Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program, Livestock Indemnity Program, and General Provisions for Supplemental Agricultural Disaster Assistance Programs, 54072-54075 [2011-22323]
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54072
Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
relocation due to PCS orders. This
commenter believes agencies have been
applying the 2-year eligibility period for
PCS spouses inconsistently. As noted in
the preceding paragraph, eligibility for
PCS spouses begins on the date of the
service member’s PCS orders. We
believe this is a clear standard that can
and should be applied consistently.
One commenter stated these
provisions do not apply to military
spouses in the Department of Defense’s
(DoD) Priority Placement Program.
Neither E.O. 13473 nor OPM’s
implementing regulation prevents an
individual in any DoD military spouse
program from utilizing these provisions,
assuming that individual is otherwise
eligible under 5 CFR 315.612.
Another commenter stated that
service members should have the same
hiring advantage as military spouses.
Executive Order 13473 authorizes
noncompetitive appointment only for
certain military spouses. We do note
that service members may be eligible
under several veterans-specific hiring
authorities, including Veterans
Recruitment Act (VRA) appointments.
In addition, service members may be
entitled to veterans’ preference,
depending on when they served on
active duty and the character of that
service.
One individual asked that we clarify
whether these provisions apply to
military spouses who are current
Federal employees, or individuals who
have never been in Federal service.
These provisions apply to any military
spouse who is otherwise eligible under
section 315.612.
Another commenter asked whether
the proposed changes apply to all
widows of 100 percent disabled
veterans. Per E.O. 13473, the proposed
changes apply to any spouse of a service
member who incurred a 100 percent
disability because of the service
member’s active duty service, provided
the individual is otherwise eligible
under section 315.612.
One individual commented that nonmilitary spouses should have the same
opportunity for obtaining a Federal job
as do military spouses. As noted above,
E.O. 13473 authorizes noncompetitive
appointment only for certain military
spouses. Individuals not eligible under
this authority must seek consideration
under any hiring authority for which
they are eligible, or apply through the
competitive examining process. Use of
the military spouse hiring authority, as
is the case with all other
noncompetitive hiring authorities, is
completely discretionary on the part of
the hiring agency. This authority does
not constitute, establish, or convey a
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hiring preference or a selection priority
for eligible military spouses.
Two of the comments we received
were beyond the scope of the proposed
changes. One individual asked that
OPM reinstitute the Defense Civilian
Intelligence Personnel System (DCIPS)
interchange agreement. The other
commenter suggested an improvement
in the USAJOBS Web site.
Executive Order 13563 and Executive
Order 12855, Regulatory Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with E.O. 13563 and E.O.
12866.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because it affects only Federal agencies
and employees.
List of Subjects in 5 CFR Part 315
Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is amending 5 CFR
part 315 as follows:
PART 315—CAREER AND CAREERCONDITIONAL EMPLOYMENT
1. The authority citation for part 315
continues to read as follows:
■
Authority: 5 U.S.C. 1302, 3301, and 3302;
E.O. 10577, 3 CFR, 1954–1958 Comp. p. 218,
unless otherwise noted; and E.O. 13162.
Secs. 315.601 and 315.609 also issued under
22 U.S.C. 3651 and 3652. Secs. 315.602 and
315.604 also issued under 5 U.S.C. 1104. Sec.
315.603 also issued under 5 U.S.C. 8151. Sec.
315.605 also issued under E.O. 12034, 3 CFR,
1978 Comp. p. 111. Sec. 315.606 also issued
under E.O. 11219, 3 CFR, 1964–1965 Comp.
p. 303. Sec. 315.607 also issued under 22
U.S.C. 2506. Sec. 315.608 also issued under
E.O. 12721, 3 CFR, 1990 Comp. p. 293. Sec.
315.610 also issued under 5 U.S.C. 3304(c).
Sec. 315.611 also issued under 5 U.S.C.
3304(f). Sec. 315.612 also under E.O. 13473.
Sec. 315.708 also issued under E.O. 13318,
3 CFR, 2004 Comp. p. 265. Sec. 315.710 also
issued under E.O. 12596, 3 CFR, 1978 Comp.
p. 229. Subpart I also issued under 5 U.S.C.
3321, E.O. 12107, 3 CFR, 1978 Comp. p. 264.
Subpart F—Career or CareerConditional Appointment Under
Special Authorities
2. In § 315.612, revise paragraph (d)(1)
to read as follows:
■
§ 315.612 Noncompetitive appointment of
certain military spouses.
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(d) Conditions. (1) In accordance with
the provisions of this section, spouses
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are eligible for noncompetitive
appointment:
(i) For a maximum of 2 years from the
date of the service member’s permanent
change of station orders;
(ii) From the date of documentation
verifying the member of the armed
forces is 100 percent disabled; or
(iii) From the date of documentation
verifying the member of the armed
forces was killed while on active duty.
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[FR Doc. 2011–22268 Filed 8–30–11; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560–AH95
Emergency Assistance for Livestock,
Honeybees, and Farm-Raised Fish
Program, Livestock Indemnity
Program, and General Provisions for
Supplemental Agricultural Disaster
Assistance Programs
Farm Service Agency, USDA.
