and will not extend to any other person
having a share in the crop unless the application clearly states that:
(1) The insurance is requested for an entity such as a partnership
or a joint venture; or
(2) You as landlord will insure your tenant's share, or you as
tenant will insure your landlord's share. In this event, you must
provide evidence of the other party's approval (lease, power of
attorney, etc.). Such evidence will be retained by us. You also must
clearly set forth the percentage shares of each person on the acreage
report.
(b) We may consider any acreage or interest reported by or for your
spouse, child or any member of your household to be included in your
share.
(c) Acreage rented for a percentage of the crop, or a lease
containing provisions for BOTH a minimum payment (such as a specified
amount of cash, bushels, pounds, etc.) AND a crop share will be
considered a crop share lease.
(d) Acreage rented for cash, or a lease containing provisions for
EITHER a minimum payment OR a crop share (such as a 50/50 share or
$100.00 per acre, whichever is greater) will be considered a cash
lease.
12. Insurance Period
(a) Except for prevented planting coverage (see section 18),
coverage begins on each unit or part of a unit at the later of:
(1) The date we accept your application (For the purposes of this
paragraph, the date of acceptance is the date that you submit a
properly executed application in accordance with section 3);
(2) The date the insured crop is planted; or
(3) The calendar date contained in the Crop Provisions for the
beginning of the insurance period.
(b) Coverage ends at the earliest of:
(1) Total destruction of the insured crop on the unit;
(2) Harvest of the unit;
(3) Final adjustment of a loss on a unit;
(4) The calendar date contained in the Crop Provisions for the end
of the insurance period;
(5) Abandonment of the crop on the unit; or
(6) As otherwise specified in the Crop Provisions.
13. Causes of Loss
The insurance provided is against only unavoidable loss of revenue
directly caused by specific causes of loss contained in the Crop
Provisions. All other causes of loss, including but not limited to the
following, are NOT covered:
(a) Negligence, mismanagement, or wrongdoing by you, any member of
your family or household, your tenants, or employees;
(b) Failure to follow recognized good farming practices for the
insured crop;
(c) Water contained by any governmental, public, or private dam or
reservoir project;
(d) Failure or breakdown of irrigation equipment or facilities; or
(e) Failure to carry out a good irrigation practice for the insured
crop, if applicable.
14. Replanting Payment
(a) If allowed by the Crop Provisions, a replanting payment may be
made on an insured crop replanted after we have given consent and the
acreage replanted is at least the lesser of 20 acres or 20 percent of
the insured planted acreage for the unit (as determined on the final
planting date or within the late planting period if a late planting
period is applicable.)
(b) No replanting payment will be made on acreage:
(1) On which our appraisal establishes that production will exceed
the level set by the Crop Provisions;
(2) Initially planted prior to the earliest planting date
established by the Special Provisions; or
(3) On which one replanting payment has already been allowed for
the crop year.
(c) The replanting payment per acre will be your actual cost for
replanting, but will not exceed the amount determined in accordance
with the Crop Provisions.
(d) No replanting payment will be paid if we determine it is not
practical to replant.
15. Duties in the Event of Damage or Loss
Your Duties--
(a) In case of damage to any insured crop you must:
(1) Protect the crop from further damage by providing sufficient
care;
(2) Give us notice within 72 hours of your initial discovery of
damage (but not later than 15 days after the end of the insurance
period), by unit, for each insured crop (we may accept a notice of loss
provided later than 72 hours after your initial discovery if we still
have the ability to accurately adjust the loss);
[[Page 66847]]
(3) Leave representative samples intact for each field of the
damaged unit as may be required by the Crop Provisions;
(4) Cooperate with us in the investigation or settlement of the
claim, and, as often as we reasonably require:
(i) Show us the damaged crop;
(ii) Allow us to remove samples of the insured crop; and
(iii) Provide us with records and documents we request and permit
us to make copies; and
(5) Give us notice of your expected revenue loss not later than 45
days after the date the Harvest Price is released.
(b) You must obtain consent from us before, and notify us after
you:
(1) Destroy any of the insured crop that is not harvested;
(2) Put the insured crop to an alternative use;
(3) Put the acreage to another use; or
(4) Abandon any portion of the insured crop. We will not give
consent for any of the actions in sections 15(b)(1) through (4) if it
is practical to replant the crop or until we have made an appraisal of
the potential production of the crop.
(c) In addition to complying with all other notice requirements,
you must submit a claim for indemnity declaring the amount of your loss
not later than 60 days after the date the Harvest Price is released.
This claim must include all the information we require to settle the
claim.
(d) Upon our request, you must:
(1) Provide a complete harvesting and marketing record of each
insured crop by unit including separate records showing the same
information for production from any acreage not insured; and
(2) Submit to examination under oath.
(e) You must establish the total production or value received for
the insured crop on the unit, that any loss of production or value
occurred during the insurance period, and that the loss of production
or value was directly caused by one or more of the insured causes
specified in the Crop Provisions.
(f) All notices required in this section that must be received by
us within 72 hours may be made by telephone or in person to your crop
insurance agent but must be confirmed in writing within 15 days.
Our Duties--
(a) If you have complied with all the policy provisions, we will
pay your loss within 30 days after:
(1) We reach agreement with you;
(2) Completion of arbitration or appeal proceedings; or
(3) The entry of a final judgment by a court of competent
jurisdiction.
(b) In the event we are unable to pay your loss within 30 days, we
will give you notice of our intentions within the 30-day period.
(c) We may defer the adjustment of a loss until the amount of loss
can be accurately determined. We will not pay for additional damage
resulting from your failure to provide sufficient care for the crop
during the deferral period.
(d) We recognize and apply the loss adjustment procedures
established or approved by FCIC.
16. Production Included in Determining Indemnities
(a) The total production to be counted for a unit will include all
production determined in accordance with the policy.
(b) The amount of production of any unharvested insured crop may be
determined on the basis of our field appraisals conducted after the end
of the insurance period.
(c) Appraised production will be used to calculate your claim if
you will not be harvesting the acreage. To determine your indemnity
based on appraised production, you must agree to notify us if you
harvest the crop and advise us of the production. If the acreage will
be harvested, harvested production will be used to determine any
indemnity due, unless otherwise specified in the policy.
(d) The amount of an indemnity that may be determined under the
applicable provisions of your crop policy may be reduced by an amount,
determined in accordance with the Crop Provisions or Special
Provisions, to reflect out-of-pocket expenses that were not incurred by
you as a result of not planting, caring for, or harvesting the crop.
Indemnities paid for acreage prevented from being planted will be based
on a reduced Final Guarantee as provided for in the crop policy and
will not be further reduced to reflect expenses not incurred.
17. Late Planting
Unless limited by the Crop Provisions, insurance will be provided
for acreage planted to the insured crop after the final planting date
in accordance with the following:
(a) The Final Guarantee for each acre planted to the insured crop
during the late planting period will be reduced by 1 percent per day
for each day planted after the final planting date.
(b) Acreage planted after the late planting period (or after the
final planting date for crops that do not have a late planting period)
may be insured as follows:
(1) The Final Guarantee for each acre planted as specified in this
subsection will be determined by multiplying the Final Guarantee that
is provided for acreage of the insured crop that is timely planted by
the prevented planting coverage level percentage you elected, or that
is contained in the Crop Provisions if you did not elect a prevented
planting coverage level percentage;
(2) Planting on such acreage must have been prevented by the final
planting date (or during the late planting period, if applicable) by an
insurable cause occurring within the insurance period for prevented
planting coverage; and
(3) All production from acreage as specified in this section will
be included as production to count for the unit.
(c) The premium amount for insurable acreage specified in this
section will be the same as that for timely planted acreage. If the
amount of premium you are required to pay (gross premium less our
subsidy) for such acreage exceeds the liability, coverage for those
acres will not be provided (no premium will be due, and no indemnity
will be paid).
(d) Any acreage on which an insured cause of loss is a material
factor in preventing completion of planting, as specified in the
definition of ``planted acreage'' (e.g., seed is broadcast on the soil
surface but cannot be incorporated) will be considered as acreage
planted after the final planting date and the Final Guarantee will be
calculated in accordance with section 17(b)(1).
18. Prevented Planting.
(a) Unless limited by the policy provisions, a prevented planting
payment may be made to you for eligible acreage if:
(1) You were prevented from planting the insured crop by an insured
cause that occurs:
(i) On or after the sales closing date contained in the Special
Provisions for the insured crop in the county for the crop year the
application for insurance is accepted; or
(ii) For any subsequent crop year, on or after the sales closing
date for the previous crop year for the insured crop in the county,
provided insurance has been in force continuously since that date.
Cancellation for the purpose of transferring the policy to a different
insurance provider for the subsequent crop year will not be considered
a break in continuity for the purpose of the preceding sentence;
(2) You include any acreage of the insured crop that was prevented
from being planted on your acreage report; and
[[Page 66848]]
(3) You did not plant the insured crop during or after the late
planting period. If such acreage was planted to the insured crop during
or after the late planting period, it is covered under the late
planting provisions.
(b) The actuarial documents may contain additional levels of
prevented planting coverage that you may purchase for the insured crop:
(1) Such purchase must be made on or before the sales closing date.
(2) If you do not purchase one of those additional levels by the
sales closing date, you will receive the prevented planting coverage
specified in the Crop Provisions.
(3) If you have an MPCI Catastrophic Risk Protection Endorsement
for any acreage of ``high risk land,'' the additional levels of
prevented planting coverage will not be available for that acreage; and
(4) You may not increase your elected or assigned preventing
planting coverage level for any crop year if a cause of loss that will
or could prevent planting is evident prior to the time you wish to
change your prevented planting coverage level.
(c) The premium amount for acreage that is prevented from being
planted will be the same as that for timely planted acreage. If the
amount of premium you are required to pay (gross premium less our
subsidy) for acreage that is prevented from being planted exceeds the
liability on such acreage, coverage for those acres will not be
provided (no premium will be due and no indemnity will be paid for such
acreage).
(d) Drought or failure of the irrigation water supply will be
considered to be an insurable cause of loss for the purposes of
prevented planting only if on the final planting date (or within the
late planting period if you elect to try to plant the crop):
(1) For non-irrigated acreage, the area that is prevented from
being planted has insufficient soil moisture for germination of seed
and progress toward crop maturity due to a prolonged period of dry
weather. Prolonged precipitation deficiencies must be verifiable using
information collected by sources whose business it is to record and
study the weather, including, but not limited to, local weather
reporting stations of the National Weather Service; or
(2) For irrigated acreage, there is not a reasonable probability of
having adequate water to carry out an irrigated practice.
(e) The maximum number of acres that may be eligible for a
prevented planting payment for any crop will be determined as follows:
(1) The total number of acres eligible for prevented planting
coverage for all crops cannot exceed the number of acres of cropland in
your farming operation for the crop year, unless you are eligible for
prevented planting coverage on double cropped acreage in accordance
with section 18(f)(4) or (5). The eligible acres for each insured crop
will be determined in accordance with the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Type of Crop................ Eligible acres if, Eligible acres if,
in any of the 4 in any of the 4
most recent crop most recent crop
years, you have years, you have not
planted any crop in planted any crop in
the county for the county for
which prevented which prevented
planting insurance planting insurance
was available or was available or
have received a have not received a
prevented planting prevented planting
insurance guarantee. insurance
guarantee.
(i) The crop is not required (A) The maximum (B) The number of
to be contracted with a number of acres acres specified on
processor to be insured. certified for your intended
approved yield acreage report
purposes or which is submitted
reported for to us by the sales
insurance for the closing date for
crop in any one of all crops you
the 4 most recent insure for the crop
crop years (not year and that is
including reported accepted by us. The
prevented planting total number of
acreage that was acres listed may
planted to a not exceed the
substitute crop number of acres of
other than an cropland in your
approved cover farming operation
crop). The number at the time you
of acres determined submit the intended
above for a crop acreage report. The
may be increased by number of acres
multiplying it by determined above
the ratio of the for a crop may only
total cropland be increased by
acres that you are multiplying it by
farming this year the ratio of the
(if greater) to the total cropland
total cropland acres that you are
acres that you farming this year
farmed in the (if greater) to the
previous year, number of acres
provided that you listed on your
submit proof to us intended acreage
that for the report, if you meet
current crop year the conditions
you have purchased stated in section
or leased 18(e)(1)(i)(A).
additional land or
that acreage will
be released from
any USDA program
which prohibits
harvest of a crop.
Such acreage must
have been
purchased, leased,
or released from
the USDA program,
in time to plant it
for the current
crop year using
good farming
practices. No cause
of loss that will
or could prevent
planting may be
evident at the time
the acreage is
purchased, leased,
or released from
the USDA program.
(ii) The crop must be (A) The number of (B) The number of
contracted with a processor acres of the crop acres of the crop
to be insured. specified in the as determined in
processor contract, section
if the contract 18(e)(1)(ii)(A).
specifies a number
of acres contracted
for the crop year;
or the result of
dividing the
quantity of
production stated
in the processor
contract by your
approved yield, if
the processor
contract specifies
a quantity of
production that
will be accepted.
(For the purposes
of establishing the
number of prevented
planting acres, any
reductions applied
to the transitional
yield for failure
to certify acreage
and production for
four prior years
will not be used.).
------------------------------------------------------------------------
[[Page 66849]]
(2) Any eligible acreage determined in accordance with the table
contained in section 18(e)(1) will be reduced by subtracting the number
of acres of the crop (insured and uninsured) that are timely and late
planted, including acreage specified in section 17(b).
