[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Rules and Regulations]
[Pages 17942-17943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9129]


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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