Final rule, technical
amendment.
AGENCY:
ACTION:
The Farm Service Agency
(FSA) is making several clarifying
amendments and corrections to the
regulations for the Emergency
Assistance for Livestock, Honeybees,
and Farm-Raised Fish Program (ELAP)
and the Livestock Indemnity Program
(LIP) to clarify when livestock death
losses must have occurred to be eligible
losses for LIP and ELAP benefits. This
rule also clarifies when adverse weather
events or loss conditions must have
occurred to be eligible losses of
livestock, honeybee, crops, and farmraised fish for ELAP and Supplemental
Revenue Assistance Payments Program
(SURE) benefits. This rule clarifies an
equitable relief provision for the risk
management purchase requirement that
applies to the Supplemental
Agricultural Disaster Assistance
Programs, authorized by the Food,
Conservation, and Energy Act of 2008
(the 2008 Farm Bill), except LIP.
DATES: Effective Date: August 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Candace Thompson; phone (202) 720–
7641; e-mail:
Candy.Thompson@wdc.usda.gov.
Persons with disabilities or 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).
SUMMARY:
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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
This rule
makes minor clarifying amendments
and corrections to the regulations that
were published to implement disaster
assistance programs authorized by the
2008 Farm Bill (Pub. L. 110–246). This
rule amends the regulations to specify
dates for eligible losses for SURE, ELAP
and LIP, and to amend an equitable
relief provision for the risk management
purchase requirement for the
Supplemental Agricultural Disaster
Assistance Programs, except LIP. The
Supplemental Agricultural Disaster
Assistance Programs authorized by the
2008 Farm Bill include ELAP, LIP, the
Livestock Forage Disaster Program
(LFP), SURE, and the Tree Assistance
Program (TAP).
A final rule for ELAP was published
in the Federal Register on September
11, 2009 (74 FR 46665–46683) and
amendments were published in the
Federal Register on April 14, 2010 (75
FR 19185–19193). The final rule that
included both the specific provisions for
LIP and the general provisions that
apply to all the Supplemental
Agricultural Disaster Assistance
Programs was published in the Federal
Register on July 2, 2009 (74 FR 31567–
31578). The final rule for SURE was
published in the Federal Register on
December 28, 2009 (74 FR 68480–
68498) and amendments were published
in the Federal Register on April 14,
2010 (75 FR 19185–19193).
The amendments in this rule are
needed to clarify the dates for eligible
losses, to clarify that it is the producer’s
responsibility to provide documentation
to justify equitable relief for the risk
management purchase requirement, and
to correct typographical errors.
Amendments to General Provisions for
Equitable Relief
7 CFR part 760 ‘‘Indemnity Payment
Programs,’’ Subpart B, ‘‘General
Provisions for Supplemental
Agricultural Disaster Assistance
Programs’’ specifies the general
provisions that apply to all the
Supplemental Agricultural Disaster
Assistance Programs authorized by the
2008 Farm Bill. This rule clarifies a
provision in Subpart B that specifies the
requirements for equitable relief of the
risk management purchase requirement.
As specified in the 2008 Farm Bill
and in Subpart B, all of the
Supplemental Agricultural Disaster
Assistance Programs except LIP have a
risk management purchase requirement.
This means that producers must have
purchased insurance or Noninsured
Crop Disaster Assistance Program (NAP)
coverage, as applicable, to be eligible for
disaster assistance benefits. The current
regulations specify that except for
grazing land, producers must have
obtained insurance or NAP coverage for
all of their crops to be eligible for ELAP,
SURE, and TAP, and for LFP, producers
must have obtained insurance or NAP
coverage for those grazing lands for
which they seek benefits to be eligible.
Producers who fail to meet the risk
management purchase requirement are
not eligible for benefits unless an
exception applies. Exceptions include
the Secretary’s authority to grant
equitable relief on a case-by-case basis
to producers who fail to meet the risk
management purchase requirement
through no fault of their own and
unintentionally.
The risk management purchase
requirement is not changing with this
rule, and neither are the exceptions to
it. This rule amends § 760.106 to clarify
that if equitable relief is sought, it is a
producer’s responsibility to provide
evidence, to the satisfaction of FSA, that
the failure to meet the requirement was
unintentional. It is not FSA’s
responsibility to provide documentation
that a failure to meet the risk
management purchase requirement was
or was not intentional. It is the producer
who has failed to meet the risk
management purchase requirement and
who is seeking relief for that failure who
must provide evidence as to intent, to
the satisfaction of FSA. This clarifying
amendment will impact all producers
who seek equitable relief for the reason
of unintentional failure to meet the risk
management purchase requirement, by
requiring them to provide evidence of
intent.
This rule also makes a correction to
section § 760.107 to correct an internal
paragraph reference.
