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GAO-10-397R 1 (2010-02-02)

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T a  m Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-319270


          February 2, 2010

          The Honorable Blanche Lincoln
          Chairman
          The Honorable Saxby Chambliss
          Ranking Minority Member
          Committee on Agriculture, Nutrition, and Forestry
          United States Senate

          The Honorable Collin C. Peterson
          Chairman
          The Honorable Frank D. Lucas
          Ranking Minority Member
          Committee on Agriculture
          House of Representatives

          Subject: Department ofAgriculture, Farm Service Agency. Dairy Economic Loss
                  Assistance Payment 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, Farm Service Agency
          (FSA), entitled Dairy Economic Loss Assistance Payment Program (RIN: 0560-
          A107). We received the rule on January 20, 2010. It was published in the Federal
          Registeras a final rule on December 21, 2009. 74 Fed. Reg. 67,805.

          The final rule implements the new Dairy Economic Loss Assistance Payment
          (DELAP) program, which will assist dairy producers by providing payments to
          producers who produced and marketed milk in the United States at some time from
          February through July 2009. The payments provided by the DELAP program are
          intended to offset a portion of the dairy producers' losses resulting from milk prices
          that were far below production costs.

          The Congressional Review Act requires major rules to have a 60-day delay in their
          effective date following their publication in the Federal Register or receipt by
          Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). However, notwithstanding the
          60-day delay requirement, any rule that an agency for good cause finds that notice
          and public procedures are impractical, unnecessary, or contrary to the public
          interest is to take effect when the promulgating agency so determines. 5 U.S.C.
          § 808(2). FSA stated that due to the given economic conditions in the dairy industry,


GAO-10-397R

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