This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

44391

Vol. 62, No. 162

Thursday, August 21, 1997

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1439

RIN 0560–AF11

Disaster Reserve Assistance Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: The Commodity Credit

Corporation (CCC) published an interim

rule in the Federal Register (62 FR

3195) on January 22, 1997, to announce

the availability of assistance under the

Disaster Reserve Assistance Program

(DRAP). The assistance was for livestock

producers whose production of

livestock feed was adversely affected by

severe winter disaster conditions.

Authority for the program is set forth in

section 813 of the Agricultural Act of

1970, as amended. This final rule adopts

the interim rule with modifications that

became necessary during the

administration of the program due to

circumstances unforeseen at the time

the interim rule was written, but which

became necessary because of the

severity of the disaster.

EFFECTIVE DATE: August 21, 1997.

FOR FURTHER INFORMATION CONTACT:

Chris Niedermayer, Acting Director,

Emergency and Noninsured Assistance

Program Division, Farm Service Agency

(FSA), United States Department of

Agriculture, STOP 0526, 1400

Independence Avenue, SW,

Washington, D.C. 20250–0526,

telephone (202) 720–6635.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule is issued in

conformance with Executive Order

12866 and has been determined to be

significant and has been reviewed by

the Office of Management and Budget.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this rule because neither

FSA nor the CCC is required by 5 U.S.C.

553 or any other provision of law to

publish a notice of proposed rulemaking

with respect to the subject matter of this

rule.

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 12988

The final rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this final rule preempt

State laws to the extent such laws are

inconsistent with the provisions of this

rule. The provisions of this rule are

retroactive to January 10, 1997. Before

any judicial action may be brought

concerning the provisions of this rule,

the administrative remedies must be

exhausted.

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).

Unfunded Mandates

The provisions of the Unfunded

Mandates Reform Act of 1995 are not

applicable to this rule because neither

FSA nor CCC is required by 5 U.S.C. 553

or any other provision of the law to

publish a notice of proposed rulemaking

with respect to the subject matter of this

rule.

Paperwork Reduction Act

The amendments to 7 CFR 1439 set

forth in this final rule have been

approved by OMB under an emergency

submission of 0560–0029. An

information collection notice was

published in the Federal Register (62

FR 3195) on January 22, 1997. No

comments were received regarding

information collections. A regular

submission of information collection

will be provided to OMB before July 31,

1997.

Executive Order 12612

It has been determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment. The

provisions contained in this rule will

not have a substantial direct effect on

States or their political subdivisions, or

on the distribution of power and

responsibilities among the various

levels of Government.

Federal Assistance Programs

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.452.

Background

Pursuant to the authority set forth in

section 813 of the Agricultural Act of

1970, as amended, it has been

determined that:

1. Severe and prolonged natural

disasters adversely affecting livestock

producers across the country warrant

implementing additional provisions of

DRAP to alleviate the distress caused by

the natural disaster conditions and

unforeseen consequences brought on by

the severity of the natural disasters.

2. An interim rule published on

January 22, 1997, (62 FR 3195) amended

part 1439 to provide assistance for feed

losses in crop year 1996, occurring

because of snow and freezing

conditions. Consequently, in

implementing these regulations CCC

made several changes in the program

due to the severity of the natural

disaster conditions. Presidential

Disaster Declarations M1156 and M1157

were issued for all counties in North

Dakota and South Dakota; therefore, all

livestock producers in these States who

met all eligibility requirements, as

determined by the Deputy

Administrator for Farm Programs

(DAFP), and timely filed requests, were

eligible for assistance under the herein

contained Emergency Feed Grain

Donation Program (EFGDP).

Subsequently, DAFP determined that

livestock producers in North Dakota,

South Dakota, and in the Minnesota

counties designated as primary counties

in Presidential Disaster Declaration

M1158 who met all eligibility

requirements, as determined by DAFP,

and timely filed requests, were eligible

for assistance under the herein
44392 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

contained Foundation Livestock Relief

Program (FLRP). The interim rule did

not specify that producers in counties

contiguous to primary counties where

an emergency declaration was made by

the President would be eligible for

assistance under EFGDP and FLRP.

