Notice; Emergency Relief Program 2022 (ERP 2022), 68125 [2024-18993]
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68125
Notices
Federal Register
Vol. 89, No. 164
Friday, August 23, 2024
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA–2023–0020]
Notice; Emergency Relief Program
2022 (ERP 2022)
Farm Service Agency, USDA.
ACTION: Notice.
AGENCY:
The Farm Service Agency
(FSA) is issuing this notice to announce
the actions it is taking to comply with
a preliminary injunction related to
payment calculations for ERP 2022.
FOR FURTHER INFORMATION CONTACT:
Kathy Sayers; telephone: (202) 720–
6825; email: kathy.sayers@usda.gov.
Individuals who require alternative
means for communication should
contact the USDA Target Center at (202)
720–2600 (voice and text telephone
(TTY)) or dial 711 for
Telecommunications Relay service (both
voice and text telephone users can
initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
FSA announced ERP 2022 in a notice
published in the Federal Register on
October 21, 2023 (88 FR 74404–74419).
The application period for ERP 2022
began on October 31, 2023.1 On June 7,
2024, the United States District Court
for the Northern District of Texas,
Amarillo Division, issued a preliminary
injunction in Rusty Strickland et al. v.
U.S. Dept. of Agriculture et al. (Case No.
2:24–CV–60–Z) enjoining USDA ‘‘from
making or increasing payments, or
providing any additional relief, based
on its ‘socially disadvantaged farmer or
1 The current deadlines to submit ERP 2022
applications and eligibility documentation were
announced on July 15, 2024. See https://
www.fsa.usda.gov/news-room/news-releases/2024/
usda-announces-august-14-application-deadlinefor-emergency-relief-program-assistance-forcommodity-and-specialty-crop-producersimpacted-by-2022-natural-disasters.
VerDate Sep<11>2014
17:23 Aug 22, 2024
Jkt 262001
rancher’ designation under [ERP 2022],
whether used directly or as a subset of
its ‘underserved farmer or rancher’
designation.’’ 2
The Notice of Funds Availability
includes the following provisions
related to the payment calculations that
were applicable only to underserved
farmers or ranchers:
• For Track 1, the payment
calculation provides a refund of an
underserved farmer or rancher’s share of
the premium and fee for crop insurance
or Noninsured Crop Disaster Assistance
Program coverage; and
• For Track 2, the payment
calculation provides an increase to an
underserved farmer or rancher’s
payment that is equal to 15 percent of
the gross Track 2 payment after
progressive factoring, not to exceed the
calculated Track 2 payment before
progressive factoring.
Upon issuance of the preliminary
injunction, and in order to comply with
the preliminary injunction, FSA took
action to immediately halt ERP 2022
payments while FSA evaluated the
scope of changes that would be
required. This notice announces that
FSA is resuming issuance of ERP 2022
payments; however, consistent with the
preliminary injunction, payments to
socially disadvantaged farmers or
ranchers will be subject to a modified
payment calculation that does not
include the refund of premiums and
fees under Track 1 or the 15 percent
increase under Track 2 described above.
If the preliminary injunction is lifted,
with available funds, FSA will make or
update payments to affected and eligible
2 As defined in the October 21, 2023, Notice of
Funds Availability, ‘‘socially disadvantaged farmer
or rancher’’ means a farmer or rancher who is a
member of a group whose members have been
subjected to racial, ethnic, or gender prejudice
because of their identity as members of a group
without regard to their individual qualities. For
entities, at least 50 percent of the ownership
interest must be held by individuals who are
members of such a group. Socially disadvantaged
groups include the following and no others unless
approved in writing by the Deputy Administrator:
(1) American Indians or Alaskan Natives;
(2) Asians or Asian-Americans;
(3) Blacks or African Americans;
(4) Hispanics or Hispanic Americans;
(5) Native Hawaiians or other Pacific Islanders;
and
(6) Women.
‘‘Underserved farmer or rancher’’ means a
beginning farmer or rancher, limited resource
farmer or rancher, socially disadvantaged farmer or
rancher, or veteran farmer or rancher.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
socially disadvantaged producers
consistent with the terms of the Notice
of Funds Availability.
Some ERP 2022 payments may
continue to be delayed due to the need
to modify payment software to
accommodate these changes, but FSA
intends to begin issuing payments again
in late August to eligible producers.
Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2024–18993 Filed 8–22–24; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
[Docket No. FCIC–24–0004]
Notice of Request for Renewal and
Revision of the Currently Approved
Information Collection
Federal Crop Insurance
Corporation, USDA.
ACTION: Renewal and Revision of the
Currently Approved Information
Collection.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Farm Service Agency (FSA) and Risk
Management Agency (RMA) are
requesting comments from all interested
individuals and organizations on a
revision of a currently approved
paperwork package associated with the
Acreage and Crop Reporting
Streamlining Initiative (ACRSI).