Amendments to Eligible Loss Dates for
ELAP and LIP
This rule makes a technical correction
to 7 CFR 760, subpart C, ‘‘Emergency
Assistance for Livestock, Honeybees,
and Farm-Raised Fish Program,’’ to
clarify dates for eligible ELAP livestock,
honeybee, and farm-raised fish losses.
This correction is being made to be
consistent with the program eligibility
dates specified in the 2008 Farm Bill. A
parallel change is being made to Subpart
E, ‘‘Livestock Indemnity Program,’’ to
clarify the dates on which livestock
deaths must have occurred to qualify as
an eligible loss and to Subpart G,
‘‘Supplemental Revenue Assistance
Payments Program,’’ to clarify the time
frame in which eligible losses must have
occurred. Specifically, § 760.404(c) is
being amended to correct the eligibility
dates for eligible livestock deaths. The
change extends the eligibility period
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54073
from no later than 60 days from the
ending date of the adverse weather
event, but before October 1, 2011, to no
later than 60 days from the ending date
of the adverse weather event, but before
November 30, 2011. For crop losses,
§ 760.601 and § 760.610 are being
amended to clarify that the disaster
event that causes crop losses must occur
on or before September 30, 2011 for the
crop losses to be eligible.
The intent of the amendment is to be
consistent with the 2008 Farm Bill, and
to provide benefits to producers who
had eligible losses due to adverse
weather events that occurred in 2008–
2011. The 2008 Farm Bill specifies that
the weather events that caused the
losses, but not necessarily the losses,
had to occur on or before September 30,
2011, for losses to be eligible. As
specified in the current regulations,
eligible livestock producers who
suffered eligible livestock death losses
in calendar years 2008 through 2010
were eligible to receive compensation
for livestock that died no later than 60
calendar days from the ending date of
the applicable adverse weather event.
However, as specified in the current
regulations, producers who suffer 2011
livestock death losses would not have
the same opportunity to claim losses
that occurred 60 calendar days after the
eligible adverse weather event if the
adverse weather event occurs in the last
two months of fiscal year 2011 (the 60
calendar days before October 1, 2011),
because the current regulation specifies
that the eligible loss must have occurred
before October 1, 2011. To provide fair
and equitable treatment to all producers
in a manner that is consistent with the
2008 Farm Bill, § 760.404(c) is being
amended to provide that the eligible
livestock must have died no later than
60 calendar days from the ending date
of the applicable adverse weather event,
but before November 30, 2011.
Similar changes are being made to the
ELAP regulations in 7 CFR part 760,
Subpart C, ‘‘Emergency Assistance for
Livestock, Honeybees, and Farm-Raised
Fish Program,’’ for the same reasons.
The changes to the ELAP regulations
also impact other losses, such as
livestock feed and grazing losses,
honeybee colony, hive, and feed losses,
and farm-raised fish feed and fish death
losses. Specifically, § 760.204(f)(1) is
being amended to clarify the ending
date by which eligible losses must have
occurred is November 30, 2011.
These clarifications will provide
eligibility to producers who had losses
due to adverse events that occurred in
the last two months of fiscal year 2011,
for those cases where the actual losses
occurred in October or November of
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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
2011. For example, if a flood in
September 2011 caused subsequent
livestock deaths in mid-November of
2011, those losses would not be eligible
under the current rule, but will be
eligible with this correction.
Additional minor clarifying changes
are being made to the regulations for LIP
and ELAP to make it clear which date
requirements apply to the adverse
weather event or loss condition and
which apply to the livestock deaths or
other losses.
A clarification is being made to the
SURE regulations in 7 CFR part 760,
Subpart G, ‘‘Supplemental Revenue
Assistance Payments Program,’’ for
similar reasons. To be eligible for SURE
payments, a producer must certify that
at least one crop of economic
significance suffered at least a 10
percent crop loss due to a disaster event
occurring on or before September 30,
2011.
Notice and Comment
The Consolidated Security, Disaster
Assistance, and Continuing
Appropriations Act, 2009 made the
exemption from notice and comments
provisions contained in section
1601(c)(2) of the 2008 Farm Bill
applicable in implementing section
12033 of the 2008 Farm Bill. Therefore,
these regulations are exempt from the
notice and comment requirements of the
Administrative Procedure Act (5 U.S.C.
553), as specified in section 1601(c)(2)
of the 2008 Farm Bill, which requires
that the regulations be promulgated and
administered without regard to the
notice and comment provisions of 5
U.S.C. 553 or the Statement of Policy of
the Secretary of Agriculture effective
July 24, 1971, (36 FR 13804) relating to
notices of proposed rulemaking and
public participation in rulemaking.
not required to publish a notice of
proposed rulemaking for this rule.
Therefore, consultation with the States
is not required.
Environmental Review
Executive Order 13175
This rule has been reviewed for
compliance with Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments.’’ The
policies contained in this rule do not
have Tribal implications that preempt
Tribal law. FSA continues to consult
with Tribal officials to have a
meaningful consultation and
collaboration on the development and
strengthening of FSA regulations.
