[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Rules and Regulations]
[Page 68142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34032]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560-AF-30
Dairy Indemnity Payment Program
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the authority citation for the Dairy
Indemnity Payment Program (DIPP) regulations to cover the expenditure
of additional funds that were recently appropriated. The DIPP
indemnifies dairy farmers and manufacturers for losses suffered with
respect to milk and milk products, through no fault of their own.
EFFECTIVE DATE: December 31, 1997.
FOR FURTHER INFORMATION CONTACT: Raellen Erickson, Agricultural Program
Specialist, Price Support Division, FSA, USDA, STOP 0512, 1400
Independence Avenue, SW, Washington, DC 20250-0512; telephone (202)
720-7320; e-mail address is RErickso@wdc.fsa.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
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 Dairy Indemnity Payments, Number 10.053.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this final rule because the Farm Service Agency is not
required by 5 U.S.C. 533 or any other provision of law to publish a
notice of proposed rulemaking with respect to the subject matter of
these determinations.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will have no significant impact on the quality of the human
environment. Therefore, neither an environmental assessment nor an
Environmental Impact Statement is needed.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which requires 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).
Executive Order 12988
This rule has been reviewed pursuant to Executive Order 12988. To
the extent State and local laws are in conflict with these regulatory
provisions, it is the intent of CCC that the terms of the regulations
prevail. The provisions of this rule are not retroactive. Prior to any
judicial action in a court of competent jurisdiction, administrative
review under 7 CFR part 780 must be exhausted.
Paperwork Reduction Act
The information collections in 7 CFR part 760 will be published in
a separate Federal Register Notice with request for comments. A regular
submission of this information collection package will be forwarded to
OMB at the end of the 60-day comment period.
Background
The DIPP was originally authorized by section 331 of the Economic
Opportunity Act of 1964. The statutory authority for the program was
extended several times. Most recently, funds were appropriated for this
program by the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Act, 1998 (``the Act''), Pub. L.
105-86, 111 Stat. 2079, which authorizes the program to be carried out
until the funds appropriated under the Act are expended. The objective
of DIPP is to indemnify dairy farmers and manufacturers of dairy
products who, through no fault of their own, suffer income losses with
respect to milk or milk products removed from commercial markets
because such milk or milk products contain certain harmful residues. In
addition, dairy farmers can also be indemnified for income losses with
respect to milk required to be removed from commercial markets due to
residues of chemicals or toxic substances or contamination by nuclear
radiation or fallout.
The regulations governing the program are set forth at 7 CFR
Secs. 760.1-760.34. This final rule makes no changes in the provisions
of the regulations. Since the only purpose of this final rule is to
revise the authority citation pursuant to the Act, it has been
determined that no further public rulemaking is required. Therefore,
this final rule shall become effective upon the date of publication in
the Federal Register.
List of Subjects in 7 CFR Part 760
Dairy products, Indemnity payments, Pesticides and pests.
Accordingly, 7 CFR Part 760 is amended as follows:
PART 760--INDEMNITY PAYMENT PROGRAMS
Subpart--Dairy Indemnity Payment Program
The authority citation for Subpart--Dairy Indemnity Payment Program
is revised to read as follows:
Authority: Dairy Indemnity Program, Pub. L. 105-86, 111 Stat.
2079.
Signed in Washington, DC, on December 22, 1997.
Keith Kelly,
Administrator, Farm Service Agency.
[FR Doc. 97-34032 Filed 12-30-97; 8:45 am]
BILLING CODE 3410-05-P