DATES: Written comments on this notice
will be accepted until close of business
October 22, 2024.
ADDRESSES: We invite you to submit
comments on this information
collection request. In your comments,
include the date, volume, and page
number of this issue of the Federal
Register, and the title of rule. You may
submit comments by any of the
following methods, although FCIC
prefers that you submit comments
electronically through the Federal
eRulemaking Portal:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and search
for Docket ID FCIC–24–0004. Follow the
online instructions for submitting
comments.
• Mail: Fritz Matetzschk, United
States Department of Agriculture, FSA,
DAFP, PDD, 1400 Independence Ave.
SUMMARY:
E:\FR\FM\23AUN1.SGM
23AUN1
]]>Agencies
[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Notices]
[Page 68125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18993]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 89 , No. 164 / Friday, August 23, 2024 /
Notices
[[Page 68125]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA-2023-0020]
Notice; Emergency Relief Program 2022 (ERP 2022)
AGENCY: Farm Service Agency, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Farm Service Agency (FSA) is issuing this notice to
announce the actions it is taking to comply with a preliminary
injunction related to payment calculations for ERP 2022.
FOR FURTHER INFORMATION CONTACT: Kathy Sayers; telephone: (202) 720-
6825; email: [email protected]. Individuals who require alternative
means for communication should contact the USDA Target Center at (202)
720-2600 (voice and text telephone (TTY)) or dial 711 for
Telecommunications Relay service (both voice and text telephone users
can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Background
FSA announced ERP 2022 in a notice published in the Federal
Register on October 21, 2023 (88 FR 74404-74419). The application
period for ERP 2022 began on October 31, 2023.\1\ On June 7, 2024, the
United States District Court for the Northern District of Texas,
Amarillo Division, issued a preliminary injunction in Rusty Strickland
et al. v. U.S. Dept. of Agriculture et al. (Case No. 2:24-CV-60-Z)
enjoining USDA ``from making or increasing payments, or providing any
additional relief, based on its `socially disadvantaged farmer or
rancher' designation under [ERP 2022], whether used directly or as a
subset of its `underserved farmer or rancher' designation.'' \2\
---------------------------------------------------------------------------
\1\ The current deadlines to submit ERP 2022 applications and
eligibility documentation were announced on July 15, 2024. See
https://www.fsa.usda.gov/news-room/news-releases/2024/usda-announces-august-14-application-deadline-for-emergency-relief-program-assistance-for-commodity-and-specialty-crop-producers-impacted-by-2022-natural-disasters.
\2\ As defined in the October 21, 2023, Notice of Funds
Availability, ``socially disadvantaged farmer or rancher'' means a
farmer or rancher who is a member of a group whose members have been
subjected to racial, ethnic, or gender prejudice because of their
identity as members of a group without regard to their individual
qualities. For entities, at least 50 percent of the ownership
interest must be held by individuals who are members of such a
group. Socially disadvantaged groups include the following and no
others unless approved in writing by the Deputy Administrator:
(1) American Indians or Alaskan Natives;
(2) Asians or Asian-Americans;
(3) Blacks or African Americans;
(4) Hispanics or Hispanic Americans;
(5) Native Hawaiians or other Pacific Islanders; and
(6) Women.
``Underserved farmer or rancher'' means a beginning farmer or
rancher, limited resource farmer or rancher, socially disadvantaged
farmer or rancher, or veteran farmer or rancher.
---------------------------------------------------------------------------
The Notice of Funds Availability includes the following provisions
related to the payment calculations that were applicable only to
underserved farmers or ranchers:
For Track 1, the payment calculation provides a refund of
an underserved farmer or rancher's share of the premium and fee for
crop insurance or Noninsured Crop Disaster Assistance Program coverage;
and
For Track 2, the payment calculation provides an increase
to an underserved farmer or rancher's payment that is equal to 15
percent of the gross Track 2 payment after progressive factoring, not
to exceed the calculated Track 2 payment before progressive factoring.
Upon issuance of the preliminary injunction, and in order to comply
with the preliminary injunction, FSA took action to immediately halt
ERP 2022 payments while FSA evaluated the scope of changes that would
be required. This notice announces that FSA is resuming issuance of ERP
2022 payments; however, consistent with the preliminary injunction,
payments to socially disadvantaged farmers or ranchers will be subject
to a modified payment calculation that does not include the refund of
premiums and fees under Track 1 or the 15 percent increase under Track
2 described above. If the preliminary injunction is lifted, with
available funds, FSA will make or update payments to affected and
eligible socially disadvantaged producers consistent with the terms of
the Notice of Funds Availability.
Some ERP 2022 payments may continue to be delayed due to the need
to modify payment software to accommodate these changes, but FSA
intends to begin issuing payments again in late August to eligible
producers.
Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2024-18993 Filed 8-22-24; 8:45 am]
BILLING CODE 3410-05-P