(f) Regardless of the number of eligible acres determined in
section 18(e), prevented planting coverage will not be provided for any
acreage:
(1) That does not constitute at least 20 acres or 20 percent of the
insurable crop acreage in the unit, whichever is less. Any prevented
planting acreage within a field that contains planted acreage will be
considered to be acreage of the same crop, type, and practice that is
planted in the field unless the acreage that was prevented from being
planted constitutes at least 20 acres or 20 percent of the total
insurable acreage in the field and you produced both crops, crop types,
or followed both practices in the same field in the same crop year
within any of the 4 most recent crop years;
(2) Used for conservation purposes or intended to be left unplanted
under any program administered by the USDA;
(3) For which the actuarial documents do not designate a premium
rate unless a written agreement designates such premium rate;
(4) On which the insured crop is prevented from being planted, if
you or any other person receives a prevented planting payment for any
crop for the same acreage in the same crop year (excluding share
arrangements), unless you have coverage greater than the Catastrophic
Risk Protection Endorsement and have records of acreage and production
that are used to determine your approved yield that show the acreage
was double-cropped in each of the last 4 years in which the insured
crop was grown on the acreage;
(5) On which the insured crop is prevented from being planted, if
any crop from which any benefit is derived under any program
administered by the USDA is planted and fails, or if any crop is
harvested, hayed or grazed on the same acreage in the same crop year
(other than a cover crop which may be hayed or grazed after the final
planting date for the insured crop), unless you have coverage greater
than that applicable to the Catastrophic Risk Protection Endorsement
and have records of acreage and production that are used to determine
your approved yield that show the acreage was double-cropped in each of
the last 4 years in which the insured crop was grown on the acreage.
(If one of the crops being double-cropped is not insurable, other
verifiable records of it being planted may be used);
(6) Of a crop that is prevented from being planted if a cash lease
payment is also received for use of the same acreage in the same crop
year (not applicable if acreage is leased for haying or grazing only).
If you state that you will not be cash renting the acreage and claim a
prevented planting payment on the acreage, you could be subject to
civil and criminal sanctions if you cash rent the acreage and do not
return the prevented planting payment for it;
(7) For which planting history or conservation plans indicate that
the acreage would have remained fallow for crop rotation purposes;
(8) That exceeds the number of acres eligible for a prevented
planting payment;
(9) That exceeds the number of eligible acres physically available
for planting;
(10) For which you cannot provide proof that you had the inputs
available to plant and produce a crop with the expectation of at least
producing the yield used to determine the Final Guarantee (Evidence
that you have previously planted the crop on the unit will be
considered adequate proof unless your planting practices or rotational
requirements show that the acreage would have remained fallow or been
planted to another crop);
(11) Based on an irrigated practice Final Guarantee unless adequate
irrigation facilities were in place to carry out an irrigated practice
on the acreage prior to the insured cause of loss that prevented you
from planting. Acreage with an irrigated practice Final Guarantee will
be limited to the number of acres allowed for that practice under
sections 18(e) and (f); or
(12) Based on a crop type that you did not plant, or did not
receive a prevented planting insurance guarantee for, in at least one
of the four most recent crop years. Types for which separate insurance
guarantees are available must be included in your approved yield
database in at least one of the four most recent crop years, or crops
that do not require yield certification (crops for which the insurance
guarantee is not based on an approved yield) must be reported on your
acreage report in at least one of the four most recent crop years
except as allowed in section 18(e)(1)(i)(B). We will limit prevented
planting payments based on a specific crop type to the number of acres
allowed for that crop type as specified in sections 18(e) and (f).
(g) If you purchased a limited or additional coverage policy for a
crop, and you executed a High Risk Land Exclusion Option that
separately insures acreage which has been designated as ``high risk''
land by FCIC under a Catastrophic Risk Protection Endorsement for that
crop, the maximum number of acres eligible for a prevented planting
payment will be limited for each policy as specified in sections 18(e)
and (f).
(h) If you are prevented from planting a crop for which you do not
have an adequate base of eligible prevented planting acreage, as
determined in accordance with section 18(e)(1), your prevented planting
production guarantee, premium, and prevented planting payment will be
based on the crops insured for the current crop year, for which you
have remaining eligible prevented planting acreage. The crops used for
this purpose will be those that result in a prevented planting payment
most similar to the prevented planting payment that would have been
made for the crop that was prevented from being planted.
(1) For example, assume you were prevented from planting 200 acres
of corn and have 100 acres eligible for a corn prevented planting
guarantee that would result in a payment of $40 per acre. You also had
50 acres of potato eligibility that would result in a $100 per acre
payment, 90 acres of grain sorghum eligibility that would result in a
$30 per acre payment, and 100 acres of soybean eligibility that would
result in a $25 per acre payment. Your prevented planting coverage for
the 200 acres would be based on 100 acres of corn ($40 per acre), 90
acres of grain sorghum ($30 per acre), and 10 acres of soybeans ($25
per acre).
(2) Prevented planting coverage will be allowed as specified in
this section (18(h)) only if the crop that was prevented from being
planted meets all policy provisions, except for having an adequate base
of eligible prevented planting acreage. Payment may be made based on
crops other than those that were prevented from being planted even
though other policy provisions, including but not limited to, processor
contract and rotation requirements, have not been met for the crop on
which payment is being based.
(i) The prevented planting payment for any eligible acreage within
a basic or optional unit will be determined by:
(1) Multiplying the Final Guarantee for timely planted acreage of
the insured crop by the prevented planting coverage level percentage
you elected, or that is contained in the Crop Provisions if you did not
elect a prevented planting coverage level percentage;
(2) Multiplying the result of section 18(i)(1) by the number of
eligible
[[Page 66850]]
prevented planting acres in the unit; and
(3) Multiplying the result of section 18(i)(2) by your share.
(j) The prevented planting payment for any eligible acreage within
an enterprise unit will be determined by:
(1) Multiplying the Final Guarantee for each basic unit or optional
unit within the enterprise unit, for timely planted acreage of the
insured crop by the prevented planting coverage level percentage you
elected, or that is contained in the Crop Provisions if you did not
elect a prevented planting coverage level percentage;
(2) Multiplying the result of section 18(j)(1) by the number of
eligible prevented planting acres in each basic unit or optional unit
within the enterprise unit;
(3) Multiplying the result of section 18(j)(2) by your share; and
(4) Total the results from section 18(j)(3).
19. Crops As Payment
You must not abandon any crop to us. We will not accept any crop as
compensation for payments due us.
20. Arbitration
(a) If you and we fail to agree on any factual determination, the
disagreement will be resolved in accordance with the rules of the
American Arbitration Association. Failure to agree with any factual
determination made by FCIC must be resolved through the FCIC appeal
provisions published at 7 CFR part 11.
(b) No award determined by arbitration or appeal can exceed the
amount of liability established or which should have been established
under the policy.
21. Access to Insured Crop and Records, and Record Retention
(a) We reserve the right to examine the insured crop as often as we
reasonably require.
(b) For three years after the end of the crop year, you must
retain, and provide upon our request, complete records of the
harvesting, storage, shipment, sale, or other disposition of all the
insured crop produced on each unit. This requirement also applies to
the records used to establish the basis for the production report for
each unit. You must also provide upon our request, separate records
showing the same information for production from any acreage not
insured. We may extend the record retention period beyond three years
by notifying you of such extension in writing. Your failure to keep and
maintain such records will, at our option, result in:
(1) Cancellation of the policy;
(2) Assignment of production to the units by us;
(3) Combination of the optional units; or
(4) A determination that no indemnity is due.
(c) Any person designated by us will, at any time during the record
retention period, have access:
(1) To any records relating to this insurance at any location where
such records may be found or maintained; and
(2) To the farm.
(d) By applying for insurance under the authority of the Act or by
continuing insurance for which you previously applied, you authorize
us, or any person acting for us, to obtain records relating to the
insured crop from any person who may have custody of those records
including, but not limited to, FSA offices, banks, warehouses, gins,
cooperatives, marketing associations, and accountants. You must assist
us in obtaining all records which we request from third parties.
22. Other Insurance
(a) Other Like Insurance--You must not obtain any other crop
insurance issued under the authority of the Act on your share of the
insured crop. If we determine that more than one policy on your share
is intentional, you may be subject to the sanctions authorized under
this policy, the Act, or any other applicable statute. If we determine
that the violation was not intentional, the policy with the earliest
date of application will be in force and all other policies will be
void. Nothing in this paragraph prevents you from obtaining other
insurance not issued under the Act.
(b) Other Insurance Against Fire--If you have other insurance,
whether valid or not, against damage to the insured crop by fire during
the insurance period, we will be liable for loss due to fire only for
the smaller of:
(1) The amount of indemnity determined pursuant to this policy
without regard to such other insurance; or
(2) The amount by which the loss from fire is determined to exceed
the indemnity paid or payable under such other insurance.
(c) For the purpose of section 22(b), the amount of loss from fire
will be the reduction in revenue of the insured crop on the unit
involved determined pursuant to this policy.
23. Conformity to Food Security Act
Although your violation of a number of federal statutes, including
the Act, may cause cancellation, termination, or voidance of your
insurance contract, you should be specifically aware that your policy
will be canceled if you are determined to be ineligible to receive
benefits under the Act due to violation of the controlled substance
provision (title XVII of the Food Security Act of 1985 (Pub. L. 99-
198)) and the regulations promulgated under the Act by USDA. Your
insurance policy will be canceled if you are determined, by the
appropriate Agency, to be in violation of these provisions. We will
recover any and all monies paid to you or received by you during your
period of ineligibility, and your premium will be refunded, less a
reasonable amount for expenses and handling not to exceed 20 percent of
the premium paid or to be paid by you.
24. Amounts Due Us
(a) Interest will accrue at the rate of 1.25 percent simple
interest per calendar month, or any portion thereof, on any unpaid
amount due us. For the purpose of premium amounts due us, the interest
will start to accrue on the first day of the month following the
premium billing date specified in the Special Provisions.
(b) For the purpose of any other amounts due us, such as repayment
of indemnities found not to have been earned, interest will start to
accrue on the date that notice is issued to you for the collection of
the unearned amount. Amounts found due under this paragraph will not be
charged interest if payment is made within 30 days of issuance of the
notice by us. The amount will be considered delinquent if not paid
within 30 days of the date the notice is issued by us.
(c) All amounts paid will be applied first to expenses of
collection (see section 24(d)) if any, second to the reduction of
accrued interest, and then to the reduction of the principal balance.
(d) If we determine that it is necessary to contract with a
collection agency or to employ an attorney to assist in collection, you
agree to pay all of the expenses of collection.
(e) Amounts owed to us by you may be collected in part through
administrative offset from payments you receive from United States
government agencies in accordance with 31 U.S.C. chapter 37.
[[Page 66851]]
25. Legal Action Against Us
(a) You may not bring legal action against us unless you have
complied with all of the policy provisions.
(b) If you do take legal action against us, you must do so within
12 months of the date of denial of the claim. Suit must be brought in
accordance with the provisions of 7 U.S.C. 1508(j).
(c) Your right to recover damages (compensatory, punitive, or
other), attorney's fees, or other charges is limited or excluded by
this contract or by Federal regulations.
26. Payment and Interest Limitations
(a) Under no circumstances will we be liable for the payment of
damages (compensatory, punitive, or other), attorney's fees, or other
charges in connection with any claim for indemnity, whether we approve
or disapprove such claim.
(b) We will pay simple interest computed on the net indemnity
ultimately found to be due by us or by a final judgment of a court of
competent jurisdiction, from and including the 61st day after the date
you sign, date, and submit to us the properly completed claim on our
form. Interest will be paid only if the reason for our failure to
timely pay is NOT due to your failure to provide information or other
material necessary for the computation or payment of the indemnity. The
interest rate will be that established by the Secretary of the Treasury
under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)
and published in the Federal Register semiannually on or about January
1 and July 1 of each year, and may vary with each publication.
27. Concealment, Misrepresentation or Fraud
(a) If you have falsely or fraudulently concealed the fact that you
are ineligible to receive benefits under the Act or if you or anyone
assisting you has intentionally concealed or misrepresented any
material fact relating to this policy:
(1) This policy will be voided; and
(2) You may be subject to remedial sanctions in accordance with 7
CFR part 400, subpart R.
(b) Even though the policy is void, you may still be required to
pay 20 percent of the premium due under the policy to offset costs
incurred by us in the service of this policy. If previously paid, the
balance of the premium will be returned.
(c) Voidance of this policy will result in you having to reimburse
all indemnities paid for the crop year in which the voidance was
effective.
(d) Voidance will be effective on the first day of the insurance
period for the crop year in which the act occurred and will not affect
the policy for subsequent crop years unless a violation of this section
also occurred in such crop years.
28. Transfer of Coverage and Right to Indemnity
If you transfer any part of your share during the crop year, you
may transfer your coverage rights, if the transferee is eligible for
crop insurance. We will not be liable for any more than the liability
determined in accordance with your policy that existed before the
transfer occurred. The transfer of coverage rights must be on our form
and will not be effective until approved by us in writing. Both you and
the transferee are jointly and severally liable for the payment of the
premium and administrative fees. The transferee has all rights and
responsibilities under this policy consistent with the transferee's
interest.
29. Assignment of Indemnity
You may assign to another party your right to an indemnity for the
crop year. The assignment must be on our form and will not be effective
until approved in writing by us. The assignee will have the right to
submit all loss notices and forms as required by the policy. If you
have suffered a loss from an insurable cause and fail to file a claim
for indemnity within 60 days after the end of the insurance period, the
assignee may submit the claim for indemnity not later than 15 days
after the 60-day period has expired. We will honor the terms of the
assignment only if we can accurately determine the amount of the claim.
However, no action will lie against us for failure to do so.
30. Subrogation (Recovery of Loss From a Third Party)
Since you may be able to recover all or a part of your loss from
someone other than us, you must do all you can to preserve this right.
If we pay you for your loss, your right to recovery will, at our
option, belong to us. If we recover more than we paid you plus our
expenses, the excess will be paid to you.
31. Descriptive Headings
The descriptive headings of the various policy provisions are
formulated for convenience only and are not intended to affect the
construction or meaning of any of the policy provisions.