The environmental impacts of this
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 FSA regulations for
compliance with NEPA (7 CFR part
799). The rule change is a technical
amendment and is solely administrative
in nature. Therefore, FSA has
determined that NEPA does not apply to
this Final Rule and no environmental
assessment or environmental impact
statement will be prepared.
Executive Order 12372
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ requires consultation with
State and local officials. The objectives
of the Executive Order are to foster an
intergovernmental partnership and a
strengthened Federalism, by relying on
State and local processes for State and
local government coordination and
review of proposed Federal Financial
assistance and direct Federal
development. This rule neither provides
Federal Financial assistance or direct
Federal development; it does not
provide either grants or cooperative
agreements. Therefore this program is
not subject to Executive Order 12372.
Executive Order 12988
This technical amendment did not
require Office of Management and
Budget (OMB) designation under
Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ and therefore
OMB has not reviewed this rule.
This rule has been reviewed under
Executive Order 12988, ‘‘Civil Justice
Reform.’’ This rule would not preempt
State and or local laws, and regulations,
or policies unless they present an
irreconcilable conflict with this rule.
Before any judicial action may be
brought concerning the provisions of
this rule, appeal provisions of 7 CFR
parts 11 and 780 would need to be
exhausted. This rule would not preempt
a State or Tribal government law,
including any State or Tribal
government liability law.
Regulatory Flexibility Act
Executive Order 13132
The Regulatory Flexibility Act (5
U.S.C. 601–612), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA),
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to the notice and comment
rulemaking requirements under the
Administrative Procedure Act (5 U.S.C.
553). This rule is not subject to the
Regulatory Flexibility Act since FSA is
This rule has been reviewed under
Executive Order 13132, ‘‘Federalism.’’
The policies contained in this rule do
not have any substantial direct effect on
States, on the relationship between the
Federal government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Nor does this rule
impose substantial direct compliance
costs on State and local governments.
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Executive Order 12866
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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 on State, local, or Tribal
governments or the private sector.
Agencies generally must prepare a
written statement, including a cost
benefit 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 by Title II of UMRA for State,
local, or Tribal governments or for the
private sector. Therefore, this rule is not
subject to the requirements of sections
202 and 205 of UMRA.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule under the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121,
SBREFA). Therefore, FSA is not
required to delay the effective date for
60 days from the date of publication to
allow for Congressional review and this
rule is effective on the date of
publication in the Federal Register.
Federal Assistance Programs
The titles and numbers of the Federal
assistance programs as found in the
Catalog of Federal Domestic Assistance,
to which this rule applies, are:
Livestock Indemnity Program—
10.088.
Livestock Forage Disaster Program—
10.089.
Supplemental Revenue Assistance
Program—10.090.
Emergency Assistance for Livestock,
Honeybees, and Farm-Raised Fish
Program—10.091.
Tree Assistance Program—10.092.
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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations
Paperwork Reduction Act
These regulations are exempt from the
requirements of the Paperwork
Reduction Act (44 U.S.C. chapter 35), as
specified in section 1601(c)(2) of the
2008 Farm Bill, which provides that
these regulations be promulgated and
administered without regard to the
Paperwork Reduction Act.
E-Government Act Compliance
FSA is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
List of Subjects in 7 CFR Part 760
Dairy products, Indemnity payments,
Pesticide and pests, Reporting and
recordkeeping requirements.
For the reasons discussed in the
preamble, the Farm Service Agency
(USDA) amends 7 CFR part 760 as
follows:
PART 760—INDEMNITY PAYMENT
PROGRAMS
1. The authority citation for part 760
continues to read as follows:
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Authority: 7 U.S.C. 4501, 7 U.S.C. 1531, 16
U.S.C. 3801, note, and 19 U.S.C. 2497; Title
III, Pub. L. 109–234, 120 Stat. 474; Title IX,
Pub. L. 110–28, 121 Stat. 211; and Sec. 748,
Pub. L. 111–80, 123 Stat. 2131.
Subpart B—General Provisions for
Supplemental Agricultural Disaster
Assistance Programs
2. Revise § 760.106 paragraph (a)(1), to
read as follows:
Equitable relief.
(a) * * *
(1) Are otherwise ineligible or provide
evidence, satisfactory to FSA, that the
failure to meet the requirements of
§ 760.104 for one or more eligible crops
on the farm was unintentional and not
because of any fault of the participant,
as determined by the Secretary, or
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§ 760.107
[Amended]
3. Amend § 760.107, in paragraph
(b)(2)(ii), by removing the words
‘‘paragraph (a)’’ and adding, in their
place, the words ‘‘paragraph (b)(2)(i)’’.
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■
Subpart C—Emergency Assistance for
Livestock, Honeybees, and FarmRaised Fish Program
4. Revise § 760.203, paragraph (c)(2) to
read as follows:
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(c) * * *
(2) Due to an eligible adverse weather
event or loss condition that occurred on
or after January 1, 2008, and before
October 1, 2011.
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■ 5. Revise § 760.204, paragraph (f)(1) to
read as follows:
Subpart G—Supplemental Revenue
Assistance Payments Program
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§ 760.204 Eligible livestock, honeybees,
and farm-raised fish.
