The Code of Federal Regulations of the United States of America

be adjusted by (1) dividing the value per pound of the damaged rice, as determined by the Corporation, by the market price per pound at the nearest mill center, at the time the loss is adjusted, for the same variety of rough rice grading U.S. No. 3 with a milling yield per hundredweight of 55 pounds in the case of Nato and 48 pounds of heads for other varieties (whole kernels) and 68 pounds total milling yield (heads, second heads, screenings, and brewers), and (2) multiplying the result thus obtained by the number of pounds of production of such damaged rice.

6. Meaning of terms. For the purpose of insurance on rice the term:

(a) "Mill center" means any location in which two or more mills are engaged in milling rough rice.

7. Cancellation and termination for indebtedness dates. For each year of the contract the cancellation date shall be the December 31 and the termination date for indebtedness shall be the April 10 immediately preceding the beginning of the crop year for which the cancellation or the termination is to become effective. [Amdt. 8, 33 F.R. 8263, June 4, 1968] § 401.133

The rye endorsement.

The provisions of the rye endorsement for the 1969 and succeeding crop years are as follows:

1. Insured crop. The crop insured shall be rye seeded for harvest as grain, as determined by the Corporation. Insurance shall not attach on acreage on which it is determined by the Corporation that the rye was seeded with vetch or flax or other small grains.

2. Production guarantee. The production guarantee per acre shown on the county actuarial table (hereinafter called "actuarial table") shall be increased by 1.5 bushels for any harvested acreage on which the amount harvested is 1.5 or more bushels per acre.

3. Insurance period. Insurance on any insured acreage shall attach at the time the rye is seeded and shall cease upon threshing or removal from the field, whichever occurs first, but in no event shall insurance remain in effect later than October 31 of the calendar year in which the rye is normally harvested.

4. Claims for loss. (a) Any claim for loss on an insurance unit (hereinafter called "unit") shall be submitted to the Corporation, on a form prescribed by the Corporation, not later than 60 days after the time of loss. The Corporation reserves the right to provide additional time if it determines that circumstances beyond the control of either party prevent compliance with this provision.

(b) It shall be a condition precedent to the payment of any loss that the insured establish the production of the insured crop on the unit and that such loss has been directly caused by one or more of the hazards insured against during the insurance period for the crop year for which the loss is claimed, and furnish any other information regarding

the manner and extent of loss as may be required by the Corporation.

(c) Losses shall be determined separately for each unit. The amount of loss with respect to any unit shall be determined by (1) multiplying the insured acreage of rye on the unit by the applicable production guarantee per acre, which product shall be the production guarantee for the unit, (2) subtracting therefrom the total production to be counted for the unit, (3) multiplying the remainder by the applicable price for computing indemnities, and (4) multiplying the result obtained in (3) by the insured interest: Provided, That if for the unit the insured fails to report all of his interest or insurable acreage the amount of loss shall be determined with respect to all of his interest and insurable acreage, but in such cases or otherwise, if the premium computed on the basis of the insurable acreage and interest exceeds the premium on the reported acreage and interest, or the acreage and interest when determined by the Corporation under section 3 of the policy, the amount of loss shall be reduced proportionately.

The total production to be counted for a unit shall be determined by the Corporation and, subject to the provisions hereinafter, shall include all threshed production and any appraisals made by the Corporation for unthreshed, unharvested, or potential production, poor farming practices, uninsured causes of loss, or for acreage abandoned or put to another use without the consent of the Corporation: Provided, That the total production to be counted on any acreage of rye (1) which, with the consent of the Corporation, is seeded in the current crop year, before harvest becomes general, to any other crop insurable in the county for the current crop year under the regulations of the Corporation, shall be 50 percent of the production guarantee for such acreage or the appraised production whichever is greater; (2) which is unharvested or from which the production harvested is less than 1.5 bushels per acre shall be the appraised production and the harvested production in excess of 1.5 bushels per acre, except as to the acreage referred to in the following items (3) and (4); (3) which is abandoned or put to another use without prior written consent of the Corporation shall be the production guarantee provided for such acreage; or (4) which is damaged solely by an uninsured cause shall be not less than the production guarantee provided for such acreage.

(d) The total production to be counted shall include any harvested production from acreage initially seeded for purposes other than for harvest as grain as determined by the Corporation.

(e) In determining total production, volunteer small grains and volunteer vetch growing with the seeded rye crop, and small grains seeded in the growing rye crop on acreage on which the Corporation has not given its consent to be put to another use shall be counted as rye on a weight basis.

