Rule2022-07209
Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP) Programs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 6, 2022
Effective
April 6, 2022
Issuing agencies
Agriculture DepartmentCommodity Credit Corporation
Abstract
This rule makes changes to the Emergency Assistance for Livestock, Honey Bees, and Farm-raised Fish Program (ELAP) to assist producers with the cost of transporting feed to livestock intended for grazing and the cost of transporting livestock intended for grazing to feed. This rule amends the definition of "eligible drought" to cover situations in which any area of a county has been rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity for at least 8 consecutive weeks, which will expand the availability of drought assistance for water transportation and honey bee feed losses. It also removes the restriction on providing assistance for transportation of water to livestock located on land enrolled in the Conservation Reserve Program (CRP).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 66 (Wednesday, April 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Rules and Regulations]
[Pages 19783-19786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07209]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 87, No. 66 / Wednesday, April 6, 2022 / Rules
and Regulations
[[Page 19783]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1416
[Docket ID: CCC-2022-0001]
RIN 0560-AI63
Emergency Assistance for Livestock, Honey Bees, and Farm-Raised
Fish Program (ELAP) Programs
AGENCY: Commodity Credit Corporation (CCC) and Farm Service Agency
(FSA), USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes changes to the Emergency Assistance for
Livestock, Honey Bees, and Farm-raised Fish Program (ELAP) to assist
producers with the cost of transporting feed to livestock intended for
grazing and the cost of transporting livestock intended for grazing to
feed. This rule amends the definition of ``eligible drought'' to cover
situations in which any area of a county has been rated by the U.S.
Drought Monitor as having a D2 (severe drought) intensity for at least
8 consecutive weeks, which will expand the availability of drought
assistance for water transportation and honey bee feed losses. It also
removes the restriction on providing assistance for transportation of
water to livestock located on land enrolled in the Conservation Reserve
Program (CRP).
DATES: Effective April 6, 2022.
FOR FURTHER INFORMATION CONTACT: Tona Huggins; telephone: (202) 720-
6825; email: <a href="/cdn-cgi/l/email-protection#adf9c2c3cc83e5d8cacac4c3deedd8dec9cc83cac2db"><span class="__cf_email__" data-cfemail="0a5e65646b24427f6d6d6364794a7f796e6b246d657c">[email protected]</span></a>. Persons with disabilities who
require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Background
ELAP provides financial assistance to eligible producers of
livestock, honey bees, and farm-raised fish for losses due to disease,
certain adverse weather events, and loss conditions, including
blizzards and wildfires, as determined by the Secretary. ELAP provides
assistance for losses that are not covered by the Livestock Forage
Disaster Program (LFP) and the Livestock Indemnity Program (LIP). This
rule makes discretionary changes to ELAP to better assist producers who
face severe drought conditions.
FSA, which administers ELAP on behalf of CCC, is making
discretionary changes to the ELAP regulations in 7 CFR part 1416,
subpart B; specifically, in Sec. Sec. 1416.103, 1416.106, and 1416.110
to assist producers with the cost of transporting feed to livestock
intended for grazing and the cost of transporting livestock to feed,
when the livestock are intended for grazing. Livestock producers in
areas suffering from eligible adverse weather, an eligible loss
condition, or eligible drought, who often produce feed on the farm, may
find it hard to acquire forage locally. As a result, those producers
may be forced to transport feed from unaffected areas or to transport
livestock to feed in unaffected areas, which results in additional
hauling costs.
