Rule2023-12912
Pandemic Assistance Programs and Agricultural Disaster Assistance Programs
Primary source
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Published
June 20, 2023
Effective
June 20, 2023
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
The Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are making technical corrections to certain regulations that were published on January 11, 2023. These technical corrections will be made to: Phase 2 of the Emergency Relief Program (ERP); the Emergency Conservation Program (ECP); and the Emergency Forest Restoration Program (EFRP).
Full Text
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<title>Federal Register, Volume 88 Issue 117 (Tuesday, June 20, 2023)</title>
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[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Rules and Regulations]
[Pages 39767-39768]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12912]
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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.
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Parts 701 and 760
[Docket ID: USDA-2021-0012]
RIN 0503-AA75
Pandemic Assistance Programs and Agricultural Disaster Assistance
Programs
AGENCY: Commodity Credit Corporation (CCC), Farm Service Agency (FSA),
and Office of the Secretary, Department of Agriculture (USDA).
ACTION: Technical correction.
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SUMMARY: The Commodity Credit Corporation (CCC) and the Farm Service
Agency (FSA) are making technical corrections to certain regulations
that were published on January 11, 2023. These technical corrections
will be made to: Phase 2 of the Emergency Relief Program (ERP); the
Emergency Conservation Program (ECP); and the Emergency Forest
Restoration Program (EFRP).
DATES: Effective June 20, 2023.
FOR FURTHER INFORMATION CONTACT: For ERP: Kathy Sayers; telephone:
(202) 720-7649; email: <a href="/cdn-cgi/l/email-protection#0962687d6170277a68706c7b7a497c7a6d68276e667f"><span class="__cf_email__" data-cfemail="1f747e6b7766316c7e667a6d6c5f6a6c7b7e31787069">[email protected]</span></a>. For ECP and EFRP: Shanita
Landon; telephone: (202) 690-1612; email: <a href="/cdn-cgi/l/email-protection#a5d6cdc4cbccd1c48bc9c4cbc1cacbe5d0d6c1c48bc2cad3"><span class="__cf_email__" data-cfemail="9deef5fcf3f4e9fcb3f1fcf3f9f2f3dde8eef9fcb3faf2eb">[email protected]</span></a>.
Individuals who require alternative means for communication should
contact the USDA Target Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
ECP and EFRP
FSA announced changes made to ECP in a final rule on January 11,
2023 (88 FR 1862-8892). FSA inadvertently omitted a modification in 7
CFR 701.111 (applicable to ECP) and 7 CFR 701.211 (applicable to EFRP)
to clarify sources of Federal funding that would be considered a
duplicative payment. This correction amends the ECP regulation in 7 CFR
701.111(a) by striking ``or State'' and provides additional clarity to
the EFRP regulation in 7 CFR 701.211 by inserting ``Federal''
throughout to describe the funding sources that would be considered a
duplicative payment. In addition, we are correcting a typographical
error by inserting the word ``or'' after paragraph (a)(3) to clarify
the items in 7 CFR 701.111(a).
ERP Phase 2
FSA announced ERP Phase 2 in the final rule published on January
11, 2023. This document amends the ERP Phase 2 provisions in 7 CFR
760.1903 to address an unintended gap in how certain crop losses may be
accounted for in a producer's payment based on allowable gross revenue.
This amendment provides a method for including in allowable gross
revenue a value for certain crops, as determined by the Deputy
Administrator, produced by a producer that do not generate revenue for
the producer directly from the sale of the crop and that the producer
uses within their ordinary operation. This would include, for example,
wine makers who grow their own wine grapes and process those grapes
into wine and producers of forage crops who store the crop to feed to
livestock on their farm. These producers would not have revenue from
the sale of the portion of their crop used for these purposes to
include in their allowable gross revenue.
Wine grapes used to process grapes into wine and forage crops that
are stored and fed to livestock have been determined by the Deputy
Administrator to qualify for this method. The value of the eligible
crop will be based on the producer's actual production of the crop and
a price for the crop determined by the producer based on the best
available data for each crop, such as published price data for the crop
\1\ or the average price obtained by other producers in the area, as
determined by the Deputy Administrator and published through guidance
on FSA's website.\2\ This provision does not cover crops that were sold
by a producer.
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\1\ Published sources of price data that the Deputy
Administrator may consider include, but are not limited to, Federal
Crop Insurance Corporation-established prices, FSA-established
National Crop Table prices, and National Agricultural Statistic
Service prices.
\2\ See <a href="https://www.fsa.usda.gov/programs-and-services/emergency-relief/index">https://www.fsa.usda.gov/programs-and-services/emergency-relief/index</a>.