(1) Notwithstanding any other provision of this section for determining production to be counted, the production to be counted of any threshed rye which does not grade No. 2 or better and in addition, does not grade No. 3 on the basis of test weight only but otherwise grades No. 2 or better (determined in accordance with Official Grain Standards of the United States), because of poor quality due to insurable causes occurring within the insurance period and would not meet these grade requirements if properly handled, shall be adjusted by (1) dividing the value per bushel of the damaged rye as determined by the Corporation, by the market price per bushel at the local market for rye grading No. 2 at the time the loss is adJusted, and (2) multiplying the result thus obtained by the number of bushels of such damaged rye.

5. Meaning of terms. For the purpose of insurance on rye the term:

(a) "Harvest" means the mechanical severance from the land of matured rye for threshing.

6. Cancellation and termination for indebtedness dates. For each year of the contract the cancellation date shall be the June 30 and the termination date for indebtedness shall be the August 31 immediately preceding the beginning of the crop year for which the cancellation or the termination is to become effective.

[Amdt. 9, 33 F.R. 8263, June 4, 1968; 33 F.R. 9086, June 20, 1968]

§ 401.134 The soybean endorsement.

The provisions of the soybean endorsement for the 1969 and succeeding crop years are as follows:

1. Insured crop. The crop insured shall be soybeans planted for harvest as beans, as determined by the Corporation. Unless otherwise provided on the county actuarial table (hereinafter called "actuarial table”), insurance shall attach only on acreage initially planted in rows far enough apart to permit cultivation, as determined by the Corporation, but, if such insured acreage is destroyed and is replanted, whether in the same manner or by broadcasting, drilling, or in rows too close to permit cultivation, it shall be regarded as insured acreage and not as acreage put to another use. Notwithstanding the foregoing, insurance shall not attach on acreage on which it is determined by the Corporation that soybeans are planted for the development of hybrid seed, or planted in the same row or interplanted in rows with corn. Item (1) of the second sentence of subsection 2(c) of the policy shall not be applicable hereunder in counties in Arkansas, Louisiana, and Mississippi.

2. Production guarantee. The production guarantee per acre shown on the actuarial table shall be increased by 1.5 bushels for any harvested acreage on which the amount harvested is 1.5 or more bushels per acre.

3. Insurance period. Insurance on any insured acreage shall attach at the time the soybeans are planted and shall cease upon threshing or removal from the field, whichever occurs first, but in no event shall insurance remain in effect later than the December 10 (October 31 in North Dakota) of the calendar year in which the soybeans are normally harvested.

(c) Losses shall be determined separately for each unit. The amount of loss with respect to any unit shall be determined by (1) multiplying the insured acreage of soybeans on the unit by the applicable production guarantee per acre, which product shall be the production guarantee for the unit, (2) subtracting therefrom the total production to be counted for the unit, (3) multiplying the remainder by the applicable price for computing indemnities, and (4) multiplying the result obtained in (3) by the insured interest: Provided, That if for the unit the insured fails to report all of his interest or insurable acreage the amount of loss shall be determined with respect to all of his interest and insurable acreage, but in such cases or otherwise, if the premium computed on the basis of the insurable acreage and interest exceeds the premium on the reported acreage and interest, or the acreage and interest when determined by the Corporation under section 3 of the policy, the amount of loss shall be reduced proportionately.

acreage referred to in the following items (2) and (3); (2) which is abandoned or put to another use without prior written consent of the Corporation shall be the production guarantee provided for such acreage; or (3) which is damaged solely by an uninsured cause shall be not less than the production guarantee provided for such acreage.

(d) The total production to be counted shall include any harvested production from acreage initially planted for purposes other than for harvest as beans as determined by the Corporation.

(e) Notwithstanding any other provision of this section for determining production to be counted, the production to be counted of any threshed soybeans which do not grade No. 4 or better (determined in accordance with Official Grain Standards of the United States) because of poor quality due to insurable causes occurring within the insurance period and would not meet this grade requirement if properly handled, shall be adjusted by (1) dividing the value per bushel of the damaged soybeans as determined by the Corporation, by the market price per bushel at the local market for soybeans grading No. 4 at the time the loss is adjusted, and (2) multiplying the result thus obtained by the number of bushels of such damaged soybeans.

5. Meaning of terms: For purposes of insurance on soybeans the term:

(a) "Harvest" means the mechanical severance from the land of matured soybeans for threshing.

6. Cancellation and termination for indebtedness dates. For each year of the contract the cancellation date and termination date for indebtedness are the following applicable dates immediately preceding the beginning of the crop year for which the cancellation or the termination is to become effective:

by natural causes other than earthquake, fire, or wildlife, or by the insured, and not considered as bona fide abandoned acreage for proportionate share history purposes under the Sugar Act of 1948, as amended, and under regulations issued by the U.S. Department of Agriculture pursuant thereto, or to any acreage cut for seed.

