Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2014-05-29.xml --- 79 103 Thursday, May 29, 2014 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30847-30850 2014-12359 2014-12360 Agriculture Agriculture Department See Federal Crop Insurance Corporation See Forest Service See Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30804 2014-12452 Air Force Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2014-12395 30831-30832 2014-12464 Antitrust Division Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement: United States v. ConAgra Foods, Inc, et al., 30881-30897 2014-12397 Antitrust See Antitrust Division Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 30825 2014-12412 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Retail Trade Survey, 30807-30808 2014-12476 Annual Wholesale Trade Survey, 30806-30807 2014-12372 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adoption and Foster Care Analysis Reporting System for title IV-B and title IV-E, 30850 2014-12405 Coast Guard Coast Guard RULES Drawbridge Operations:

Berwick Bay-Atchafalaya River, Morgan City, LA, 30730 2014-12385 Bush River, Perryman, MD, 30727-30728 2014-12374 Willamette River, Portland, OR, 30728-30730 2014-12377 2014-12382 Safety Zones: Atlantic Ocean, Virginia Beach, VA, 30730-30732 2014-12381 Fifth Coast Guard District Fireworks Display Cape Fear River, Wilmington, NC, 30732-30735 2014-12376 PROPOSED RULES Drawbridge Operations: Raccoon Creek, Bridgeport, NJ; Corrections, 30781-30782 2014-12373 Safety Zones: Gulfstar 1 SPAR, Mississippi Canyon Block 724, Outer Continental Shelf on the Gulf of Mexico, 30782-30783 C1--2014--11567 Marine Events in Captain of the Port Long Island Zone, 30783-30786 2014-12379 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Position Limits for Derivatives;

Aggregation of Positions, 30762-30763 2014-12427 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Evaluation Factor for Use of Members of the Armed Forces Selected Reserve, 30832-30833 2014-12449 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System See Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2014-12389 30825-30829 2014-12391 2014-12392 2014-12394 2014-12470 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessing Options for CONUS Domestic Dependents Elementary and Secondary Schools, 30829-30830 2014-12453 Charter Renewals: Threat Reduction Advisory Committee, 30830-30831 2014-12443 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Annual Progress Reporting Form for the American Indian Vocational Rehabilitation Services Program, 30834 2014-12400 Impact Aid Discretionary Construction Grant Program, 30835-30836 2014-12399 Protection and Advocacy of Individual Rights, 30835 2014-12398 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Programs: Energy Conservation Standards for Commercial and Industrial Electric Motors, 30934-31014 2014-11201 NOTICES Applications to Export Electric Energy Portland General Electric Co., 30836 2014-12457 Applications to Transfer Authorization to Export Liquified Natural Gas:

Cameron LNG, LLC, 30837-30838 2014-12455 Meetings: Electricity Advisory Committee, 30838-30839 2014-12446 Engraving Engraving and Printing Bureau RULES Exchange of Mutilated Paper Currency, 30724-30726 2014-12435 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Massachusetts; Regulations Limiting Emissions of Volatile Organic Compounds and Nitrogen Oxides, 30737-30744 2014-11687 New Hampshire; Decommissioning of Stage II Vapor Recovery Systems, 30735-30737 2014-12338 PROPOSED RULES Meetings:

Local Government Advisory Committee; Definition of ''Waters of the United States'' Under the Clean Water Act, 30787 2014-12463 Office of Ground Water and Drinking Water, Standards and Risk Management Division's Technical Support Center, 30787-30788 2014-12467 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 30751-30753 2014-12473 Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 30748-30751 2014-12448 The Boeing Company Airplanes, 30753-30762 2014-12475 2014-12479 NOTICES Order Limiting Scheduled Operations at John F.

Kennedy International Airport, 30925-30926 2014-12363 Federal Communications Federal Communications Commission RULES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Spectrum-Based Services to Rural Areas; Provision and Promotion, 30744-30745 2014-12353 PROPOSED RULES Audio Filtering Requirement for Travelers Information Stations, 30788-30790 2014-12511 Federal Crop Federal Crop Insurance Corporation RULES Common Crop Insurance Regulations: Forage Seed Crop Provisions, 30703-30708 2014-12429 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Alabama Power Co., 30842 2014-12369 East Cheyenne Gas Storage, LLC, 30840-30841 2014-12364 GB Energy Park, LLC; Scoping Meetings, Environmental Site Review, 30839-30840 2014-12368 Northern Natural Gas Co., 30842-30843 2014-12365 Wells Rural Electric Co., 30841-30842 2014-12367 Petitions: Tesoro High Plains Pipeline Co., LLC, Tesoro Logistics Operations, LLC, 30843-30844 2014-12366 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 30844 2014-12477 Federal Reserve Federal Reserve System RULES Identity Theft Red Flags (Regulation V), 30709-30711 2014-12358 Privacy of Consumer Information (Regulation P), 30708-30709 2014-12357 Truth in Savings Act, 30711-30713 2014-12356 NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 30844 2014-12361 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30844-30845 2014-12416 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Change of Bank Secrecy Act Recordkeeping Requirements, 30928-30930 2014-12502 Correspondent Accounts for Foreign Shell Banks;

