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

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

3781

Vol. 65, No. 16

Tuesday, January 25, 2000

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 400

General Administrative Regulations;

Reinsurance Agreement—Standards

for Approval; Regulations for the 1997

and Subsequent Reinsurance Years

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Final rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) is revising the

General Administrative Regulations,

Subpart-L Reinsurance Agreement—

Standards for Approval; Regulations for

the 1997 and Subsequent Reinsurance

Years. The intended effect of this rule is

to clarify the time frame in which all

requests for a final agency

determination must be submitted.

EFFECTIVE DATES: This rule is effective

January 25, 2000.

FOR FURTHER INFORMATION CONTACT:

Heyward Baker, Director, Reinsurance

Services Division, telephone (202) 720–

4232.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

exempt for the purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget (OMB).

Paperwork Reduction Act of 1995

It has been determined by OMB that

this rule is exempt from the information

collection requirement contained under

the Paperwork Reduction Act of 1995

(44 U.S.C. chapter 35).

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, 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 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 UMRA.

Executive Order 13132

The policies contained in this rule do

not have any substantial direct effect on

states, on the relationship between the

national government and the states, or

on the distribution of power and

responsibilities among the various

levels of government. Nor does this rule

impose substantial direct compliance

costs on state and local governments.

Therefore, consultation with the states

is not required.

Regulatory Flexibility Act

This regulation will not have a

significant economic impact on a

substantial number of small entities.

The regulation does not require any

more action on the part of the small

entities than is required on the part of

large entities. Therefore, this action is

determined to be exempt from the

provisions of the Regulatory Flexibility

Act (5 U.S.C. 605), and no Regulatory

Flexibility Analysis was prepared.

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. The

administrative appeal provisions must

be exhausted before any action for

judicial review of any determination

made by FCIC may be brought.

Environmental Evaluation

This action is not expected to have a

significant economic impact on the

quality of the human environment,

health, and safety. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

Background

On August 22, 1988, FCIC has

implemented a process in cases when it

suspects a violation of the provisions of

the Standard Reinsurance Agreement

where it provides the applicable

reinsured company with a copy of

initial findings, allowed the reinsured

company to respond, and then issued a

final determination. If the reinsured

company disputed the final

determination, the reinsured company

was required to appeal within 45 days

of receipt of the determination to the

Deputy Manager of FCIC.

On May 1, 1995, FCIC revised this

appeals process and now when a

reinsured company disputed the final

determination it was required to request

a final agency determination from the

Director of Compliance. The process

also stated that the reinsured company

‘‘may’’ request the final agency

determination within 45 days. A

controversy has arisen with respect to

whether the 45 day time frame is

mandatory or permissive. Although

FCIC has always treated the 45 day time

frame as mandatory under both the old

and new process, and the reinsured

companies have routinely complied

with this requirement, FCIC is revising

the language to make it clear that the 45

day time frame is a mandatory

requirement.

FCIC is also revising the section to

have all requests for a final agency

determination be submitted to the

Deputy Administrator for Insurance

Services or the Deputy Administrator

for Compliance to be in conformance

with the renaming of titles in the recent

reorganization.

The changes in this rule do not

change current requirements as

understood by the reinsured companies

and FCIC. This rule is merely

interpretative and, therefore, exempt

from the requirements for notice and

comment and the 30 day delay in the

effectiveness of this rule.

3782 Federal Register / Vol. 65, No. 16 / Tuesday, January 25, 2000 / Rules and Regulations

List of Subjects in 7 CFR Part 400

Administrative practice and

procedures, Claims, Crop insurance,

Penalties.

Final Rule

Accordingly, as set forth in the

preamble, the Federal Crop Insurance

Corporation hereby amends 7 CFR part

400 as follows:

PART 400—GENERAL

ADMINISTRATIVE REGULATIONS

1. The authority citation for 7 CFR

part 400 continues to read as follows:

Authority: 7 U.S.C. 1506(1), 1506(p).