To be eligible for ELAP assistance for feed or livestock
transportation costs, producers must have incurred costs for additional
mileage above normal on or after January 1, 2021, for transporting feed
to livestock or livestock to feed. ELAP assistance for the
transportation of livestock is only available for the transportation of
livestock to feed or feed to livestock, not the return of the animals
to their originating location or unloaded truck miles following the
delivery of feed. Payments will be calculated by multiplying a national
payment rate, as determined in Sec. 1416.109 of the existing ELAP
regulations, by the national average price per mile to transport a
truckload of eligible livestock or livestock feed, multiplied by the
actual number of additional miles the feed or livestock was transported
by the producer in excess of 25 miles per truckload of livestock or
livestock feed and for no more than 1,000 miles per truckload of
livestock or feed during the program year. The payment calculation is
based on a national average price per mile, determined by the Deputy
Administrator of Farm Programs for FSA (Deputy Administrator) using a
national cost formula developed by FSA. The national average price per
mile for each program year will be based on an annual update to the
national cost formula which considers the cost of hauling feed or
animals above normal mileage, not to include the first 25 miles. The
national average price per mile considers the average cost for hauling
a truckload of forage or livestock from sources 200 miles away. This
national average price per mile may differ from year to year due to
changes in fuel costs, truck availability, and driver availability. The
Deputy Administrator may determine a different price per mile for a
particular state, if the Deputy Administrator determines that a
different price is necessary due to differences in state hauling costs
compared to national average costs. The original physical location of
the livestock will determine the applicable state for payment purposes.
Differences in state hauling costs necessitating a different price for
a state are expected to be rare.
Payments for losses resulting from costs associated with treating
livestock feed transported above normal mileage to prevent the spread
of invasive pests will be calculated by multiplying a national payment
rate, as determined in Sec. 1416.109 of the existing ELAP regulations,
by the producer's actual cost for controlling invasive pests in
livestock feed transported above normal.
This rule also amends the definition of ``eligible drought'' for
ELAP in Sec. 1416.102 to specify how it applies to losses due to the
cost to transport livestock and feed as described above, and to cover
situations where any area of a county has been rated by the U.S.
Drought Monitor as having either a:
<bullet> D2 (severe drought) intensity for at least 8 consecutive
weeks for the specific type of eligible grazing land or pastureland for
the county; or
<bullet> D3 (extreme drought) or D4 (exceptional drought) intensity
for the specific type of eligible grazing land or pastureland for the
county, as determined by the Secretary.
Previously, a drought rating of D3 was required to qualify as
``eligible drought'' for water transportation and honey bee feed loss
eligibility. This change will expand the availability of drought
assistance for water transportation and honey bee feed loss and is
consistent with the drought rating that is
[[Page 19784]]
applicable to LFP as specified in Sec. 1416.205 and Secretarial
disaster area designations as specified in Sec. 759.5(a). This rule
also removes the restriction in Sec. 1416.103(d)(5) on providing
assistance for transportation of water to livestock located on land
enrolled in CRP.
This rule also makes minor technical corrections to Sec. Sec.
1416.106(c)(3), 1416.110(a)(4), 1416.110(b).
Notice and Comment, Paperwork Reduction Act, Congressional Review Act,
and Effective Date
The Administrative Procedure Act (APA, 5 U.S.C. 553(a)(2)) provides
that the notice and comment and 30-day delay in the effective date
provisions do not apply when the rule involves specified actions,
including matters relating to benefits or contracts. This rule governs
ELAP, which provides benefit payments and therefore falls within that
exemption.
Further, as specified in 7 U.S.C. 9091, the regulations to
implement ELAP are:
<bullet> Exempt from the notice and comment provisions of 5 U.S.C.
553; and
<bullet> Exempt from the Paperwork Reduction Act (44 U.S.C. chapter
35).
This rule is exempt from the regulatory analysis requirements of
the Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
The requirements for the regulatory flexibility analysis in 5 U.S.C.
603 and 604 are specifically tied to the requirement for a proposed
rule by section 553 or any other law; in addition, the definition of
rule in 5 U.S.C. 601 is tied to the publication of a proposed rule.
This is not a major rule under the Congressional Review Act (CRA),
as defined by 5 U.S.C. 804(2). Therefore, FSA is not required to delay
the effective date for 60 days from the date of publication to allow
for Congressional review.
Therefore, this rule is effective upon publication in the Federal
Register.
Executive Orders 12866 and 13563
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits. The assessment should
include potential economic, environmental, public health and safety
effects, distributive impacts, and equity. Executive Order 13563
emphasized the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility. The
requirements in Executive Orders 12866 and 13563 for the analysis of
costs and benefits apply to rules that are determined to be
significant.
