This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

13679

Vol. 66, No. 45

Wednesday, March 7, 2001

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1439

RIN: 0560–AG33

Livestock Indemnity Program

AGENCIES: Commodity Credit

Corporation, USDA.

ACTION: Proposed rule.

SUMMARY: This proposed rule

implements provisions of the

Agriculture, Rural Development, Food

and Drug Administration, and Related

Agencies Appropriations Act, 2001

related to the Livestock Indemnity

Program–2000 (LIP–2000). This

proposed rule announces the program’s

availability and requirements and seeks

comments on the program.

DATES: Comments on this rule must be

received by April 6, 2001. Comments on

the information collections in this rule

must be received by May 7, 2001.

ADDRESSES: Comments should be

mailed to: Sharon Biastock, Price

Support Division, Farm Service Agency

(FSA), U.S. Department of Agriculture,

1400 Independence Ave., SW,

Washington, DC, 20250–0540, telephone

(202) 720–6336, STOP 0517; e-mail

address:

sharon_biastock@wdc.fsa.usda.gov.

Comments can be inspected in Room

4093 South Building, Washington, DC,

between 7:30 a.m. and 4:30 p.m.,

Monday through Friday, except

holidays.

FOR FURTHER INFORMATION CONTACT:

Sharon Biastock, Production,

Emergencies, and Compliance Division,

Farm Service Agency (FSA), U.S.

Department of Agriculture, 1400

Independence Ave., SW, Washington,

DC, 20250–0540, telephone (202) 720–

6336, STOP 0517; e-mail address:

sharon_biastock@wdc.fsa.usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed 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 USDA is

not 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 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 in

accordance with Executive Order 12988.

The provisions of this rule preempt

State laws to the extent such laws are

inconsistent with the provisions of this

rule. Before any judicial action may be

brought concerning the provisions of

this rule, the administrative remedies

must be exhausted.

Unfunded Mandates Reform Act of

1995

The provisions of Title II of the

Unfunded Mandates Reform Act of 1995

are not applicable to this rule because

USDA is not 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.

Further, in any case, these provisions do

not impose any mandates on State, local

or tribal governments, or the private

sector.

Paperwork Reduction Act

Title: Certification of Livestock Losses

For Eligible Disaster.

OMB Control Number: 0560–0179.

Type of Request: Reinstatement and

revision of a previously approved

information collection.

Abstract: The information previously

collected under OMB Control Number

0560–0179, as identified above, is all

that is currently required by FSA to

meet administrative and statutory

requirements for the Livestock

Indemnity Program. Information

collected from livestock owners will be

used by CCC to approve or determine

the eligibility and amount of assistance

in accordance with this subpart. The

CCC considers the information collected

essential to prudent eligibility and

assistance determinations. Failure to

make sound decisions in providing

livestock indemnity program payments

would result in inaccurate payments to

livestock owners and losses to the

Government.

Estimate of Burden: Public reporting

burden for this collection of information

is estimated to average 1 hour per

response.

Respondents: Livestock Owners.

Estimated number of Respondents:

2,000.

Estimated Number of Responses per

Respondent: 1.5.

Estimated Total Annual Burden on

Respondents: 3,000 hours.

Proposed topics for comment include:

(a) Whether the collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information will have practical utility;

(b) the accuracy of the agency’s estimate

of burden including the validity of the

methodology and assumptions used; (c)

ways to enhance the quality, utility, and

clarity of the information collected; or

(d) ways to minimize the burden of the

collection of the information on those

who are to respond, including through

the use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology.

Comments should be sent to the Desk

Officer for Agriculture, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 and to Sharon

Biastock, Program Specialist,

Compliance Branch, Production,

Emergencies, and Compliance Division,

Farm Service Agency, United States

Department of Agriculture, STOP 0517,

13680 Federal Register / Vol. 66, No. 45 / Wednesday, March 7, 2001 / Proposed Rules

1400 Independence Avenue, SW,

Washington, DC. 20250–0517, telephone

(202) 720–6336.