Inadvertently, the following counties

contiguous to the States of North Dakota

and South Dakota were erroneously

included as being eligible for FLRP:

Lyon, Plymouth, Sioux, and Woodbury

Counties in Iowa; Carter, Fallon,

Richland, Roosevelt, Sheridan, and

Wibaux Counties in Montana; Boyd,

Cedar, Cherry, Dakota, Dawes, Dixon,

Keya Paha, Sheridan, and Sioux

Counties in Nebraska; and Crook,

Niobrara, and Weston Counties in

Wyoming. Applications for FLRP

assistance were accepted in the

aforementioned contiguous counties

through February 25, 1997. FSA

determined that withdrawal of its offer

to provide cost share assistance after the

final date for submitting an application

would not be in the best interest of the

public because producers in the

erroneously approved counties would

have already made previous

commitments. Accordingly, FSA elected

to grant relief in accordance with 7

U.S.C. 1339a on the basis of ‘‘misaction’’

by the Agency.

This final rule adopts the interim rule,

with some modifications and additions.

The comments received and CCC

responses are as follows:

Comment: § 402(a) One comment

received from a national livestock

association recommended that:

(1) The Secretary of Agriculture

should have the authority to delineate

the areas of the U.S. that are eligible for

the DRAP.

(2) Producers who qualify for the

DRAP should be allowed to use the

funds for snow removal, clearing of

flood related debris, removal of mud,

repair and maintenance of farm roads,

rebuilding of fences due to high water

or snow, purchase of hay and high

protein feed supplements and minerals,

and maintenance and continued usage

of water supplies of adequate quality

and quantities.

(3) Producers be reimbursed whether

they remove the disaster related snow,

mud and/or debris themselves, or they

use an outside contractor.

Response: (1) Authorization for the

program was limited to the 1996 crop

year, allowing USDA to provide

assistance for feed loss or inaccessibility

as a result of snow or freezing

conditions where an emergency

declaration has been made by the

President. DAFP believes it is not

prudent to seek legislative change to

allow the Secretary authority to

delineate the areas of the U.S. eligible

for DRAP as the terms of the program

have already expired. (2) Under

§ 1439.602(b), assistance is provided as

reimbursement for expenses relating to

transportation assistance on or after

January 10, 1997, specifically related to

providing access to existing feed

supplies or to the livestock and

reimbursement for expenses relating to

eligible livestock feed purchased on or

after January 10, 1997, and donation of

CCC-owned feed grains. There is no

restriction on how the livestock owner

uses the reimbursed funds. However,

according to § 1439.8, CCC-owned feed

grains obtained under this part shall not

be exchanged for any ingredients,

services, cash, credit, or any other thing

of value. (3) Under § 1439.602(f),

maximum assistance for snow removal

is limited to the lesser of the actual cost

to move snow to gain access to the

available feed or stranded livestock, or

the monetary value of multiplying the

number of livestock, by type and weight

range, by the allowance per day in

pounds of corn, as determined by CCC,

by $0.05 per pound, by a feeding period

of 15 days. There is no restriction on

whether the livestock owner or a

contractor removes the snow.

3. This rule will modify part 1439 to

add sections 1439.601 and 1439.602 and

1439.701 and 1439.702. These sections

set out program regulations for EFGDP

and FLRP.

4. Based on the above determinations,

the EFGDP and the FLRP are authorized

for the 1996 livestock feed crop year for

livestock owners who are determined

eligible. Program payments will be

contingent on the availability of CCC

funds.

List of Subjects in 7 CFR part 1439

Animal feeds, Disaster assistance,

Livestock.

Accordingly, for the reasons set forth

in the Preamble, the interim rule

published on January 22, 1997, (62 FR

3195) is adopted as final with changes,

as set forth below.

