What Are Final Agency Determinations (FADs) and FCIC Interpretations?
Final Agency Determinations
Final agency determinations are interpretations of crop insurance policy provisions in the Federal Crop Insurance Act or any regulation codified in the Code of Federal Regulations, including certain policy provisions, which are applicable to all participants in the Federal crop insurance program and the appeals process.
FCIC Interpretations
FCIC interpretations are interpretations of crop insurance policy provisions not codified in the Code of Federal Regulations or any procedure used in the administration of the Federal crop insurance program.
How Do I Request a Final Agency Determination (FAD) or FCIC Interpretation?
You may submit a request for a FAD or FCIC interpretation:
- In writing by certified mail or overnight delivery, to the Deputy Administrator, Risk Management Agency, Risk Management Agency, United States Department of Agriculture, Mail Stop 0801, P.O. Box 419205, Kansas City, MO 64141-6205;
- By email at subpartx@rma.usda.gov
What Information Should I Include in My Request for a Final Agency Determination (FAD) or FCIC Interpretation?
Requests must fulfill the Requestor Obligations in Subpart X § 400.767 for FCIC to respond.
All requests for a final agency determination or FCIC interpretation must:
- State whether you are seeking a FAD or FCIC Interpretation.
- Identify and quote the specific provision in the Act, regulations, procedure, or policy provision for which you are requesting a FAD or FCIC Interpretation.
- Contain only one request for an interpretation. You must make separate requests for each provision if more than one provision is at issue.
- State the Crop.
- State the Crop Year(s).
- Note: The crop year requested must have been in effect during the four most recent crop years from the crop year in which you submit your request. For example, it is currently the 2022 crop year for most crops, FCIC will provide interpretations for the 2019 through 2022 crop years for such crops. For those crops that are in the 2023 crop year (for example, macadamia nut policies), FCIC will provide interpretations for the 2020 through 2023 crop years.
- State the Plan of insurance applicable to the request.
- State your name, address, and telephone number.
- If applicable, state the name, address, telephone number, and if applicable, fax number, or email address of a contact person for the counterparty to the dispute.
- Contain your detailed interpretation of the specific provision.
- Not contain any specific facts, alleged conduct, or hypothetical situations.
- Identify the type of proceeding (judicial review, mediation, or arbitration), and the date the proceeding is scheduled to begin, or the earliest possible date the proceeding would likely start.
- You must send the request no later than 90 days before the mediation, arbitration, or litigation proceeding start date to ensure RMA has time to respond before your proceeding. If the rules of the court, mediation, or arbitration require the interpretation before the proceeding begins, add 90 days to the number of days required before the proceeding. For example, if a court requires the interpretation 20 days before the date the proceeding begins, you must submit the request 110 days before the proceeding is scheduled to start.
- Note: The exception being the parties elect to use the expedited review process available under the AAA rules or the appeal is before the National Appeals Division (NAD).
How Will FCIC Handle My Request for a Final Agency Determination (FAD) or FCIC Interpretation?
- Requests are processed by RMA on behalf of FCIC.
- It is important to be clear, complete, and not include factual situations or hypothetical cases in your request. If FCIC determines that a request is unclear, ambiguous, or incomplete, we cannot process it. However, we will notify you within 30 days of the day we receive your request and the reason(s) that we are unable to provide an interpretation.
- FCIC will give you an opportunity to submit a more detailed and complete inquiry. Once we receive a complete request that meets all the information requirements, we will begin processing it.
- A response with FCIC’s interpretation will be provided to you in writing within 90 days of the date FCIC receives the request. If your request is incomplete, the 90-day time-period for FCIC to provide a response is stopped on the date FCIC notifies you. On the date FCIC receives a clear, complete, and unambiguous request, FCIC has the balance of the days remaining in the 90-day time-period to provide a response to you.
- If FCIC does not provide a response within 90 days of receipt of your request, you may assume your interpretation is correct for the applicable crop year. However, your interpretation shall not be considered generally applicable and shall not be binding on any other program participants. Additionally, in the case of a joint request for a final agency determination or a FCIC interpretation, if FCIC does not provide a response within 90 days, neither party may assume their interpretations are correct.
- FCIC may send the response to the requestor through regular mail or by e-mail message.
- Final agency determinations (FADs) are published on the RMA website.
- FCIC interpretations are not published on the RMA website, but a letter with the FCIC interpretation will be sent to you.
What if I Disagree with a Final Agency Determinations (FADs) or FCIC Interpretation?
Final Agency Determinations
- Final agency determinations are binding on all participants in the Federal crop insurance program. You are considered a participant if you have applied for crop insurance or are a producer with a valid crop insurance policy. Private insurance companies with reinsurance agreement with RMA, and their agents, loss adjustors, employees, and contractors are also considered participants.
- Because all final agency determinations are considered matters of general program applicability, they are not appealable to the U.S. Department of Agriculture's National Appeals Division (NAD). Anyone who wants to challenge a particular final determination must receive an administrative decision from the NAD Director regarding whether the final determination is generally applicable before they seek judicial review.
FCIC Interpretations
- FCIC interpretations are only applicable to the parties in the dispute. If you disagree with an FCIC interpretation, you may request an administrative review and file in accordance with 7 CFR part 400, subpart J. If you seek an administrative review from FCIC, your request must be submitted in accordance with § 400.767(a).
What is the Legal History of Final Agency Determinations (FADs) and FCIC Interpretations?
- A 1998 law (the Agricultural Research, Extension, and Education Reform Act of 1998) required FCIC to set up a system to respond within 90 days to requests for final agency determination of any portion of the Federal Crop Insurance Act or any regulation made under the Federal Crop Insurance Act. In response, FCIC created a process to handle these requests, and created "Subpart X"—a new section within the Federal Crop Insurance Corporation's general administrative regulations.
- In 2018, FCIC revised the Subpart X regulation to incorporate interpretations of policy provisions that are not codified in the Code of Federal Regulations, previously administered in accordance with Manager’s Bulletin MGR-05-018. The purpose of the 2018 changes is to provide requestors with information on how to request any interpretation, whether the provision was codified or not, within one administrative regulation and bring consistency and clarity to the processes used.
- FCIC will not provide an interpretation for any request that contains factual or hypothetical situations. FCIC will not interpret the actions of individual producers or insurance companies under the terms of their crop insurance policies, procedure, or reinsurance agreements with FCIC.
- The Risk Management Agency (RMA) will process and respond to requests for final agency determinations and interpretations of policy provisions not codified in the Code of Federal Regulations and procedures on behalf of FCIC.