[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44391-44393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22128]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 /
Rules and Regulations
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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: Final rule.
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SUMMARY: The Commodity Credit Corporation (CCC) published an interim
rule in the Federal Register (62 FR 3195) on January 22, 1997, to
announce the availability of assistance under the Disaster Reserve
Assistance Program (DRAP). The assistance was for livestock producers
whose production of livestock feed was adversely affected by severe
winter disaster conditions. Authority for the program is set forth in
section 813 of the Agricultural Act of 1970, as amended. This final
rule adopts the interim rule with modifications that became necessary
during the administration of the program due to circumstances
unforeseen at the time the interim rule was written, but which became
necessary because of the severity of the disaster.
EFFECTIVE DATE: August 21, 1997.
FOR FURTHER INFORMATION CONTACT: Chris Niedermayer, Acting Director,
Emergency and Noninsured Assistance Program Division, Farm Service
Agency (FSA), United States Department of Agriculture, STOP 0526, 1400
Independence Avenue, SW, Washington, D.C. 20250-0526, telephone (202)
720-6635.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final 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 neither FSA nor the CCC is 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.
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 12988
The final rule has been reviewed in accordance with Executive Order
12988. The provisions of this final 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 neither FSA nor CCC is required by 5
U.S.C. 553 or any other provision of the law to publish a notice of
proposed rulemaking with respect to the subject matter of this rule.
Paperwork Reduction Act
The amendments to 7 CFR 1439 set forth in this final rule have been
approved by OMB under an emergency submission of 0560-0029. An
information collection notice was published in the Federal Register (62
FR 3195) on January 22, 1997. No comments were received regarding
information collections. A regular submission of information collection
will be provided to OMB before July 31, 1997.
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 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 additional
provisions of DRAP to alleviate the distress caused by the natural
disaster conditions and unforeseen consequences brought on by the
severity of the natural disasters.
2. An interim rule published on January 22, 1997, (62 FR 3195)
amended part 1439 to provide assistance for feed losses in crop year
1996, occurring because of snow and freezing conditions. Consequently,
in implementing these regulations CCC made several changes in the
program due to the severity of the natural disaster conditions.
Presidential Disaster Declarations M1156 and M1157 were issued for all
counties in North Dakota and South Dakota; therefore, all livestock
producers in these States who met all eligibility requirements, as
determined by the Deputy Administrator for Farm Programs (DAFP), and
timely filed requests, were eligible for assistance under the herein
contained Emergency Feed Grain Donation Program (EFGDP). Subsequently,
DAFP determined that livestock producers in North Dakota, South Dakota,
and in the Minnesota counties designated as primary counties in
Presidential Disaster Declaration M1158 who met all eligibility
requirements, as determined by DAFP, and timely filed requests, were
eligible for assistance under the herein
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contained Foundation Livestock Relief Program (FLRP). The interim rule
did not specify that producers in counties contiguous to primary
counties where an emergency declaration was made by the President would
be eligible for assistance under EFGDP and FLRP. Inadvertently, the
following counties contiguous to the States of North Dakota and South
Dakota were erroneously included as being eligible for FLRP: Lyon,
Plymouth, Sioux, and Woodbury Counties in Iowa; Carter, Fallon,
Richland, Roosevelt, Sheridan, and Wibaux Counties in Montana; Boyd,
Cedar, Cherry, Dakota, Dawes, Dixon, Keya Paha, Sheridan, and Sioux
Counties in Nebraska; and Crook, Niobrara, and Weston Counties in
Wyoming. Applications for FLRP assistance were accepted in the
aforementioned contiguous counties through February 25, 1997. FSA
determined that withdrawal of its offer to provide cost share
assistance after the final date for submitting an application would not
be in the best interest of the public because producers in the
erroneously approved counties would have already made previous
commitments. Accordingly, FSA elected to grant relief in accordance
with 7 U.S.C. 1339a on the basis of ``misaction'' by the Agency.
This final rule adopts the interim rule, with some modifications
and additions. The comments received and CCC responses are as follows:
Comment: Sec. 402(a) One comment received from a national livestock
association recommended that:
(1) The Secretary of Agriculture should have the authority to
delineate the areas of the U.S. that are eligible for the DRAP.
(2) Producers who qualify for the DRAP should be allowed to use the
funds for snow removal, clearing of flood related debris, removal of
mud, repair and maintenance of farm roads, rebuilding of fences due to
high water or snow, purchase of hay and high protein feed supplements
and minerals, and maintenance and continued usage of water supplies of
adequate quality and quantities.
(3) Producers be reimbursed whether they remove the disaster
related snow, mud and/or debris themselves, or they use an outside
contractor.
Response: (1) Authorization for the program was limited to the 1996
crop year, allowing USDA to provide assistance for feed loss or
inaccessibility as a result of snow or freezing conditions where an
emergency declaration has been made by the President. DAFP believes it
is not prudent to seek legislative change to allow the Secretary
authority to delineate the areas of the U.S. eligible for DRAP as the
terms of the program have already expired. (2) Under Sec. 1439.602(b),
assistance is provided as reimbursement for expenses relating to
transportation assistance on or after January 10, 1997, specifically
related to providing access to existing feed supplies or to the
livestock and reimbursement for expenses relating to eligible livestock
feed purchased on or after January 10, 1997, and donation of CCC-owned
feed grains. There is no restriction on how the livestock owner uses
the reimbursed funds. However, according to Sec. 1439.8, CCC-owned feed
grains obtained under this part shall not be exchanged for any
ingredients, services, cash, credit, or any other thing of value. (3)
Under Sec. 1439.602(f), maximum assistance for snow removal is limited
to the lesser of the actual cost to move snow to gain access to the
available feed or stranded livestock, or the monetary value of
multiplying the number of livestock, by type and weight range, by the
allowance per day in pounds of corn, as determined by CCC, by $0.05 per
pound, by a feeding period of 15 days. There is no restriction on
whether the livestock owner or a contractor removes the snow.
3. This rule will modify part 1439 to add sections 1439.601 and
1439.602 and 1439.701 and 1439.702. These sections set out program
regulations for EFGDP and FLRP.
4. Based on the above determinations, the EFGDP and the FLRP are
authorized for the 1996 livestock feed crop year for livestock owners
who are determined eligible. Program payments will be contingent on the
availability of CCC funds.
List of Subjects in 7 CFR part 1439
Animal feeds, Disaster assistance, Livestock.
Accordingly, for the reasons set forth in the Preamble, the interim
rule published on January 22, 1997, (62 FR 3195) is adopted as final
with changes, as set forth below.
PART 1439--EMERGENCY ASSISTANCE PROGRAMS
1. The authority citation for part 1439 continues to read as
follows:
Authority: 15 U.S.C. 714b and 714c and 7 U.S.C. 1427a.
2. In section 1439.402, paragraph (a) is revised to read as
follows:
Sec. 1439.402 Assistance
(a) Assistance is for eligible livestock which are commingled,
stranded, and unidentified as to the livestock owner.
* * * * *
3. Sections 1439.601 and 602 are added as follows:
Subpart--Emergency Feed Grain Donation Program (EFGDP)
Sec. 1439.601 General statement.
(a)(1) This subpart sets forth the terms and conditions of the
EFGDP. This program may be authorized only for livestock owners in a
State or county, by the Deputy Administrator for Farm Programs (DAFP),
Farm Service Agency (FSA), upon a determination that a sudden livestock
feed emergency exists and a Presidential disaster declaration has been
issued for such a State or county as a result of snow and freezing and
related conditions. Under the program, CCC will provide to the
livestock owner whose access to livestock and normal livestock feed
supplies was adversely affected by natural disasters either or both of
the following:
(i) Reimbursement for expenses relating to eligible livestock feed
purchases and transportation assistance;
(ii) CCC-owned feed grains on a donation basis.
(2) Assistance may be given to other persons or entities (public
and private), who certify that the eligible livestock were, or are, in
danger of perishing without their immediate assistance. This program
shall terminate at the conclusion of the 1996 livestock feed crop year.
(b) The EFGDP is authorized for the 1996 livestock feed crop year
when both of the following apply:
(1) The FSA State committee determines and documents a livestock
feed emergency on a county by county basis, when the danger of eligible
livestock perishing as a result of snow and freezing and related
conditions exists in the county, and
(2) The livestock owner, or other person or entities (public or
private) certify that the eligible livestock were, or are, in danger of
perishing without immediate assistance and that normal livestock feed
supplies were, or are, inaccessible.
Sec. 1439.602 Assistance.
(a) Assistance is for eligible livestock which are in danger of
perishing without immediate assistance. Eligible livestock includes
beef and dairy cattle; buffalo and beefalo; equine animals, including
horses, mules, donkeys; sheep; goats; and swine.
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(b) Assistance may be provided as any of the following:
(1) Reimbursement for expenses relating to transportation
assistance on or after January 10, 1997, specifically related to
providing access to existing feed supplies or to the livestock;
(2) Reimbursement for expenses relating to eligible livestock feed
purchased on or after January 10, 1997; or
(3) Donation of CCC-owned feed grains.
(c) Requests for reimbursement for transportation assistance and
eligible livestock feed purchases shall include verifiable sales
receipts, service agreements, or any other documentation as determined
by the FSA county committee.
(d) Individuals who provide assistance to livestock which is in
danger of perishing without immediate assistance or where the owner of
the livestock is not known, shall only receive CCC-owned feed grain on
a donation basis, not to exceed the amount of feed grain actually used.
(e) Assistance shall not exceed the monetary value of multiplying
the number of livestock, by type and weight range, by the allowance per
day in pounds of corn as determined in accordance with Sec. 1439.3, by
$0.05 per pound, by a feeding period of 15 days.
(f) For snow removal, the maximum assistance shall be the lesser
of:
(1) Actual cost to move snow to gain access to the available feed
or stranded livestock; or
(2) The maximum assistance calculated in accordance with paragraph
(e) of this section.
(g) For feed purchases, the maximum assistance shall be the lesser
of:
(1) The monetary value of purchased eligible feed; or
(2) The maximum assistance calculated in accordance with paragraph
(e) of this section.
(h) The maximum assistance for donated grain is a 15 day feed
allowance calculated in accordance with paragraph (e) of this section.
4. Sections 1439.701 and 1439.702 are added as follows:
Subpart--Foundation Livestock Relief Program (FLRP)
Sec. 1439.701 General statement.
(a) This subpart sets forth the terms and conditions of the FLRP.
This program may be authorized by DAFP, upon a determination that
foundation livestock owners have been forced to feed excessive
quantities of livestock feed and a Presidential disaster declaration
has been issued for the State or county as a result of snow and
freezing and related conditions. Under the program, CCC will provide
cash reimbursement for eligible livestock feed purchases to the
livestock owner and other persons or entities (public and private),
whose usage of normal livestock feed supplies was adversely affected by
natural disasters. Cost-share assistance is provided at 30 percent of
the lesser of actual eligible livestock feed costs shown on acceptable
feed purchase documents or the calculated feed allowance for eligible
livestock for a period not to exceed 30 days. This program shall
terminate at the conclusion of the 1996 livestock feed crop year.
(b) As determined by DAFP, FLRP may be authorized for any length of
time not to exceed a 30-day feeding period. Subsequent feeding periods
of the same or different duration may be designated by DAFP for the
same or related disaster conditions.
Sec. 1439.702 Assistance.
(a) Assistance is limited to livestock owners who have eligible
foundation or replacement livestock, as determined by DAFP. Eligible
livestock includes beef and dairy cattle, buffalo and beefalo, sheep,
goats, swine, and equine animals used to raise livestock that will be
used for human consumption or in the production of food or fiber on the
owner's farm.
(b) Assistance shall be provided as a 30 percent cost-share payment
based on the lesser of:
(1) Eligible livestock feed purchased and received during the
period designated by DAFP, or
(2) The calculated feed allowance for the eligible livestock for up
to 30 days, as determined by DAFP.
(c) Requests for reimbursement of eligible livestock feed purchases
shall include verifiable sales receipts and any other documentation the
FSA county committee requires.
(d) Assistance shall not exceed the monetary value of multiplying
the number of livestock, by type and weight range, by the allowance per
day in pounds of corn as determined in accordance with Sec. 1439.3, by
$0.05 per pound, by the number of days in the feeding period designated
by DAFP.
Signed at Washington, DC, on August 14, 1997.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 97-22128 Filed 8-20-97; 8:45 am]
BILLING CODE 3410-05-P