Dairy Indemnity Payment Program

DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 760

RIN 0560-AF-30

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 31, 1997.

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 RE[email protected].

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 information collections in 7 CFR part 760 will be published in

a separate Federal Register Notice with request for comments. A regular

submission of this information collection package will be forwarded to

OMB at the end of the 60-day comment period.

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, 1998 (``the Act''), Pub. L.

105-86, 111 Stat. 2079, 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

Secs. 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

revise the authority citation pursuant to the Act, it has been

determined that no further public rulemaking is required. 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.

Signed in Washington, DC, on December 22, 1997.

Keith Kelly,

Administrator, Farm Service Agency.

[FR Doc. 97-34032 Filed 12-30-97; 8:45 am]

BILLING CODE 3410-05-P