[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Rules and Regulations]
[Pages 18485-18486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9460]
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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. 82 / Friday, April 26, 1996 / Rules
and Regulations
[[Page 18485]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560-AE57
Dairy Indemnity Payment Program
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The authority to operate the Diary Indemnity Payment Program
(DIPP) is contingent upon the appropriation of funds. Funds were
recently appropriated. This rule extends the authority to operate this
program until the funds are expended.
The DIPP indemnifies dairy farmers and manufacurers for losses
suffered with respect to milk and milk products, through no fault of
their own.
EFFECTIVE DATE: April 26, 1996.
FOR FURTHER INFORMATION CONTACT: Raellen Erickson, Agricultural Program
Specialist, Price Support Division, FSA, USDA, Ag Box 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. chapter 35. Existing information collections were approved by
OMB and assigned OMB Control Number 0560-0116.
Background
The Dairy Indemnity Payment Program 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
Appropriations Act, 1996 (``the Act''), P.L. 104-37, 109 Stat. 310,
which authorizes the program to be carried out until all available
funds have been expended. The objective of the program 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 (7 CFR 760.1-760.34) authorized the
operation of the program through September 30, 1995. Because the Act
mandates that the program be carried out until the appropriated funds
are expended, the ending date for the program is being deleted from the
regulation. The beginning dates for the program are also being deleted
since they are no longer necessary. Since the only purpose of this
final rule is to make a technical amendment to the regulations to
extend the Dairy Indemnity Payment Program in order to conform to the
statute, it has been determined that no further public rulemaking is
required. Therefore, these regulations 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:
Subpart Dairy Indemnity Payment Program
1. The authority citation for this subpart is revised to read as
follows:
Authority: Dairy Indemnity Program, P.L. 104-37, 109 Stat. 310.
2. Section 760.2 is amended by revising paragraphs (k)(1), (2), (l)
and (o) to read as follows:
Sec. 760.2 Definitions.
* * * * *
(k) * * *
(1) Pursuant to the direction of a public agency because of the
detection of pesticide residues in such whole milk by tests made by a
public agency or under a testing program deemed adequate for the
purpose by a public agency, or
[[Page 18486]]
(2) Pursuant to the direction of a public agency because of the
detection of other residues of chemicals or toxic substances residues,
or contamination from nuclear radiation or fallout in such whole milk
by tests made by a public agency or under a testing program deemed
adequate for the purpose by a public agency.
(l) Affected manufacturer means a person who manufactures dairy
products which are removed from the commercial market pursuant to the
direction of a public agency because of the detection of pesticide
residue in such dairy products by tests made by a public agency or
under a testing program deemed adequate for the purpose by a public
agency.
* * * * *
(o) Application period means any period during which an affected
farmer's whole milk is removed from the commercial market pursuant to
direction of a public agency for a reason specified in paragraph (k) of
this section and for which application for payment is made.
* * * * *
Signed in Washington, DC, on April 11, 1996.
Bruce R. Weber,
Acting Administrator, Farm Service Agency.
[FR Doc. 96-9460 Filed 4-25-96; 8:45 am]
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