Dairy Indemnity Payment Program

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

[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 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