2. Production guarantee. The production guarantees per acre shown on the county actuarial table (hereinafter called "actuarial table") are progressive depending on whether the acreage is unharvested, or harvested. For any insured acreage for a crop year the production guarantee shall be the applicable percent, as shown on the actuarial table, of the normal yield (hundredweight of commercially recoverable sugar) established by the applicable County (or Parish) Agricultural Stabilization and Conservation Committee for the farm which includes such acreage for such crop year in accordance with the regulations issued by the U.S. Department of Agriculture pursuant to the Sugar Act of 1948, as amended.

3. Insurance period. Insurance on any insured acreage which is planted shall attach at the time the sugarcane is planted. Insurance on any insured stubble acreage shall attach immediately after the preceding crop is harvested or the time of normal harvest if the acreage is not harvested, provided there is a stand which normally would be left for harvest in the ensuing crop year. Insurance shall cease upon harvesting and removal from the field, but in no event shall insurance remain in effect later than January 31 following the calendar year in which the harvesting of sugarcane is normally commenced in the county.

4. Responsibility of the insured to report acreage and share. In lieu of section 3 of the policy, the following shall apply: Subject to the provisions of section 1 hereof, if for any crop year proportionate shares are not established under the Sugar Act of 1948, as amended, the insured acreage for any insurance unit (hereinafter called "unit") shall be all insurable acreage planted for harvest for processing for sugar for such crop year and all stubble acreage on which there is a stand which normally would be left for harvest for processing for sugar in the ensuing crop year, less the acres cut for seed. If for any crop year proportionate shares are established, the insured acreage for any unit shall be the insurable acreage, less any acreage on such unit which is determined to be excess acreage under the regulations for the Sugar Act of 1948, as amended, and any acreage cut for seed.

Not later than June 30 of each crop year, the insured shall submit to the office for the county, on a form prescribed by the Corporation, a report showing all of the acreage of sugarcane in the county in which he has a share and his share therein. Such report shall identify the acreage regarded by the insured as proportionate share acreage, if proportionate shares are established, and

the acreage regarded by the insured as in excess of the proportionate share. The report shall also specify the number of acres to be cut for seed. If the insured does not have a share in any insured acreage in the county for any crop year, he shall submit a report so indicating. Any acreage report submitted by the insured shall be binding upon the insured and shall not be subject to change by the insured. The Corporation, however, reserves the right to determine the insured acreage and the insured's share therein. Subject to the provisions of section 1 hereof, the acreage and share insured shall be the acreage and share as reported by the insuredthe acreage being that identified as proportionate share acreage, if proportionate shares are established, less the acres cut for seedor as determined by the Corporation, except that, if damage or loss to the insured crop due to a cause insured against occurs before the submission of such report, the Corporation shall determine the insured acreage and the insured's share therein, and thereafter such determination shall apply for that crop year.

5. Notice of loss or substantial damage. In lieu of subsections 8(a) and 8(b) of the policy, the following shall apply: (a) The insured shall promptly give written notice of damage to the Corporation at the office for the county if, during the period before harvest, the insured crop on any unit is substantially damaged or the insured wants the consent of the Corporation to abandon the crop or put the acreage to another use (including harvesting for any purpose other than processing for sugar). No acreage of an insured crop shall be put to another use before the Corporation has made an appraisal of the potential production of such acreage and consents in writing to such other use. Such consent shall not be given until it is too late to replant to the same crop. The insured shall notify the Corporation when such acreage has been put to another use.

(b) If any insured loss occurs on any unit the insured shall give written notice to the Corporation at the office for the county by the January 31 following the calendar year in which the harvesting of sugarcane is normally commenced in the county.

6. Claims for loss. (a) Any claim for loss on a unit shall be submitted to the Corporation, on a form prescribed by the Corporation, within 30 days after the amount of loss has been determined by the Corporation.

(c) Losses shall be determined separately for each unit. The amount cf loss with respect to any unit shall be determined by (1)

multiplying the insured acreage of sugarcane on the unit by the applicable production guarantee per acre, which product shall be the production guarantee for the unit, (2) subtracting therefrom the total production to be counted for the unit, (3) multiplying the remainder by the applicable price for computing indemnities, and (4) multiplying the result obtained in (3) by the insured interest: Provided, That if for the unit the insured fails to report all of his interest or insurable acreage the amount of loss shall be determined with respect to all of his interest and insurable acreage, but in such cases or otherwise, if the premium computed on the basis of the insurable acreage and interest exceeds the premium on the reported acreage and interest, or the acreage and interest when determined by the Corporation under section 4 of this endorsement, the amount of the loss shall be reduced proportionately.

