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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6105to the next, allow the written agreementto be continuous.Response: Written agreements areintended to change policy terms orpermit insurance in unusual situationswhere such changes will not increaserisk. If such practices continue year toyear, they should be incorporated intothe policy or Special Provisions. It isimportant to minimize exceptions toassure that the insured is well aware ofthe specific terms of the policy.Therefore, no change will be made.In addition to the changes describedabove, FCIC has made the followingchanges to the Dry Bean Provisions:1. Section 1—Amended the definitionof ‘‘practical to replant’’ to specify thatit will not be considered practical toreplant contract seed beans unlessproduction from the replanted acreagecan be delivered under the terms of theseed bean processor contract.2. Section 14(d)(3)-Clarified that theinsured must have possessed the inputsto plant and produce the insured crop.3. Revised part 433 to restrict its effectto the 1996 and prior crop years.Good cause is shown to make this ruleeffective upon publication in theFederal Register. This rule improves thedry bean insurance coverage and bringsit under the Common Crop InsurancePolicy Basic Provisions for consistencyamong policies. The earliest contractchange date that can be met for the 1997crop year is February 15, 1997. It istherefore imperative that theseprovisions be made final before thatdate so that the reinsured companiesand insureds may have sufficient timeto implement these changes. Therefore,public interest requires the agency to actimmediately to make these provisionsavailable for the 1997 crop year.List of Subjects in 7 CFR Parts 433 and457Crop insurance, Dry bean cropinsurance regulations, Dry bean.Final RuleAccordingly, for the reasons set forthin the preamble, the Federal CropInsurance Corporation hereby amends 7CFR parts 433 and 457 as follows:PART 433—DRY BEAN CROPINSURANCE REGULATIONS1. The authority citation for 7 CFRpart 433 continues to read as follows:Authority: 7 U.S.C. 1506(l), 1506(p).2. The subpart heading preceding§ 433.1 is revised to read as follows:Subpart—Regulations for the 1986Through 1996 Crop Years3. Section 433.7 is amended byrevising the introductory text ofparagraph (d) to read as follows:§ 433.7 The application and policy.* * * * *(d) The application for the 1986 andsucceeding crop years is found atsubpart D or part 400—GeneralAdministrative Regulations (7 CFR400.37, 400.38). The provisions of theDry Bean Insurance Policy for the 1986through 1996 crop years are as follows:* * * * *PART 457—COMMON CROPINSURANCE REGULATIONS;REGULATIONS FOR THE 1994 ANDSUBSEQUENT CONTRACT YEARS4. The authority citation for 7 CFRpart 457 continues to read as follows:Authority: 7 U.S.C. 1506(l), 1506(p).5. Section 457.150 is added to read asfollows:§ 457.150 Dry bean crop insuranceprovisions.The Dry Bean Crop InsuranceProvisions for the 1997 and succeedingcrop years are as follows:FCIC policies:Department of AgricultureFederal Crop Insurance CorporationReinsured policies:(Appropriate title for insurance provider)Both FCIC and reinsured policies:Dry Bean Crop ProvisionsIf a conflict exists among the BasicProvisions (§ 457.8), these Crop Provisions,and the Special Provisions; the SpecialProvisions will control these Crop Provisionsand the Basic Provisions; and these CropProvisions will control the Basic Provisions.1. DefinitionsActual value—The dollar value received,or that could be received, for contract seedbeans under a seed bean processor contractif the contract seed bean production isproperly handled in accordance with therequirements of such contract.Base price—The price per pound(excluding any discounts or incentives thatmay apply) that is stated in the seed beanprocessor contract and that will be paid tothe producer for at least 50 percent of thetotal production under contract with the seedcompany.Beans—Dry beans and contract seed beans.Combining—A harvesting process that usesa machine to separate the beans from thepods and other vegetative matter and placethe beans into a temporary storage receptacle.Contract seed beans—Dry beans grownunder the terms of a seed bean processorcontract for the purpose of producing seed tobe used for producing dry beans or vegetablebeans in a future crop year.Days—Calendar days.Dry beans—The crop defined by TheUnited States Standards for Beans excludingcontract seed beans.FSA—The Farm Service Agency, an agencyof the United States Department ofAgriculture, or a successor agency.Final planting date—The date contained inthe Special Provisions for the insured crop bywhich the crop must initially be planted inorder to be insured for the full productionguarantee.Good farming practices—The culturalpractices generally in use in the county forthe crop to make normal progress towardmaturity and produce at least the yield usedto determine the production guarantee andare those recognized by the Cooperative StateResearch, Education, and Extension Serviceas compatible with agronomic and weatherconditions in the county.Harvest—Combining the beans. Beanswhich are swathed or knifed prior tocombining are not considered harvested.Interplanted—Acreage on which two ormore crops are planted in a manner that doesnot permit separate agronomic maintenanceor harvest of the insured crop.Irrigated practice—A method of producinga crop by which water is artificially appliedduring the growing season by appropriatesystems and at the proper times, with theintention of providing the quantity of waterneeded to produce at least the yield used toestablish the irrigated production guaranteeon the irrigated acreage planted to theinsured crop.Late planted—Acreage planted to theinsured crop during the late planting period.Late planting period—The period thatbegins the day after the final planting date forthe insured crop and ends 25 days after thefinal planting date.Local market price—The cash price perhundredweight for the U.S. No. 2 grade ofdry beans of the insured type offered bybuyers in the area in which you normallymarket the dry beans. Moisture content andfactors not associated with grading under theUnited States Standards for Beans will not beconsidered in establishing this price.Net price—The dollar value of dry beanproduction received, or that could have beenreceived, after reductions in value due toinsurable causes of loss.Pick—The percentage, on a weight basis, ofdefects including splits, damaged (includingdiscolored) beans, contrasting types, andforeign material that remains in the dry beansafter dockage has been removed by theproper use of screens or sieves.Planted acreage—Land in which seed hasbeen placed by a machine appropriate for theinsured crop and planting method, at thecorrect depth, into a seedbed that has beenproperly prepared for the planting methodand production practice. Beans must initiallybe planted in rows far enough apart to permitcultivation to be considered planted. Acreageplanted in any other manner will not beinsurable unless otherwise provided by theSpecial Provisions or by written agreement.Practical to replant—In lieu of thedefinition of ‘‘Practical to replant’’ contained