Skip to Content

Rule

General Administrative Regulations; Administrative Remedies for Non-Compliance; Correcting Amendments

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Federal Crop Insurance Corporation, USDA.

ACTION:

Final rule; correcting amendment.

SUMMARY:

This document contains correcting amendments to the final regulations that were published December 18, 2008 (73 FR 76868-76891). These regulations pertain to Administrative Remedies for Non-Compliance and provide clarification of existing remedies.

DATES:

Effective Date: March 19, 2009.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Cynthia Simpson, Director, Appeals, Litigation and Legal Liaison Staff, Risk Management Agency, United States Department of Agriculture, 1400 Independence Avenue, SW., Room 6603, Stop 0806, Washington, DC 20250, telephone (202) 720-0642.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject of these correcting amendments was intended to add additional administrative remedies that are available as a result of the enactment of section 515(h) of the Federal Crop Insurance Act (Act) (7 U.S.C. 1515(h)), make such other changes as are necessary to implement the provisions of section 515(h) of the Act, and to clarify existing administrative remedies.

Need for Corrections

As published, the final regulation contained an error that may prove to be misleading and needs to be clarified.

On page 73 FR 76891 in § 407.9 item 22(a)(1) and § 457.8 item 27(e)(1)(i) the term “requirement of this title” is incorrect and should read “requirement of FCIC.” Section 515(h) of the Act authorizes disqualification and the assessment of civil fine of persons who willfully and intentionally provide false or inaccurate information or fails to comply with a requirement of FCIC. The term “requirement of this title” is confusing and provides no reference to a specific requirement.

Start List of Subjects

List of Subjects in 7 CFR Parts 407 and 457

End List of Subjects Start Amendment Part

Accordingly, the

End Amendment Part Start Amendment Part

1. The authority citation for

End Amendment Part Start Authority

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

End Authority Start Part

PART 407—GROUP RISK PLAN OF INSURANCE REGULATIONS

End Part Start Amendment Part

2. In § 407.9 amend item 22 by revising paragraph (a)(1) to read as follows:

End Amendment Part
Group risk plan common policy.
* * * * *

22. Remedial Sanctions

* * * * *

(a) * * *

(1) The amount of the pecuniary gain obtained as a result of the false or inaccurate information provided or the noncompliance with a requirement of FCIC; or

* * * * *
Start Part

PART 457—COMMON CROP INSURANCE REGULATIONS

End Part Start Amendment Part

3. In § 457.8 amend item 27 by revising paragraph (e)(1)(i) to read as follows:

End Amendment Part
The application and policy.
* * * * *

27. Concealment, Misrepresentation or Fraud.

* * * * *

(e) * * *

(1) * * *

(i) The amount of the pecuniary gain obtained as a result of the false or inaccurate information provided or the noncompliance with a requirement of FCIC; or

* * * * *
Start Signature

Signed in Washington, DC, on March 11, 2009.

William J. Murphy,

Acting Manager, Federal Crop Insurance Corporation.

End Signature End Supplemental Information

[FR Doc. E9-5793 Filed 3-18-09; 8:45 am]

BILLING CODE 3410-08-P