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[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Rules and Regulations]               
[Page 11643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr09-2]                         

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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 400, 407, 457

RIN 0563-AB73

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

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule; correcting amendment.

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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.

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.

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 Sec.  407.9 item 22(a)(1) and Sec.  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.

List of Subjects in 7 CFR Parts 407 and 457

    Administrative practice and procedures; Administrative remedies for 
non-compliance.

0
Accordingly, the 7 CFR part 407 and 457 is amended as follows:
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1. The authority citation for 7 CFR part 407 and 457 is revised to read 
as follows:

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

PART 407--GROUP RISK PLAN OF INSURANCE REGULATIONS

0
2. In Sec.  407.9 amend item 22 by revising paragraph (a)(1) to read as 
follows:

Sec.  407.9  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
* * * * *

PART 457--COMMON CROP INSURANCE REGULATIONS

0
3. In Sec.  457.8 amend item 27 by revising paragraph (e)(1)(i) to read 
as follows:

Sec.  457.8  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
* * * * *

    Signed in Washington, DC, on March 11, 2009.
William J. Murphy,
Acting Manager, Federal Crop Insurance Corporation.
 [FR Doc. E9-5793 Filed 3-18-09; 8:45 am]

BILLING CODE 3410-08-P

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