BULLETIN NO.: MGR-96-050 TO: All Reinsured Companies All Risk Management Field Offices FSA Headquarters, Program Delivery and Field Operations FROM: Kenneth D. Ackerman Acting Administrator SUBJECT: 1997 Crop Year Prevented Planting Issues BACKGROUND: For the 1997 crop year, issues have been raised regarding: 1) how the maximum eligible prevented planting acreage is to be determined; and 2) the need to proactively advise policyholders of the policy requirement to request an increase in maximum eligible prevented planting acres by the sales closing date, if they intend to plant more than the maximum eligible prevented planting acreage allowed under current policy. The Federal Crop Insurance Corporation (FCIC) was advised that revised 1996 crop year prevented planting policy language was not being uniformly implemented. Therefore, FCIC issued Manager's Bulletin MGR-96-045 to provide guidelines to follow when determining prevented planting acreage. The current policy language specifies that, "The acreage to which prevented planting coverage applies will not exceed the total eligible acreage on all Farm Service Agency (FSA) Farm Serial Numbers in which you have a share....." The passage of the 1996 Farm Bill provided producers with greater flexibility in planting in that they are no longer required to plant within certain crop acreage bases. The increased flexibility has caused concern since FCIC policy language contains provisions which generally limit maximum eligible prevented planting acreage to prior year bases or planting history, unless the policyholder requests an increase in eligible prevented planting acreage by the sales closing date. ACTION: Until the prevented planting policy provisions regarding maximum eligible acreage are revised, the maximum eligible prevented planting acres will be determined on a policy (contract) basis (that is reflecting all acreage on all FSN's carried under the policy rather than reflecting individual FSN's), subject to the acreage limitations contained in the policy provisions. While the determination will be based upon the insured's intent as reported by the acreage reporting date, that reported acreage cannot exceed the maximum acreage eligible under the policy. Additionally, insurance providers and agents should advise each policyholder that if they wish to increase the maximum acreage eligible for prevented planting coverage above the limitations contained within the policy, such request must be made by the sales closing date for the applicable crop.