Emergency Livestock Assistance

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1475

RIN 0560-AD49

Emergency Livestock Assistance

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On November 29, 1993, the Commodity Credit Corporation (CCC)

issued an interim rule to the regulations for the livestock emergency

programs, which are authorized by the Agricultural Act of 1949 as

amended, and the CCC Charter Act. The interim rule, provided an amended

and simplified method for determining the value of livestock feed

needs. Other minor changes to update the regulations included changes

in weight ranges and an appropriate amount of energy required to

provide the daily maintenance needs for dairy goats; determining

pasture value; applying the $50,000 payment limitation to crop year

rather than calendar year; and calculating interest on refunds due CCC.

This rule adopts as final the interim rule published on November 29,

1993.

EFFECTIVE DATE: March 2, 1994.

FOR FURTHER INFORMATION CONTACT: James C. Williams, Program Specialist,

Emergency Operations and Livestock Programs Division, Agricultural

Stabilization and Conservation Service, United States Department of

Agriculture, P.O. Box 2415, Washington, DC 20013-2415, telephone 202-

690-1324.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule is issued in conformance with Executive Order

12866. Based on information complied by the Department, it has been

determined that this final rule:

(1) Would have an annual effect on the economy of less than $100

million;

(2) Would not adversely affect in a material way the economy, a

sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local, or tribal

governments or communities;

(3) Would not create a serious inconsistency or otherwise interfere

with an action taken or planned by another agency:

(4) Would not alter the budgetary impact of entitlements, grants,

user fees, or loan programs or rights and obligations of recipients

thereof; and

(5) Would not raise novel, legal, or policy issues arising out of

legal mandates, the President's priorities, or principles set forth in

Executive Order 12866.

Regulatory Flexibility Act

It has been determined that the Regulatory Flexibility Act is not

applicable to this final rule since the CCC is not required by 5 U.S.C.

553 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 not have a significant impact on the quality of the human

environment. Therefore, neither an Environmental Assessment nor an

Environmental Impact Statement is needed.

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: Commodity Loans and Purchases--10.051.

Executive Order 12778

This final rule has been reviewed in accordance with Executive

Order 12778. The provisions of the final rule do not preempt State laws

and are not retroactive to 1992 and prior crop years. Before any

judicial action may be brought regarding the provisions of this

regulation, the administrative appeal provisions set forth at 7 CFR

part 780 must be exhausted.

Executive Order 12372

This program/activity is not subject to the provisions of Executive

Order 12372, which requires intergovernmental consultation with State

and local officials. See notice related to 7 CFR part 3015, subpart V,

published at 48 FR 29115 (June 24, 1983).

Paperwork Reduction Act

The amendments to 7 CFR part 1475 set forth in this final rule will

not result in any change in the public reporting burden.

Background

An interim rule was published in the Federal Register on November

29, 1993, at 58 FR 62510 which amended 7 CFR part 1475 to provide for

administering CCC's livestock emergency programs.

The interim rule amended Sec. 1475.3 to modify the definition for

dairy cow ``weight ranges'' and to add a weight range for dairy goats

in the table.

The interim rule amended Sec. 1475.6:

(1) Paragraph (c), to change the reference from CCC-653 to CCC-651;

(2) Paragraph (e)(4), to clarify the manner in which pasture value

is actually calculated for 1991 and subsequent crop years;

(3) Paragraph (i)(1)(i)(A), to change the method for determining

the value of livestock feed needs; and

(4) Paragraph (i)(2)(iii), to correct a misprint in the Federal

Register.

The interim rule amended Sec. 1475.10(b) to clarify when the

emergency livestock feed program may be suspended or terminated in a

contiguous county.

The interim rule amended Sec. 1475.17(a), (c), and (g) to clarify

what type of interest will be charged on refunds to CCC.

The interim rule amended Sec. 1475.22 to change the payment

limitation from ``calendar'' year to ``crop'' year.

The interim rule provided for a 30-day public comment period which

ended on December 29, 1993. No comments were received during the

comment period.

Accordingly, under the authority of 7 U.S.C. 1427, and 1471-1471j

and 15 U.S.C. 7146 and 714c, the interim rule amending 7 CFR part 1475,

which was published at 58 FR 62510 on November 29, 1993, is adopted as

a final rule without change.

Signed at Washington, DC, on February 24, 1994.

Bruce R. Weber,

Executive Vice President, Commodity Credit Corporation.

[FR Doc. 94-4673 Filed 3-1-94; 8:45 am]

BILLING CODE 3410-05-P