[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR457.102]

[Page 153-155]
 
                          TITLE 7--AGRICULTURE
 
     CHAPTER IV--FEDERAL CROP INSURANCE CORPORATION, DEPARTMENT OF 
                               AGRICULTURE
 
PART 457_COMMON CROP INSURANCE REGULATIONS--Table of Contents
 
Sec. 457.102  Wheat or barley winter coverage endorsement.

                 United States Department of Agriculture

                   Federal Crop Insurance Corporation

               Wheat or Barley Winter Coverage Endorsement

(This is a continuous endorsement)

    1. In return for payment of the additional premium designated in the 
actuarial documents, this endorsement is attached to and made part of 
the Small Grains Crop Provisions subject to the terms and conditions 
described herein.
    2. This endorsement is available only in counties for which the 
Special Provisions for the insured crop designate both a fall final 
planting date and a spring final planting date, and for which the 
actuarial documents provide a premium rate for this coverage.
    3. You must have a Small Grains Crop Insurance Policy in force and 
elect to insure barley or wheat under that policy.
    4. You must select this coverage, by crop, on your application for 
insurance. Failure to do so means you have rejected this coverage for 
both wheat and barley and this endorsement is void.
    5. In addition to the requirements of section 34(b) of the Basic 
Provisions and section 2 of the Small Grains Crop Provisions, optional 
units may be established for barley if each optional unit contains only 
initially planted winter barley or only initially planted spring barley.
    6. If you elect this endorsement for winter barley, the contract 
change, cancellation, and termination dates applicable to wheat in the 
county will be applicable to all your spring and winter barley.
    7. Coverage under this endorsement begins on the later of the date 
we accept your application for coverage or on the fall final planting 
date designated in the Special Provisions. Coverage ends on the spring 
final planting date designated in the Special Provisions.
    8. The provisions of section 14 of the Basic Provisions are amended 
to require that all notices of damage be provided to us by the spring 
final planting date designated in the Special Provisions.
    9. All eligible acreage of each crop covered under this endorsement 
must be insured.
    10. The amount of any indemnity paid under the terms of this 
endorsement will be subject to any reduction specified in the Basic 
Provisions for multiple crop benefits in the same crop year.
    11. Whenever any winter wheat or barley is damaged during the 
insurance period and at least 20 acres or 20 percent of the insured 
planted acreage in the unit, whichever is less, does not have an 
adequate stand to produce at least 90 percent of the production

[[Page 154]]

guarantee for the acreage, you may, at your option, take one of the 
following actions:
    (a) Continue to care for the damaged crop. By doing so, coverage 
will continue under the terms of the Basic Provisions, the Small Grains 
Crop Insurance Provisions and this endorsement.
    (b) Replant the acreage to an appropriate variety of the insured 
crop, if it is practical, and receive a replanting payment in accordance 
with the terms of section 9 (Replanting Payments) of the Small Grains 
Crop Insurance Provisions. By doing so, coverage will continue under the 
terms of the Basic Provisions, the Small Grains Crop Insurance 
Provisions and this endorsement, and the production guarantee for winter 
wheat or barley will remain in effect.
    (c) Destroy the remaining crop on such acreage. By doing so, you 
agree to accept an appraised amount of production determined in 
accordance with section 11(c)(1) of the Small Grains Crop Insurance 
Provisions to count against the unit production guarantee. This amount 
will be considered production to count in determining any final 
indemnity on the unit and will be used to settle your claim as described 
in section 11 (Settlement of Claim) of the Small Grains Crop Insurance 
Provisions. You may use such acreage for any purpose, including planting 
and separately insuring any other crop if such insurance is available. 
If you elect to plant and elect to insure a spring type of the same crop 
(you must elect whether or not you want insurance on the spring type of 
the same crop at the time we release the winter type acreage), you must 
pay additional premium for the insurance. Such acreage will be insured 
in accordance with the policy provisions that are applicable to acreage 
that is initially planted to a spring type of the insured crop, and you 
must:
    (1) Plant the spring type in a manner which results in a clear and 
discernable break in the planting pattern at the boundary between it and 
any remaining acreage of the winter type; and
    (2) Store or market the production in a manner which permits us to 
verify the amount of spring type production separately from any winter 
type production. In the event you are unable to provide records of 
production that are acceptable to us, the spring type acreage will be 
considered to be a part of the original winter type unit.