Background

This proposed rule implements § 813

of the Agriculture, Rural Development,

Food and Drug Administration, and

Related Agencies Appropriations Act,

2001 (Pub. Law 106–387) related to the

Livestock Indemnity Program–2000

(LIP–2000). The statute provides that

the Secretary of Agriculture (the

Secretary) use up to $10 million of the

funds of the Commodity Credit

Corporation to make livestock

indemnity payments to producers on a

farm for qualifying livestock losses

occurring in the period beginning on

January 1, 2000, and ending on

December 31, 2000. A GovernmentWide rescission of appropriated funds

required by the FY 2001 Consolidated

Appropriations Bill (Pub. Law 106–554,

section 1403) reduces the funds

available for by 0.22 percent. Funding

available for LIP–2000 is therefore

$9.978 million.

Pub. Law 106–387 specifically

includes fires and anthrax as

compensable losses under the new LIP–

2000. LIP–2000 is a new authorization

of funds and includes two new causes

of disaster loss. However, in authorizing

the program, Congress did not make any

additional changes to the prior program

so that, as proposed, the LIP–2000 will

parallel many of the prior LIP program

requirements and program parameters.

The losses must be due to disasters or

wild fires in areas covered by a

qualifying disaster declaration issued by

the President or Secretary of Agriculture

that was requested for calendar year

2000 and subsequently approved. In

addition, the Act specifically requires

LIP–2000 to include losses due to

anthrax, but because disaster

declarations are not issued for such

losses, anthrax losses will be

compensable without the declaration of

a disaster by the Secretary or the

President.

As in prior LIP’s, losses due to

drought will not be covered by the

program because these losses are

partially preventable by providing

adequate shelter, food and water, which

would be required to prove actions

consistent with proper animal

husbandry standards. No person can

receive more than $40,000 in payments

and no person can receive any payment

if that person’s annual gross revenue

exceeds $2.5 million. Payment rates will

vary by class of livestock involved and

the payment rate will be a percentage of

the assigned market price for the class.

Should eligible claims exceed the

available funds, the claims will, to the

extent practicable, be prorated. Losses

will be compensable only to the extent

that they were caused by the disaster

and were in excess of normal losses for

the operation for the particular livestock

category involved. This rule also

amends the regulations to provide that

payments will be made to livestock

owners who have legal ownership of the

livestock and are citizens, or legal

resident aliens in, the United States.

Previously, payments were made to

livestock producers, which was defined

as one who had a beneficial interest in

eligible livestock, had a financial risk in

the livestock, and were citizens of, or

resident aliens in, the United States.

LIP–2000 is being published at

Subpart C of 7 CFR part 1439 (7 CFR

1439.200 et seq.). Accordingly, the LIP

program for prior years can be found at

Subpart C of 7 CFR part 1439 in the

Code of Federal Regulations as it existed

on January 1, 2001, and the LIP–2000,

once adopted as final, will completely

replace that subpart. The public is

invited to comment on all aspects of

LIP–2000.

List of Subjects in 7 CFR Part 1439

Animal feeds, Disaster assistance,

Livestock, Pasture, Reporting and record

keeping requirements.

For the reasons set out in the

preamble, 7 CFR part 1439 is amended

as follows:

PART 1439—EMERGENCY LIVESTOCK

ASSISTANCE

1. The statutory authority for part

1439 continues to read as follows:

Authority: 7 U.S.C. 1427a; 15 U.S.C. 714 et

seq.; Sec. 1103, Pub. Law 105–277, 112 Stat.

2681–42–44; Pub. Law 106–31, 113 Stat. 57;

Pub. Law 106–78, 113 Stat. 1135; Pub. Law

106–113, 113 Stat. 1501; Sec. 257, Pub. Law

106–224, 114 Stat. 358; Secs. 802, 806, and

813, Pub. Law 106–387, 114 Stat. 1549.

2. Revise Subpart C of part 1439 to

read as follows:

Subpart C—Livestock Indemnity Program

Sec.