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(f) * * *
(1) They must have died:
(i) On or after the beginning date of
the eligible loss condition; and
(ii) On or after January 1, 2008, and
no later than 60 calendar days from the
ending date of the eligible loss
condition, but before November 30,
2011; and
(iii) As a direct result of an eligible
loss condition that occurs on or after
January 1, 2008, and before October 1,
2011; and
(iv) In the calendar year for which
payment is being requested; and
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Subpart E—Livestock Indemnity
Program
4. Revise § 760.404, paragraph (c) to
read as follows:
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§ 760.404
Eligible livestock.
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§ 760.106
§ 760.203 Eligible losses, adverse weather,
and other loss conditions.
54075
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(c) To be considered eligible livestock
for the purpose of generating payments
under this subpart, livestock must meet
all of the following conditions:
(1) Died as a direct result of an
eligible adverse weather event that
occurred on or after January 1, 2008,
and before October 1, 2011;
(2) Died no later than 60 calendar
days from the ending date of the
applicable adverse weather event, but
before November 30, 2011;
(3) Died in the calendar year for
which benefits are being requested;
(4) Been maintained for commercial
use as part of a farming operation on the
day they died; and
(5) Before dying, not have been
produced or maintained for reasons
other than commercial use as part of a
farming operation, such non-eligible
uses being understood to include, but
not be limited to, any uses of wild, free
roaming animals or use of the animals
for recreational purposes, such as
pleasure, hunting, roping, pets, or for
show.
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5. Amend § 760.601 by adding a
sentence at the end of paragraph (b) to
read as follows:
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§ 760.601
Applicability.
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(b) * * * Crop losses must have
occurred in crop year 2008 or
subsequent crop years due to an eligible
disaster event that occurs on or before
September 30, 2011.
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■ 6. Revise § 760.610, paragraph (a)(2),
to read as follows:
§ 760.610
Participant eligibility.
(a) * * *
(2) Crop losses must have occurred in
crop year 2008 or subsequent crop years
due to an eligible disaster event that
occurred on or before September 30,
2011.
(i) For insured crops, the coverage
period, as defined in the insurance
policy, must have begun on or before
September 30, 2011;
(ii) For NAP crops, the coverage
period must have begun on or before
September 30, 2011; and
(iii) The final planting date for that
crop according to the Federal crop
insurance or NAP policy must have
been on or before September 30, 2011.
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Carolyn B. Cooksie,
Acting Administrator, Farm Service Agency.
[FR Doc. 2011–22323 Filed 8–30–11; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS–FV–11–0060; FV11–927–2
IR]
Pears Grown in Oregon and
Washington; Assessment Rate
Decrease for Fresh Pears
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule decreases the
assessment rate established for the Fresh
Pear Committee (Committee) for the
2011–2012 and subsequent fiscal
periods from $0.501 to $0.471 per
standard box or equivalent of fresh
winter pears handled. The Committee
locally administers the marketing order
SUMMARY:
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Rules and Regulations]
[Pages 54072-54075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22323]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 760
RIN 0560-AH95
Emergency Assistance for Livestock, Honeybees, and Farm-Raised
Fish Program, Livestock Indemnity Program, and General Provisions for
Supplemental Agricultural Disaster Assistance Programs
AGENCY: Farm Service Agency, USDA.
ACTION: Final rule, technical amendment.
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SUMMARY: The Farm Service Agency (FSA) is making several clarifying
amendments and corrections to the regulations for the Emergency
Assistance for Livestock, Honeybees, and Farm-Raised Fish Program
(ELAP) and the Livestock Indemnity Program (LIP) to clarify when
livestock death losses must have occurred to be eligible losses for LIP
and ELAP benefits. This rule also clarifies when adverse weather events
or loss conditions must have occurred to be eligible losses of
livestock, honeybee, crops, and farm-raised fish for ELAP and
Supplemental Revenue Assistance Payments Program (SURE) benefits. This
rule clarifies an equitable relief provision for the risk management
purchase requirement that applies to the Supplemental Agricultural
Disaster Assistance Programs, authorized by the Food, Conservation, and
Energy Act of 2008 (the 2008 Farm Bill), except LIP.
DATES: Effective Date: August 31, 2011.
FOR FURTHER INFORMATION CONTACT: Candace Thompson; phone (202) 720-
7641; e-mail: Candy.Thompson@wdc.usda.gov. Persons with disabilities or
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).
[[Page 54073]]
SUPPLEMENTARY INFORMATION: This rule makes minor clarifying amendments
and corrections to the regulations that were published to implement
disaster assistance programs authorized by the 2008 Farm Bill (Pub. L.
110-246). This rule amends the regulations to specify dates for
eligible losses for SURE, ELAP and LIP, and to amend an equitable
relief provision for the risk management purchase requirement for the
Supplemental Agricultural Disaster Assistance Programs, except LIP. The
Supplemental Agricultural Disaster Assistance Programs authorized by
the 2008 Farm Bill include ELAP, LIP, the Livestock Forage Disaster
Program (LFP), SURE, and the Tree Assistance Program (TAP).
