[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
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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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