Recordkeeping and Termination of Correspondent Accounts, 30927-30928 2014-12450 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Physaria globosa (Short's bladderpod), Helianthus verticillatus (whorled sunflower) and Leavenworthia crassa (fleshy-fruit gladecress); Critical Habitat, 30792-30799 2014-12501 NOTICES Permit Applications: Endangered Species; Marine Mammals, 30869-30870 2014-12451 Food and Drug Food and Drug Administration RULES Administrative Detention of Drugs Intended for Human or Animal Use, 30716-30721 2014-12458 Medical Devices;

Gastroenterology-Urology Devices: Classification of Pancreatic Drainage Stent and Delivery System, 30722-30724 2014-12297 PROPOSED RULES Food Labeling: Nutrition and Supplement Facts Labels Revisions; Serving Sizes of Foods that Can Reasonably Be Consumed at One-Eating Occasion; etc., 30763-30766 2014-12362 NOTICES Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: Technetium Tc-99m Sodium Pertechnetate Injection, Oral, 2 to 100 Millicuries per Milliliter and 10 to 60 Millicuries per Milliliter, 30851-30852 2014-12351 Draft Guidance for Industry:

Best Practices in Developing Proprietary Names for Drugs, 30852-30853 2014-12348 Independent Assessment of the Process for Review of Device Submissions, etc., 30853-30854 2014-12403 Patent Extension Regulatory Reviews: XARELTO, 30855-30856 2014-12349 ZACTRAN, 30854-30855 2014-12350 Forest Forest Service NOTICES Meetings: Black Hills National Forest Advisory Board, 30804-30805 2014-12413 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings:

Chronic Fatigue Syndrome Advisory Committee, 30845-30846 2014-12371 Research Misconducts, 30846-30847 2014-12442 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Historic Historic Preservation, Advisory Council NOTICES Program Comments: Undertakings Involving the Construction of Positive Train Control Wayside Poles and Infrastructure, 30861-30869 2014-11897 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Indian Affairs Indian Affairs Bureau PROPOSED RULES Federal Acknowledgment of American Indian Tribes, 30766-30781 2014-12342 Industry Industry and Security Bureau RULES Validated End-User Authorizations:

Samsung China Semiconductor Co., Ltd. and Semiconductor Manufacturing International Corp., 30713-30716 2014-12158 NOTICES Orders Denying Export Privileges: Manuel Homero Garces, 30808-30809 2014-12495 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Meetings: Electronic Tax Administration Advisory Committee, 30930-30931 2014-12503 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews;

Results, Extensions, Amendments, etc., 30809-30816 2014-12504 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: 1,1,1,2-Tetrafluroethane from the People's Republic of China, 30817-30819 2014-12484 Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan, 30816-30817 2014-12509 Fresh Garlic from the People's Republic of China, 30819-30821 2014-12506 Scope Rulings, 30821-30822 2014-12487 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Orders;

Results, Extensions, Amendments, etc.: Welded Stainless Steel Pressure Pipe from China, 30877-30878 2014-12409 Final Initial Determination; Review, etc.: Certain Integrated Circuit Chips and Products Containing the Same, 30878-30880 2014-12410 Meetings; Sunshine Act, 2014-12536 30880 2014-12537 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Salt Lake City Police Department HOST Project Stakeholder Survey, 30880-30881 2014-12352 Proposed Consent Decrees, 30881 2014-12415 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alleged Safety and Health Hazards, 30897-30898 2014-12468 Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 30898-30899 2014-12496 Land Land Management Bureau NOTICES Meetings: Albuquerque District Resource Advisory Council, 30870-30871 2014-12472 Grand Staircase-Escalante National Monument Advisory Committee; Cancellation, 30871 2014-12471 Plats of Survey: Colorado, 30871 2014-12466 Public Land Orders;