32. Notices
(a) All notices required to be given by you must be in writing and
received by your crop insurance agent within the designated time unless
otherwise provided by the notice requirement. Notices required to be
given immediately may be by telephone or in person and confirmed in
writing. Time of the notice will be determined by the time of our
receipt of the written notice. If the date by which you are required to
submit a report or notice falls on Saturday, Sunday, or a Federal
holiday, or, if your agent's office is, for any reason, not open for
business on the date you are required to submit such notice or report,
such notice or report must be submitted on the next business day.
(b) All notices and communications required to be sent by us to you
will be mailed to the address contained in your records located with
your crop insurance agent. Notice sent to such address will be
conclusively presumed to have been received by you. You should advise
us immediately of any change of address.
33. Multiple Benefits
(a) If you are eligible to receive an indemnity under a limited or
additional coverage plan of insurance and are also eligible to receive
benefits for the same loss under any other USDA program, you may
receive benefits under both programs, unless specifically limited by
the crop insurance contract or by law.
(b) The total amount received from all such sources may not exceed
the amount of your actual loss. The total amount of the actual loss is
the difference between the fair market value of the insured commodity
before and after the loss, based on your production records and the
higher of the Base Price or the Harvest Price available for the crop.
(c) FSA will determine and pay the additional amount due you for
any applicable USDA program, after first considering the amount of any
crop insurance indemnity.
34. Written Agreements
Only rates of premium or unit division for this policy may be
altered by written agreement in accordance with the following:
(a) You must apply in writing for each written agreement no later
than the sales closing date, except as provided in section 34(f);
(b) The application for a written agreement must contain the unit
division or rate of premium that will be in effect if the written
agreement rate is not approved;
(c) A written agreement may only be used to insure a CRC crop in a
county without a CRC actuarial table if the
[[Page 66852]]
county without a CRC rate is adjacent to a county with a CRC actuarial
table;
(d) If approved, the written agreement will specify the rate of
premium or unit division that will be in effect;
(e) Each written agreement will only be valid for one crop year (If
the written agreement is not specifically renewed the following year,
the unit division will be in accordance the terms of the Basic
Provisions and Crop Provisions, and the rates of premium for subsequent
crop years will be the rates of premium specified in the actuarial
document), or if no rate is specified the acreage will not be
insurable; and
(f) An application for a written agreement submitted after the
sales closing date may be approved if you demonstrate your physical
inability to apply prior to the sales closing date, or it is submitted
in accordance with any regulation which may be promulgated under 7 CFR
400, and after physical inspection of the acreage by us, if required,
it is determined that no loss has occurred and the crop is insurable in
accordance with the policy and written agreement provisions.
Crop Revenue Coverage Insurance Policy
Coarse Grains Crop Provisions
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) The Special Provisions; (2) the Commodity
Exchange Endorsement; (3) these Crop Provisions; and (4) the Basic
Provisions, with (1) controlling (2), etc.
1. Definitions
Coarse grains. Corn, grain sorghum, and soybeans.
Grain sorghum. The crop defined as sorghum under the United States
Grain Standards Act.
Harvest. Combining, threshing, or picking the insured crop for
grain.
Local market price. The cash grain price per bushel for U.S. No. 2
yellow corn, U.S. No. 2 grain sorghum, or U.S. No. 1 soybeans, offered
by buyers in the area in which you normally market the insured crop.
The local market price will reflect the maximum limits of quality
deficiencies allowable for the U.S. No. 2 grade for yellow corn and
grain sorghum, or U.S. No. 1 grade for soybeans. Factors not associated
with grading under the Official United States Standards for Grain,
including but not limited to protein and oil, will not be considered.
Planted acreage. In addition to the definition contained in the
Basic Provisions, coarse grains must initially be planted in rows (corn
must be planted in rows far enough apart to permit mechanical
cultivation), unless otherwise provided by the Special Provisions or
actuarial documents.
Prevented Planting Guarantee. The Prevented Planting Guarantee for
such acreage will be that percentage of the Final Guarantee for timely
planted acres as set forth in section 12.
Silage. A product that results from severing the plant from the
land and chopping it for the purpose of livestock feed.
2. Coverage Level and Price Percentage
In addition to the requirements of section 4 of the Basic
Provisions all the insurable acreage of each crop in the county insured
as grain under this policy will have the same coverage level and price
percentage elections.
3. Contract Changes
In accordance with section 5 of the Basic Provisions, the contract
change date is November 30 preceding the cancellation date.
4. Cancellation and Termination Dates
In accordance with section 3(h) of the Basic Provisions, the
cancellation and termination dates are:
------------------------------------------------------------------------
Cancellation and
State and county termination dates
------------------------------------------------------------------------
(a) For corn and grain sorghum:
Val Verde, Edwards, Kerr, Kendall, Bexar, January 15.
Wilson, Karnes, Goliad, Victoria, and
Jackson Counties, Texas, and all Texas
counties lying south thereof.
El Paso, Hudspeth, Culberson, Reeves, February 15.
Loving, Winkler, Ector, Upton, Reagan,
Sterling, Coke, Tom Green, Concho,
McCulloch, San Saba, Mills, Hamilton,
Bosque, Johnson, Tarrant, Wise, Cooke
Counties, Texas, and all Texas counties
lying south and east thereof to and
including Terrell, Crockett, Sutton,
Kimble, Gillespie, Blanco, Comal,
Guadalupe, Gonzales, De Witt, Lavaca,
Colorado, Wharton, and Matagorda
Counties, Texas.
Alabama; Arizona; Arkansas; California; February 28.
Florida; Georgia; Louisiana;
Mississippi; Nevada; North Carolina; and
South Carolina.
All other Texas counties and all other March 15.
states.
(b) For soybeans:
Jackson, Victoria, Goliad, Bee, Live Oak, February 15.
McMullen, LaSalle, and Dimmit Counties,
Texas and all Texas counties lying south
thereof.
Alabama; Arizona; Arkansas; California; February 28.
Florida; Georgia; Louisiana;
Mississippi; Nevada; North Carolina; and
South Carolina; and El Paso, Hudspeth,
Culberson, Reeves, Loving, Winkler,
Ector, Upton, Reagan, Sterling, Coke,
Tom Green, Concho, McCulloch, San Saba,
Mills, Hamilton, Bosque, Johnson,
Tarrant, Wise, Cooke Counties, Texas,
and all Texas counties lying south and
east thereof to and including Maverick,
Zavala, Frio, Atascosa, Karnes, De Witt,
Lavaca, Colorado, Wharton, and Matagorda
Counties, Texas.
All other Texas counties and all other March 15.
states.
------------------------------------------------------------------------
5. Insured Crop
(a) In accordance with section 9 of the Basic Provisions, the crop
insured will be each coarse grain crop you elect to insure for which
premium rates and prices are provided by the actuarial documents (or by
written agreement):
(1) In which you have a share;
(2) That is adapted to the area based on days to maturity and is
compatible with agronomic and weather conditions in the area, including
air seeded soybeans subject to our approval;
(3) That is not (unless allowed by the Special Provisions):
(i) Interplanted with another crop; or
(ii) Planted into an established grass or legume; and
(4) Planted for harvest as grain.
(b) For corn only, in addition to the provisions of section 5(a),
the corn crop insured will be all corn that is yellow dent or white
corn, including mixed yellow and white, waxy, high-lysine corn, high-
oil corn blends containing
[[Page 66853]]
mixtures of at least ninety percent high yielding yellow dent female
plants with high-oil male pollinator plants, commercial varieties of
high-protein hybrids, and excluding:
(1) High-amylose, high-oil except as defined in section 5(b),
flint, flour, Indian, or blue corn, or a variety genetically adapted to
provide forage for wildlife or any other open pollinated corn.
(2) A variety of corn adapted for silage use when the corn is
reported for insurance as grain.
(c) For grain sorghum only, in addition to the provisions of
section 5(a), the grain sorghum crop insured will be all of the grain
sorghum in the county:
(1) That is a combine-type hybrid grain sorghum (grown from hybrid
seed); and
(2) That is not a dual-purpose type of grain sorghum (a type used
for both grain and forage).
(d) For soybeans only, in addition to the provisions of section
5(a), the soybean crop insured will be all of the soybeans in the
county that are planted for harvest as beans.
6. Insurable Acreage
In addition to the provisions of section 10 of the Basic
Provisions, any acreage of the insured crop damaged before the final
planting date, to the extent that a majority of producers in the area
would not normally further care for the crop, must be replanted unless
we agree that it is not practical to replant.
7. Insurance Period
In accordance with the provisions under section 12 of the Basic
Provisions, the calendar date for the end of the insurance period is
the date immediately following planting as follows:
(a) For corn:
(1) Val Verde, Edwards, Kerr, Kendall, September 30.
Bexar, Wilson, Karnes, Goliad, Victoria,
and Jackson Counties, Texas, and all
Texas counties lying south thereof.
(2) Clark, Cowlitz, Grays Harbor, Island, October 31.
Jefferson, King, Kitsap, Lewis, Pierce,
Skagit, Snohomish, Thurston, Wahkiakum,
and Whatcom Counties, Washington.
(3) All other counties and states........ December 10.
(b) For grain sorghum:
(1) Val Verde, Edwards, Kerr, Kendall, September 30.
Bexar, Wilson, Karnes, Goliad, Victoria,
and Jackson Counties, Texas, and all
Texas counties lying south thereof.
(2) All other Texas counties and all December 10.
other states.
(c) For soybeans:
All states............................... December 10.
8. Causes of Loss
In accordance with the provisions of section 13 of the Basic
Provisions insurance is provided only against an unavoidable loss of
revenue due to the following causes of loss which occur within the
insurance period:
(a) Adverse weather conditions;
(b) Fire;
(c) Insects, but not damage due to insufficient or improper
application of pest control measures;
(d) Plant disease, but not damage due to insufficient or improper
application of disease control measures;
(e) Wildlife;
(f) Earthquake;
(g) Volcanic eruption;
(h) Failure of the irrigation water supply, if due to a cause of
loss contained in sections 8(a) through (g) occurring within the
insurance period; or
(i) A Harvest Price that is less than the Base Price.
9. Replanting Payments
(a) In accordance with section 14 of the Basic Provisions,
replanting payments for coarse grains are allowed if the coarse grains
are damaged by an insurable cause of loss to the extent that the
remaining stand will not produce at least 90 percent of the Minimum
Guarantee for the acreage and it is practical to replant.
(b) The maximum amount of the replanting payment per acre will be
the lesser of 20 percent of the Minimum Guarantee or:
(1) For corn, 8 bushels multiplied by the Base Price, multiplied by
your insured share;
(2) For grain sorghum, 7 bushels multiplied by the Base Price,
multiplied by your insured share; and
(3) For soybeans, 3 bushels multiplied by the Base Price,
multiplied by your insured share.
(c) When the crop is replanted using a practice that is uninsurable
as an original planting, the Final Guarantee for the unit will be
reduced by the amount of the replanting payment which is attributable
to your share. The premium amount will not be reduced.
10. Duties in the Event of Damage or Loss
(a) In accordance with the requirements of section 15 of the Basic
Provisions, if you initially discover damage to any insured crop within
15 days of or during harvest, you must leave representative samples of
the unharvested crop for our inspection. The samples must be at least
10 feet wide, extend the entire length of each field in the unit, and
must not be harvested or destroyed until the earlier of our inspection
or 15 days after harvest of the balance of the unit is completed.
(b) In addition to the requirements of section 15 of the Basic
Provisions, you must notify us before harvest begins if you intend to
harvest corn acreage for silage.
11. Settlement of Claim
(a) We will determine your loss on a unit basis. In the event you
are unable to provide separate acceptable production records:
(1) For any optional unit, we will combine all optional units for
which such production records were not provided; or
(2) For any basic unit, we will allocate any commingled production
to such units in proportion to our liability on the harvested acreage
for each unit.
(b) In the event of loss or damage covered by this policy, we will
settle your claim on any insured basic or optional unit of coarse
grains by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee;
(2) Subtracting the Calculated Revenue from the result of section
11(b)(1); and
(3) Multiplying the result of section 11(b)(2) by your share.
If the result of section 11(b)(3) is greater than zero, an
indemnity will be paid. If the result of section 11(b)(3) is less than
zero, no indemnity will be due.
(c) In the event of loss or damage covered by this policy, we will
settle
[[Page 66854]]
your claim on any insured enterprise unit by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee for each basic unit or optional unit within the enterprise
unit;
(2) For each basic unit or optional unit in section 11(c)(1),
compute the Calculated Revenue;
(3) Subtract each result in section 11(c)(2) from the respective
result of section 11(c)(1); and
(4) Multiplying each result of section 11(c)(3) by your share; and
(5) Total the results of section 11(c)(4).
If the result of section 11(c)(5) is greater than zero, an
indemnity will be paid. If the result of section 11(c)(5) is less than
zero, no indemnity will be due.
(d) The total production in bushels to count from all insurable
acreage for the crop on the unit will include:
(1) All appraised production as follows:
(i) Not less than that amount of production that when multiplied by
the Harvest Price equals the Final Guarantee for the acreage:
(A) That is abandoned;
(B) Put to another use without our consent;
(C) Planted for grain but harvested as silage, if you fail to give
us notice before harvest begins;
(D) Damaged solely by uninsured causes; or
(E) For which you fail to provide records of production that are
acceptable to us;
(ii) Production lost due to uninsured causes;
(iii) Unharvested production (mature unharvested production may be
adjusted for quality deficiencies and excess moisture in accordance
with section 11(e)); and
(iv) Potential production on insured acreage you intend to put to
another use or abandon, if you and we agree on the appraised amount of
production. Upon such agreement the insurance period for that acreage
will end when you put the acreage to another use or abandon the crop.