A final rule for ELAP was published in the Federal Register on
September 11, 2009 (74 FR 46665-46683) and amendments were published in
the Federal Register on April 14, 2010 (75 FR 19185-19193). The final
rule that included both the specific provisions for LIP and the general
provisions that apply to all the Supplemental Agricultural Disaster
Assistance Programs was published in the Federal Register on July 2,
2009 (74 FR 31567-31578). The final rule for SURE was published in the
Federal Register on December 28, 2009 (74 FR 68480-68498) and
amendments were published in the Federal Register on April 14, 2010 (75
FR 19185-19193).
The amendments in this rule are needed to clarify the dates for
eligible losses, to clarify that it is the producer's responsibility to
provide documentation to justify equitable relief for the risk
management purchase requirement, and to correct typographical errors.
Amendments to General Provisions for Equitable Relief
7 CFR part 760 ``Indemnity Payment Programs,'' Subpart B, ``General
Provisions for Supplemental Agricultural Disaster Assistance Programs''
specifies the general provisions that apply to all the Supplemental
Agricultural Disaster Assistance Programs authorized by the 2008 Farm
Bill. This rule clarifies a provision in Subpart B that specifies the
requirements for equitable relief of the risk management purchase
requirement.
As specified in the 2008 Farm Bill and in Subpart B, all of the
Supplemental Agricultural Disaster Assistance Programs except LIP have
a risk management purchase requirement. This means that producers must
have purchased insurance or Noninsured Crop Disaster Assistance Program
(NAP) coverage, as applicable, to be eligible for disaster assistance
benefits. The current regulations specify that except for grazing land,
producers must have obtained insurance or NAP coverage for all of their
crops to be eligible for ELAP, SURE, and TAP, and for LFP, producers
must have obtained insurance or NAP coverage for those grazing lands
for which they seek benefits to be eligible. Producers who fail to meet
the risk management purchase requirement are not eligible for benefits
unless an exception applies. Exceptions include the Secretary's
authority to grant equitable relief on a case-by-case basis to
producers who fail to meet the risk management purchase requirement
through no fault of their own and unintentionally.
The risk management purchase requirement is not changing with this
rule, and neither are the exceptions to it. This rule amends Sec.
760.106 to clarify that if equitable relief is sought, it is a
producer's responsibility to provide evidence, to the satisfaction of
FSA, that the failure to meet the requirement was unintentional. It is
not FSA's responsibility to provide documentation that a failure to
meet the risk management purchase requirement was or was not
intentional. It is the producer who has failed to meet the risk
management purchase requirement and who is seeking relief for that
failure who must provide evidence as to intent, to the satisfaction of
FSA. This clarifying amendment will impact all producers who seek
equitable relief for the reason of unintentional failure to meet the
risk management purchase requirement, by requiring them to provide
evidence of intent.
This rule also makes a correction to section Sec. 760.107 to
correct an internal paragraph reference.
Amendments to Eligible Loss Dates for ELAP and LIP
This rule makes a technical correction to 7 CFR 760, subpart C,
``Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish
Program,'' to clarify dates for eligible ELAP livestock, honeybee, and
farm-raised fish losses. This correction is being made to be consistent
with the program eligibility dates specified in the 2008 Farm Bill. A
parallel change is being made to Subpart E, ``Livestock Indemnity
Program,'' to clarify the dates on which livestock deaths must have
occurred to qualify as an eligible loss and to Subpart G,
``Supplemental Revenue Assistance Payments Program,'' to clarify the
time frame in which eligible losses must have occurred. Specifically,
Sec. 760.404(c) is being amended to correct the eligibility dates for
eligible livestock deaths. The change extends the eligibility period
from no later than 60 days from the ending date of the adverse weather
event, but before October 1, 2011, to no later than 60 days from the
ending date of the adverse weather event, but before November 30, 2011.
For crop losses, Sec. 760.601 and Sec. 760.610 are being amended to
clarify that the disaster event that causes crop losses must occur on
or before September 30, 2011 for the crop losses to be eligible.
The intent of the amendment is to be consistent with the 2008 Farm
Bill, and to provide benefits to producers who had eligible losses due
to adverse weather events that occurred in 2008-2011. The 2008 Farm
Bill specifies that the weather events that caused the losses, but not
necessarily the losses, had to occur on or before September 30, 2011,
for losses to be eligible. As specified in the current regulations,
eligible livestock producers who suffered eligible livestock death
losses in calendar years 2008 through 2010 were eligible to receive
compensation for livestock that died no later than 60 calendar days
from the ending date of the applicable adverse weather event. However,
as specified in the current regulations, producers who suffer 2011
livestock death losses would not have the same opportunity to claim
losses that occurred 60 calendar days after the eligible adverse
weather event if the adverse weather event occurs in the last two
months of fiscal year 2011 (the 60 calendar days before October 1,
2011), because the current regulation specifies that the eligible loss
must have occurred before October 1, 2011. To provide fair and
equitable treatment to all producers in a manner that is consistent
with the 2008 Farm Bill, Sec. 760.404(c) is being amended to provide
that the eligible livestock must have died no later than 60 calendar
days from the ending date of the applicable adverse weather event, but
before November 30, 2011.