The Corporation shall determine the hundredweight of commercially recoverable sugar by multiplying the net weight of sugarcane in tons delivered to a processor by the applicable rate of commercially recoverable sugar prescribed for the crop year under regulations issued by the U.S. Department of Agriculture pursuant to the Sugar Act of 1948, as amended. The commercially recoverable sugar to be counted for any appraised production shall be 1.70 hundredweight of commercially recoverable sugar for each ton of sugarcane net weight (excluding green or dried leaves, sugarcane tops, dirt and all other extraneous material) as determined by the Corporation.

The total production to be counted for a unit shall be determined by the Corporation and, subject to the provisions hereinafter, shall include all harvested production and any appraisals made by the Corporation for unharvested, or potential production, poor farming practices, uninsured causes of loss, or for acreage abandoned or put to another use without the consent of the Corporation: Provided, That on any acreage of sugarcane (1) which is unharvested and which is considered as bona fide abandoned acreage for proportionate share history purposes under regulations issued by the U.S. Department of Agriculture pursuant to the Sugar Act of 1948, as amended, no production shall be counted; (2) which is unharvested and which is not considered as bona fide abandoned acreage under item (1) above, the total production to be counted shall be the appraised production in excess of the difference between the harvested production guarantee applicable for such acreage, and the unharvested production guarantee, except as to the acreage referred to in the following items (3) and (4); (3) which is abandoned or put to another use without prior written consent of the Corporation the total production to be counted shall be the production guarantee provided for such acreage, except that consent of the Corporation shall be deemed to have been given if the abandoned acreage is bona fide abandoned acreage

under the Sugar Act of 1948, as amended, and under regulations issued pursuant thereto; or (4) which is damaged solely by an uninsured cause the total production to be counted shall be not less than the production guarantee provided for such acreage.

7. Meaning of terms. For the purpose of insurance on sugarcane the terms:

(a) "Crop year" notwithstanding section 19 (c) of the policy means the period beginning when sugarcane is normally planted and extending through the insurance period and shall be designated by reference to the calendar year in which the sugarcane is normally harvested.

(b) "Harvest" means cutting the cane by manual or mechanical means.

(c) "Insurance unit" in lieu of that portion of the first sentence preceding item (1) of section 19 (e) of the policy, the following shall apply: "Insurance unit' means all the insurable acreage of sugarcane in the county at the time insurance attaches".

8. Cancellation and termination for indebtedness dates. For each crop year of the contract the cancellation date shall be the July 31, and the termination date for indebtedness shall be the August 31, immediately preceding the beginning of the crop year for which the cancellation or the termination is to become effective.

[Amdt. 11, 33 F.R. 8265, June 4, 1968; 33 F.R. 10277, July 18, 1968]

§ 401.136

The cotton endorsement.

The provisions of the cotton endorsement for the 1969 and succeeding crop years are as follows:

1. Insured crop. The crop insured shall be American Upland lint cotton. Insurance shall not attach on acreage on which it is determined by the Corporation that cotton was (a) planted following in the same year a small grain crop which reached the heading stage, (b) planted on new ground acreage, or (c) planted in excess of the allotment, permitted acreage, or any other acreage limitation established under any program administered by the Secretary of Agriculture but destroyed by natural causes or by the insured and not considered as cotton under the provisions of such program.

2. Annual premium. There will be a reduction in the annual cotton premium for each insurance unit (hereinafter called "unit") of 4 percent for each full hundred acres on the unit: Provided, however, That the total reduction shall not exceed 20 percent.

3. Production guarantee. The production guarantees per acre shown on the county actuarial table (hereinafter called "actuarial table") are progressive as follows: (1) First Stage-after it is too late to plant cotton until the first blooms are shed, (2) Second Stage after the first blooms are shed and until acreage qualifies for the third stage, or (3) Third Stage-after harvest of at least 20 percent of the pound guarantee per acre for this stage and to the end of the insur

ance period, except that, and notwithstanding section 6(b) of this endorsement or any other provisions of the contract, acreage on which the Corporation determines the cotton crop has been damaged to the extent that normally farmers would not further care for the crop, shall be deemed to have been destroyed at the time of such damage even though the cotton crop on such acreage was further cared for or harvested. The pound guarantee applicable to such acreage shall be that established for the stage reached by the crop at the time of such damage as determined by the Corporation.

4. Insurance period. Insurance on any insured acreage shall attach at the time the cotton is planted, and with respect to any portion of the crop shall cease upon removal from the field, or upon being housed, or upon either disposal or transfer of interest in unharvested cotton after harvest has commenced, but in no event shall insurance remain in effect later than the applicable date set forth below immediately following the beginning of the normal harvest period: Alabama:

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