Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21035

rule were invited from interested

persons until February 3, 1995. No

comments were received.

List of Subjects in 7 CFR Part 75

Administrative practice and

procedure, Agricultural commodities,

Reporting and recordkeeping

requirements, Seeds, Vegetables.

For reasons set forth in the preamble,

it is proposed that 7 CFR part 75 be

amended as follows:

PART 75—REGULATIONS FOR

INSPECTION AND CERTIFICATION OF

QUALITY OF AGRICULTURAL AND

VEGETABLE SEEDS.

1. The authority citation for part 75 is

revised to read as follows:

Authority: 7 U.S.C. 1622 and 1624.

§ 75.41 [Amended]

2. Section 75.41 is amended by

removing ‘‘$35.40’’ and adding in its

place ‘‘$40.40.’’

§ 75.47 [Amended]

3. Section 75.47 is amended by

removing ‘‘$8.85’’ and adding in its

place ‘‘$10.10.’’

Dated: April 25, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–10603 Filed 4–28–95; 8:45 am]

BILLING CODE 3410–02–P

Federal Crop Insurance Corporation

7 CFR Part 400

General Administrative Regulations;

Reinsurance Agreement—Standards

for Approval

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Interim rule.

SUMMARY: The Federal Crop Insurance

Corporation (‘‘FCIC’’) hereby amends its

General Administrative Regulations, 7

CFR part 400, by revising the Disputes

clause, located at section 400.169. The

intended effect of this rule is to provide

reinsured companies with an informal

reconsideration process through an

administrative officer of FCIC and the

right to appeal the administrative

officer’s administrative determination to

the Board of Contract Appeals.

DATES: This rule is effective May 1,

1995. Written comments, data, and

opinions on this rule will be accepted

until close of business June 30, 1995

and will be considered when the rule is

to be made final.

ADDRESSES: Written comments, data,

and opinion on this interim rule should

be sent to Diana Moslak, Regulatory and

Procedural Development Staff, Federal

Crop Insurance Corporation, USDA,

Washington, D.C. 20250. Hand or

messenger delivery should be made to

Suite 500, 2101 L Street, N.W.,

Washington, D.C. Written comments

will be available for public inspection

and copying in the Office of the

Manager, 2101 L Street, N.W., 5th Floor,

Washington, D.C., during regular

business hours, Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Federal Crop Insurance Corporation,

U.S. Department of Agriculture,

Washington, D.C. 20250. Telephone

(202) 254–8314.

SUPPLEMENTARY INFORMATION: As a result

of the Departmental reorganization

mandated by the Department of

Agriculture Reorganization Act of 1994,

FCIC must amend its dispute provisions

to provide reinsured companies with a

mechanism to request reconsideration

or appeal of adverse decisions

determined by FCIC.

This action has been reviewed under

United States Department of Agriculture

(‘‘USDA’’) procedures established by

Executive Order 12866 and

Departmental Regulation 1512–1. This

action constitutes a review as to the

need, currency, clarity, and

effectiveness of these regulations under

those procedures. The sunset review

date established for these regulations is

March 31, 1999.

This rule has been determined to be

‘‘not significant’’ for the purposes of

Executive Order 12866, and therefore,

has not been reviewed by the Office of

Management and Budget (‘‘OMB’’).

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501 et seq.).

It has been determined under section

6(a) of Executive Order 12612,

Federalism, that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The policies and

procedures contained in this rule will

not have a substantial direct effect on

states or their political subdivisions, or

on the distribution of power and

responsibilities among the various

levels of government.

Under the Regulatory Flexibility Act

(5 U.S.C. 605), this regulation will not

have a significant impact on a

substantial number of small entities.

This action does not increase the

paperwork burden on the reinsured

company because this action only

changes the mechanism in which to

submit disputed reinsurance issues.

Therefore, this action is determined to

be exempt from the provisions of the

Regulatory Flexibility Act and no

Regulatory Flexibility Analysis was

prepared.

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

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.

The Office of the General Counsel has

determined that these regulations meet

the applicable standards provided in

subsections (2)(a) and 2(b)(2) of

Executive Order 12778. 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

located at 7 CFR part 400, subpart J and

the appeal provisions promulgated by

the Board of Contract Appeals, 7 CFR

part 24, subtitle A, must be exhausted

before judicial action may be brought.

This action is not expected to have

any significant impact on the quality of

the human environment, health, and

safety. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

This interim rule provides a new

avenue of appeal for reinsured

companies now that FCIC no longer has

hearing officers to conduct these

appeals. At present, there is no body

authorized to hear these appeals.

Therefore, it is impractical and contrary

to the public interest to publish this rule

for notice and comment prior to making

the rule effective. However, comments

are solicited for 60 days after the date

of publication in the Federal Register

and will be considered by FCIC before

this rule is made final.

