[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Rules and Regulations]
[Pages 17942-17943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9129]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560-AF66
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 for milk and manufacturers of dairy products
who have been directed to remove their milk or dairy products from
commercial markets because of the presence of certain specified forms
of contamination.
EFFECTIVE DATE: April 13, 1999.
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
raellen__erickson@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 amendment to 7 CFR part 760 set forth in this final rule does
not contain additional information collections that require clearance
by the Office of Management and Budget under the provisions of 44
U.S.C. chapter 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, Pub. L. 88-452. The statutory authority for
the program has been amended and extended several times. Funds were
appropriated for DIPP by the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Act, 1998 (``the 1998 Act''),
Pub. L. 105-86, 111 Stat. 2079, which authorizes the program until the
$550,000 in funds appropriated under that act are expended. More
recently, funds were appropriated for this program by the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1999 (``the 1999 Act''), Pub. L. 105-277, 112 Stat.
2681, which authorizes the program to be carried out until the $450,000
in funds appropriated under the 1999 Act are expended. Not all the
funds appropriated under the 1998 Act have been expended and the
remaining funds are still available in addition to the funds
appropriated under the 1999 Act.
The objective of DIPP is to indemnify dairy farmers for milk and
manufacturers of dairy products who have been directed to remove their
milk or dairy products from commercial markets because such milk or
dairy products contain certain harmful chemical residues. In addition,
the DIPP also indemnifies dairy farmers who have been directed to
remove milk from commercial markets due to residues of certain other
chemicals or toxic substances, or contamination by nuclear radiation or
fallout.
The regulations governing the program are set forth at 7 CFR part
760. This final rule makes no changes in the substantive provisions of
the regulations. Because the only purpose of this final rule is to
revise the authority citation to include the reference to the 1999 Act,
it has been determined that no further public rulemaking is required.
In addition, section 1133 of the 1999 Act provides statutory authority
to issue final regulations without a notice and comment period.
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 and Pub. L. 105-277, 112 Stat. 2681.
[[Page 17943]]
Signed in Washington, DC, on March 30, 1999.
Parks Shackelford,
Acting Administrator, Farm Service Agency.
[FR Doc. 99-9129 Filed 4-12-99; 8:45 am]
BILLING CODE 3410-05-P
