[Federal Register: March 3, 2006 (Volume 71, Number 42)]
[Rules and Regulations]
[Page 10831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr06-1]
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Rules and Regulations
Federal Register
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[[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.
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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: Virgil.Ireland@wdc.usda.gov. 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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