If agreement on the appraised amount of production is not reached:
(A) If you do not elect to continue to care for the crop we may
give you consent to put the acreage to another use if you agree to
leave intact, and provide sufficient care for, representative samples
of the crop in locations acceptable to us (The amount of production to
count for such acreage will be based on the harvested production or
appraisals from the samples at the time harvest should have occurred.
If you do not leave the required samples intact, or you fail to provide
sufficient care for the samples, our appraisal made prior to giving you
consent to put the acreage to another use will be used to determine the
amount of production to count.); or
(B) If you elect to continue to care for the crop, the amount of
production to count for the acreage will be the harvested production,
or our reappraisal if additional damage occurs and the crop is not
harvested; and
(2) All harvested production from the insurable acreage.
(e) Mature coarse grain production may be adjusted for excess
moisture and quality deficiencies. If moisture adjustment is applicable
it will be made prior to any adjustment for quality.
(1) Production will be reduced by 0.12 percent for each 0.1
percentage point of moisture in excess of:
(i) Fifteen percent for corn (If moisture exceeds 30 percent,
production will be reduced 0.2 percent for each 0.1 percentage point
above 30 percent);
(ii) Fourteen percent for grain sorghum; and
(iii) Thirteen percent for soybeans.
We may obtain samples of the production to determine the moisture
content.
(2) Production will be eligible for quality adjustment if:
(i) Deficiencies in quality, in accordance with the Official United
States Standards for Grain, result in:
(A) Corn not meeting the grade requirements for U.S. No. 4 (grades
U.S. No. 5 or worse) because of test weight or kernel damage (excluding
heat damage) or having a musty, sour, or commercially objectionable
foreign odor;
(B) Grain sorghum not meeting the grade requirements for U.S. No. 4
(grades U.S. Sample grade) because of test weight or kernel damage
(excluding heat damage) or having a musty, sour, or commercially
objectionable foreign odor (except smut odor), or meets the special
grade requirements for smutty grain sorghum; or
(C) Soybeans not meeting the grade requirements for U.S. No. 4
(grades U.S. Sample grade) because of test weight or kernel damage
(excluding heat damage) or having a musty, sour, or commercially
objectionable foreign odor (except garlic odor), or which meet the
special grade requirements for garlicky soybeans; or
(ii) Substances or conditions are present that are identified by
the Food and Drug Administration or other public health organizations
of the United States as being injurious to human or animal health.
(3) Quality will be a factor in determining your loss only if:
(i) The deficiencies, substances, or conditions resulted from a
cause of loss against which insurance is provided under these crop
provisions;
(ii) All determinations of these deficiencies, substances, or
conditions are made using samples of the production obtained by us or
by a disinterested third party approved by us; and
(iii) The samples are analyzed by a grader licensed under the
authority of the United States Grain Standards Act or the United States
Warehouse Act with regard to deficiencies in quality, or by a
laboratory approved by us with regard to substances or conditions
injurious to human or animal health. (Test weight for quality
adjustment purposes may be determined by our loss adjuster).
(4) Coarse grain production that is eligible for quality
adjustment, asspecified in sections 11(e)(2) and 11(e)(3), will be
reduced by the quality adjustment factor contained in the Special
Provisions.
(f) Any production harvested from plants growing in the insured
crop may be counted as production of the insured crop on a weight
basis.
12. Prevented Planting
Your prevented planting coverage will be 60 percent of your Final
Guarantee for timely planted acreage. You may increase your prevented
planting coverage to a level specified in the actuarial documents by
paying an additional premium.
Crop Revenue Coverage
Mandatory Actuarial Document Endorsement
Commodity Exchange Endorsement--Coarse Grains (This is a Continuous
Endorsement)
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) the Special Provisions; (2) this Commodity
Exchange Endorsement; (3) the Crop Provisions; and (4) the Basic
Provisions, with (1) controlling (2), etc.
How this endorsement affects your coverage:
(I) This endorsement is attached to and made a part of your Crop
Revenue Coverage (CRC) Coarse Grains crop policy provisions and
actuarial documents, subject to the terms and conditions described
herein.
(II) This endorsement specifies how, where, and when commodity
prices for your CRC Coarse Grains policy are determined.
[[Page 66855]]
(III) You may only select 100 percent of the Base Price and Harvest
Price.
(IV) This endorsement defines the Average Daily Settlement Price,
as used in the Base Price and Harvest Price, as--The average calculated
by totaling the daily settlement prices for the contract specified in
the applicable Base Price or Harvest Price definition (established on
full active trading days), during the month specified in the applicable
Base Price or Harvest Price definition, and dividing that sum by the
total number of days included in the total. The average must include at
least fifteen (15) days and each day included in the average must be a
full active trading day for the contract specified in the applicable
Base Price or Harvest Price definition. A full active trading day is
any day on which there are fifty (50) or more open interest contracts
of the contract specified in the Base Price or Harvest Price
definition. If there are less than fifteen (15) full active trading
days for the contract specified in the applicable Base Price or Harvest
Price definition, during the month specified in the applicable Base
Price or Harvest Price definition, then additional daily settlement
prices, established on full active trading days, for the contract
immediately prior to the contract specified in the applicable Base
Price or Harvest Price definition, during the month specified in the
applicable Base Price or Harvest Price definition, will be used until
there are fifteen (15) prices from fifteen (15) full active trading
days included in the average.
(V) This endorsement defines the Base Price and Harvest Price as
shown in Section 1 of the Crop Revenue Coverage Basic Provisions by
Cancellation Date as follows:
Corn (for Grain)--Chicago Board of Trade (CBOT)--Counties with a March
15 Cancellation Date
Base Price (CBOT)--The February harvest year's average daily
settlement price for the harvest year's CBOT December corn futures
contract rounded to the nearest whole cent. The Base Price will be
released as an actuarial document addendum by March 10 of the harvest
year.
Harvest Price (CBOT)--The November harvest year's average daily
settlement price for the harvest year's CBOT December corn futures
contract rounded to the nearest whole cent. The Harvest Price cannot be
less than the Base Price minus one dollar and fifty cents ($1.50), or
greater than the Base Price plus one dollar and fifty cents ($1.50).
The Harvest Price will be released as an actuarial document addendum by
December 10 of the harvest year.
Corn (for Grain)--CBOT--Counties with a Cancellation Date prior to
March 15
Base Price (CBOT)--The December pre-harvest year's average daily
settlement price for the harvest year's CBOT September corn futures
contract rounded to the nearest whole cent. The Base Price will be
released as an actuarial document addendum by January 10 of the harvest
year.
Harvest Price (CBOT)--The August harvest year's average daily
settlement price for the harvest year's CBOT September corn futures
contract rounded to the nearest whole cent. The Harvest Price cannot be
less than the Base Price minus one dollar and fifty cents ($1.50), or
greater than the Base Price plus one dollar and fifty cents ($1.50).
The Harvest Price will be released as an actuarial document addendum by
September 10 of the harvest year.
Grain Sorghum (for Grain)--CBOT--Counties with a March 15 Cancellation
Date
Base Price (CBOT)--The Preliminary Grain Sorghum Base Price equals
the February harvest year's average daily settlement price for the
harvest year's CBOT December corn futures contract rounded to the
nearest whole cent, multiplied times .95 and rounded to the nearest
whole cent. The Base Price will be released as an actuarial document
addendum by March 10 of the harvest year.
Harvest Price (CBOT)--The Preliminary Grain Sorghum Harvest Price
equals the November harvest year's average daily settlement price for
the harvest year's CBOT December corn futures contract rounded to the
nearest whole cent, multiplied times .95 and rounded to the nearest
whole cent. The Harvest Price cannot be less than the Base Price minus
one dollar and fifty cents ($1.50), or greater than the Base Price plus
one dollar and fifty cents ($1.50). The Harvest Price will be released
as an actuarial document addendum by December 10 of the harvest year.
Grain Sorghum (for Grain)--CBOT--Counties with a Cancellation Date
prior to March 15
Base Price (CBOT)--The Preliminary Grain Sorghum Base Price equals
the December pre-harvest year's average daily settlement price for the
harvest year's CBOT September corn futures contract rounded to the
nearest whole cent, multiplied times .95 and rounded to the nearest
whole cent. The Base Price will be released as an actuarial document
addendum by January 10 of the harvest year.
Harvest Price (CBOT)--The Preliminary Grain Sorghum Harvest Price
equals the August harvest year's average daily settlement price for the
harvest year's CBOT September corn futures contract rounded to the
nearest whole cent, multiplied times .95 and rounded to the nearest
whole cent. The Harvest Price cannot be less than the Base Price minus
one dollar and fifty cents ($1.50), or greater than the Base Price plus
one dollar and fifty cents ($1.50). The Harvest Price will be released
as an actuarial document addendum by September 10 of the harvest year.
Soybeans--CBOT--Counties with a March 15 Cancellation Date
Base Price (CBOT)--The February harvest year's average daily
settlement price for the harvest year's CBOT November soybean futures
contract rounded to the nearest whole cent. The Base Price will be
released as an actuarial document addendum by March 10 of the harvest
year.
Harvest Price (CBOT)--The October harvest year's average daily
settlement price for the harvest year's CBOT November soybean futures
contract rounded to the nearest whole cent. The Harvest Price cannot be
less than the Base Price minus three dollars ($3.00), or greater than
the Base Price plus three dollars ($3.00). The Harvest Price will be
released as an actuarial document addendum by November 10 of the
harvest year.
Soybeans--CBOT--Counties with a Cancellation Date prior to March 15
Base Price (CBOT)--The December pre-harvest year's average daily
settlement price for the harvest year's CBOT September soybean futures
contract rounded to the nearest whole cent. The Base Price will be
released as an actuarial document addendum by January 10 of the harvest
year.
Harvest Price (CBOT)--The August harvest year's average daily
settlement price for the harvest year's CBOT September soybean futures
contract rounded to the nearest whole cent. The Harvest Price cannot be
less than the Base Price minus three dollars ($3.00), or greater than
the Base Price plus three dollars ($3.00). The Harvest Price will be
released as an actuarial document addendum by September 10 of the
harvest year.
All other terms and conditions of the Policy remain unchanged.
[[Page 66856]]
Crop Revenue Coverage Insurance Policy
Cotton Crop Provisions
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) The Special Provisions; (2) the Commodity
Exchange Endorsement; (3) these Crop Provisions; and (4) the Basic
Provisions, with (1) controlling (2), etc.
1. Definitions
Cotton. Varieties identified as American Upland Cotton.
Final Guarantee. In lieu of the definition contained in the Basic
Provisions, the number of dollars guaranteed per acre is determined to
be the higher of the Minimum Guarantee or the Harvest Guarantee, where:
(1) Minimum Guarantee--The Approved Yield per acre, multiplied by
the applicable cotton yield conversion factor for non-irrigated skip-
row planting patterns, multiplied by the Base Price multiplied by the
coverage level percentage you elect.
(2) Harvest Guarantee--The Approved Yield per acre, multiplied by
the applicable cotton yield conversion factor for non-irrigated skip-
row planting patterns, multiplied by the Harvest Price, multiplied by
the coverage level percentage you elect. If you elect enterprise unit
coverage, the Basic Units or Optional Units comprising the enterprise
unit will retain separate Final Guarantees.
Growth area. A geographic area designated by the Secretary of
Agriculture for the purpose of reporting cotton prices.
Harvest. The removal of the seed cotton from the open cotton boll,
or the severance of the open cotton boll from the stalk by either
manual or mechanical means.
Mature cotton. Cotton that can be harvested either manually or
mechanically.
Planted acreage. In addition to the definition contained in the
Basic Provisions, cotton must be planted in rows, unless otherwise
provided by the Special Provisions or actuarial documents. The yield
conversion factor normally applied to non-irrigated skip-row cotton
acreage will not be used if the land between the rows of cotton is
planted to any other spring planted crop.
Prevented Planting Guarantee. The Prevented Planting Guarantee for
such acreage will be that percentage of the Final Guarantee for timely
planted acres as set forth in section 11.
Skip-row. A planting pattern that:
(1) Consists of alternating rows of cotton and fallow land or land
planted to another crop the previous fall; and
(2) Qualifies as a skip-row planting pattern as defined by FSA.
2. Coverage Level and Price Percentage
In addition to the requirements of section 4 of the Basic
Provisions all the insurable acreage of cotton in the county insured as
cotton under this policy will have the same coverage level and price
percentage elections.
3. Contract Changes
In accordance with section 5 of the Basic Provisions, the contract
change date is November 30 preceding the cancellation date.
4. Cancellation and Termination Dates
In accordance with section 3(h) of the Basic Provisions, the
cancellation and termination dates are:
------------------------------------------------------------------------
Cancellation and
State and county termination dates
------------------------------------------------------------------------
Val Verde, Edwards, Kerr, Kendall, Bexar, January 15.
Wilson, Karnes, Goliad, Victoria, and
Jackson Counties, Texas, and all Texas
counties lying south thereof.
Alabama; Arizona; Arkansas; California; February 28.
Florida; Georgia; Louisiana; Mississippi;
Nevada; North Carolina; South Carolina; El
Paso, Hudspeth, Culberson, Reeves, Loving,
Winkler, Ector, Upton, Reagan, Sterling,
Coke, Tom Green, Concho, McCulloch, San
Saba, Mills, Hamilton, Bosque, Johnson,
Tarrant, Wise, and Cooke Counties, Texas,
and all Texas counties lying south and east
thereof to and including Terrell, Crocket,
Sutton, Kimble, Gillespie, Blanco, Comal,
Guadalupe, Gonzales, De Witt, Lavaca,
Colorado, Wharton, and Matagorda Counties,
Texas.
All other Texas counties and all other states March 15.
