[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Rules and Regulations]
[Page 14843-14844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr02-1]
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[[Page 14843]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560-AG08
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, 2002. The DIPP indemnifies dairy farmers and
manufacturers for losses suffered due to contamination of milk and milk
products, through no fault of their own.
EFFECTIVE DATE: March 28, 2002.
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 Elizabeth__Hill@wdc.usda.gov.
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 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, these regulations will 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 Appropriations Act, 2001 (``the 2001 Act''), Pub. L.
106-387, which authorized the program until the funds were expended.
Most recently, funds were appropriated for this program by the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (``the 2002 Act''), Pub. L.
107-76, which authorizes the program to be carried out until the funds
appropriated under the 2002 Act are expended. The funds appropriated
under the 2001 Act that have not been expended will be combined with
the funds appropriated under the 2002 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
760.1-760.34. 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 2002 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:
[[Page 14844]]
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. 106-387, 114 Stat. 1549, and Pub. L. 107-76,
115 Stat. 704.
Signed in Washington, DC, on March 8, 2002.
James R. Little,
Administrator, Farm Service Agency.
[FR Doc. 02-7422 Filed 3-27-02; 8:45 am]
BILLING CODE 3410-05-P
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