The Office of Management and Budget (OMB) designated this rule as
not significant under Executive Order 12866 and therefore, OMB has not
reviewed this rule and an analysis of costs and benefits to loans is
not required under either Executive Order 12866 or 13563.
Environmental Review
The environmental impacts of this final rule have been considered
in a manner consistent with the provisions of the National
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations
of the Council on Environmental Quality (40 CFR parts 1500-1508), and
because USDA will be making the payments to producers, the USDA
regulation for compliance with NEPA (7 CFR part 1b).
This rule implements discretionary amendments for ELAP. The
discretionary aspects are to improve administration of the programs and
clarify existing program requirements. FSA is providing the disaster
assistance under ELAP to eligible producers. The discretionary
provisions would not alter any environmental impacts resulting from
implementing the mandatory changes to those programs. Accordingly,
these discretionary aspects are coved by the following Categorical
Exclusion in 7 CFR 799.31(b)(6)(vi) safety net programs administrated
by FSA.
Through this review, FSA determined that the proposed discretionary
changes in this rule fit within the categorical exclusions listed
above. Categorical exclusions apply when no extraordinary circumstances
(Sec. 799.33) exist. This rule presents only discretionary amendments
that will not have an impact on the human environments, individually or
cumulatively. Therefore, FSA will not prepare an environmental
assessment or environmental impact statement for this rule. This rule
serves as documentation of the programmatic environmental compliance
decision for this federal action.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, ``Civil
Justice Reform.'' This rule will not preempt State or local laws,
regulations, or policies unless they represent an irreconcilable
conflict with this rule. Payments for transportation of feed and
livestock will be made retroactively starting on January 1, 2021, as
discussed above. Before any judicial actions may be brought regarding
the provisions of this rule, the administrative appeal provisions of 7
CFR parts 11 and 780 are to be exhausted.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires Federal agencies
to consult and coordinate with Tribes on a government-to-government
basis on policies that have Tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian Tribes, on the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
USDA has assessed the impact of this rule on Indian Tribes and
determined that this rule does not, to our knowledge, have Tribal
implications that required Tribal consultation under Executive Order
13175 at this time. If a Tribe requests consultation, the USDA Office
of Tribal Relations (OTR) will ensure meaningful consultation is
provided where changes, additions, and modifications are not expressly
mandated by law. Outside of Tribal consultation, USDA is working with
Tribes to provide information about pandemic assistance, agricultural
disaster assistance, and other issues.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L.
104-4) requires Federal agencies to assess the effects of their
regulatory actions of State, local, and Tribal governments or the
private sector. Agencies generally must prepare a written statement,
including cost benefits analysis, for proposed and final rules with
Federal mandates that may result in expenditures of $100 million or
more in any 1 year for State, local or Tribal governments, in the
aggregate, or to the private sector. UMRA generally requires agencies
to consider alternatives and adopt the more cost effective or least
burdensome alternative that achieves the objectives of the rule. This
rule contains no Federal mandates, as defined in Title II of UMRA, for
State, local and Tribal governments or the private sector. Therefore,
this rule is not subject to the requirements of sections 202 and 205 of
UMRA.
[[Page 19785]]
Federal Assistance Programs
The title and number of the Federal Domestic Assistance Program
found in the Catalog of Federal Domestic Assistance to which this rule
applies are 10.091--Emergency Assistance for Livestock, Honey Bees, and
Farm-raised Fish Program.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family or parental status, income derived from a public
assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or
funded by USDA (not all bases apply to all programs). Remedies and
complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (for example, braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Agency or USDA TARGET Center at (202) 720-2600 or (844)
433-2774 (toll-free nationwide). Additionally, program information may
be made available in languages other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and
at any USDA office or write a letter addressed to USDA and provide in
the letter all the information requested in the form. To request a copy
of the complaint form, call (866) 632-9992. Submit your completed form
or letter to USDA by mail to: U.S. Department of Agriculture, Office of
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
Washington, DC 20250-9410 or email: <a href="/cdn-cgi/l/email-protection#014e404241747265602f666e77"><span class="__cf_email__" data-cfemail="9dd2dcdedde8eef9fcb3faf2eb">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 7 CFR Part 1416
Administrative practice and procedure, Agriculture, Bees, Dairy
products, Disaster assistance, Fruits, Livestock, Nursery stock,
Reporting and recordkeeping requirements, Seafood.