------------------------------------------------------------------------
5. Insured Crop
In accordance with section 9 of the Basic Provisions, the crop
insured will be all the cotton lint, in the county for which premium
rates are provided by the actuarial documents (or by written
agreement):
(a) In which you have a share; and
(b) That is not (unless allowed by the Special Provisions):
(1) Colored cotton lint;
(2) Planted into an established grass or legume;
(3) Interplanted with another spring planted crop;
(4) Grown on acreage from which a hay crop was harvested in the
same calendar year unless the acreage is irrigated; or
(5) Grown on acreage on which a small grain crop reached the
heading stage in the same calendar year unless the acreage is irrigated
or adequate measures are taken to terminate the small grain crop prior
to heading and less than 50 percent of the small grain plants reach the
heading stage.
6. Insurable Acreage
In addition to the provisions of section 10 of the Basic
Provisions:
(a) The acreage insured will be only the land occupied by the rows
of cotton when a skip row planting pattern is utilized; and
(b) Any acreage of the insured crop damaged before the final
planting date, to the extent that a majority of producers in the area
would not normally further care for the crop, must be replanted unless
we agree that it is not practical to replant.
7. Insurance Period
(a) In lieu of section 12(b)(2) of the Basic Provisions, insurance
will end upon the removal of the cotton from the field.
(b) In accordance with the provisions under section 12 of the Basic
Provisions, the calendar date for the end of the insurance period is
the date immediately following planting as follows:
(1) September 30 in Val Verde, Edwards, Kerr, Kendall, Bexar,
Wilson, Karnes, Goliad, Victoria, and Jackson Counties, Texas, and all
Texas counties lying south thereof;
(2) January 31 in Arizona, California, New Mexico, Oklahoma, and
all other Texas counties; and
(3) December 31 in all other states.
8. Causes of Loss
In accordance with the provisions of section 13 of the Basic
Provisions, insurance is provided only against an unavoidable loss of
revenue due to the following causes of loss which occur within the
insurance period:
(a) Adverse weather conditions;
[[Page 66857]]
(b) Fire;
(c) Insects, but not damage due to insufficient or improper
application of pest control measures;
(d) Plant disease, but not damage due to insufficient or improper
application of disease control measures;
(e) Wildlife;
(f) Earthquake;
(g) Volcanic eruption;
(h) Failure of the irrigation water supply, if due to a cause of
loss contained in sections 8(a) through (g) occurring within the
insurance period; or
(i) A Harvest Price that is less than the Base Price.
9. Duties in the Event of Damage or Loss
(a) In addition to your duties under section 15 of the Basic
Provisions, in the event of damage or loss:
(1) The cotton stalks must remain intact for our inspection; and
(2) If you initially discover damage to the insured crop within 15
days of harvest, or during harvest, you must leave representative
samples of the unharvested crop in the field for our inspection. The
samples must be at least 10 feet wide and extend the entire length of
each field in the unit.
(b) The stalks must not be destroyed, and required samples must not
be harvested, until the earlier of our inspection or 15 days after
harvest of the balance of the unit is completed and written notice of
probable loss is given to us.
10. Settlement of Claim
(a) We will determine your loss on a unit basis. In the event you
are unable to provide separate acceptable production records:
(1) For any optional unit, we will combine all optional units for
which such production records were not provided; or
(2) For any basic unit, we will allocate any commingled production
to such units in proportion to our liability on the harvested acreage
for each unit.
(b) In the event of loss or damage covered by this policy, we will
settle your claim on any insured basic or optional unit by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee;
(2) Subtracting the Calculated Revenue from the result of section
10(b)(1); and
(3) Multiplying the results of section 10(b)(2) by your share.
If the result of section 10(b)(3) is greater than zero, an
indemnity will be paid. If the result of section 10(b)(3) is less than
zero, no indemnity will be due.
(c) In the event of loss or damage covered by this policy, we will
settle your claim on any insured enterprise unit by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee for each basic unit or optional unit within the enterprise
unit;
(2) For each basic unit or optional unit in section 10(c)(1),
compute the Calculated Revenue;
(3) Subtract each result in section 10(c)(2) from the respective
result of section 10(c)(1); and
(4) Multiplying each result of section 10(c)(3) by your share; and
(5) Total the results of section 10(c)(4).
If the result of section 10(c)(5) is greater than zero, an
indemnity will be paid. If the result of section 10(c)(5) is less than
zero, no indemnity will be due.
(d) The total production (in pounds) to count from all insurable
acreage on the unit will include:
(1) All appraised production as follows:
(i) Not less than that amount of production that when multiplied by
the Harvest Price equals the Final Guarantee for the acreage:
(A) That is abandoned;
(B) Put to another use without our consent;
(C) Damaged solely by uninsured causes;
(D) For which you fail to provide records of production that are
acceptable to us; or
(E) On which the cotton stalks are destroyed, in violation of
section 9;
(ii) Production lost due to uninsured causes;
(iii) Unharvested production (mature unharvested production of
white cotton may be adjusted for quality deficiencies in accordance
with section 10(e)); and
(iv) Potential production on insured acreage you intend to put to
another use or abandon, if you and we agree on the appraised amount of
production. Upon such agreement, the insurance period for that acreage
will end when you put the acreage to another use or abandon the crop.
If agreement on the appraised amount of production is not reached:
(A) If you do not elect to continue to care for the crop we may
give you consent to put the acreage to another use if you agree to
leave intact, and provide sufficient care for, representative samples
of the crop in locations acceptable to us (The amount of production to
count for such acreage will be based on the harvested production or
appraisals from the samples at the time harvest should have occurred.
If you do not leave the required samples intact, or you fail to provide
sufficient care for the samples, our appraisal made prior to giving you
consent to put the acreage to another use will be used to determine the
amount of production to count); or
(B) If you elect to continue to care for the crop, the amount of
production to count for the acreage will be the harvested production,
or our reappraisal if additional damage occurs and the crop is not
harvested; and
(2) All harvested production from the insurable acreage, including
any mature cotton retrieved from the ground.
(e) Mature white cotton may be adjusted for quality when production
has been damaged by insured causes. Unless otherwise provided by the
Special Provisions, such production to count will be reduced if the
price quotation for cotton of like quality (price quotation ``A'') for
the applicable growth area is less than 75 percent of price quotation
``B''. Price quotation ``B'' is defined as the price quotation for the
applicable growth area for cotton of the color and leaf grade, staple
length, and micronaire reading designated in the Special Provisions for
this purpose. Price quotations ``A'' and ``B'' will be the price
quotations contained in the Daily Spot Cotton Quotations published by
the USDA Agricultural Marketing Service on the date the last bale from
the unit is classed. If not available on the date the last bale was
classed, the price quotations will be determined on the date the last
bale from the unit was delivered to the warehouse, as shown on the
insured's account summary obtained from the gin. If eligible for
quality adjustment, the amount of production to be counted will be
determined by multiplying the number of pounds of production eligible
for such adjustment by the factor derived from dividing price quotation
``A'' by price quotation ``B''.
(f) Colored cotton lint will not be eligible for quality
adjustment.
11. Prevented Planting
(a) In addition to the provisions contained in section 18 of the
Basic Provisions, your prevented planting Final Guarantee will be based
on your approved yield without adjustment for skip-row planting
patterns.
(b) Your prevented planting coverage will be 50 percent of your
Final Guarantee for timely planted acreage. You may increase your
prevented planting coverage to a level specified in the actuarial
documents by paying an additional premium.
[[Page 66858]]
Crop Revenue Coverage
Mandatory Actuarial Document Endorsement
Commodity Exchange Endorsement--Cotton (This is a Continuous
Endorsement)
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) the Special Provisions; (2) this Commodity
Exchange Endorsement; (3) the Crop Provisions; and (4) the Basic
Provisions, with (1) controlling (2), etc.
How this endorsement affects your coverage
(I) This endorsement is attached to and made a part of your Crop
Revenue Coverage (CRC) Cotton crop policy provisions and actuarial
documents, subject to the terms and conditions described herein.
(II) This endorsement specifies how, where, and when commodity
prices for your CRC Cotton policy are determined.
(III) You may only select 100 percent of the Base Price and Harvest
Price.
(IV) This endorsement defines the Average Daily Settlement Price,
as used in the Base Price and Harvest Price, as--The average calculated
by totaling all the daily settlement prices for the contract specified
in the applicable Base Price or Harvest Price definition (established
on full active trading days), during the month specified in the
applicable Base Price or Harvest Price definition, and dividing that
sum by the total number of days included in the total. The average must
include at least fifteen (15) days and each day included in the average
must be a full active trading day for the contract specified in the
applicable Base Price or Harvest Price definition. A full active
trading day is any day on which there are fifty (50) or more open
interest contracts of the contract specified in the Base Price or
Harvest Price definition. If there are less than fifteen (15) full
active trading days for the contract specified in the applicable Base
Price or Harvest Price definition, during the month specified in the
applicable Base Price or Harvest Price definition, then additional
daily settlement prices, established on full active trading days, for
the contract immediately prior to the contract specified in the
applicable Base Price or Harvest Price definition, during the month
specified in the applicable Base Price or Harvest Price definition,
will be used until there are fifteen (15) prices from fifteen (15) full
active trading days included in the average.
(V) This endorsement defines the Base Price and Harvest Price as
shown in Section 1 of the Crop Revenue Coverage Basic Provisions by
Cancellation Date as follows:
Cotton--New York Cotton Exchange (NYCE)--Counties with a February 28 or
March 15 Cancellation Date
Base Price (NYCE)--The January 15 to February 14 harvest year's
average daily settlement price for the harvest year's NYCE December
cotton futures contract rounded to the nearest whole cent. The Base
Price will be released as an actuarial document addendum by February 20
of the harvest year.
Harvest Price (NYCE)--The November harvest year's average daily
settlement price for the harvest year's NYCE December cotton futures
contract rounded to the nearest whole cent. The Harvest Price cannot be
less than the Base Price minus seventy cents ($0.70), or greater than
the Base Price plus seventy cents ($0.70). The Harvest Price will be
released as an actuarial document addendum by December 10 of the
harvest year.
Cotton--NYCE--Counties with a January 15 Cancellation Date
Base Price (NYCE)--The December pre-harvest year's average daily
settlement price for the harvest year's NYCE October cotton futures
contract rounded to the nearest whole cent. The Base Price will be
released as an actuarial document addendum by January 10 of the harvest
year.
Harvest Price (NYCE)--The September harvest year's average daily
settlement price for the harvest year's NYCE October cotton futures
contract rounded to the nearest whole cent. The Harvest Price cannot be
less than the Base Price minus seventy cents ($0.70), or greater than
the Base Price plus seventy cents ($0.70). The Harvest Price will be
released as an actuarial document addendum by October 10 of the harvest
year.
All other terms and conditions of the Policy remain unchanged.
Crop Revenue Coverage Insurance Policy
Rice Crop Provisions
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) The Special Provisions; (2) The Commodity
Exchange Endorsement; (3) these Crop Provisions; and (4) The Basic
Provisions, with (1) controlling (2), etc.
1. Definitions
Average Daily Settlement Price. Refer to the definition contained
in the Commodity Exchange Endorsement--Rice.
Flood irrigation. An irrigated practice commonly used for rice
production whereby the planted acreage is intentionally covered with
water that is maintained at a uniform and shallow depth throughout the
growing season.
Harvest. Combining or threshing the rice for grain. A crop that is
swathed prior to combining is not considered harvested.
Local market price. The cash price per pound for the U.S. No. 3
grade of rough rice offered by buyers in the area in which you normally
market rice. Factors not associated with grading under the United
States Standards for Rice including, but not limited to, protein and
oil content or milling quality will not be considered.
Planted. The uniform placement of an adequate amount of rice seed
into a prepared seedbed by one of the following methods:
(a) Drill seeding--Using a grain drill to incorporate the seed to a
proper soil depth;
(b) Broadcast seeding--Distributing seed evenly onto the surface of
an un-flooded seedbed followed by either timely mechanical
incorporation of the seed to a proper soil depth in the seedbed or
flushing the seedbed with water; or
(c) Broadcast seeding into a controlled flood--Distributing the
rice seed onto a prepared seedbed that has been intentionally covered
to a proper depth by water. The water must be free of movement and be
completely contained on the acreage by properly constructed levees and
gates.
Acreage seeded in any other manner will not be insurable unless
otherwise provided by the Special Provisions.
Prevented planting guarantee. The Prevented Planting Guarantee for
such acreage will be that percentage of the Final Guarantee for timely
planted acres as set forth in section 13.
Saline water. Water that contains a concentration of salt
sufficient to cause damage to the insured crop.
Second crop rice. The regrowth of a stand of rice following harvest
of the initially insured rice crop that can be harvested in the same
crop year.
Swathed. Severance of the stem and grain head from the ground
without removal of the rice kernels from the plant and placing in a
windrow.
Total milling yield. Rice production consisting of heads, second
heads, screenings, and brewer's rice as defined by the official United
States Standards for Rice.
2. Unit Structure
Provisions in the Basic Provisions that allow optional units by
irrigated and
[[Page 66859]]
non-irrigated practices are not applicable.
3. Coverage Level and Price Percentage
In addition to the requirements of section 4 of the Basic
Provisions all the insurable acreage of rice in the county insured as
grain under this policy will have the same coverage level and price
percentage elections.
4. Contract Changes
In accordance with section 5 in the Basic Provisions, the contract
change date is November 30 preceding the cancellation date.
5. Cancellation and Termination Dates
In accordance with section 3(h) of the Basic Provisions, the
cancellation and termination dates are:
------------------------------------------------------------------------
Cancellation and
State and county termination date
------------------------------------------------------------------------
Jackson, Victoria, Goliad, Bee, Live Oak, January 15.
McMullen, La Salle, and Dimmit Counties,
Texas; and all Texas Counties south thereof.
Florida...................................... February 15.
All other Texas counties and all other states February 28.
------------------------------------------------------------------------
6. Insured Crop
In accordance with section 9 of the Basic Provisions, the crop
insured will be all the rice in the county for which a premium rate is
provided by the actuarial documents (or by written agreement):
(a) In which you have a share;
(b) That is planted for harvest as grain;
(c) That is flood irrigated; and
(d) That is not wild rice.
