[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Rules and Regulations]
[Page 10831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1927]



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  Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Rules 
and Regulations  

[[Page 10831]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1439

RIN 0560-AH26


Livestock Assistance Program; American Indian Livestock Feed 
Program; Correction

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: This document corrects the final regulations published on 
March 31, 2005, and May 25, 2005, that provided the regulations for the 
2003-2004 Livestock Assistance Program (LAP), and American Indian 
Livestock Feed Program (AILFP). This correction clarifies that all 
eligible cattle must be intended for food use.

EFFECTIVE DATE: March 3, 2006.

FOR FURTHER INFORMATION CONTACT: Virgil Ireland, Livestock Program 
Manager, Production, Emergencies, and Compliance Division (PECD), Farm 
Service Agency (FSA), United States Department of Agriculture, STOP 
0517, 1400 Independence Avenue, SW., Washington, DC 20250-0517; 
telephone (202) 720-5103; e-mail: [email protected]. Persons 
with disabilities who require alternative means for communication 
(Braille, large print, audio tape, etc.) should contact the USDA Target 
Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION:

Background

    This rule corrects regulations published in the Federal Register on 
March 31, 2005 (70 FR 16394), and May 25, 2005 (70 FR 29920), that 
provided the regulations at 7 CFR part 1439 for, respectively, the 
2003-2004 Livestock Assistance Program, and the American Indian 
Livestock Feed Program. Those rules, in Sec. Sec.  1439.102 and 
1439.903, defined ``Eligible livestock'' for AIFLP, and ``Livestock'' 
for LAP as follows:

    Eligible livestock means beef and dairy cattle; buffalo and 
beefalo maintained on the same basis as beef cattle; equine animals 
used for food or used directly in the production of food; sheep; 
goats; swine; elk; and reindeer.

    By stating that equine animals must be ``used for food or used 
directly in the production of food,'' the definition can be 
misconstrued as implying that the other livestock in the definition do 
not have to be used for food or directly in the production of food, 
which was not intended. When the final rules were published they were 
administered such that all other livestock in the definition in 
addition to equine animals, also must be used for food or directly in 
the production of food. This is the only interpretation that has been 
in use since these regulations were published in the Federal Register. 
This document corrects the subject definitions to state that more 
explicitly, so that the definition conforms with the Commodity Credit 
Corporation's long-standing interpretation.

List of Subjects in 7 CFR Part 1439

    Agricultural commodities, Disaster assistance, Indian tribes, 
Livestock, Livestock feed.


0
Accordingly, 7 CFR part 1439 is amended as set forth below:

PART 1439--EMERGENCY LIVESTOCK ASSISTANCE

0
1. The authority citation for part 1439 continues to read as follows:

    Authority: 7 U.S.C. 1427a; 15 U.S.C. 714 et seq.; Sec 1103 Pub. 
L. 105-277, 112 Stat. 2681-42-44; Pub. L. 106-31, 113 Stat. 57; Pub. 
L. 106-78, 113 Stat. 1135; Pub. L. 106-113, 113 Stat. 1501; Sec. 257 
Pub. L. 106-224, 114. Stat. 358; Sec's. 802, 806, & 813 Pub. L. 106-
387, 114 Stat. 1549; Pub. L. 108-7, 117 Stat. 11; Sec 101 of 
Division B, Pub. L. 108-324, 118 Stat. 1220; Sec. 785 of Division A, 
Pub. L. 108-447, 118 Stat. 2809.

Subpart B--2003-2004 Livestock Assistance Program

0
2. In Sec.  1439.102, in alphabetical order remove the definition of 
``Livestock'' and add ``Eligible livestock'' to read as follows:


Sec.  1439.102  Definitions.

* * * * *
    Eligible livestock means only those animals produced specifically 
for food for human consumption, or used directly for the production of 
food for human consumption, or for the production of fiber, as 
determined by the Deputy Administrator, and includes beef and dairy 
cattle, buffalo, and beefalo, maintained on the same basis as beef 
cattle, equine animals, sheep, goats, swine, elk, and reindeer. Animals 
maintained for recreational purposes, hunting, or for show, are not 
eligible under any circumstances.

Subpart I--American Indian Livestock Feed Program

0
3. In Sec.  1439.903, revised the definition of ``Eligible livestock'' 
to read as follows:


Sec.  1439.903  Definitions.

* * * * *
    Eligible livestock means only those animals produced specifically 
for food for human consumption, or used directly for the production of 
food for human consumption, or for the production of fiber, as 
determined by the Deputy Administrator, and includes beef and dairy 
cattle, buffalo, and beefalo, maintained on the same basis as beef 
cattle, equine animals, sheep, goats, swine, elk, and reindeer. Animals 
maintained for recreational purposes, hunting, or for show, are not 
eligible under any circumstances.
* * * * *

    Signed at Washington, DC, on February 24, 2006.
Michall W. Yost,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 06-1927 Filed 3-2-06; 8:45 am]
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