PART 1439—EMERGENCY

ASSISTANCE PROGRAMS

1. The authority citation for part 1439

continues to read as follows:

Authority: 15 U.S.C. 714b and 714c and 7

U.S.C. 1427a.

2. In section 1439.402, paragraph (a)

is revised to read as follows:

§ 1439.402 Assistance

(a) Assistance is for eligible livestock

which are commingled, stranded, and

unidentified as to the livestock owner.

* * * * *

3. Sections 1439.601 and 602 are

added as follows:

Subpart—Emergency Feed Grain

Donation Program (EFGDP)

§ 1439.601 General statement.

(a)(1) This subpart sets forth the terms

and conditions of the EFGDP. This

program may be authorized only for

livestock owners in a State or county, by

the Deputy Administrator for Farm

Programs (DAFP), Farm Service Agency

(FSA), upon a determination that a

sudden livestock feed emergency exists

and a Presidential disaster declaration

has been issued for such a State or

county as a result of snow and freezing

and related conditions. Under the

program, CCC will provide to the

livestock owner whose access to

livestock and normal livestock feed

supplies was adversely affected by

natural disasters either or both of the

following:

(i) Reimbursement for expenses

relating to eligible livestock feed

purchases and transportation assistance;

(ii) CCC-owned feed grains on a

donation basis.

(2) Assistance may be given to other

persons or entities (public and private),

who certify that the eligible livestock

were, or are, in danger of perishing

without their immediate assistance.

This program shall terminate at the

conclusion of the 1996 livestock feed

crop year.

(b) The EFGDP is authorized for the

1996 livestock feed crop year when both

of the following apply:

(1) The FSA State committee

determines and documents a livestock

feed emergency on a county by county

basis, when the danger of eligible

livestock perishing as a result of snow

and freezing and related conditions

exists in the county, and

(2) The livestock owner, or other

person or entities (public or private)

certify that the eligible livestock were,

or are, in danger of perishing without

immediate assistance and that normal

livestock feed supplies were, or are,

inaccessible.

§ 1439.602 Assistance.

(a) Assistance is for eligible livestock

which are in danger of perishing

without immediate assistance. Eligible

livestock includes beef and dairy cattle;

buffalo and beefalo; equine animals,

including horses, mules, donkeys;

sheep; goats; and swine.
Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44393

(b) Assistance may be provided as any

of the following:

(1) Reimbursement for expenses

relating to transportation assistance on

or after January 10, 1997, specifically

related to providing access to existing

feed supplies or to the livestock;

(2) Reimbursement for expenses

relating to eligible livestock feed

purchased on or after January 10, 1997;

or

(3) Donation of CCC-owned feed

grains.

(c) Requests for reimbursement for

transportation assistance and eligible

livestock feed purchases shall include

verifiable sales receipts, service

agreements, or any other documentation

as determined by the FSA county

committee.

(d) Individuals who provide

assistance to livestock which is in

danger of perishing without immediate

assistance or where the owner of the

livestock is not known, shall only

receive CCC-owned feed grain on a

donation basis, not to exceed the

amount of feed grain actually used.

(e) Assistance shall not exceed the

monetary value of multiplying the

number of livestock, by type and weight

range, by the allowance per day in

pounds of corn as determined in

accordance with § 1439.3, by $0.05 per

pound, by a feeding period of 15 days.

(f) For snow removal, the maximum

assistance shall be the lesser of:

(1) Actual cost to move snow to gain

access to the available feed or stranded

livestock; or

(2) The maximum assistance

calculated in accordance with paragraph

(e) of this section.

(g) For feed purchases, the maximum

assistance shall be the lesser of:

(1) The monetary value of purchased

eligible feed; or

(2) The maximum assistance

calculated in accordance with paragraph

(e) of this section.

(h) The maximum assistance for

donated grain is a 15 day feed allowance

calculated in accordance with paragraph

(e) of this section.

4. Sections 1439.701 and 1439.702 are

added as follows:

Subpart—Foundation Livestock Relief

Program (FLRP)

§ 1439.701 General statement.