No. 7824: Extensions; Alaska, 30871-30872 2014-12500 Legal Legal Services Corporation NOTICES Grant Assurances for Calendar Year 2015 Funding; Extension of Comment Period, 30899 2014-12460 NASA National Aeronautics and Space Administration NOTICES Grants; Exclusive Licenses, 30899-30900 2014-12493 National Highway National Highway Traffic Safety Administration NOTICES Meetings: Federal Interagency Committee on Emergency Medical Services, 30926 2014-12499 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance to Support the Safe to Sleep Campaign at the Eunice Kennedy Shriver National Institute for Child Health and Human Development, 30856-30857 2014-12370 Meetings: Center for Scientific Review, 30857-30861 2014-12489 2014-12490 National Cancer Institute, 30859-30860 2014-12354 National Institute of Mental Health, 30860 2014-12492 National Institute on Aging, 30857 2014-12491 National Institute on Alcohol Abuse and Alcoholism, 30861 2014-12355 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries, 30745-30747 2014-12396 PROPOSED RULES Fisheries of the Northeastern United States: Safety Improvements, 30799-30803 2014-11901 NOTICES Endangered and Threatened Wildlife and Plants: Take of Anadromous Fish, 30822-30823 2014-12459 Meetings: Pacific Fishery Management Council, 30823-30825 2014-12482 2014-12483 National Park National Park Service NOTICES Designations of Potential Wilderness: Congaree National Park, SC, 30872 2014-12497 Environmental Impact Statements;

Availability, etc.: Fishery Management Plan, Biscayne National Park, FL, 30872-30873 2014-12494 National Register of Historic Places: Pending Nominations and Related Actions, 30873-30874 2014-12401 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30833-30834 2014-12388 Government-Owned Inventions; Licensing Availability, 30834 2014-12447 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Exemption Requests:

Dominion Energy Kewaunee, Inc., 30900-30902 2014-12486 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Power Uprates, 30903 2014-12480 Advisory Committee on Reactor Safeguards; Subcommittee on Planning and Procedures, 30903 2014-12478 Uranium Export License Amendments; Applications:, 30903-30904 2014-12481 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pollution Prevention and Control, 30874-30876 2014-12417 Environmental Assessments;

Availability, etc.: Wind Energy-Related Development Activities on the Pacific Outer Continental Shelf Offshore Oregon; Public Scoping Meetings, 30876-30877 2014-12066 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 30904 2014-12440 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Hurricane Preparedness Week (Proc. 9132), 30699-30700 2014-12570 Prayer for Peace, Memorial Day (Proc. 9133), 30701-30702 2014-12573 EXECUTIVE ORDERS Iraq;

Development Fund for Property and Interests in Property, Termination of Immunities (EO 13668), 31019-31020 2014-12651 ADMINISTRATIVE ORDERS South Sudan; Unexpected Urgent Refugee and Migration Needs (Presidential Determination) No. 2014-09 of May 19, 2014, 31015-31017 2014-12649 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 30904-30905 2014-12579 Rural Utilities Rural Utilities Service NOTICES Environmental Impact Statements; Availability, etc.:

Central Electric Power Cooperative, Inc., 30805-30806 2014-12454 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 30911-30912 2014-12426 Depository Trust Co., 30920-30921 2014-12420 Miami International Securities Exchange LLC, 30908-30911 2014-12424 NASDAQ OMX PHLX LLC, 30906-30908, 30917-30920 2014-12421 2014-12425 NASDAQ Stock Market LLC, 30905-30906 2014-12422 National Securities Clearing Corp., 30912-30914 2014-12419 National Stock Exchange, Inc., 30914-30917 2014-12423 Trading Suspension Orders:

Fortitude Group, Inc., 30922 2014-12431 OCTuS, Inc., et al., 30921-30922 2014-12432 Pro-Tech Industries, Inc., et al., 30921 2014-12433 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30922-30924 2014-12428 State Department State Department NOTICES Meetings: U.S. National Commission for UNESCO; Teleconference, 30924-30925 2014-12488 Surface Transportation Surface Transportation Board PROPOSED RULES Rail Fuel Surcharges;

Safe Harbor, 30790-30791 2014-12434 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Engraving and Printing Bureau See Financial Crimes Enforcement Network See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30926-30927 2014-12414 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Inter-Agency Alien Witness and Informant Record; Agency Alien Witness and Informant Adjustment of Status, 30869 2014-12418 Separate Parts In This Issue Part II Energy Department, 30934-31014 2014-11201 Part III Presidential Documents, 31015-31017, 31019-31020 2014-12651 2014-12649 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 79 103 Thursday, May 29, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 [Docket No. FCIC-13-0001] RIN 0563-AC24 Common Crop Insurance Regulations; Forage Seed Crop Provisions AGENCY:

Federal Crop Insurance Corporation, USDA. ACTION: Final rule. SUMMARY: The Federal Crop Insurance Corporation