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This document corrects Sec. 760.1903(a)(4) and (5) to specify that
benefits for the listed agricultural programs and CCC loans that are
treated as income and reported to the IRS are included in a producer's
allowable gross revenue if those benefits or CCC loans are for eligible
crops. This document also corrects the regulation in Sec. 760.1906
regarding the payment limitation for ERP Phase 2. As explained in the
prior notice of funds availability for ERP Phase 1, published on May
18, 2022 (87 FR 30164-30172), and in the final rule that included ERP
Phase 2, published on January 11, 2023, ERP is administered under 2
phases using shared payment limitations. As under similar FSA programs,
a single ERP payment limitation will be applied based on the program
year of a payment, regardless of whether the payment is issued under
ERP Phase 1 or Phase 2. FSA will not combine payments from different
program years for the purpose of payment limitation. This change is
consistent with how FSA has implemented ERP and does not affect any
payments that have been issued; it is being corrected in this document
to reflect how ERP has been administered.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and 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.
Individuals 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 (voice and text telephone (TTY) or
dial 711 for
[[Page 39768]]
Telecommunications Relay Service (both voice and text telephone users
can initiate this call from any telephone). 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#2e616f6d6e5b5d4a4f00494158"><span class="__cf_email__" data-cfemail="2b646a686b5e584f4a054c445d">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects
7 CFR Part 701
Disaster assistance, Environmental protection, Forests and forest
products, Grant programs--agriculture, Grant programs--natural
resources, Reporting and recordkeeping requirements, Rural areas, Soil
conservation, Water resources, Wildlife.
7 CFR Part 760
Dairy products, Indemnity payments, Reporting and recordkeeping
requirements.
PART 701--EMERGENCY CONSERVATION PROGRAM, EMERGENCY FOREST
RESTORATION PROGRAM, AND CERTAIN RELATED PROGRAMS PREVIOUSLY
ADMINISTERED UNDER THIS PART
0
1. The authority citation for part 701 continues to read as follows:
Authority: 16 U.S.C. 2201-2206; Sec. 101, Pub. L. 109-148, 119
Stat. 2747; and Pub. L. 111-212, 124 Stat. 2302.
Subpart B--Emergency Conservation Program
Sec. 701.111 Amended]
0
2. Amend Sec. 701.111 as follows:
0
a. In paragraph (a) introductory text remove the words ``or State'';
0
b. In paragraph (a)(3) remove the ``expenses.'' and add ``expenses;
or'' in its place; and
0
c. In paragraph (a)(4) remove the words ``other program'' and add
``other Federal program'' in their place.
Subpart C--Emergency Forest Restoration Program
Sec. 701.211 Amended]
0
3. Amend Sec. 701.211 as follows:
0
a. In paragraph (a) remove the words ``funding for'' and add the words
``federal funding for'' in their place;
0
b. In paragraph (a)(5), remove the words ``other program'' and add
``other Federal program'' in their place; and
0
c. In paragraph (b), remove the words ``duplicate funds'' and add
``duplicate Federal funds'' in their place and remove the words ``all
programs'' and add ``all Federal programs'' in their place.
PART 760--INDEMNITY PAYMENT PROGRAMS
0
4. The authority citation for part 760 continues to read as follows:
Authority: 7 U.S.C. 4501 and 1531; 16 U.S.C. 3801, note; 19
U.S.C. 2497; Title III, Pub. L. 109-234, 120 Stat. 474; Title IX,
Pub. L. 110-28, 121 Stat. 211; Sec. 748, Pub. L. 111-80, 123 Stat.
2131; Title I, Pub. L. 115-123, 132 Stat. 65; Title I, Pub. L. 116-
20, 133 Stat. 871; Division B, Title VII, Pub. L. 116-94, 133 Stat.
2658; and Division B, Title I, Pub. L. 117-43, 135 Stat. 344.
Subpart S--Emergency Relief Program
0
5. Amend Sec. 760.1903 as follows:
0
a. In paragraph (a)(4), remove the word ``under'' and add ``for
eligible crops under'' in its place;
0
b. In paragraph (a)(5), remove the word ``loans,'' and add ``loans for
eligible crops,'' in its place; and
0
c. Add paragraph (j).
The addition reads as follows.
Sec. 760.1903 Allowable gross revenue.
* * * * *
(j) The Deputy Administrator may determine that certain eligible
crops produced by a producer that do not generate revenue for the
producer directly from the sale of the crop and that the producer uses
within their ordinary operation may be included in a producer's
allowable gross revenue. This determination is at the Deputy
Administrator's discretion. The value of the eligible crop reported in
the producer's allowable gross revenue will be based on the producer's
actual production of the crop and a price for the crop based on the
best available data for each crop, as determined by the Deputy
Administrator and published through guidance on FSA's website.
Sec. 760.1906 Amended]
0
6. In paragraphs (a)(2), (b)(1)(ii), and (b)(2)(ii) of Sec. 760.1906,
remove the phrase ``years 2021 and 2022'', and add ``year 2021'' in
their places.
Zach Ducheneaux,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2023-12912 Filed 6-16-23; 8:45 am]
BILLING CODE 3411-E2-P
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