(a) This subpart sets forth the terms

and conditions of the FLRP. This

program may be authorized by DAFP,

upon a determination that foundation

livestock owners have been forced to

feed excessive quantities of livestock

feed and a Presidential disaster

declaration has been issued for the State

or county as a result of snow and

freezing and related conditions. Under

the program, CCC will provide cash

reimbursement for eligible livestock

feed purchases to the livestock owner

and other persons or entities (public and

private), whose usage of normal

livestock feed supplies was adversely

affected by natural disasters. Cost-share

assistance is provided at 30 percent of

the lesser of actual eligible livestock

feed costs shown on acceptable feed

purchase documents or the calculated

feed allowance for eligible livestock for

a period not to exceed 30 days. This

program shall terminate at the

conclusion of the 1996 livestock feed

crop year.

(b) As determined by DAFP, FLRP

may be authorized for any length of time

not to exceed a 30-day feeding period.

Subsequent feeding periods of the same

or different duration may be designated

by DAFP for the same or related disaster

conditions.

§ 1439.702 Assistance.

(a) Assistance is limited to livestock

owners who have eligible foundation or

replacement livestock, as determined by

DAFP. Eligible livestock includes beef

and dairy cattle, buffalo and beefalo,

sheep, goats, swine, and equine animals

used to raise livestock that will be used

for human consumption or in the

production of food or fiber on the

owner’s farm.

(b) Assistance shall be provided as a

30 percent cost-share payment based on

the lesser of:

(1) Eligible livestock feed purchased

and received during the period

designated by DAFP, or

(2) The calculated feed allowance for

the eligible livestock for up to 30 days,

as determined by DAFP.

(c) Requests for reimbursement of

eligible livestock feed purchases shall

include verifiable sales receipts and any

other documentation the FSA county

committee requires.

(d) Assistance shall not exceed the

monetary value of multiplying the

number of livestock, by type and weight

range, by the allowance per day in

pounds of corn as determined in

accordance with § 1439.3, by $0.05 per

pound, by the number of days in the

feeding period designated by DAFP.

Signed at Washington, DC, on August 14,

1997.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 97–22128 Filed 8–20–97; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency

7 CFR Part 1955

RIN 0560–AE88

Implementation of the Inventory

Property Management Provisions of

the Federal Agriculture Improvement

and Reform Act of 1996

AGENCIES: Rural Housing Service, Rural

Business-Cooperative Service, Rural

Utilities Service, and Farm Service

Agency, USDA.

ACTION: Interim rule with request for

comments.

SUMMARY: This implements provisions

of the Federal Agriculture Improvement

and Reform Act of 1996 (1996 Act) that

affect the farm credit programs of the

Farm Service Agency (FSA), formerly

administered by the Farmers Home

Administration (FmHA). The provisions

of this rule affect the acquisition,

management and disposal of inventory

farm property by FSA.

DATES: Effective August 21, 1997.

Comments must be submitted by

October 20, 1997.

ADDRESSES: Submit written comments

to the Farm Credit Programs Loan

Servicing and Property Management

Division, Farm Service Agency, United

Sates Department of Agriculture, Room

5449–S, Stop 0523, 1400 Independence

Avenue, SW, Washington, DC 20013–

0523.

FOR FURTHER INFORMATION CONTACT:

James P. Fortner, Senior Realty

Specialist, Farm Service Agency;

Telephone: 202–720–1976; Facsimile:

202–690–0949. E-mail:

jfortner@wdc.fsa.usda.gov

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant and was reviewed by the

Office of Management and Budget under

Executive Order 12866.

Regulatory Flexibility Act

The Farm Service Agency (FSA)

certifies that this rule will not have a

significant impact on a substantial

number of small entities as defined in

the Regulatory Flexibility Act, Pub. L.

96–534, as amended (5 U.S.C. 601).

In addition, the Regulatory Flexibility

Act is not applicable to this rule since