Title 7 -- Agriculture
Crop Insurance Corporation,
Department of Agriculture
PART 400--General Administrative Regulations
Subpart X--Interpretations of Statutory and Regulatory
Sec. 400.765 Basis and applicability.
(Source: 63 FR 70313, Dec. 21, 1998, unless otherwise noted.)
(a) The regulations contained in this subpart prescribe the
rules and criteria for obtaining a final agency determination
of the interpretation of any provision of the Act or the regulations
(b) Requesters may seek interpretations of those provisions of
the Act and the regulations promulgated thereunder that are in
effect for the crop year in which the request under this subpart
is being made and
the three previous crop years.
(c) All final agency determinations issued by FCIC, and published
in accordance with Sec. 400.768(f), will be binding on all participants
in the Federal crop insurance program.
Sec. 400.766 Definitions.
- Act. The Federal Crop Insurance Act, 7 U.S.C. 1501
FCIC. The Federal Crop Insurance Corporation, a wholly
owned government corporation within the United States Department
Participant. Any applicant for crop insurance, a producer
with a valid crop insurance policy, or a private insurance company
with a reinsurance agreement with FCIC or their agents, loss
adjusters, employees or contractors.
Regulations. All provisions contained in 7 CFR chapter
(a) All requests for a final agency determination under this
(1) Be submitted, in writing by certified mail to the Associate
Administrator, Risk Management Agency, United States Department
of Agriculture, Stop Code 0801, 1400 Independence Avenue, SW.,
Washington, DC 20250-0801, facsimile at (202) 690-5879 or by
electronic mail at RMA533@rma.usda.gov;
(2) State that it is being submitted under section 506(r) of
(3) Identify and quote the specific provision in the Act or regulations
for which a final agency determination is requested;
(4) State the crop year for which the interpretation is sought;
(5) State the name, address, and telephone number of a contact
person affiliated with the request; and
(6) Contain the requester's detailed interpretation of the regulation.
(b) The requestor must advise FCIC if the request for a final
agency determination will be used in a lawsuit or the settlement
of a claim.
(c) Each request for final agency determination under this subpart
must contain no more than one request for an agency interpretation.
Sec. 400.768 FCIC obligations.
(a) FCIC will not interpret any specific factual situation
or case, such as actions of any participant under the terms of
a policy or any reinsurance agreement.
(b) If, in the sole judgement of FCIC, the request is unclear,
ambiguous, or incomplete, FCIC will not provide an interpretation,
but will notify the requester that the request is unclear, ambiguous
or incomplete, within 30 days of such request.
(c) FCIC will provide a final determination of the interpretation
to a request that meets all the conditions stated herein to the
requester in writing, and at FCIC's discretion in the format
in which it was received, within 90 days of the date of receipt
(d) If a requestor is notified that a request is unclear, ambiguous
or incomplete under section 400.768(b), the time to respond will
be tolled from the date FCIC notifies the requestor until the
date that FCIC receives a clear, complete, and unambiguous request.
(e) If a response is not provided within 90 days, the requestor
may assume the interpretation provided is correct for the applicable
(f) All agency final determinations will be published by FCIC
as specially numbered documents on the RMA Internet website.
(g) All final agency determinations are considered matters of
general applicability that are not appealable to the National
Appeals Division. Before obtaining judicial review of any final
agency determination, the person must obtain an administratively
final determination from the Director of the National Appeals
division on the issue of whether the final agency determination
is a matter of general applicability.
[Code of Federal Regulations]
[Title 7, Volume 6, Parts 400 to 699]
[Revised as of January 1, 2000]
From the U.S. Government Printing Office via GPO Access