1439.201 Applicability.

1439.202 Administration.

1439.203 Definitions.

1439.204 Sign-up period.

1439.205 Proof of loss.

1439.206 Indemnity benefits.

1439.207 Availability of funds.

1439.208 Limitations on payments.

Subpart C—Livestock Indemnity

Program

§ 1439.201 Applicability.

(a) This subpart sets forth the terms

and conditions applicable to the

Livestock Indemnity Program for 2000

(LIP–2000). Benefits will be provided

under this subpart only for losses

(deaths) of livestock occurring as a

result of:

(1) Natural disasters, except drought;

(2) Fires; or

(3) Anthrax.

(b) Losses due to natural disasters and

fires (except drought) will be considered

eligible for benefits in counties included

in the geographic area covered by a

qualifying natural disaster declaration,

excluding contiguous counties, issued

by the President of the United States or

the Secretary of Agriculture of the

United States which declaration was

requested and approved for the period

of January 1, 2000, through December

31, 2000, inclusive.

(c) A Presidential declaration or

Secretarial designation is not required

for losses due to anthrax.

(d) Owners will be compensated by

livestock category as established by

CCC. The owner’s loss must be the

result of the declared disaster or anthrax

and in excess of the normal losses,

established by CCC, for the owner’s

livestock operation. Losses to livestock

due to drought conditions are deemed to

have been avoidable and are not eligible

for benefits under LIP–2000.

§ 1439.202 Administration.

Where circumstances preclude

compliance with § 1439.204 due to

circumstances beyond the applicant’s

control, the FSA county or State

committee may request that relief be

granted by the Deputy Administrator

under this section. In such cases, except

for statutory deadlines and other

statutory requirements, the Deputy

Administrator may, in order to more

equitably accomplish the goals of this

subpart, waive or modify deadlines and

other program requirements if the

failure to meet such deadlines or other

requirements does not adversely affect

operation of the program and are not

prohibited by statute.

§ 1439.203 Definitions.

The definitions set forth in this

section shall be applicable for all

purposes of administering this subpart.

The terms defined in § 1439.3 shall also

be applicable, except where those

definitions conflict with the definitions

set forth in this subpart.

Anthrax means a disease of animals

caused by bacillus anthracis.

Application means the Form CCC–

661, Livestock Indemnity Program

Application.

Eligible disasters are any natural

disasters occurring in 2000 that are

named in the Presidential declaration or

Secretarial designation, except drought

or extreme heat.

Federal Register / Vol. 66, No. 45 / Wednesday, March 7, 2001 / Proposed Rules 13681

Fires means wild fires that occurred

in forests, brush, etc., and, as a result,

livestock was killed when it was caught

in these fires or in structures that

burned in these fires. It does not include

structure fires that were not the result of

a wild fire.

Livestock means beef and dairy cattle,

sheep, goats, swine, poultry (including

egg-producing poultry), equine animals

used for food or in the production of

food, and buffalo and beefalo when

maintained on the same basis and in the

same manner as beef cattle maintained

for commercial slaughter.

Livestock owner means a person who

has legal ownership of the livestock and

is a citizen of, or legal resident alien in,

the United States. A farm cooperative,

private domestic corporation,

partnership, or joint operation in which

a majority interest is held by members,

stockholders, or partners who are

citizens of, or legal resident aliens in,

the United States, if such cooperative,

corporation, partnership, or joint

operation owns or jointly owns eligible

livestock or poultry, will be considered

livestock owners. Any Native American

tribe (as defined in section 4(b) of the

Indian Self-Determination and

Education Assistance Act (Public Law

93–638, 88 Stat. 2203)); any Native

American organization or entity

chartered under the Indian

Reorganization Act; any tribal

organization under the Indian SelfDetermination and Education

Assistance Act; and any economic

enterprise under the Indian Financing

Act of 1974 will be considered livestock

owners so long as they meet the terms

of the definition.

§ 1439.204 Sign-up period.

A request for benefits under this

subpart must be submitted to the CCC

at the FSA county office serving the

county where the livestock loss

occurred. All applications must be filed

in the FSA county office prior to the

close of business on such date as

determined and announced by the

Deputy Administrator.

