GAO-01-637R

United States General Accounting Office

Washington, DC 20548

B-287582

April 24, 2001

The Honorable Richard G. Lugar

Chairman

The Honorable Tom Harkin

Ranking Member

Committee on Agriculture, Nutrition, and Forestry

United States Senate

The Honorable Larry Combest

Chairman

The Honorable Charles W. Stenholm

Ranking Minority Member

Committee on Agriculture

House of Representatives

Subject: Department of Agriculture, Commodity Credit Corporation: 2000-Crop

Disaster Program

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a

major rule promulgated by the Department of Agriculture, Commodity Credit

Corporation (CCC), entitled “2000-Crop Disaster Program” (RIN: 0560-AG36). We

received the rule on April 10, 2001. It was published in the Federal Register as a final

rule on March 21, 2001. 66 Fed. Reg. 15976.

The final rule implements provisions of the Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies Appropriations Act, 2001 related to

crop-loss disaster assistance for producers who, because of adverse weather or

other specified conditions, suffered 2000-crop losses and other particular crop-year

losses.

Enclosed is our assessment of the CCC’s compliance with the procedural steps

required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.

Our review indicates that the CCC complied with the applicable requirements.

If you have any questions about this report, please contact James W. Vickers,

Assistant General Counsel, at (202) 512-8210. The official responsible for GAO

evaluation work relating to the subject matter of the rule is Robert Robinson,
Page 2 GAO-01-637R

Managing Director, Natural Resources and Environment. Mr. Robinson can be

reached at (202) 512-3841.

signed

Kathleen E. Wannisky

Managing Associate General Counsel

Enclosure

cc: Mr. James R. Little

Acting Administrator

Farm Service Agency

Department of Agriculture
GAO-01-637R

ENCLOSURE

ANALYSIS UNDER 5 U.S.C. § 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE

ISSUED BY THE

DEPARTMENT OF AGRICULTURE,

COMMODITY CREDIT CORPORATION

ENTITLED

"2000-CROP DISASTER PROGRAM"

(RIN: 0560-AG36)

(i) Cost-benefit analysis

CCC conducted a cost-benefit analysis of the final rule. Crop losses under the 2000

program are expected to be about $2 billion.

(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. §§ 603-605,

607, and 609

CCC notes that since the final rule was not published as a notice of proposed

rulemaking, the requirements of the Regulatory Flexibility Act do not apply.

(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform

Act of 1995, 2 U.S.C. §§ 1532-1535

As defined in title II, the final rule does not contain either an intergovernmental or

private sector mandate of more than $100 million in any one year.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Section 840 of the authorizing legislation, Pub. L. 106-387, permitted the final rule to

be issued without regard to the notice and comment procedures contained at

5 U.S.C. 553.

Likewise, section 840 permits the Secretary to use the provisions of 5 U.S.C. 808,

which provide for an exception to the requirement that a major rule have a 60-day

delay in its effective date for congressional review.

Paperwork Reduction Act, 44 U.S.C. §§ 3501-3520

Section 840 of the authorizing legislation permits the final rule to be promulgated

without regard to the provisions of the Paperwork Reduction Act. However, the 60-

day public comment period and Office of Management and Budget (OMB) approval

are still required after the rule is published.
Page 2 GAO-01-637R

Statutory authorization for the rule

The final rule is promulgated under the authority contained in Public Law 106-387

including sections 804, 811, and 815.

Executive Order No. 12866

The final rule was reviewed by OMB and found to be an “economically significant”

regulatory action.