For the reasons discussed above, this final rule amends 7 CFR part
1416 as follows:
PART 1416--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS
0
1. The authority citation for part 1416 continues to read as follows:
Authority: Title I, Pub. L. 113-79, 128 Stat. 649; Title I, Pub.
L. 115-123; Title VII, Pub. L. 115-141; and Title I, Pub. L. 116-20.
Subpart B--Emergency Assistance for Livestock, Honeybees, and Farm-
Raised Fish Program
0
2. In Sec. 1416.102, revise the definition of ``eligible drought'' to
read as follows.
Sec. 1416.102 Definitions.
* * * * *
Eligible drought means that any area of the county has been rated
by the U.S. Drought Monitor as having D2 (severe drought) intensity for
at least 8 consecutive weeks for the specific type of eligible grazing
land or pastureland for the county, or D3 (extreme drought) or D4
(exceptional drought) intensity for the specific type of eligible
grazing land or pastureland for the county, as determined by the
Secretary:
(1) At any time during the program year, for additional honey bee
feed loss;
(2) That directly impacts water availability at any time during the
normal grazing period (for example, snow pack that feeds streams and
springs), as determined by the Deputy Administrator or designee, for
losses resulting from transporting water to livestock; or
(3) At any time during the normal grazing period, for losses
resulting from the additional cost incurred to transport livestock feed
or eligible livestock to feed, for additional mileage above normal.
* * * * *
0
3. In Sec. 1416.103, revise paragraph (d)(5) introductory text and add
paragraph (d)(6) to read as follows.
Sec. 1416.103 Eligible losses, adverse weather, and other loss
conditions.
* * * * *
(d) * * *
(5) A loss resulting from the additional cost of transporting water
to eligible livestock as specified in Sec. 1416.104(a) due to eligible
adverse weather, eligible loss condition, or eligible drought, as
determined by the Deputy Administrator, including, but not limited to,
costs associated with water transport equipment rental fees, labor, and
contracted water transportation fees. The cost of the water is not
eligible for payment. To be eligible for additional cost of
transporting water to eligible livestock, the livestock must be
livestock that would normally have been grazing on eligible grazing
lands that meet all of the following:
* * * * *
(6) A loss resulting from the additional cost incurred on or after
January 1, 2021, to transport, eligible livestock to feed or livestock
feed to eligible livestock for additional mileage above normal, due to
eligible adverse weather, an eligible loss condition, or eligible
drought, as determined by the Deputy Administrator, including costs
associated with treating livestock feed to prevent the spread of
invasive pests. The cost of the feed is not eligible for payment.
Negligence, mismanagement, or wrongdoing by the producer is not
considered an eligible loss condition for livestock or feed
transportation costs. To be eligible for a loss under this paragraph,
the livestock must be livestock that would normally have been on
eligible grazing lands physically located in the county where the
eligible adverse weather, eligible loss condition, or eligible drought,
as determined by the Deputy Administrator, occurred.
* * * * *
0
4. In Sec. 1416.104, revise paragraph (a) introductory text, paragraph
(b) introductory text, and paragraph (c) introductory text to read as
follows.
Sec. 1416.104 Eligible livestock, honeybees, and farm-raised fish.
(a) To be considered eligible livestock for livestock grazing and
feed; losses resulting from transporting water, feed, and livestock;
and gathering livestock to treat for cattle tick fever; livestock must
meet all the following conditions:
* * * * *
(b) The eligible livestock types for grazing and feed losses;
losses resulting from transporting water, feed, and livestock; and
gathering livestock to treat for cattle tick fever are:
* * * * *
(c) Ineligible livestock for grazing and feed losses and losses
resulting from transporting water, feed, and livestock include, but are
not limited to:
* * * * *
0
5. In Sec. 1416.105, revise paragraph (a) introductory text to read as
follows.