Similar changes are being made to the ELAP regulations in 7 CFR
part 760, Subpart C, ``Emergency Assistance for Livestock, Honeybees,
and Farm-Raised Fish Program,'' for the same reasons. The changes to
the ELAP regulations also impact other losses, such as livestock feed
and grazing losses, honeybee colony, hive, and feed losses, and farm-
raised fish feed and fish death losses. Specifically, Sec.
760.204(f)(1) is being amended to clarify the ending date by which
eligible losses must have occurred is November 30, 2011.
These clarifications will provide eligibility to producers who had
losses due to adverse events that occurred in the last two months of
fiscal year 2011, for those cases where the actual losses occurred in
October or November of
[[Page 54074]]
2011. For example, if a flood in September 2011 caused subsequent
livestock deaths in mid-November of 2011, those losses would not be
eligible under the current rule, but will be eligible with this
correction.
Additional minor clarifying changes are being made to the
regulations for LIP and ELAP to make it clear which date requirements
apply to the adverse weather event or loss condition and which apply to
the livestock deaths or other losses.
A clarification is being made to the SURE regulations in 7 CFR part
760, Subpart G, ``Supplemental Revenue Assistance Payments Program,''
for similar reasons. To be eligible for SURE payments, a producer must
certify that at least one crop of economic significance suffered at
least a 10 percent crop loss due to a disaster event occurring on or
before September 30, 2011.
Notice and Comment
The Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 made the exemption from notice and comments
provisions contained in section 1601(c)(2) of the 2008 Farm Bill
applicable in implementing section 12033 of the 2008 Farm Bill.
Therefore, these regulations are exempt from the notice and comment
requirements of the Administrative Procedure Act (5 U.S.C. 553), as
specified in section 1601(c)(2) of the 2008 Farm Bill, which requires
that the regulations be promulgated and administered without regard to
the notice and comment provisions of 5 U.S.C. 553 or the Statement of
Policy of the Secretary of Agriculture effective July 24, 1971, (36 FR
13804) relating to notices of proposed rulemaking and public
participation in rulemaking.
Executive Order 12866
This technical amendment did not require Office of Management and
Budget (OMB) designation under Executive Order 12866, ``Regulatory
Planning and Review,'' and therefore OMB has not reviewed this rule.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553). This rule is not subject to the Regulatory Flexibility Act
since FSA is not required to publish a notice of proposed rulemaking
for this rule.
Environmental Review
The environmental impacts of this 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 FSA regulations
for compliance with NEPA (7 CFR part 799). The rule change is a
technical amendment and is solely administrative in nature. Therefore,
FSA has determined that NEPA does not apply to this Final Rule and no
environmental assessment or environmental impact statement will be
prepared.
Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with State and local officials. The
objectives of the Executive Order are to foster an intergovernmental
partnership and a strengthened Federalism, by relying on State and
local processes for State and local government coordination and review
of proposed Federal Financial assistance and direct Federal
development. This rule neither provides Federal Financial assistance or
direct Federal development; it does not provide either grants or
cooperative agreements. Therefore this program is not subject to
Executive Order 12372.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, ``Civil
Justice Reform.'' This rule would not preempt State and or local laws,
and regulations, or policies unless they present an irreconcilable
conflict with this rule. Before any judicial action may be brought
concerning the provisions of this rule, appeal provisions of 7 CFR
parts 11 and 780 would need to be exhausted. This rule would not
preempt a State or Tribal government law, including any State or Tribal
government liability law.
Executive Order 13132
This rule has been reviewed under Executive Order 13132,
``Federalism.'' The policies contained in this rule do not have any
substantial direct effect on States, on the relationship between the
Federal government and the States, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose substantial direct compliance costs on State and local
governments. Therefore, consultation with the States is not required.
Executive Order 13175
This rule has been reviewed for compliance with Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' The policies contained in this rule do not have Tribal
implications that preempt Tribal law. FSA continues to consult with
Tribal officials to have a meaningful consultation and collaboration on
the development and strengthening of FSA regulations.
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 on State, local, or Tribal governments or the
private sector. Agencies generally must prepare a written statement,
including a cost benefit 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 by Title II of UMRA for
State, local, or Tribal governments or for the private sector.
Therefore, this rule is not subject to the requirements of sections 202
and 205 of UMRA.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, SBREFA). Therefore,
FSA is not required to delay the effective date for 60 days from the
date of publication to allow for Congressional review and this rule is
effective on the date of publication in the Federal Register.
Federal Assistance Programs
The titles and numbers of the Federal assistance programs as found
in the Catalog of Federal Domestic Assistance, to which this rule
applies, are:
Livestock Indemnity Program--10.088.
Livestock Forage Disaster Program--10.089.
Supplemental Revenue Assistance Program--10.090.
Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish
Program--10.091.
