[Federal Register Volume 62, Number 14 (Wednesday, January 22, 1997)]
[Rules and Regulations]
[Pages 3195-3197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1523]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1439

RIN 0560-AF11


Disaster Reserve Assistance Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Interim rule.

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SUMMARY: The Commodity Credit Corporation (CCC) is announcing the 
availability of assistance under the Disaster Reserve Assistance 
Program to relieve the distress of livestock producers whose production 
of livestock feed has been adversely affected by natural disasters.

DATES: Interim rule effective January 10, 1997. Comments on this rule 
must be received on or before February 21, 1997. Comments on the 
information collection must be received on or before March 24, 1997.

ADDRESSES: Comments may be mailed to the Director, Emergency and 
Noninsured Assistance Program Division, Farm Service Agency (FSA), U.S. 
Department of Agriculture, STOP 0527, P.O. Box 2415, Washington, DC. 
20013-2415.

FOR FURTHER INFORMATION CONTACT: Leona Dittus, Director, Emergency and 
Noninsured Assistance Program Division, Farm Service Agency, United 
States Department of Agriculture, STOP 0526, P.O. Box 2415, Washington, 
DC 20013-2415, 202- 720-3168.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This interim rule is issued in conformance with Executive Order 
12866 and has been determined to be significant and has been reviewed 
by the Office of Management and Budget.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule because the CCC is not required by 5 U.S.C. 553 
or any other provision of law to publish a

[[Page 3196]]

notice of proposed rulemaking with respect to the subject matter of 
this rule.

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 12778

    The interim rule has been reviewed in accordance with Executive 
Order 12778. The provisions of this interim rule preempt State laws to 
the extent such laws are inconsistent with the provisions of this rule. 
The provisions of this rule are retroactive to January 10, 1997. Before 
any judicial action may be brought concerning the provisions of this 
rule, the administrative remedies must be exhausted.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which require 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).

Unfunded Mandates

    The provisions of the Unfunded Mandates Reform Act of 1995 are not 
applicable to this rule because 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 this rule.

Small Business Regulatory Enforcement Fairness Act of 1996

    Due to the extreme weather conditions and the need for immediate 
action, CCC has determined that, pursuant to section 808 of the Small 
Business Regulatory Enforcement Fairness Act of 1996, it is 
impracticable, unnecessary and contrary to the public interest to 
require this rule to conform to the requirements of section 801 of that 
Act. Accordingly, this rule is effective January 10, 1997.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, CCC will 
submit an emergency information collection request (ICR) to OMB for the 
approval of the Disaster Reserve Assistance Program reports as 
necessary for the proper functioning of the program.
    Title: Emergency Livestock Feed Assistance and Disaster Reserve 
Assistance Program.
    OMB Control Number: 0560-0029.
    Type of Request: Reinstatement, with change, of previously approved 
collection for which approval has expired.
    Abstract: The information collected under Office of Management and 
Budget (OMB) Number 0560-0029, as identified above, is needed to enable 
the CCC to effectively administer the Disaster Reserve Assistance 
Program.
    The CCC requires some of the information it collects to be reported 
in a standard manner. Although other institutions, public and private, 
generally require and collect information similar to that requested by 
CCC, there is a wide diversity in reporting practices.
    Respondents generally consist of livestock owners applying for 
emergency livestock feed assistance. Compliance with local, State, and 
Federal laws is required, and evidence of compliance with these laws 
may be required.
    The information collection required by this rule will be used by 
the CCC to approve or determine the eligibility and amount of 
assistance in accordance with this rule. The CCC considers the 
information collected to be essential to prudent eligibility and 
assistance determinations. Failure to make sound decisions in providing 
emergency livestock feed assistance would result in large losses to 
both the livestock owners and the Government, and weaken the overall 
agricultural economy.
    Estimate of Burden: Public reporting burden for this information 
collections estimated to average .21 hours per response.
    Respondents: Livestock owners.
    Estimated Number of Respondents: 60,000.
    Estimated Number of Responses per Respondents: 6.35.
    Estimated Total Annual Burden on Respondents: 381,000 hours.
    Topics for comments include: (a) whether the collection of 
information is necessary for the proper performance of the functions of 
the CCC, including whether the information will have practical utility; 
(b) the accuracy of the CCC's estimate of burden including the validity 
of the methodology and assumptions used; (c) ways to enhance the 
quality, utility and clarity of the information to be collected; and 
(d) ways to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology. Comments should be sent to the 
Desk Officer for Agriculture, Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, D.C. 20503 and to 
Leona Dittus, Director, Emergency and Noninsured Assistance Program 
Division, FSA, USDA, STOP 0527, P.O. Box 2415, Washington, D.C. 20013-
2415, (202) 720-3168. Copies of the information collection may be 
obtained from Leona Dittus at the above address.
    OMB is required to make a decision concerning the collection(s) of 
information contained in these interim regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department of Agriculture 
on any substantive DRAP regulations that may be the subject of other 
notices.
    All responses will be summarized and included in the request for 
OMB approval. All comments will also become a matter of public record.