2. Section 400.169 is revised to read

as follows:

§ 400.169 Disputes.

(a) If the company believes that the

Corporation has taken an action that is

not in accordance with the provisions of

the Standard Reinsurance Agreement or

any reinsurance agreement with FCIC,

except compliance issues, it may

request the Deputy Administrator of

Insurance Services to make a final

administrative determination addressing

the disputed action. The Deputy

Administrator of Insurance Services will

render the final administrative

determination of the Corporation with

respect to the applicable actions. All

requests for a final administrative

determination must be in writing and

submitted within 45 days after receipt

after the disputed action.

(b) With respect to compliance

matters, the Compliance Field Office

renders an initial finding, permits the

company to respond, and then issues a

final finding. If the company believes

that the Compliance Field Office’s final

finding is not in accordance with the

applicable laws, regulations, custom or

practice of the insurance industry, or

FCIC approved policy and procedure, it

may request, the Deputy Administrator

of Compliance to make a final

administrative determination addressing

the disputed final finding. The Deputy

Administrator of Compliance will

render the final administrative

determination of the Corporation with

respect to these issues. All requests for

a final administrative determination

must be in writing and submitted within

45 days after receipt of the final finding.

(c) A company may also request

reconsideration by the Deputy

Administrator of Insurance Services of a

decision of the Corporation rendered

under any Corporation bulletin or

directive which bulletin or directive

does not interpret, explain, or restrict

the terms of the reinsurance agreement.

The company, if it disputes the

Corporation’s determination, must

request a reconsideration of that

determination in writing, within 45

days of the receipt of the determination.

The determinations of the Deputy

Administrator will be final and binding

on the company. Such determinations

will not be appealable to the Board of

Contract Appeals.

(d) Appealable final administrative

determinations of the Corporation under

paragraph (a) or (b) of this section may

be appealed to the Board of Contract

Appeals in accordance with the

provisions of subtitle A, part 24 of title

7 of the Code of Federal Regulations.

Signed in Washington, D.C., on January 18,

2000.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 00–1702 Filed 1–24–00; 8:45am]

BILLING CODE 3410–08–P

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

Common Crop Insurance Regulations;

Forage Production Crop Provisions;

and Forage Seeding Crop Provisions

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Final rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) finalizes specific

crop provisions for the insurance of

forage production and forage seeding.

The intended effect of this action is to

provide policy changes to better meet

the needs of the insured. The changes

will be effective for the 2001 and

subsequent crop years.

EFFECTIVE DATE: This rule is effective

February 24, 2000.

FOR FURTHER INFORMATION CONTACT:

Richard Brayton, Insurance

Management Specialist, Product

Development Division, Federal Crop

Insurance Corporation, United States

Department of Agriculture, 9435 Holmes

Road, Kansas City, MO, 64131,

telephone (816) 926–7730.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

exempt for the purpose of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget (OMB).

Paperwork Reduction Act of 1995

Pursuant to the Paperwork Reduction

Act of 1995 (44 U.S.C. chapter 35), the

collections of information in this rule

have been approved by the Office of

Management and Budget (OMB) under

control number 0563–0053 through

April 30, 2001.

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

The policies contained in this rule do

not have any substantial direct effect on

states, on the relationship between the

national government and the states, or

on the distribution of power and

responsibilities among the various

levels of government. Nor does this rule

impose substantial direct compliance

costs on state and local governments.

Therefore, consultation with the states

is not required.

Regulatory Flexibility Act

This regulation will not have a

significant economic impact on a

substantial number of small entities.

Additionally, the regulation does not

require any action on the part of small

entities than is required on the part of

large entities. The amount of work

required of the insurance companies

will not increase because the

information used to determine

eligibility must already be collected

under the present policy. No additional

work is required as a result of this

action on the part of either the insured

or the insurance companies. Therefore,

this action is determined to be exempt

from the provisions of the Regulatory

Flexibility Act (5 U.S.C. 605), and no

Regulatory Flexibility Analysis was

prepared.

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