[Federal Register Volume 61, Number 236 (Friday, December 6, 1996)]
[Rules and Regulations]
[Page 64601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31072]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 61, No. 236 / Friday, December 6, 1996 /
Rules and Regulations
[[Page 64601]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560-AE97
Dairy Indemnity Payment Program
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule.
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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 6, 1996.
FOR FURTHER INFORMATION CONTACT: Raellen Erickson, Agricultural Program
Specialist, Price Support Division, FSA, USDA, STOP 0512, P.O. Box
2415, Washington, D.C. 20013-2415, at (202) 720-7320.
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 12778
This rule has been reviewed pursuant to Executive Order 12778. 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 amendments to 7 CFR part 760 set forth in this final rule do
not contain additional information collections that require clearance
by the Office of Management and Budget under the provisions of 44
U.S.C. 35. Existing information collections were approved by OMB and
assigned OMB Control Number 0560-0116.
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, 1997, (the Act) Public Law
104-180, 110 Stat. 1569, 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 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 make a
technical amendment by adding a new authority pursuant to the Act, it
has been determined that no further public rulemaking is required.
Therefore, this final rule shall become effective upon date of
publication in the Federal Register.
List of Subjects in 7 CFR Part 760
Dairy products, Indemnity payments, Pesticides and pests.
Accordingly, the regulations at 7 CFR Part 760 are amended as
follows:
PART 760--INDEMNITY PAYMENT PROGRAMS
Subpart--Dairy Indemnity Payment Programs
The authority citation for Subpart Dairy Indemnity Payment Programs
is revised to read as follows:
Authority: Pub. L. 104-37, 109 Stat. 310; Pub. L. 104-180, 110
Stat. 1569.
Signed in Washington, DC, on November 21, 1996.
Bruce R. Weber,
Acting Administrator, Farm Service Agency.
[FR Doc. 96-31072 Filed 12-5-96; 8:45 am]
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