(FCIC)finalizes the addition of a new regulation that provides forage seed insurance. The provisions will be used in conjunction with the Common Crop Insurance Policy Basic Provisions (Basic Provisions), which contain standard terms and conditions common to most crop insurance programs. The intended effect of this action is to convert the Forage Seed pilot crop insurance program to a permanent insurance program for the 2015 and succeeding crop years. DATES: This rule is effective June 30, 2014. FOR FURTHER INFORMATION CONTACT: Tim Hoffmann, Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, PO Box 419205, Kansas City, MO 64141-6205, telephone

(816)926-7730. SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget

(OMB)has determined that this rule is not significant for the purpose of Executive Order 12866 and, therefore, it has not been reviewed by OMB. Paperwork Reduction Act of 1995 Pursuant to the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control number 0563-0053. E-Government Act Compliance FCIC is committed to complying with the E-Government Act of 2002, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees, and compute premium amounts, and all producers are required to submit a notice of loss and production information to determine the amount of an indemnity payment in the event of an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure small entities are given the same opportunities as large entities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have an impact on small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or to require the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 and 7 CFR part 400, subpart J, for the informal review process of good farming practices, as applicable, must be exhausted before any action against FCIC may be brought. Environmental Evaluation This action is not expected to have a significant impact on the quality of the human environment, health, and safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. Background This rule finalizes the addition to 7 CFR part 457 of a new § 457.174 Forage Seed Crop Provisions (7 CFR 457.174) that was published by FCIC on August 29, 2013 as notice of proposed rulemaking in the **Federal Register** 78 FR 53370. The public was afforded 30 days to submit comments after the regulation was published in the **Federal Register** . A total of 27 comments were received from 4 commenters. The commenters were a Risk Management Agency Regional Office, a seed company, an approved insurance provider, and a non-profit crop insurance trade organization. The public comments received and FCIC's responses to the comments are as follows: General *Comment:* A commenter discussed the dormancy limitation in Montana and Wyoming where dormancy ratings greater than 4 are not insured unless under written agreement causing producers not to contract production of seed with higher dormancy ratings. The commenter wanted the Crop Provisions to be modified to allow dormancy ratings of greater than 4 without limitation. *Response:* FCIC notes that this is an underwriting issue that is not part of the rule. The appropriate regional office is reviewing this issue. This rule does not limit insuring the higher dormancy ratings if the regional office determines that such ratings can be appropriately rated and insured. No changes have been made. *Comment:* Two commenters stated “The major concern is with the fall planted seed-to-seed practice in which the insured certifies the adequacy of the stand in the fall after it has been planted. The crop will normally have an adequate stand at this time but it is susceptible to winterkill damage the initial year after it is seeded. The current method and timing for certifying an adequate stand is acceptable for established stands as they are less susceptible to winterkill than when the crop is planted the initial year. We would recommend that the practice of fall planted seed-to-seed acreage be treated similar to winter wheat in a spring only county in that an inspection be done in the spring to ensure that an adequate stand exists. If an adequate stand does not exist, the insured would be required to either replant or sweeten the stand in order for insurance coverage to attach to such acreage. We feel that this is a potential vulnerability in the crop provisions that should be addressed prior to them being published as a final rule.” One commenter added the related comment “The biggest concern with the policy is that it should be a spring policy, not a fall policy. At a minimum, all acreage should pass an insurability inspection (by the AIP or insured) in the spring, not fall. Winterkill is by far the biggest peril on fall-seeded acreage of alfalfa seed. The current policy does not have a replant provision. A farmer is expected to replant to continue coverage when practical, whether there is a replant payment or not. The alfalfa seed farmers have been replanting (or sweetening the stand) of winterkilled or damaged acreage in the spring, long before the pilot MPCI policy was developed. We would propose that fall-seeded alfalfa seed would pass an insurability inspection in the spring, same as winter wheat in a spring wheat-only county. Currently, the fall-seeded acreage has a plant count for insurability in the fall and typically passes. This new acreage is very susceptible to winterkill. We insist that the insured then replants the damaged acreage (as he has always done before) in the spring to continue insurance. Insureds cannot collect a production loss when they have the opportunity to replant. We have talked to the seed companies and they have stated the same seed can be used for fall or spring planting or to sweeten the stand (unlike wheat). Whether fall-seeded, spring-seeded or established stand, the acreage should pass a stand count insurability inspection in the spring. *Response:* FCIC disagrees with these comments. When the pilot program was initially developed the industry wanted protection against perils such as adverse weather, including events that may occur during the winter months. Therefore, insurance attaches in the fall if the crop has an adequate stand and any loss due to winterkill is intended to be an insurable loss. To require an adequate stand in the spring before insurance attaches will effectively render the coverage for causes of loss occurring during the winter meaningless. To the extent that winterkill is a significant peril, it will be appropriately rated so that premium will cover all expected losses and a reasonable reserve. Insured may elect to sweeten the stand in the spring and that may be in their best interest to produce the crop rather than just collect the insurance. However, in case a program vulnerability is discovered in the future, FCIC will add the phrase ” unless otherwise specified in the Special Provisions ” after the words “insurance period” in section 7(c)(3) of this final rule to address this issue. Section 1—Definitions *Comment:* Two commenters commented about hybrid seed production not being insurable except by written agreement and one of the commenters proposed changing the definition of Forage Seed Crop by adding the words “including those grown for the production of hybrid seed, as” between “(e.g., alfalfa, clovers, etc.)” and “shown in the actuarial documents.,” to allow production of hybrid seed to be insurable without doing a written agreement. *Response:* FCIC agrees with the proposed change to the definition of Forage Seed Crop and has made the change accordingly in this Final Rule. *Comment:* Two commenters suggested that a hyphen be added between the words “small” and “seeded” in the definition of Forage seed crop. *Response:* FCIC agrees with the proposed change and has made the change accordingly in this Final Rule. *Comment:* Two commenters questioned the use of the word “and” between the words “price” and “used” in the definition of “price election.” *Response:* FCIC placed the word “and” between the words “price” and “used” in this definition to distinguish between how the price is determined from how such price will be used in the policy. FCIC has revised the phrase to read “and will be used” for clarity. *Comment:* Two commenters questioned the elimination of the definition of “type” in the Crop Provisions. *Response:* FCIC is not defining “type” in the Crop Provisions because “type” is defined in the Basic Provisions. Section 3—Insurance Guarantees, Coverage Levels, and Prices for Determining Indemnities *Comment:* Two commenters asked that consideration be given to deleting the phrase “. . . grown in the county and designated in the actuarial documents . . .” and adding “you elect to insure” after the words “forage crop”. *Response:* The phrase “grown in the county and designated in the actuarial documents” is necessary because the forage seed policy may not be available in all counties and to determine where it is available, program participants must look to the actuarial documents for the county to see if premium rates have been provided. This is consistent with the language in section 7. To be consistent, FCIC agrees to add “you elect to ensure” after forage crop. No other changes will be made. Section 6—Report of Acreage *Comment:* Two commenters asked that consideration be given to revising and rewriting this section to read: “In addition to the requirements of section 6 of the Basic Provisions, you must submit to us, on or before the acreage reporting date or as otherwise specified in the special provisions: “(a) A copy of your forage seed contract for your forage seed acreage; or, “(b) A copy of your accepted certification application for your certified seed acreage. “Failure to do so will result in denial of liability and no indemnity due.” *Response:* FCIC agrees with the proposed change and has made the change, with a few technical modifications, in this final rule. *Comment:* Two commenters asked if consideration had been given to the possibility of revising this section to require that a copy of the contract be obtained at time of claim. *Response:* FCIC has not considered this. In light of discussions with the Forage seed industry through the National Alfalfa and Forage Alliance, this was not an issue. This will not be changed. Section 7—Insured Crop *Comment:* One commenter commented about the potential for insuring forage seed legume crops other than alfalfa and proposed that the words “unless otherwise specified in the Special Provisions.”, be inserted after “seed production” in section 7(c)(5) and to remove the word “solely” from section 7(a)(2) to allow insuring forage seed legume crops other than alfalfa. *Response:* FCIC agrees that other forage seed legume crops could be insured under the Forage Seed Crop Provisions and has made the change accordingly in this Final Rule. FCIC also recognizes that certain legume crops, such as red clover that utilizes the practice of taking a hay crop to remove excess vegetation prior to taking the seed harvest, would not have been able to be insured under the proposed rule. Thus, the change will allow for certain other legume crops to be added to the Special Provisions as determined agronomically and actuarially appropriate by FCIC. Section 8—Insurance Period *Comment:* Two commenters commented to have the following editorial changes made to this section: (a)(1)(i)-(ii): Instead of listing the states with the earlier date first, suggest switching