           Option A (30 Percent Coverage and Acreage Release)

    Whenever any winter wheat is damaged during the insurance period 
(see section 3, above), and at least 20 acres or 20 percent of the 
acreage in the unit, whichever is less, does not have an adequate stand 
to produce at least 90 percent of the production guarantee for the 
acreage, you may take any one of the following actions:
    (a) Destroy the remaining crop on such acreage. By doing so, you 
agree to accept an amount of production to count against the unit 
production guarantee equal to 70 percent of the production guarantee for 
the damaged acreage, or an appraisal determined in accordance with 
paragraph 11.(c)(1) of the Small Grains Crop Insurance Provisions (Sec. 
457.101) if such an appraisal results in a greater amount of production. 
This amount will be considered production to count in determining any 
final indemnity on the unit and will be used to settle your claim as 
described in the provisions under section 11. (Settlement of Claim) of 
the Small Grains Crop Insurance Provisions (Sec. 457.101). You may use 
such acreage for any purpose, including planting and separately insuring 
any other crop. If you elect to utilize such acreage for the production 
of spring wheat, you must:
    (1) Plant the spring wheat in a manner which results in a clear and 
discernible break in the planting pattern at the boundary between it and 
any remaining winter wheat; and
    (2) Store or market the production from such acreage in a manner 
which permits us to verify the amount of spring wheat production 
separately from any winter wheat production.
    In the event you are unable to provide records of production that 
are acceptable to us, the spring wheat acreage will be considered to be 
a part of the original winter wheat unit. If you elected to insure the 
spring wheat acreage as a separate optional unit, any premium amount for 
such acreage will be considered earned and payable to us.
    (b) Continue to care for the damaged crop. By doing so, coverage 
will continue under the terms of the Common Crop Insurance Policy (Sec. 
457.8), the Small Grains Crop Insurance Provisions (Sec. 457.101), and 
this Option.
    (c) Replant the acreage to an appropriate variety of wheat, if it is 
practical, and receive a replanting payment in accordance with the terms 
of section 9. (Replanting Payments) of the Small Grains Crop Provisions 
(Sec. 457.101). By doing so, coverage will continue under the terms of 
the Common Crop Insurance Policy (Sec. 457.8), the Small Grains Crop 
Insurance Provisions (Sec. 457.101), and this Option, and the 
production guarantee for winter wheat will remain in effect.

               Option B (With Full Winter Damage Coverage)

    Whenever any winter wheat is damaged during the insurance period and 
at least 20 acres or 20 percent of the acreage in the unit, whichever is 
less, does not have an adequate stand to produce at least 90 percent of 
the production guarantee for the acreage, you may, at your option, take 
one of the following actions:

[[Page 155]]

    (a) Continue to care for the damaged crop. By doing so, coverage 
will continue under the terms of the Common Crop Insurance Policy (Sec. 
457.8), the Small Grains Crop Insurance Provisions (Sec. 457.101), and 
this Option.
    (b) Replant the acreage to an appropriate variety of wheat, if it is 
practical, and receive a replanting payment in accordance with the terms 
of section 9. (Replanting Payments) of the Small Grains Crop Provisions 
(Sec. 457.101). By doing so, coverage will continue under the terms of 
the Common Crop Insurance Policy (Sec. 457.8), the Small Grains Crop 
Insurance Provisions (Sec. 457.101), and this Option, and the 
production guarantee for winter wheat will remain in effect.
    (c) Accept our appraisal of the crop on the damaged acreage as 
production to count against the production guarantee for the damaged 
acreage, destroy the remaining crop on such acreage, and be eligible for 
any indemnity due under the terms of the Common Crop Insurance Policy 
(Sec. 457.8) and the Small Grains Crop Provisions (Sec. 457.101). The 
appraisal will be considered production to count in determining any 
final indemnity on the unit and will be used to settle your claim as 
described in the provisions of section 11. (Settlement of Claim) of the 
Small Grains Crop Insurance Provisions (Sec. 457.101). You may use such 
acreage for any purpose, including planting and separately insuring any 
other crop. If you elect to utilize such acreage for the production of 
spring wheat, you must:
    (1) Plant the spring wheat in a manner which results in a clear and 
discernable break in the planting pattern at the boundary between it and 
any remaining winter wheat; and
    (2) Store or market the production from such acreage in a manner 
which permits us to verify the amount of spring wheat production 
separately from any winter wheat production.
    In the event you are unable to provide records of production that 
are acceptable to us, the spring wheat acreage will be considered to be 
a part of the original winter wheat unit. If you elected to insure the 
spring wheat acreage as a separate optional unit, any premium amount for 
such acreage will be considered earned and payable to us.

[59 FR 9397, Feb. 28, 1994, as amended at 68 FR 34272, June 9, 2003]]