Sec. 1416.105 Eligible producers, owners, and contract growers.
(a) To be considered an eligible livestock producer and receive
payments for feed losses; losses
[[Page 19786]]
resulting from transporting water, feed, or livestock; and gathering
livestock to treat for cattle tick fever; the participant must have:
* * * * *
0
6. In Sec. 1416.106:
0
a. Revise paragraph (a)(2)(i);
0
b. In paragraph (c)(3), remove the words ``A loss resulting from the
additional cost incurred for'' and add the words ``Additional cost of''
in their place; and
0
c. Add paragraph (c)(5).
The revision and addition read as follows.
Sec. 1416.106 Notice of loss and application process.
(a) * * *
(2) * * *
(i) For livestock feed and grazing losses; losses resulting from
transporting water, feed, and livestock; and gathering livestock to
treat for cattle tick fever; a completed Emergency Loss Assistance for
Livestock Application;
* * * * *
(c) * * *
(5) Additional cost incurred to transport eligible livestock to
feed or livestock feed to eligible livestock for additional mileage
above normal, due to an eligible adverse weather, an eligible loss
condition, or eligible drought, as determined by the Deputy
Administrator, including costs associated with treating livestock feed
to prevent the spread of invasive pests. Verifiable or reliable records
include, but are not limited to, commercial receipts, contemporaneous
records, and invoices. Records must clearly indicate the dates on which
livestock or feed was transported and the total mileage transported.
* * * * *
0
7. In Sec. 1416.110:
0
a. In paragraph (a)(4), remove the semicolon at the end of the
paragraph and add a period in its place;
0
b. In paragraph (b) introductory text, remove the word ``more'' and add
``more than'' in its place, and remove the word ``calculated'' and add
``will be calculated'' in its place;
0
c. Redesignate paragraph (n) as paragraph (q); and
0
d. Add new paragraph (n) and paragraphs (o) and (p).
The additions read as follows.
Sec. 1416.110 Livestock payment calculations.
* * * * *
(n) Payments for losses resulting from the additional cost of
transporting eligible livestock to feed or livestock feed to eligible
livestock, for additional mileage above normal, in excess of 25 miles
per truckload and for no more than 1,000 miles per truckload of
livestock or livestock feed during the program year, as specified in
Sec. 1416.103(d)(6) will be calculated based on a national payment
rate, as determined in Sec. 1416.109, multiplied by:
(1) The national average price per mile to transport a truckload of
livestock or livestock feed; and
(2) The actual number of additional miles above normal to transport
livestock or livestock feed by an eligible producer, in excess of 25
miles per truckload of livestock or feed and for no more than 1,000
miles per truckload of livestock or feed during the program year.
(o) The national average price per mile to transport a truckload of
livestock or feed to be used in the calculation for paragraph (n)(1) of
this section is determined by the Deputy Administrator for each program
year using a national cost formula developed by FSA based on the cost
of hauling feed or livestock above normal mileage, not to include the
first 25 miles. The national average price per mile considers the
average cost for hauling a truckload of forage or livestock from
sources 200 miles away. The Deputy Administrator may determine a
different price per mile for a particular state, if the Deputy
Administrator determines that a different price is necessary due to
differences in state hauling costs compared to national average costs.
The original physical location of the livestock will determine the
applicable state for payment purposes.
(p) Payments for losses resulting from costs associated with
treating livestock feed transported above normal to prevent the spread
of invasive pests, as specified in Sec. 1416.103(d)(6), will be
calculated based on a national payment rate, as determined in Sec.
1416.109, multiplied by the producer's actual cost for controlling
invasive pests in livestock feed transported above normal.
* * * * *
Robert Ibarra,
Executive Vice President, Commodity Credit Corporation.
Marcus Graham,
Acting Administrator, Farm Service Agency.
[FR Doc. 2022-07209 Filed 4-5-22; 8:45 am]
BILLING CODE 3410-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 6, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.