Tree Assistance Program--10.092.
[[Page 54075]]
Paperwork Reduction Act
These regulations are exempt from the requirements of the Paperwork
Reduction Act (44 U.S.C. chapter 35), as specified in section
1601(c)(2) of the 2008 Farm Bill, which provides that these regulations
be promulgated and administered without regard to the Paperwork
Reduction Act.
E-Government Act Compliance
FSA is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
List of Subjects in 7 CFR Part 760
Dairy products, Indemnity payments, Pesticide and pests, Reporting
and recordkeeping requirements.
For the reasons discussed in the preamble, the Farm Service Agency
(USDA) amends 7 CFR part 760 as follows:
PART 760--INDEMNITY PAYMENT PROGRAMS
0
1. The authority citation for part 760 continues to read as follows:
Authority: 7 U.S.C. 4501, 7 U.S.C. 1531, 16 U.S.C. 3801, note,
and 19 U.S.C. 2497; Title III, Pub. L. 109-234, 120 Stat. 474; Title
IX, Pub. L. 110-28, 121 Stat. 211; and Sec. 748, Pub. L. 111-80, 123
Stat. 2131.
Subpart B--General Provisions for Supplemental Agricultural
Disaster Assistance Programs
0
2. Revise Sec. 760.106 paragraph (a)(1), to read as follows:
Sec. 760.106 Equitable relief.
(a) * * *
(1) Are otherwise ineligible or provide evidence, satisfactory to
FSA, that the failure to meet the requirements of Sec. 760.104 for one
or more eligible crops on the farm was unintentional and not because of
any fault of the participant, as determined by the Secretary, or
* * * * *
Sec. 760.107 [Amended]
0
3. Amend Sec. 760.107, in paragraph (b)(2)(ii), by removing the words
``paragraph (a)'' and adding, in their place, the words ``paragraph
(b)(2)(i)''.
Subpart C--Emergency Assistance for Livestock, Honeybees, and Farm-
Raised Fish Program
0
4. Revise Sec. 760.203, paragraph (c)(2) to read as follows:
Sec. 760.203 Eligible losses, adverse weather, and other loss
conditions.
* * * * *
(c) * * *
(2) Due to an eligible adverse weather event or loss condition that
occurred on or after January 1, 2008, and before October 1, 2011.
* * * * *
0
5. Revise Sec. 760.204, paragraph (f)(1) to read as follows:
Sec. 760.204 Eligible livestock, honeybees, and farm-raised fish.
* * * * *
(f) * * *
(1) They must have died:
(i) On or after the beginning date of the eligible loss condition;
and
(ii) On or after January 1, 2008, and no later than 60 calendar
days from the ending date of the eligible loss condition, but before
November 30, 2011; and
(iii) As a direct result of an eligible loss condition that occurs
on or after January 1, 2008, and before October 1, 2011; and
(iv) In the calendar year for which payment is being requested; and
* * * * *
Subpart E--Livestock Indemnity Program
0
4. Revise Sec. 760.404, paragraph (c) to read as follows:
Sec. 760.404 Eligible livestock.
* * * * *
(c) To be considered eligible livestock for the purpose of
generating payments under this subpart, livestock must meet all of the
following conditions:
(1) Died as a direct result of an eligible adverse weather event
that occurred on or after January 1, 2008, and before October 1, 2011;
(2) Died no later than 60 calendar days from the ending date of the
applicable adverse weather event, but before November 30, 2011;
(3) Died in the calendar year for which benefits are being
requested;
(4) Been maintained for commercial use as part of a farming
operation on the day they died; and
(5) Before dying, not have been produced or maintained for reasons
other than commercial use as part of a farming operation, such non-
eligible uses being understood to include, but not be limited to, any
uses of wild, free roaming animals or use of the animals for
recreational purposes, such as pleasure, hunting, roping, pets, or for
show.
* * * * *
Subpart G--Supplemental Revenue Assistance Payments Program
0
5. Amend Sec. 760.601 by adding a sentence at the end of paragraph (b)
to read as follows:
Sec. 760.601 Applicability.
* * * * *
(b) * * * Crop losses must have occurred in crop year 2008 or
subsequent crop years due to an eligible disaster event that occurs on
or before September 30, 2011.
* * * * *
0
6. Revise Sec. 760.610, paragraph (a)(2), to read as follows:
Sec. 760.610 Participant eligibility.
(a) * * *
(2) Crop losses must have occurred in crop year 2008 or subsequent
crop years due to an eligible disaster event that occurred on or before
September 30, 2011.
(i) For insured crops, the coverage period, as defined in the
insurance policy, must have begun on or before September 30, 2011;
(ii) For NAP crops, the coverage period must have begun on or
before September 30, 2011; and
(iii) The final planting date for that crop according to the
Federal crop insurance or NAP policy must have been on or before
September 30, 2011.
* * * * *
Carolyn B. Cooksie,
Acting Administrator, Farm Service Agency.
[FR Doc. 2011-22323 Filed 8-30-11; 8:45 am]
BILLING CODE 3410-05-P