7. Insurable Acreage
In addition to the provisions of section 10 of the Basic
Provisions:
(a) We will not insure any acreage planted to rice:
(1) The preceding crop year unless allowed by the Special
Provisions; or
(2) That does not meet the rotation requirements shown in the
Special Provisions; and
(b) Any acreage of the insured crop damaged before the final
planting date, to the extent that producers in the area would normally
not further care for the crop, must be replanted unless we agree that
it is not practical to replant.
8. Insurance Period
In accordance with the provisions of section 12 of the Basic
Provisions, the calendar date for the end of the insurance period is
October 31 immediately following planting.
9. Causes of Loss
(a) In accordance with the provisions of section 13 of the Basic
Provisions, insurance is provided only against an unavoidable loss of
revenue due to the following causes of loss which occur within the
insurance period:
(1) Adverse weather conditions (except drought);
(2) Fire;
(3) Insects, but not damage due to insufficient or improper
application of pest control measures;
(4) Plant disease, but not damage due to insufficient or improper
application of disease control measures;
(5) Wildlife;
(6) Earthquake;
(7) Volcanic eruption;
(8) Failure of the irrigation water supply, if due to a cause of
loss contained in sections 9(a)(1) through 9(a)(7) occurring within the
insurance period; or
(9) A Harvest Price that is less than the Base Price.
(b) In addition to the causes of loss not insured against in
section 13 of the Basic Provisions, we will not insure against any loss
of revenue due to the application of saline water.
10. Replanting Payment
(a) A replanting payment for rice is allowed as follows:
(1) You must comply with all requirements regarding replanting
payments contained under section 14 of the Basic Provisions;
(2) The rice must be damaged by an insurable cause of loss to the
extent that the remaining stand will not produce at least 90 percent of
the Minimum Guarantee for the acreage; and
(3) The replanted rice must be seeded at a rate that is normal for
initially planted rice (if new seed is planted at a reduced seeding
rate into a partially damaged stand of rice, the acreage will not be
eligible for a replanting payment).
(b) In accordance with the provisions of section 14 of the Basic
Provisions, the maximum amount of the replanting payment per acre will
be the lesser of 20 percent of the Minimum Guarantee or 400 pounds,
multiplied by the Base Price, multiplied by your insured share.
(c) When rice is replanted using a practice that is uninsurable as
an original planting, the liability for the unit will be reduced by the
amount of the replanting payment. The premium amount will not be
reduced.
11. Duties in the Event of Damage or Loss
In addition to your duties under section 15 of the Basic
Provisions, if you initially discover damage to any insured crop within
15 days of, or during harvest, you must leave representative samples of
the unharvested crop for our inspection. The samples must be at least
10 feet wide and the entire length of each field in the unit, and must
not be harvested or destroyed until the earlier of our inspection or 15
days after harvest of the balance of the unit is completed.
12. Settlement of Claim
(a) We will determine your loss on a unit basis. In the event you
are unable to provide separate acceptable production records:
(1) For any optional unit, we will combine all optional units for
which such production records were not provided; or
(2) For any basic unit, we will allocate any commingled production
to such units in proportion to our liability on the harvested acreage
for each unit.
(b) In the event of loss or damage covered by this policy, we will
settle your claim on any insured basic or optional unit of rice by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee;
(2) Subtracting the Calculated Revenue from the result of section
12(b)(1); and
(3) Multiplying the result of 12(b)(2) by your share.
If the result of section 12(b)(3) is greater than zero, an
indemnity will be paid. If the result of section 12(b)(3) is less than
zero, no indemnity will be due.
(c) In the event of loss or damage covered by this policy, we will
settle your claim on any insured enterprise unit by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee for each basic unit or optional unit within the enterprise
unit;
(2) For each basic unit or optional unit in section 12(c)(1),
compute the Calculated Revenue;
[[Page 66860]]
(3) Subtract each result in section 12(c)(2) from the respective
result of section 12(c)(1); and
(4) Multiplying each result of section 12(c)(3) by your share; and
(5) Total the results of section 12(c)(4).
If the result of section 12(c)(5) is greater than zero, an
indemnity will be paid. If the result of section 12(c)(5) is less than
zero, no indemnity will be due.
(d) The total production to count (in pounds) from all insurable
acreage on the unit will include:
(1) All appraised production as follows:
(i) Not less than that amount of production that when multiplied by
the Harvest Price equals the Final Guarantee for acreage:
(A) That is abandoned;
(B) Put to another use without our consent;
(C) That is damaged solely by uninsured causes; or
(D) For which you fail to provide acceptable production records;
(ii) Production lost due to uninsured causes;
(iii) Unharvested production (mature unharvested production may be
adjusted for quality deficiencies and excess moisture in accordance
with section 12(e));
(iv) Potential production on insured acreage that you intend to put
to another use or abandon, if you and we agree on the appraised amount
of production. Upon such agreement, the insurance period for that
acreage will end when you put the acreage to another use or abandon the
crop. If agreement on the appraised amount of production is not
reached:
(A) If you do not elect to continue to care for the crop, we may
give you consent to put the acreage to another use if you agree to
leave intact, and provide sufficient care for, representative samples
of the crop in locations acceptable to us (The amount of production to
count for such acreage will be based on the harvested production or
appraisals from the samples at the time harvest should have occurred.
If you do not leave the required samples intact, or you fail to provide
sufficient care for the samples, our appraisal made prior to giving you
consent to put the acreage to another use will be used to determine the
amount of production to count); or
(B) If you elect to continue to care for the crop, the amount of
production to count for the acreage will be the harvested production,
or our reappraisal if additional damage occurs and the crop is not
harvested; and
(2) All harvested production from the insurable acreage, including
any production from a second rice crop harvested in the same crop year.
(e) Mature rough rice may be adjusted for excess moisture and
quality deficiencies. If moisture adjustment is applicable, it will be
made prior to any adjustment for quality.
(1) Production will be reduced by 0.12 percent for each 0.1
percentage point of moisture in excess of 12 percent. We may obtain
samples of the production to determine the moisture content.
(2) Production will be eligible for quality adjustment if:
(i) Deficiencies in quality, in accordance with the Official United
States Standards for Rice, result in rice not meeting the grade
requirements for U.S. No. 3 (grades U.S. No. 4 or worse) because of red
rice, chalky kernels or damaged kernels;
(ii) The rice has a total milling yield of less than 68 pounds per
hundredweight;
(iii) The whole kernel weight is less than 55 pounds per
hundredweight of milled rice for medium and short grain varieties;
(iv) The whole kernel weight is less than 48 pounds per
hundredweight of milled rice for long grain varieties; or
(v) Substances or conditions are present that are identified by the
Food and Drug Administration of other public health organizations of
the United States as being injurious to human or animal health.
(3) Quality will be a factor in determining your loss only if:
(i) The deficiencies, substances, or conditions specified in
section 12(e)(2) resulted from a cause of loss against which insurance
is provided under these crop provisions and which occurs within the
insurance period;
(ii) The deficiencies, substances, or conditions specified in
section 12(e)(2) result in a net price for the damaged production that
is less than the local market price;
(iii) All determinations of these deficiencies, substances, or
conditions specified in section 12(e)(2) are made using samples of the
production obtained by us or by a disinterested third party approved by
us; and
(iv) The samples are analyzed by a grader licensed to grade rice
under the authority of the United States Agriculture Marketing Act or
the United States Warehouse Act with regard to deficiencies in quality,
or by a laboratory approved by us with regard to substances or
conditions injurious to human or animal health. Notwithstanding the
preceding sentence, test weight for quality adjustment purposes may be
determined by our loss adjuster.
(4) Rice production that is eligible for quality adjustment, as
specified in sections 12(e)(2) and (3), will be reduced by the quality
adjustment factors contained in the Special Provisions:
(f) Any production harvested from plants growing in the insured
crop may be counted as production of the insured crop on a weight
basis.
13. Prevented Planting
Your prevented planting coverage will be 45 percent of your Final
Guarantee for timely planted acreage. You may increase your prevented
planting coverage to a level specified in the actuarial documents by
paying an additional premium.
Crop Revenue Coverage
Mandatory Actuarial Document Endorsement
Commodity Exchange Endorsement--Rice (This is a Continuous Endorsement)
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) the Special Provisions; (2) this Commodity
Exchange Endorsement; (3) the Crop Provisions; and (4) the Basic
Provisions, with (1) controlling (2), etc.
How this endorsement affects your coverage:
(I) This endorsement is attached to and made a part of your Crop
Revenue Coverage (CRC) Rice crop policy provisions and actuarial
documents, subject to the terms and conditions described herein.
(II) This endorsement specifies how, where, and when commodity
prices for your CRC Rice policy are determined.
(III) You may only select 100 percent of the Base Price and Harvest
Price.
(IV) This endorsement defines the Average Daily Settlement Price,
as used in the Base Price and Harvest Price, as--The average calculated
by totaling all the daily settlement prices for the contract specified
in the applicable Base Price or Harvest Price definition (established
on full active trading days), during the month specified in the
applicable Base Price or Harvest Price definition, and dividing that
sum by the total number of days included in the total. The average must
include at least fifteen (15) days and each day included in the average
must be a full active trading day for the contract specified in the
applicable Base Price or Harvest Price definition. A full active
trading day is any day on which there are fifty (50) or more open
interest contracts of
[[Page 66861]]
the contract specified in the Base Price or Harvest Price definition.
If there are less than fifteen (15) full active trading days for the
contract specified in the applicable Base Price or Harvest Price
definition, during the month specified in the applicable Base Price or
Harvest Price definition, then additional daily settlement prices,
established on full active trading days, for the contract immediately
prior to the contract specified in the applicable Base Price or Harvest
Price definition, during the month specified in the applicable Base
Price or Harvest Price definition, will be used until there are fifteen
(15) prices from fifteen (15) full active trading days included in the
average.
(V) This endorsement defines the Base Price and Harvest Price as
shown in section 1 of the Crop Revenue Coverage Basic Provisions by
Cancellation Date as follows:
Rice--Chicago Board of Trade (CBOT)--Counties With a January 15
Cancellation Date
Base Price (CBOT)--The December pre-harvest year's average daily
settlement price per pound for the harvest year's CBOT September rough
rice futures contract rounded to the nearest one-tenth (\1/10\th) of a
cent. The Base Price will be released as an actuarial document addendum
by January 10 of the harvest year.
Harvest Price (CBOT)--The August harvest year's average daily
settlement price per pound for the harvest year's CBOT September rough
rice futures contract rounded to the nearest one-tenth (\1/10\th) of a
cent. The Harvest Price cannot be less than the Base Price minus five
cents ($0.05), or greater than the Base Price plus five cents ($0.05).
The Harvest Price will be released as an actuarial document addendum by
September 10 of the harvest year.
Rice--(CBOT)--Counties With February 15 or February 28 Cancellation
Dates
Base Price (CBOT)--The January harvest year's average daily
settlement price per pound for the harvest year's CBOT November rough
rice futures contract rounded to the nearest one-tenth (\1/10\th) of a
cent. The Base Price will be released as an actuarial document addendum
by February 10 of the harvest year.
Harvest Price (CBOT)--The October harvest year's average daily
settlement price per pound for the harvest year's CBOT November rough
rice futures contract rounded to the nearest one-tenth (\1/10\th) of a
cent. The Harvest Price cannot be less than the Base Price minus five
cents ($0.05), or greater than the Base Price plus five cents ($0.05).
The Harvest Price will be released as an actuarial document addendum by
November 10 of the harvest year.
All other terms and conditions of the Policy remain unchanged.
Crop Revenue Coverage Insurance Policy
Wheat Crop Provisions
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) The Special Provisions; (2) the Commodity
Exchange Endorsement; (3) these Crop Provisions; and (4) the Basic
Provisions, with (1) controlling (2), etc.
1. Definitions
Adequate Stand. A population of live plants per unit of acreage
which will produce at least the yield used to establish your Final
Guarantee.
Average Daily Settlement Price. Refer to the definition contained
in the Commodity Exchange Endorsement--Wheat.
Harvest. Combining or threshing the insured crop for grain or
cutting for hay or silage on any acreage. A crop which is swathed prior
to combining is not considered harvested.
Initially planted. The first occurrence of planting the insured
crop on insurable acreage for the crop year.
Latest final planting date.
(a) The final planting date for spring-planted acreage in all
counties for which the Special Provisions designate a final planting
date for spring-planted acreage only;
(b) The final planting date for fall-planted acreage in all
counties for which the Special Provisions designate a final planting
date for fall-planted acreage only; or
(c) The final planting date for spring-planted acreage in all
counties for which the Special Provisions designate final planting
dates for both spring-planted and fall-planted acreage.
Local market price. The cash grain price per bushel for the U.S.
No. 2 grade of the insured crop offered by buyers in the area in which
you normally market the insured crop. The local market price will
reflect the maximum limits of quality deficiencies allowable for the
U.S. No. 2 grade of the insured crop. Factors not associated with
grading under the Official United States Standards for Grain, including
but not limited to protein, oil or moisture content, or milling quality
will not be considered.
Nurse crop (companion crop). A crop planted into the same acreage
as another crop, that is intended to be harvested separately, and which
is planted to improve growing conditions for the crop with which it is
grown.
Planted acreage. In addition to the definition contained in the
Basic Provisions, land on which seed is initially spread onto the soil
surface by any method and subsequently is mechanically incorporated
into the soil in a timely manner and at the proper depth, will be
considered planted.
Prevented planting. In lieu of the definition contained in the
Basic Provisions, failure to plant the insured crop with proper
equipment by the latest final planting date designated in the Special
Provisions for the insured crop in the county or by the end of the late
planting period. You must have been prevented from planting the insured
crop due to an insured cause of loss that also prevented most producers
from planting on acreage with similar characteristics in the
surrounding area.