(i)&

(ii)so the group that includes “. . . and other states” is last. [Otherwise,

(i)appears to be all-inclusive unless you read on to

(ii)to see that California and Nevada have a different date.] This would match the order of the groupings in 8(a)(2)(i)-(ii) and (b)(1)-(2). Also [ed.], add a comma or semicolon before “. . . and other states” [and likewise in 8(a)(2)(ii)], and consider if the phrase should be “. . . and all other states” as in (b)(2). *Response:* FCIC agrees with these proposed changes and has made the changes in this final rule accordingly. Section 9—Causes of Loss *Comment:* Two commenters recommended that the cause of loss “Fire” be clarified as “Fire, due to natural causes”. *Response:* FCIC disagrees that this change is necessary. The Act and the Basic Provisions make it very clear that only loss due to natural causes are covered and to add this phrase here and not all the other causes of loss could create an ambiguity. No change has been made. *Comment:* Two commenters asked if section 9(b)(2) is the only one that refers to the sole/direct cause of loss from section 9(a)(1)-(7), while the others only allow for the causes in section 9(a)(1)-(6). Is it intended that the other 3 are not affected by “Failure of the irrigation water supply . . .”? *Response:* That is correct. Failure of the irrigation water supply does not apply to any provision in subsection

(b)except paragraph (2). Section 10—Settlement of Claim *Comment:* Two commenters commented that terminology for settling the claim was inconsistent. *Response:* FCIC is unclear of the claimed inconsistencies. The language used is standard to most Crop Provisions. No change has been made. *Comment:* Two commenters stated that a hyphen should be added to “45,000 pound guarantee” and “7,500 pound guarantee” in the example so that it reads “45,000-pound guarantee” and “7,500-pound guarantee”. *Response:* FCIC agrees with this proposed change and has made the change in this final rule accordingly. In addition to the review of the proposed rule regulation and comments received, FCIC is also adjusting the state alignment in section 5 and Section 8 to better align with the climatic and agronomic growing conditions. List of Subjects in 7 CFR Part 457 Crop insurance, Forage seed, Reporting and recordkeeping requirements. Final Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457 effective for the 2015 and succeeding crop years as follows: PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for 7 CFR part 457 continues to read as follows: Authority: 7 U.S.C. 1506(l), 1506(o). 2. Section 457.174 is added to read as follows: § 457.174 Forage Seed crop insurance provisions. The forage seed crop provisions for the 2015 and succeeding crop years are as follows: FCIC policies: United States Department of Agriculture, Federal Crop Insurance Corporation Forage Seed Crop Provisions 1. Definitions. *Actual value.* The dollar value received, or that could be received, for the forage seed if the forage seed production is properly handled in accordance with the requirements in the forage seed contract or the applicable certifying agency's requirements. *Adequate stand.* A population of live plants that equals or exceeds the minimum required number of plants per square foot as shown in the actuarial documents. *Amount of insurance.* The amount obtained by multiplying the production guarantee per acre for each type and practice in the unit by the insured acreage of that type and practice, by the applicable base price, and by the percentage of base price you elected. The total of these results will be the amount of insurance for the unit. *Base price.* For seed under a forage seed contract, the price per pound (excluding any discounts or incentives that may apply) stated in the forage seed contract. For certified forage seed not under a forage seed contract, and for forage seed producers who are also forage seed companies, the price contained in the actuarial documents. *Certification application.* The form used to request certification of forage seed by the certifying agency. *Certification standards.* The standards and procedures of the certification agency to assure genetic purity and identity of the seed certified. *Certified forage seed.* Forage seed that meets the certification standards administered by a certifying agency at the time of harvest and that has been grown under a certification application accepted by the certifying agency on or before the acreage reporting date or as otherwise specified in the Special Provisions. *Certifying agency.* An agency authorized under the laws of a State, Territory, or possession, to officially certify seed, which has standards and procedures to assure the genetic purity and identity of the seed certified, and approves certification applications for the certified forage seed that meets the certification standards at time of harvest. *Established stand.* An adequate stand of live plants for crop years after the seed-to-seed year. *Fall planted.* Forage seed crop planted after May 31 of the previous crop year. *Forage seed company.* A business enterprise that possesses all licenses for marketing forage seed required by the state in which it is domiciled or operates, and which possesses facilities with enough storage and capacity to accept and process the insured crop timely. *Forage seed contract.* A written contract executed between the forage seed crop producer and a forage seed company containing, at a minimum:

(a)The producer's commitment to plant, grow, and deliver the forage seed produced from such plants to the seed company;

(b)The seed company's commitment to purchase all the production from a specified number of acres or the specified quantity of production stated in the contract; and

(c)Either a fixed price per unit of the forage seed or a formula to determine the price per unit value of such seed. Any formula for establishing value must be specified in the written contract. If the formula uses a future price that is settled after the applicable acreage reporting date, then the base price contained in the actuarial documents will apply. *Forage seed crop.* Small-seeded legume plants grown for seed (e.g., alfalfa, clovers, etc.), including those grown for the production of hybrid seed, as shown in the actuarial documents. *Harvest.* Removal of seed from the windrow or field. *Pound.* Sixteen