Background

Prior to enactment of the Department

of Agriculture Reorganization Act of

1994, reinsured companies were

afforded the opportunity for an informal

hearing to appeal final determinations

made by FCIC. The authority to hear

these appeals was delegated to FCIC

hearing officers. If the reinsured

company was dissatisfied with the

determination of the hearing officer, its

only recourse was to the courts. Since

the Standard Reinsurance Agreement is

not a program agreement but instead an

agreement for delivery of the program,

it is an action to be handled by the
21036 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

Agency Board of Contract Appeals

rather than a program matter within the

jurisdiction of the National Appeals

Division. If the reinsured company is

now dissatisfied with a determination

under a reinsurance agreement with

FCIC it may now request the Director of

Insurance Services to render a final

administrative determination on the

dispute. If the reinsured company is

dissatisfied with a determination as a

result of a compliance review finding, it

may request the Director of Compliance

to render a final administrative

determination on the dispute. Such final

administrative determination by the

Director of Insurance Services or

Director of Compliance will be

appealable to the United States

Department of Agriculture Board of

Contract Appeals.

List of Subjects in 7 CFR Part 400

Crop insurance.

Final Rule

Pursuant to the authority contained in

the Federal Crop Insurance Act, as

amended (7 U.S.C. 1501 et seq.), the

Federal Crop Insurance Corporation

hereby amends 7 CFR part 400, subpart

L to read as follows:

PART 400—[AMENDED]

1. The authority citation for 7 CFR

part 400, subpart L, is revised to read as

follows:

Authority: 7 U.S.C. 1506(l).

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 within

45 days after receipt of such

determination, request, in writing, the

Director of Insurance Services to make

a final administrative determination

addressing the disputed issue. The

Director of Insurance Services will

render the final administrative

determination of the Corporation with

respect to the applicable issues.

(b) If the company believes that the

Corporation’s compliance review

findings are not in accordance with the

applicable laws, regulations, custom or

practice of the insurance industry, or

FCIC approved policy and procedure, it

may within 45 days after receipt of such

determination, request, in writing, the

Director of Compliance to make a final

administrative determination addressing

the disputed issue. The Director of

Compliance will render the final

administrative determination of the

Corporation with respect to these issues.

(c) A company may also request

reconsideration by the Director of

Insurance Services of a decision of the

Corporation rendered under any

Corporation bulletin or directive which

bulletin or directive does not affect,

interpret, explain, or restrict the terms

of the reinsurance agreement. The

company, if it disputes the

Corporation’s determination, must

request a reconsideraiton of that

determination in writing, within 45

days of the receipt of the determination.

The determinations of the Director 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

§ 400.169 (a) or (b) may be appealed to

the Board of Contract Appeals in

accordance with the provisions of part

24 of title 7, subtitle A, of the Code of

Federal Regulations, 7 CFR part 24.

Done in Washington, D.C., on April 20,

1995.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 95–10466 Filed 4–28–95; 8:45 am]

BILLING CODE 3410–08–P

Commodity Credit Corporation

7 CFR Part 1464

RIN 0560–AD91

Tobacco; Tobacco Loan Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Interim rule with request for

comments.

SUMMARY: The Federal Crop Insurance

Reform Act of 1994 (the 1994 Act), was

enacted on October 13, 1994, and

amended the Federal Crop Insurance

Act. The 1994 Act requires the Federal

Crop Insurance Corporation (FCIC) to

implement a catastrophic risk protection

plan of insurance which is the basic

level of coverage required to be

purchased by a producer in order to be

eligible for price support and other U.S.

Department of Agriculture farm program

benefits. The FCIC issued regulations in

the form of an interim rule published in

the Federal Register on Friday, January

6, 1995. The purpose of the immediate

rule is to amend tobacco loan program

regulations to reflect this new

requirement. This rule amends 7 CFR

part 1464. This rule requires that

producers purchase crop insurance in

order to be eligible for tobacco program

benefits. The insurance must be

acquired in accordance with FCIC rules

in an amount that equals or exceeds the

minimum amount set by FCIC.

DATES: Effective Date: May 1, 1995.

Comment Date: Comments must be

received on or before May 31, 1995 in

order to be assured of consideration.

ADDRESSES: Interested persons are

invited to submit written comments to

the Director, Tobacco and Peanuts

Division, Consolidated Farm Service

Agency (CFSA), United States

Department of Agriculture (USDA), P.O.

Box 2415, Washington, DC 20013–2415,

telephone 202–720–7413. All written

comments will be available for public

inspection in room 5750, South

Building, USDA, 14th St. and

Independence Avenue, SW.,

Washington, DC, between 8 a.m. and 5

p.m., Monday through Friday, except

holidays.

FOR FURTHER INFORMATION CONTACT:

Gary Wheeler, CFSA, at the address

listed under ADDRESSES, telephone 202–

720–7562.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule has been determined

to be not significant for purposes of

Executive Order 12866 and, therefore,

has not been reviewed by Office of

Management and Budget (OMB).

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this rule since the

Commodity Credit Corporation (CCC) is

not required by 5 USC 553 or any other

provision of law to publish a notice of

proposed rulemaking with respect to the

subject matter of this rule.

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

to which this rule applies are:

Commodity Loans and Purchases—

10.051.

Environmental Evaluation

It has been determined by an

environmental evaluation that this

action will have no significant impact

on quality of the human environment.

Therefore, neither an environmental

assessment nor an environmental

impact statement is needed.

Executive Order 12372

This program/activity is not subject to

the provisions of Executive Order 12372