Prevented planting guarantee. The Prevented Planting Guarantee for
such acreage will be that percentage of the Final Guarantee for timely
planted acres as set forth in section 13(b).
Sales closing date. In lieu of the definitions contained in the
Basic Provisions, a date contained in the Special Provisions by which
an application must be filed and by which you may change your crop
insurance coverage for a crop year. If the Special Provisions provide a
sales closing date for both winter and spring types of the insured crop
and you plant any insurable acreage of the winter type, you may not
change your crop insurance coverage after the sales closing date for
the winter type.
Swathed. Severance of the stem and grain head from the ground
without removal of the seed from the head and placing into a windrow.
Wheat. Wheat for grain only.
2. Unit Structure
In addition to the requirements of section 2(b) of the Basic
Provisions, in addition to, or instead of, establishing optional units
by section, section equivalent or FSA farm serial number and by
irrigated and non-irrigated practices, optional units may be
established if each optional unit contains only initially planted
winter wheat or only initially planted spring wheat. Optional units may
be established in this manner only in counties having both winter and
spring type final planting dates as designated in the Special
Provisions.
3. Coverage Level and Price Percentage
In addition to the requirements of section 4 of the Basic
Provisions all the insurable acreage of wheat in the county
[[Page 66862]]
insured as grain under this policy will have the same coverage level
and price percentage elections.
4. Contract Changes
In accordance with section 5 in the Basic Provisions, the contract
change date is December 31 preceding the cancellation date for counties
with a March 15 cancellation date and June 30 preceding the
cancellation date for all other counties.
5. Cancellation and Termination Dates
In accordance with section 3(h) of the Basic Provisions, the
cancellation and termination dates are:
------------------------------------------------------------------------
State and county Cancellation date Termination date
------------------------------------------------------------------------
All Colorado counties except September 30....... September 30.
Alamosa, Archuleta,
Conejos, Costilla, Custer,
Delta, Dolores, Eagle,
Garfield, Grand, La Plata,
Mesa, Moffat, Montezuma,
Montrose, Ouray, Pitkin,
Rio Blanco, Rio Grande,
Routt, Saguache, and San
Miguel Counties; all Iowa
Counties except Plymouth,
Cherokee, Buena Vista,
Pocahontas, Humbolt,
Wright, Franklin, Butler,
Black Hawk, Buchanan,
Delaware, and Dubuque
Counties and all Iowa
counties north thereof; all
Wisconsin Counties except
Trempealeau, Jackson, Wood,
Portage, Waupaca,
Outagamie, Brown, and
Kewaunee Counties and all
Wisconsin counties north
and west thereof; and all
other states except Alaska,
Arizona, California,
Connecticut, Idaho, Maine,
Massachusetts, Minnesota,
Montana, Nevada, New
Hampshire, New York, North
Dakota, Oregon, Rhode
Island, South Dakota, Utah,
Vermont, Washington, and
Wyoming.
Archuleta, Custer, Delta, September 30........ November 30.
Dolores, Eagle, Garfield,
Grand, La Plata, Mesa,
Moffat, Montezuma,
Montrose, Ouray, Pitkin,
Rio Blanco, Routt, and San
Miguel Counties, Colorado;
Connecticut; Idaho;
Plymouth, Cherokee, Buena
Vista, Pocahontas,
Humboldt, Wright, Franklin,
Butler, Black Hawk,
Buchanan, Delaware, and
Dubuque Counties, Iowa, and
all Iowa counties north
thereof; Massachusetts; all
Montana counties except
Daniels, Roosevelt,
Sheridan, and Valley
Counties; New York; Oregon;
Rhode Island; all South
Dakota counties except
Harding, Perkins, Corson,
Walworth, Edmonds, Faulk,
Spink, Beadle, Jerauld,
Aurora, Douglas, and Bon
Homme Counties and all
South Dakota counties north
and east thereof;
Washington; and all Wyoming
counties except Big Horn,
Fremont, Hot Springs, Park,
and Washakie Counties.
Matanuska-Susitna County, October 31.......... November 30.
Alaska; Arizona;
California; Nevada; and
Utah.
All Alaska Counties except March 15............ March 15.
Matanuska-Susitna County;
Alamosa, Conejos, Costilla,
Rio Grande, and Saguache
Counties, Colorado; Maine;
Minnesota; Daniels,
Roosevelt, Sheridan, and
Valley Counties, Montana;
New Hampshire; North
Dakota; Harding, Perkins,
Corson, Walworth, Edmunds,
Faulk, Spink, Beadle,
Jerauld, Aurora, Douglas,
and Bon Homme Counties,
South Dakota, and all South
Dakota counties north and
east thereof; Vermont;
Trempealeau, Jackson, Wood,
Portage, Waupaca,
Outagamie, Brown, and
Kewaunee Counties,
Wisconsin, and all
Wisconsin counties north
and west thereof; Big Horn,
Fremont, Hot Springs, Park,
and Washakie Counties,
Wyoming.
------------------------------------------------------------------------
6. Insured Crop
(a) In accordance with section 9 of the Basic Provisions, the crop
insured will be wheat you elect to insure, that is grown in the county
on insurable acreage, and for which premium rates are provided by the
actuarial documents (or by written agreement):
(1) In which you have a share;
(2) That is planted for harvest as grain;
(3) That is not:
(i) Interplanted with another crop;
(ii) Planted into an established grass or legume; or
(iii) Planted as a nurse crop, unless planted as a nurse crop for
new forage seeding, but only if seeded at a normal rate and intended
for harvest as grain.
(b) If you anticipate destroying any acreage prior to harvest you:
(1) May report all planted acreage when you report your acreage for
the crop year and specify any acreage to be destroyed as uninsurable
acreage (By doing so, no coverage will be considered to have attached
on the specified acreage and no premium will be due for such acreage.
If you do not destroy such acreage, you will be subject to the under-
reporting provisions contained in section 7 of the Basic Provisions);
or
(2) If the actuarial documents provide a reduced premium rate for
acreage destroyed by a date designated in the Special Provisions, you
may report all planted acreage as insurable when you report your
acreage for the crop year. Premium will be due on all the acreage. Your
premium amount will be reduced by the amount shown on the actuarial
documents for any acreage you destroy prior to a date designated in the
Special Provisions if you do not claim an indemnity on such acreage. In
accordance with section 15(b) of the Basic Provisions, you must obtain
our consent before and give us notice after you destroy any of the
insured crop so your acreage report can be revised to make you eligible
for this reduction in premium.
(c) In counties for which the wheat Special Provisions designate
both fall and spring final planting dates, you may elect a winter wheat
coverage endorsement. This endorsement provides two options for
alternative coverage for wheat that is damaged between the fall final
planting date and the spring final planting date. Coverage under the
endorsement will be effective only if you designate the coverage option
you elect by executing the endorsement by the sales closing date for
winter wheat in the county.
7. Insurance Period
In lieu of the requirements under section 12 of the Basic
Provisions, and subject to any provisions provided by the Winter Wheat
Coverage Endorsement if you have elected such endorsement, the
insurance period is as follows:
(a) Insurance attaches on each unit or part thereof on the later of
the date we accept your application or the date the insured crop is
planted subject to the following limitations:
(1) The acreage must be planted on or before the final planting
date designated in the Special Provisions for the type (winter or
spring) except as allowed in section 12 of these Crop Provisions and
section 17 of the Basic Provisions.
(2) Whenever the Special Provisions designate only a fall final
planting date, any acreage of winter wheat damaged before such final
planting date, to the extent that producers in the area would normally
not further care for the crop, must be replanted to a winter type of
the insured crop unless we agree that replanting is not practical.
[[Page 66863]]
(3) Whenever the Special Provisions designate both fall and spring
final planting dates, winter wheat planted on or before the fall final
planting date which is damaged:
(i) Before the fall final planting date, to the extent that
producers in the area would normally not further care for the crop,
must be replanted to a winter type of the insured crop unless we agree
that replanting is not practical.
(ii) On or after the fall final planting date, but before the
spring final planting date, to the extent that producers in the area
would normally not further care for the crop, must be replanted to an
appropriate variety of the insured crop unless we agree that replanting
is not practical.
If you have elected coverage under one of the available Winter
Wheat Coverage Endorsement Options available in the county, the
insurance period for wheat will be in accordance with the selected
option.
(4) Whenever the Special Provisions designate only a spring final
planting date:
(i) Any acreage of spring wheat damaged before such final planting
date, to the extent that producers in the area would normally not
further care for the crop, must be replanted to a spring type of the
insured crop unless we agree that replanting is not practical; and
(ii) Whenever the Special Provisions designate only a spring final
planting date, any acreage of fall planted wheat is not insured unless
you request such coverage and we agree in writing that the acreage has
an adequate stand in the spring to produce the yield used to determine
your Final Guarantee. Insurance will then attach to acreage having an
adequate stand on the earlier of the spring final planting date or the
date we agree to accept the acreage for insurance. If such fall planted
acreage is not to be insured it must be recorded on the acreage report
as an uninsured fall planted crop.
(b) Insurance ends on each unit at the earliest of:
(1) Total destruction of the insured crop on the unit;
(2) Harvest of the unit;
(3) Final adjustment of a loss on the unit;
(4) September 25 following planting in Alaska, or October 31 of the
calendar year in which the crop is normally harvested in all other
states; or
(5) Abandonment of the crop on the unit.
8. Causes of Loss
In accordance with the provisions of section 13 of the Basic
Provisions insurance is provided only against an unavoidable loss of
revenue due to the following causes of loss which occur within the
insurance period:
(a) Adverse weather conditions;
(b) Fire;
(c) Insects, but not damage due to insufficient or improper
application of pest control measures;
(d) Plant disease, but not damage due to insufficient or improper
application of disease control measures;
(e) Wildlife;
(f) Earthquake;
(g) Volcanic eruption;
(h) Failure of the irrigation water supply if due to a cause of
loss contained in sections 8(a) through (g) occurring within the
insurance period; or
(i) A Harvest Price that is less than the Base Price.
9. Replanting Payments
(a) A replant payment for wheat is allowed as follows:
(1) You comply with all requirements regarding replanting payments
contained under section 14 of the Basic Provisions and in the Winter
Wheat Coverage Endorsement for which you are eligible and which you
have elected;
(2) The wheat must be damaged by an insurable cause of loss to the
extent that the remaining stand will not produce at least 90 percent of
the Minimum Guarantee for the acreage;
(3) The acreage must have been initially planted to spring wheat in
those counties with only a spring final planting date;
(4) The damage must occur after the fall final planting date in
those counties where both a fall and spring final planting date are
designated;
(5) Replanting must take place not later than 25 days after the
spring final planting date; and
(6) The replanted wheat must be seeded at a rate that is normal for
initially planted wheat (if new seed is planted at a reduced seeding
rate into a partially damaged stand of wheat, the acreage will not be
eligible for a replanting payment).
(b) No replanting payment will be made for acreage initially
planted to winter wheat in any county for which the Special Provisions
contain only a fall final planting date.
(c) In accordance with section 14(c) of the Basic Provisions, the
maximum amount of the replanting payment per acre will be the lesser of
20 percent of the Minimum Guarantee or 3 bushels, times the Base Price
times your share.
(d) When wheat is replanted using a practice that is uninsurable as
an original planting, the liability for the unit will be reduced by the
amount of the replanting payment. The premium amount will not be
reduced.
10. Duties In The Event of Damage or Loss
In addition to your duties under section 15 of the Basic
Provisions, if you initially discover damage to the insured crop within
15 days of, or during harvest, you must leave representative samples of
the unharvested crop for our inspection. The samples must be at least
10 feet wide and the entire length of each field in the unit, and must
not be harvested or destroyed until the earlier of our inspection or 15
days after harvest of the balance of the unit is completed.
11. Settlement of Claim
(a) We will determine your loss on a unit basis. In the event you
are unable to provide separate acceptable production records:
(1) For any optional unit, we will combine all optional units for
which such production records were not provided; or
(2) For any basic unit, we will allocate any commingled production
to such units in proportion to our liability on the harvested acreage
for each unit.
(b) In the event of loss or damage covered by this policy, we will
settle your claim on any insured basic or optional unit of wheat by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee;
(2) Subtracting the Calculated Revenue from the result of section
11(b)(1); and
(3) Multiplying the result of section 11(b)(2) by your share.
If the result of section 11(b)(3) is greater than zero, an
indemnity will be paid. If the result of section 11(b)(3) is less than
zero, no indemnity will be due.
(c) In the event of loss or damage covered by this policy, we will
settle your claim on any insured enterprise unit by:
(1) Multiplying the insured acreage of the crop by the Final
Guarantee for each basic unit or optional unit within the enterprise
unit;
(2) For each basic unit or optional unit in section 11(c)(1),
compute the Calculated Revenue;
(3) Subtract each result in section 11(c)(2) from the respective
result of section 11(c)(1); and
(4) Multiplying each result of section 11(c)(3) by your share; and
(5) Total the results of section 11(c)(4).
If the result of section 11(c)(5) is greater than zero, an
indemnity will be paid. If the result of section 11(c)(5) is less than
zero, no indemnity will be due.
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(d) The total production (bushels) to count from all insurable
acreage on the unit will include:
(1) All appraised production as follows:
(i) Not less than that amount of production that when multiplied by
the Harvest Price equals the Final Guarantee for acreage:
(A) Which is abandoned;
(B) Put to another use without our consent;
(C) Damaged solely by uninsured causes; or
(D) For which you fail to provide records of production that are
acceptable to us;
(ii) Production lost due to uninsured causes;
(iii) Unharvested production (mature unharvested production may be
adjusted for quality deficiencies and excess moisture in accordance
with section 11(e)); and
(iv) Potential production on insured acreage you intend to put to
another use or abandon, if you and we agree on the appraised amount of
production. Upon such agreement, the insurance period for that acreage
will end when you put the acreage to another use or abandon the crop.