Executive Order 12612

    It has been determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment. The provisions contained in this rule will not have a 
substantial direct effect on States or their political subdivisions, or 
on the distribution of power and responsibilities among the various 
levels of government.

Federal Assistance Programs

    This program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.452.

Background

    Pursuant to the authority set forth in section 813(c) of the 
Agricultural Act of 1970, as amended, it has been determined that:
    1. Severe and prolonged natural disasters adversely affecting 
livestock producers across the country warrant implementing a Disaster 
Reserve Assistance Program to alleviate the distress caused by natural 
disaster conditions.
    2. A notice published on October 29, 1996 (61 FR 55783) explained 
how provisions of 7 CFR part 1439 will apply to the Disaster Reserve 
Assistance Program. Contrary to the October 29, 1996, notice, sections 
1439.401 through 403 will be applicable with the following revision.
    3. This rule will amend part 1439 to provide assistance for feed 
losses in crop year 1996, for losses occurring

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because of snow and freezing conditions. For Disaster Reserve 
Assistance Program applications made after January 10, 1997, assistance 
may be made available with respect to livestock feed losses occurring 
because of snow and freezing conditions. Such assistance shall be made 
without regard to the livestock being commingled, stranded, or the 
identity of ownership of the livestock and may be either donated CCC-
inventory, donated hay, or a direct payment. Accordingly, 7 CFR 
1439.402(a) is amended by adding the following: ``For applications made 
in 1997, assistance for feed loss or inaccessibility may be made 
without respect to the livestock being commingled, stranded, and 
unidentified as to the livestock owner. Such losses must occur during 
the 1996 crop year because of snow or freezing conditions where an 
emergency declaration has been made by the President and while 
emergency snow conditions exist as determined by DAFP''.
    4. Based on the determinations made in the Federal Register notice 
of October 29, 1996, the Disaster Reserve Assistance Program is 
authorized for 1996 crop year livestock feed losses or inaccessibility 
for livestock owners who are determined eligible. Program payments will 
be contingent on the availability of CCC funds.
    Accordingly, 7 CFR part 1439 is amended as follows:

PART 1439--EMERGENCY LIVESTOCK ASSISTANCE

    1. The authority citation continues to read as follows:

    Authority: 15 U.S.C. 714b and 714c, 7 U.S.C. 1427 and 1471j.

    2. Section 1439.402(a) is revised to read as follows:


Sec. 1439.402  Assistance.

    (a) Assistance is for eligible livestock that are commingled, 
stranded, and unidentified as to the livestock owner. For applications 
made in 1997, assistance for feed loss or inaccessibility may be made 
without respect to the livestock being commingled, stranded, and 
unidentified as to the livestock owner. Such losses must occur during 
the 1996 crop year because of snow or freezing conditions where a 
emergency declaration has been made by the President and while 
emergency snow conditions exist as determined by DAFP.
* * * * *
    Signed at Washington, DC, on January 16, 1997.
Grant Buntrock,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 97-1523 Filed 1-16-97; 3:15 pm]
BILLING CODE 3410-05-P