Special programs: Dairy indemnity payment program,
[Federal Register: April 13, 1999 (Volume 64, Number 70)]
[Rules and Regulations]
[Page 17942-17943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap99-3]
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.
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. 99-9129Filed4-12-99; 8:45 am]
BILLING CODE 3410-05-P
