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GAO-11-175R 1 (2010-11-09)

handle is hein.gao/gaobadxcx0001 and id is 1 raw text is: 


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   GA 0
T a  m Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-321072


          November 9, 2010

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

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

          Subject: Department ofAgriculture, Farm Service Agency. Crop Assistance 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 Crop Assistance Program (RIN: 0560-All). We received the rule on
          October 20, 2010. It was published in the Federal Register as an interim rule on
          October 25, 2010, with a stated effective date of October 22, 2010. 75 Fed. Reg.
          65,423.

          The interim rule provides emergency assistance to reestablish the purchasing of rice,
          cotton, soybeans, and sweet potatoes in specified counties for which a disaster
          designation was issued based on excessive moisture and related conditions for the
          2009 crop year. This rule specifies the eligibility requirements, payment calculations,
          and application procedures for the Crop Assistance Program, which will provide up
          to $550 million to eligible producers.

          The Congressional Review Act (CRA) requires a 60-day delay in the effective date of
          a major rule from the date of publication in the Federal Register or receipt of the rule
          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 comment procedures are impractical, unnecessary, or contrary to
          the public interest is to take effect when the promulgating agency so determines.
          5 U.S.C. §§ 553(d)(3), 808(2). FSA determined that because this rule concerns


GAO-11-175R

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