(16)ounces avoirdupois. *Price election.* In lieu of the definition in section 1 of the Basic Provisions, the price election will be the base price and will be used for the purposes of determining premium and indemnity under the policy. *Qualified seed testing laboratory.* Laboratory qualified by the State to test the forage seed to determine whether it qualifies as certified forage seed. *Seed-to-seed year.* The calendar year in which planting occurs for spring planted forage seed and the subsequent calendar year for fall planted forage seed. Spring planted. Forage seed crop planted before June 1 of the current crop year. 2. Unit Division. In lieu of the optional unit provisions in section 34 of the Basic Provisions, you may select optional units by forage seed contract or variety if permitted by the Special Provisions. 3. Insurance Guarantees, Coverage Levels, and Prices for Determining Indemnities. In addition to the requirements of section 3 of the Basic Provisions:

(a)You may elect only one percentage of base price and one coverage level for each forage seed crop you elect to ensure, grown in the county, and designated in the actuarial documents. If separate base prices are available by forage seed crop type, the percentage election of base price and coverage level you choose for each forage seed crop type must be the same. For example, if you choose 100 percent of the base price and 65 percent coverage level for a specific forage seed crop type, you must choose 100 percent of the base price and 65 percent coverage level for all the forage seed crop types.

(b)For each unit, separate guarantees will be determined by forage seed crop type and practice. 4. Contract Changes. In accordance with section 4 of the Basic Provisions, the contract change date is June 30 preceding the cancellation date. 5. Cancellation and Termination Dates. In accordance with section 2 of the Basic Provisions, the cancellation and termination dates are: California, Nevada and Utah. October 31; All Other States. September 30. 6. Report of Acreage.

(a)In addition to the requirements of section 6 of the Basic Provisions, you must submit to us, on or before the acreage reporting date or as otherwise specified in the Special Provisions:

(1)A copy of your forage seed contract for your contracted forage seed acreage; or,

(2)A copy of the accepted certification application for your certified seed acreage.

(b)Failure to provide a copy of the forage seed contract or the certification application accepted by the certifying agency by the acreage reporting date or the date otherwise specified in the Special Provisions will result in denial of liability and no indemnity due. 7. Insured Crop.

(a)In accordance with section 8 of the Basic Provisions, the crop insured will be all types and practices of each forage seed crop you elect to insure, that is grown in the county and for which a premium rate is provided by the actuarial documents:

(1)In which you have a share; and

(2)That is grown for harvest as:

(i)Certified forage seed; or

(ii)Seed grown under a forage seed contract executed on or before the acreage reporting date or the date otherwise specified in the Special Provisions.

(b)For contracted acreage of forage seed crops only, you will not be considered to have a share in the insured crop unless, under the terms of the forage seed contract, you are at risk of a financial loss at least equal to the amount of insurance on such acreage.

(c)In addition to the crop and acreage listed as not insured in sections 8 and 9 of the Basic Provisions, we will not insure any forage seed crop that:

(1)Is interplanted with another crop, unless otherwise specified in the Special Provisions;

(2)Is planted into an established grass or legume;

(3)Does not have an adequate stand at the beginning of the insurance period unless otherwise specified in the Special Provisions;

(4)Exceeds the age limitations for the forage seed crop or type contained in the Special Provisions; or

(5)Is utilized for any purpose during the crop year other than for seed production, unless otherwise specified in the Special Provisions.

(d)A forage seed producer who is also a forage seed company may establish an insurable interest if the following requirements are met:

(1)The producer must comply with these Crop Provisions; and

(2)All the forage seed grown by the forage seed company is enrolled with the appropriate certifying agency. 8. Insurance Period.

(a)Insurance attaches on acreage with an adequate stand on the later of the date we accept your application or the applicable date as follows, unless provided otherwise in the Special Provisions:

(1)For fall planted seed-to-seed year and established stands of forage seed crops, coverage begins for each crop year on:

(i)November 1 for counties in California, Utah and Nevada; and

(ii)October 1 for counties in Idaho, Montana, Oregon, Washington, Wyoming and all other states.

(2)For spring planted seed-to-seed year stands of forage seed crops coverage begins:

(i)May 1 for counties in California and Washington; and

(ii)May 15 for counties in Idaho, Montana, Nevada, Oregon, Utah, Wyoming and all other states.

(b)The calendar dates for the end of the insurance period for counties in the following states are as follows unless otherwise provided in the Special Provisions:

(1)California, Nevada and Utah. October 31.

(2)Idaho, Oregon, Montana, Washington, Wyoming and all other states. September 30. 9. Causes of Loss.

(a)In accordance with the provisions of section 12 of the Basic Provisions, insurance is provided only against the following causes of loss that occur during the insurance period:

(1)Adverse weather conditions;

(2)Fire;

(3)Insects and plant disease, but not damage due to insufficient or improper application of control measures;

(4)Wildlife;

(5)Earthquake;

(6)Volcanic eruption; or

(7)Failure of the irrigation water supply, if caused by a peril specified in sections 9(a)(1) through

(6)that occurs during the insurance period.