If:
(A) Agreement on the appraised amount of production is not reached,
you may elect to continue to care for the crop, or we will give you
consent to put the acreage to another use if you agree to leave intact,
and provide sufficient care for, representative samples of the crop in
locations acceptable to us. The amount of production to count for such
acreage will be based on the harvested production or appraisals from
the samples at the time harvest should have occurred. If you do not
leave the required samples intact, or you fail to provide sufficient
care for the samples, our appraisal made prior to giving you consent to
put the acreage to another use will be used to determine the amount of
production to count.
(B) You elect to continue to care for the crop, we will determine
the amount of production to count for the acreage using the harvested
production, or our reappraisal if additional damage occurs and the crop
is not harvested.
(2) All harvested production from the insurable acreage.
(e) Mature wheat production may be adjusted for excess moisture and
quality deficiencies. If moisture adjustment is applicable, it will be
made prior to any adjustment for quality.
(1) Production will be reduced by .12 percent for each .1
percentage point of moisture in excess of 13.5 percent. We may obtain
samples of the production to determine the moisture content.
(2) Production will be eligible for quality adjustment if:
(i) Deficiencies in quality, in accordance with the Official United
States Standards for Grain, result in wheat not meeting the grade
requirements for U.S. No. 4 (grades U.S. No. 5 or worse) because of
test weight, total damaged kernels (excluding heat damage), shrunken or
broken kernels, or defects (excluding foreign material and heat
damage), or grading garlicky, light smutty, smutty or ergoty;
(ii) Substances or conditions are present, including mycotoxins,
that are identified by the Food and Drug Administration or other public
health organizations of the United States as being injurious to human
or animal health.
(3) Quality will be a factor in determining your loss only if:
(i) The deficiencies, substances, or conditions resulted from a
cause of loss against which insurance is specified in section 8;
(ii) All determinations of these deficiencies, substances, or
conditions are made using samples of the production obtained by us or
by a disinterested third party approved by us; and
(iii) The samples are analyzed by a grain grader licensed under the
authority of the United States Grain Standards Act or the United States
Warehouse Act with regard to deficiencies in quality, or by a
laboratory approved by us with regard to substances or conditions
injurious to human or animal health. Test weight for quality adjustment
purposes may be determined by our loss adjuster.
(4) Production of wheat that is eligible for quality adjustment, as
specified in sections 11(e)(2) and 11(e)(3), will be reduced by the
quality adjustment factor contained in the Special Provisions.
(f) Any production harvested from plants growing in the insured
crop may be counted as production of the insured crop on a weight
basis.
12. Late Planting
A late planting period is not applicable to fall-planted wheat. Any
winter wheat that is planted after the fall final planting date in
counties for which the Special Provisions also contain a final planting
date for spring wheat will not be insured. Any winter wheat that is
planted after the fall final planting date in counties for which the
Special Provisions contain only a fall final planting date will not be
insured unless you were prevented from planting the winter wheat by the
fall final planting date. Such acreage will be insurable, and the Final
Guarantee and premium for the acreage will be determined in accordance
with sections 17(b) and (c) of the Basic Provisions.
13. Prevented Planting
(a) In addition to the provisions contained in section 18 of the
Basic Provisions, in counties for which the Special Provisions
designate a spring final planting date, your prevented planting Final
Guarantee will be based on your approved yield for spring-planted
acreage of the insured crop.
(b) Your prevented planting coverage will be 60 percent of your
Final Guarantee for timely planted acreage. You may increase your
preventing planting coverage to a level specified in the actuarial
documents by paying an additional premium.
Crop Revenue Coverage
Mandatory Actuarial Document Endorsement
Commodity Exchange Endorsement--Wheat (This is a Continuous
Endorsement)
If a conflict exists among the policy provisions, the order of
priority is as follows: (1) the Special Provisions; (2) this Commodity
Exchange Endorsement; (3) the Crop Provisions; and (4) the Basic
Provisions, with (1) controlling (2), etc.
How this endorsement affects your coverage:
(I) This endorsement is attached to and made a part of your Crop
Revenue Coverage (CRC) Wheat crop policy provisions and actuarial
documents, subject to the terms and conditions described herein.
(II) This endorsement specifies how, where, and when commodity
prices for your CRC Wheat policy are determined.
(III) You may only select 100 percent of the Base Price and Harvest
Price.
(IV) This endorsement defines the Average Daily Settlement Price,
as used in the Base Price and Harvest Price, as--The average calculated
by totaling all the daily settlement prices for the contract specified
in the applicable Base Price or Harvest Price definition (established
on full active trading days), during the month specified in the
applicable Base Price or Harvest Price definition, and dividing that
sum by the total number of days included in the total. The average must
include at least fifteen (15) days and each day included in the average
must be a full active trading day for the contract specified in the
applicable Base Price or Harvest Price definition. A full active
trading day is any day on which there are twenty-five (25) or more open
interest contracts of the contract specified in the
[[Page 66865]]
Base Price or Harvest Price definition. If there are less than fifteen
(15) full active trading days for the contract specified in the
applicable Base Price or Harvest Price definition, during the month
specified in the applicable Base Price or Harvest Price definition,
then additional daily settlement prices, established on full active
trading days, for the contract immediately prior to the contract
specified in the applicable Base Price or Harvest Price definition,
during the month specified in the applicable Base Price or Harvest
Price definition, will be used until there are fifteen (15) prices from
fifteen (15) full active trading days included in the average.
(V) This endorsement defines the Base Price and Harvest Price as
shown in Section 1 of the Crop Revenue Coverage Basic Provisions by
wheat type and state as follows:
Winter Wheat--(Insured as winter wheat), Chicago Board of Trade (CBOT)
Illinois, Indiana, Michigan, Ohio, and Wisconsin
Base Price (CBOT)--The August 15 to September 14 pre-harvest year's
average daily settlement price for the harvest year's CBOT July soft
red winter wheat futures contract rounded to the nearest whole cent.
The Base Price will be released as an actuarial document addendum by
September 20 of the pre-harvest year.
Harvest Price (CBOT)--The July 15 to August 14 harvest year's
average daily settlement price for the harvest year's CBOT September
soft red winter wheat futures contract rounded to the nearest whole
cent. The Harvest Price cannot be less than the Base Price minus two
dollars ($2.00), or greater than the Base Price plus two dollars
($2.00). The Harvest Price will be released as an actuarial document
addendum by August 20 of the harvest year.
Winter Wheat--(Insured as winter wheat), (CBOT)
Alabama, Georgia, Kentucky, Louisiana, Mississippi, North Carolina,
South Carolina, Tennessee, and Virginia
Base Price (CBOT)--The August 15 to September 14 pre-harvest year's
average daily settlement price for the harvest year's CBOT July soft
red winter wheat futures contract rounded to the nearest whole cent.
The Base Price will be released as an actuarial document addendum by
September 20 of the pre-harvest year.
Harvest Price (CBOT)--The June harvest year's average daily
settlement price for the harvest year's CBOT July soft red winter wheat
futures contract rounded to the nearest whole cent. The Harvest Price
cannot be less than the Base Price minus two dollars ($2.00), or
greater than the Base Price plus two dollars ($2.00). The Harvest Price
will be released as an actuarial document addendum by July 10 of the
harvest year.
Winter Wheat--(Insured as winter wheat), Kansas City Board of Trade
(KCBOT)
Iowa, Montana, Nebraska, South Dakota, and Wyoming
Base Price (KCBOT)--The August 15 to September 14 pre-harvest
year's average daily settlement price for the harvest year's KCBOT July
hard red winter wheat futures contract rounded to the nearest whole
cent. The Base Price will be released as an actuarial document addendum
by September 20 of the pre-harvest year.
Harvest Price (KCBOT)--The July 15 to August 14 harvest year's
average daily settlement price for the harvest year's KCBOT September
hard red winter wheat futures contract rounded to the nearest whole
cent. The Harvest Price cannot be less than the Base Price minus two
dollars ($2.00), or greater than the Base Price plus two dollars
($2.00). The Harvest Price will be released as an actuarial document
addendum by August 20 of the harvest year.
Winter Wheat--(Insured as winter wheat), (KCBOT)
Arizona, Arkansas, Colorado, Kansas, Missouri, New Mexico, Oklahoma,
and Texas
Base Price (KCBOT)--The August 15 to September 14 pre-harvest
year's average daily settlement price for the harvest year's KCBOT July
hard red winter wheat futures contract rounded to the nearest whole
cent. The Base Price will be released as an actuarial document addendum
by September 20 of the pre-harvest year.
Harvest Price (KCBOT)--The June harvest year's average daily
settlement price for the harvest year's KCBOT July hard red winter
wheat futures contract rounded to the nearest whole cent. The Harvest
Price cannot be less than the Base Price minus two dollars ($2.00), or
greater than the Base Price plus two dollars ($2.00). The Harvest Price
will be released as an actuarial document addendum by July 10 of the
harvest year.
Spring Wheat--(Insured as spring wheat in counties with a 3/15
cancellation date), Minneapolis Grain Exchange (MGE)
Colorado, Minnesota, Montana, North Dakota, South Dakota, and Wyoming
Base Price (MGE)--The February harvest year's average daily
settlement price for the harvest year's MGE September hard red spring
wheat futures contract rounded to the nearest whole cent. The Base
Price will be released as an actuarial document addendum by March 10 of
the harvest year.
Harvest Price (MGE)--The August harvest year's average daily
settlement price for the harvest year's MGE September hard red spring
wheat futures contract rounded to the nearest whole cent. The Harvest
Price cannot be less than the Base Price minus two dollars ($2.00), or
greater than the Base Price plus two dollars ($2.00). The Harvest Price
will be released as an actuarial document addendum by September 10 of
the harvest year.
Spring Wheat--(Insured as spring wheat in counties with a 9/30
cancellation date), (KCBOT/MGE)
Colorado, Iowa, Montana, South Dakota, Wisconsin, and Wyoming
Base Price (KCBOT)--The August 15 to September 14 pre-harvest
year's average daily settlement price for the harvest year's KCBOT July
hard red winter wheat futures contract rounded to the nearest whole
cent. The Base Price will be released as an actuarial document addendum
by September 20 of the pre-harvest year.
Harvest Price (MGE)--The August harvest year's average daily
settlement price for the harvest year's MGE September hard red spring
wheat futures contract rounded to the nearest whole cent. The Harvest
Price cannot be less than the Base Price minus two dollars ($2.00), or
greater than the Base Price plus two dollars ($2.00). The Harvest Price
will be released as an actuarial document addendum by September 10 of
the harvest year.
Wheat--Portland Grain Exchange (PGE)
California, Idaho, Oregon, Utah, and Washington
Base Price (PGE)--The Portland Price equals the August 15 to
September 14 pre-harvest year's average daily settlement price for the
harvest year's CBOT September soft red winter wheat futures contract
(rounded to the nearest whole cent) plus an adjustment equal to the
current five-year average difference between the August average daily
[[Page 66866]]
settlement price for the nearby CBOT September soft red winter wheat
futures contract (rounded to the nearest whole cent) and the August
average daily settlement price for the PGE soft white wheat contract
(rounded to the nearest whole cent). The Base Price will be released as
an actuarial document addendum by September 20 of the pre-harvest year.
Harvest Price (PGE)--The August harvest year's average daily
settlement price for the PGE soft white wheat contract rounded to the
nearest whole cent. The Harvest Price cannot be less than the Base
Price minus two dollars ($2.00), or greater than the Base Price plus
two dollars ($2.00). The Harvest Price will be released as an actuarial
document addendum by September 10 of the harvest year.
Durum Wheat--(Insured as durum wheat in counties with a 3/15
cancellation date), (MGE)
North Dakota
Base Price (MGE)--The February harvest year's average daily
settlement price for the harvest year's MGE September durum wheat
futures contract rounded to the nearest whole cent. The Base Price will
be released as an actuarial document addendum by March 10 of the
harvest year.
Harvest Price (MGE)--The August harvest year's average daily
settlement price for the harvest year's MGE September durum wheat
futures contract rounded to the nearest whole cent. The Harvest Price
cannot be less than the Base Price minus two dollars ($2.00), or
greater than the Base Price plus two dollars ($2.00). The Harvest Price
will be released as an actuarial document addendum by September 10 of
the harvest year.
Durum Wheat--(Insured as durum wheat in counties with a 10/31
cancellation date), (MGE)
Arizona and California
Base Price (MGE)--The Southern Durum Price equals the September 15
to October 14 pre-harvest year's average daily settlement price for the
harvest year's CBOT September soft red winter wheat futures contract
(rounded to the nearest whole cent) plus an adjustment equal to the
average of the current year nearby basis, determined during the months
of May, June, July and August of the current crop year, and the current
five-year average difference between the August average daily
settlement price for top milling durum wheat as reported by the MGE
(rounded to the nearest whole cent) and the August average daily
settlement price for the nearby CBOT September soft red winter wheat
futures contract (rounded to the nearest whole cent) not to exceed
$1.00. During the months of May and June the nearby futures contract
used to determine the current year nearby basis for top milling durum
wheat will be the July contract. During the months of July and August
the nearby futures contract used to determine the current year nearby
basis for top milling durum wheat will be the September contract. The
Base Price will be released as an actuarial document addendum by
October 20 of the pre-harvest year.
Harvest Price (MGE)--The August harvest year's average daily
settlement price for top milling durum wheat as reported by the MGE
rounded to the nearest whole cent. The Harvest Price cannot be less
than the Base Price minus two dollars ($2.00), or greater than the Base
Price plus two dollars ($2.00). The Harvest Price will be released as
an actuarial document addendum by September 10 of the harvest year.
All other terms and conditions of the Policy remain unchanged.
Signed in Washington, D.C. on November 17, 1999.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 99-30952 Filed 11-29-99; 8:45 am]
BILLING CODE 3410-08-P