§ 1439.205 Proof of loss.

(a) In the case of fires or natural

disasters, livestock owners must, in

accordance with instructions issued by

the Deputy Administrator, provide

adequate proof that the death of the

eligible livestock occurred during the

recognized natural disaster period, as

provided in § 1439.201(b); or was

reasonably related to the disaster.

(b) The livestock owner shall provide

any available supporting documents

that will assist the county committee, or

is requested by the county committee, in

verifying:

(1) The quantity of eligible livestock

that perished in the natural disaster

including, but not limited to, purchase

records, veterinarian receipts, bank loan

papers, rendering truck certificates,

Federal Emergency Management Agency

and National Guard records, auction

barn receipts, and any other documents

available to confirm the presence of the

livestock and subsequent losses; and

(2) That the loss was reasonably

related to the recognized disaster in the

declaration or designation, including,

but not limited to, newspaper articles or

other media reports, photographs of

disaster damage, veterinarian records,

and any other documents available to

confirm that the disaster occurred and

was responsible for the livestock losses.

(c) Livestock owners requesting

benefits for losses due to anthrax shall

provide documentation verifying the

quantity of livestock deaths that was

caused by anthrax.

(d) Certifications by third parties or

the owner and other such

documentation as the county committee

determines to be necessary in order to

verify the information provided by the

owner must also be submitted. Thirdparty verifications may be accepted only

if the owner certifies in writing that

there is no other documentation

available. Third-party verification must

be signed by the party that is verifying

the information. Failure to provide

documentation that is satisfactory to the

county committee will result in the

disapproval of the application by the

county committee.

(e) Livestock owners shall certify the

accuracy of the information provided.

All information provided is subject to

verification and spot checks by the CCC.

A failure to provide information

requested by the county committee or

by agency officials is cause for denial of

any application filed under this part.

§ 1439.206 Indemnity benefits.

(a) Livestock indemnity payments for

losses of eligible livestock as

determined by CCC are authorized to be

made to livestock owners, based on the

owner’s share of the livestock, who file

an application for the specific livestock

category in accordance with instructions

issued by the Deputy Administrator, if:

(1) The livestock owner submits an

approved proof of loss in accordance

with § 1439.205; and

(2) The FSA county or State

committee determines that because of

an eligible disaster condition the

livestock owner had a loss in the

specific livestock category in excess of

the normal mortality rate established by

CCC, based on the number of animals in

the livestock category that were in the

owner’s inventory at the time of the

disaster.

(b) If the number of losses in the

animal category exceeds the normal

mortality rate established by CCC for

such category, the loss of livestock that

shall be used in making a payment shall

be the number of animal losses in the

animal category that exceed the normal

mortality threshold established by CCC.

(c) Payments shall be calculated by

multiplying the national payment rate

for the livestock category as determined

by CCC, by the number of qualifying

animals determined under paragraph (b)

of this section. Adjustments, if

necessary, shall apply in accordance

with § 1439.207.

§ 1439.207 Availability of funds.

(a) In the event that the total amount

of eligible claims submitted under this

subpart exceeds $10 million allocated

by the Act, then each payment shall be

reduced by a uniform national

percentage.

(b) Such payment reductions shall be

applied after the imposition of

applicable per-person payment

limitation provisions.

§ 1439.208 Limitations on payments.

(a) The provisions of §§ 1439.10 and

1439.11 apply to LIP–2000.

(b) Payments earned under other

programs contained in this part shall

not reduce the amount payable under

this subpart.

(c) Disaster benefits under this part

are not subject to administrative offset.

See § 842 of Pub. L. 106–387.

(d) No interest will be paid or accrue

on disaster benefits under this part that

are delayed or are otherwise not timely

issued unless otherwise mandated by

law.

Dated: March 1, 2001.

James R. Little,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 01–5493 Filed 3–5–01; 1:12 pm]

BILLING CODE 3410–05–P

FEDERAL ELECTION COMMISSION

11 CFR Part 100

[Notice 2001–3]

Definition of Political Committee

AGENCY: Federal Election Commission.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Federal Election

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