(b)In addition to the causes of loss excluded in section 12 of the Basic Provisions, we will not insure against damage or loss of production due to:

(1)The crop not being timely harvested, unless such delay in harvesting is solely and directly caused by a cause of loss specified in sections 9(a)(1) through (6);

(2)Insufficient supply of pollinators, as determined by us, unless lack of pollinators or pollination is solely and directly caused by a cause of loss specified in sections 9(a)(1) through (7);

(3)Failure of the certification standard or forage seed company contract acceptance caused by failure to follow proper isolation requirements or inadequate weed control, as determined by us, unless such failure is solely and directly due to a cause of loss specified in sections 9(a)(1) through (6); or

(4)Failure of the certification standard or forage seed contract acceptance due to failure to follow all other certification or contract requirements, as determined by us, unless such failure is solely and directly caused by a cause of loss specified in sections 9(a)(1) through (6). 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 to your forage seed crop covered by this policy, we will settle your claim by:

(1)Multiplying the insured acreage for each type and practice by the production guarantee;

(2)Multiplying each result in section 10(b)(1) by the price election;

(3)Totaling the results in section 10(b)(2);

(4)Multiplying the total production to count for each type and practice by the price election;

(5)Totaling the results of each crop type in section 10(b)(4);

(6)Subtracting the result in section 10(b)(5) from the result in section 10(b)(3); and

(7)Multiplying the result in section 10(b)(6) by your share.

(c)The total forage seed production to count (in pounds) from all insurable acreage on the unit will include:

(1)All appraised production as follows:

(i)Not less than the production guarantee per acre for acreage:

(A)That is abandoned;

(B)That is put to another use without our consent;

(C)That is damaged solely by uninsured causes; or

(D)For which you fail to provide production records that are acceptable to us.

(ii)Production lost due to uninsured causes;

(iii)Unharvested production; and

(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 and if:

(A)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 harvested production or appraisals from the samples at the time harvest should have occurred. If you do not leave the required samples intact, or fail to provide sufficient care for the samples, our appraisals made prior to giving 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, 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 in accordance with section 10 (e).

(d)In addition to the provisions of section 15 of the Basic Provisions, we may determine the amount of production of any unharvested forage seed on the basis of our field appraisals conducted after the normal time of harvest for the area. If the acreage is later harvested, production records must be provided and if the harvested production exceeds the appraised production, the claim will be adjusted.

(e)Production not meeting the minimum quality requirements contained in the forage seed contract or certifying agency's standards based on tests conducted by a qualified seed testing laboratory due to insurable causes will be reduced as follows:

(1)Divide the actual value by the base price for the insured type; and

(2)Multiply the result (not to exceed 1.0) by the number of pounds of such production. Example: You have a 100 percent share and 100 acres of forage seed in the unit, with a guarantee of 600 pounds per acre on 75 acres of an established stand of forage seed and a guarantee of 300 pounds per acre on 25 acres of a spring planted seed-to-seed year stand. All acreage is contracted with a base price of $1.20 per pound and you have selected 100 percent of the base price. Losses due to insured causes of loss have reduced production and quality and you only harvested 37,000 pounds of seed. A portion of the total production was of poor quality; 10,000 pounds of seed failed to achieve the contract minimum germination requirement; and the salvaged production was valued at $0.80 per pound. Your indemnity would be calculated as follows:

(1)75 acres × 600 pounds = 45,000-pound guarantee 25 acres × 300 pounds = 7,500-pound guarantee;

(2)45,000 pounds × $1.20 per pound price election = $54,000 value guarantee 7,500 pounds × $1.20 per pound price election = $9,000 value guarantee;

(3)$54,000 + $9,000 = $63,000 total value of the guarantee;

(4)27,000 pounds met the contract quality requirements = 27,000 pounds production to count 27,000 pounds × $1.20 per pound = $32,400 10,000 pounds × ($0.80 per pound/$1.20 per pound) = 6,667 pounds production to count 6,667 pounds × $1.20 per pound = $8,000;

(5)$32,400 + $8,000 = $40,400 total value of production to count;

(6)$63,000 − $40,400 = $22,600 loss; and

(7)$22,600 × 100% share = $22,600 indemnity payment. 11. Late and Prevented Planting. The late and prevented planting provisions of the Basic Provisions are not applicable for forage seed. Signed in Washington, DC, on May 22, 2014. Brandon Willis, Manager, Federal Crop Insurance Corporation. [FR Doc. 2014-12429 Filed 5-28-14; 8:45 am]

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