This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

29941

Vol. 65, No. 91

Wednesday, May 10, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 47

[Docket No. FV00–363]

Amendments to Rules of Practice

Under the Perishable Agricultural

Commodities Act (PACA); Correction

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; correction.

SUMMARY: The Department of

Agriculture (USDA) published in the

Federal Register on July 15, 1999, a

final rule that amended the Rules of

Practice under the Perishable

Agriculture Commodities Act. This

document corrects the amount of time

allowed for filing a petition to reopen

after default.

EFFECTIVE DATE: August 16, 1999.

FOR FURTHER INFORMATION CONTACT:

Charles W. Parrott, Acting Chief, PACA

Branch, Room 2095–So. Bldg., Fruit and

Vegetable Division, AMS, USDA,

Washington, D.C. 20250, Phone (202)

720–4180, Email—

charles.parrott@usda.gov.

SUPPLEMENTARY INFORMATION: 

Background

The Department of Agriculture

(Department) published a final rule in

the Federal Register on July 15, 1999

(64 FR 38103), that amended several

sections of the Rules of Practice to

comply with the PACA Amendments of

1995, and made numerous other

changes to enhance customer service.

Need for Correction

As published, the final regulations

contain an error that may prove to be

misleading and need to be clarified. The

30-day time period for filing a petition

to reopen after default is in conflict with

the statute and is being corrected to

show a 20-day time period in order to

remain consistent with the 20-day time

period for filing a petition for

reconsideration of an order.

List of Subjects in 7 CFR Part 47

Administrative practice and

procedure, Agricultural commodities,

Brokers

Accordingly, 7 CFR part 47 is

corrected by making the following

correcting amendment:

PART 47—[CORRECTED]

1. The authority citation for part 47

continues to read as follows:

Authority: 7 U.S.C. 499o; 7 C.F.R.

2.22(a)(1)(viii)(L), 2.79(a)(8)(xiii).

2. Revise paragraph (d) of § 47.24 to

read as follows:

§ 47.24 Rehearing, reargument,

reconsideration of orders, reopening of

hearings, reopening after default.

* * * * *

(d) Reopening after default. The party

in default in the filing of an answer or

reply required or authorized under this

part may petition to reopen the

proceeding at any time prior to the

expiration of 20 days from the date of

service of the default order. If, in the

judgment of the examiner, after notice to

and consideration of the views of the

other party(ies), there is good reason for

granting such relief, the party in default

will be allowed 20 days from the date

of the order reopening the proceeding to

file an answer.

Dated: May 4, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–11641 Filed 5–9–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 400

General Administrative Regulations;

Food Security Act of 1985,

Implementation; Denial of Benefits;

Correcting Amendment

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Correcting Amendment.

SUMMARY: This document contains a

technical correction to subpart F of the

General Administrative Regulations,

concerning the denial of crop insurance

when a person is ineligible due to a

conviction of a controlled substance

violation.

EFFECTIVE DATE: May 9, 2000.

FOR FURTHER INFORMATION CONTACT: Bill

Smith, Supervisory Insurance

Management Specialist, Research and

Development, Product Development

Division, FCIC, at 9435 Holmes Road,

Kansas City, MO 64131, telephone (816)

926–7743 (not a toll-free call).

SUPPLEMENTARY INFORMATION:

Background

The provision contained in 7 CFR part

400.47(a)(2) states that the application

and policy of insurance will be canceled

when a person becomes ineligible for

crop insurance as a result of a

conviction for planting, cultivating,

growing, producing, harvesting or

storing a controlled substance and that

a person may submit a new application

to obtain crop insurance coverage

following the period of ineligibility. As

published, the final regulation was not

clear regarding the requirement to

submit a new application.

Need for Correction

As published, the regulation is not

clear and has proven to be misleading.

Clarification of the requirement to

submit a new application for crop

insurance coverage following

ineligibility is needed.

List of Subjects in 7 CFR Part 400

Crop insurance.

Accordingly, 7 CFR part 400 is

corrected by making the following

correcting amendment:

PART 400—GENERAL

ADMINISTRATIVE REGULATIONS

Subpart F—Food Security Act of 1985,

Implementation; Denial of Benefits

1. The authority citation for subpart F

continues to read as follows:

Authority: Secs, 1506, 1516, Pub.L. 75–

430, 52 Stat. 73,77, as amended (7 U.S.C.

1501 et seq.); sec. 1244, Pub.L. 99–198.

2. In § 400.47, paragraph (a)(2), is

revised to read as follows: