[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Rules and Regulations]
[Page 68142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34032]


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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