[Federal Register Volume 66, Number 9 (Friday, January 12, 2001)]
[Rules and Regulations]
[Pages 2800-2801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1017]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 760

RIN 0560-AG 39


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 appropriated under the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001. 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: January 12, 2001.

FOR FURTHER INFORMATION CONTACT: Elizabeth Hill, Agricultural Program 
Specialist, Price Support Division, FSA, USDA, STOP 0512, 1400 
Independence Avenue, SW, Washington, DC 20250-0512; telephone (202) 
720-9888; 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,

[[Page 2801]]

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 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).

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 Commodity Credit Corporation 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.

Unfunded Mandates Reform Act of 1995

    This rule contains no Federal mandates under the regulatory 
provision of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) for State, local, and tribal governments or the private sector. 
Thus, this rule is not subject to the requirements of sections 202 and 
205 of UMRA.

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. The statutory authority for the program was 
extended several times. Funds were appropriated for DIPP by the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Act, 1999, (the 1999 Act), Pub. L. 105-277, 112 Stat. 
2681, and, more recently, the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2000 (the 
2000 Act), Pub. L. 106-78, 113 Stat. 1135, both of which authorized the 
program to be carried out until the funds appropriated were expended. 
Most recently, the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (the 2001 
Act), Pub. L. 106-387, 114 Stat 1549 also appropriated funds and 
authorized the program to be carried out until the funds are expended. 
Not all the funds appropriated under the previous Acts have been 
expended and the remaining funds are still available in addition to the 
funds appropriated under the 2001 Act.
    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 Part 
760. This 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 2001 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: Pub. L. 105-277, 112 Stat. 2681, and Pub. L. 106-78, 
113 Stat. 1135, and Pub. L. 106-387, 114 Stat. 1549.

    Dated: January 4, 2001.
Keith Kelly,
Administrator, Farm Service Agency.
[FR Doc. 01-1017 Filed 1-11-01; 8:45 am]
BILLING CODE 3410-05-P