Commodity Credit Corporation – Federal Register Recent Federal Regulation Documents

The United States Department of Agriculture (USDA) is issuing this notice to: revise fiscal year (FY) 2024 (crop year 2023) State cane sugar allotments and allocations to sugarcane processors; reassign FY 2024 cane sugar marketing allocations to raw cane sugar imports already anticipated; and announce the FY 2025 (crop year 2024) overall sugar marketing allotment quantity (OAQ), State cane sugar allotments, and sugar beet and sugarcane processor allocations. The first two actions apply to all domestic cane sugar marketed for human consumption in the United States from October 1, 2023, through September 30, 2024, and third action applies to all domestic beet and cane sugar marketed for human consumption in the United States from October 1, 2024, through September 30, 2025.

This rule makes changes to ELAP to provide financial assistance to dairy producers who face milk losses due to H5N1 infection of their dairy herds.

The Farm Service Agency (FSA), on behalf of the Commodity Credit Corporation, is issuing this notice to announce the availability of cost share assistance through OCCSP for fiscal year (FY) 2024. FSA is giving the opportunity for State Agencies to apply for grant agreements to administrator the OCCSP program to establish agreements to provide cost share assistance to eligible producers and handlers and for producers and handlers to apply for OCCSP payment at FSA county office.

In accordance with the Paperwork Reduction Act requirement, the Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are requesting comments from all interested individuals and organizations on an extension with revision of a currently approved information collection that supports CCC and FSA loan programs. The information collection is necessary to gather data regarding the applicant which is required on a financing statement, and to obtain the applicant's permission to file a financing statement prior to the execution of a security agreement.

This rule revises the regulations for Dairy Margin Coverage (DMC) as required by the Further Continuing Appropriations and Other Extensions Act, 2024, which extends provisions of the Agriculture Improvement Act of 2018 (2018 Farm Bill) and amends the Agricultural Act of 2014 (2014 Farm Bill) to allow eligible dairy operations to make a one-time adjustment to established production history and extend DMC through 2024. In addition, the rule extends eligibility of multi-year (lock-in) contracts for an additional year until December 31, 2024, and applies the discounted DMC premium rate to the newly established adjusted base production history.

The United States Department of Agriculture (USDA) is issuing this notice to: revise fiscal year (FY) 2023 (crop year 2022) State cane sugar allotments and allocations to sugarcane processors; reassign FY 2023 cane sugar marketing allocations to raw cane sugar imports already anticipated; and announce the FY 2024 (crop year 2023) overall sugar marketing allotment quantity (OAQ), State cane sugar allotments, and sugar beet and sugarcane processor allocations. The actions to revise and reassign apply to all domestic cane sugar marketed for human consumption in the United States from October 1, 2022, through September 30, 2023, and the action to announce the allocations applies to all domestic beet and cane sugar marketed for human consumption in the United States from October 1, 2023, through September 30, 2024.

The Farm Service Agency (FSA), on behalf of the Commodity Credit Corporation (CCC), is announcing the availability of marketing assistance funding to organic dairy operations in the United States. Eligible Organic Dairy Marketing Assistance Program (ODMAP) participants will receive a one-time payment to assist with projected marketing costs for 2023, calculated based on a cost share of marketing costs on the pounds of organic milk marketed for the 2022 calendar year (or a projection of 2023 pounds of organic milk marketed if warranted in certain situations supported by documentation), not to exceed 5 million pounds per operation to target smaller organic dairy operations. ODMAP payments will assist organic dairy producers in expanding the market for organic dairy and increasing the consumption of organic dairy, through the continued marketing of organic dairy, as these operations face a variety of marketing challenges and input cost increases and supply chain-related shortages.

This rule announces Phase 2 of the Emergency Relief Program (ERP), which provides assistance to producers who suffered crop losses due to wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, and qualifying droughts occurring in calendar years 2020 and 2021. It also announces Pandemic Assistance Revenue Program (PARP), a new program that provides support for agricultural producers impacted by the COVID-19 pandemic. In addition, this rule makes changes to the Coronavirus Food Assistance Program (CFAP); the Emergency Conservation Program (ECP); the Emergency Forest Restoration Program (EFRP); the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP); the Livestock Forage Disaster Program (LFP); the Livestock Indemnity Program (LIP); the Noninsured Crop Disaster Assistance Program (NAP); and general payment eligibility provisions. This rule also makes a technical correction to the Biomass Crop Assistance Program (BCAP).

In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are requesting comments from all interested individuals and organizations on an extension of a currently approved information collection. CCC and FSA use the information to determine whether representatives or survivors of a producer are entitled to receive payments earned by a producer who dies, disappears, or is declared incompetent before receiving payments or other disbursements.

The United States Department of Agriculture (USDA) is issuing this notice to announce the fiscal year (FY) 2023 (2022 crop year) overall sugar marketing allotment quantity (OAQ), State cane sugar allotments, and sugar beet and sugarcane processor allocations, which apply to all domestic beet and cane sugar marketed for human consumption in the United States from October 1, 2022, through September 30, 2023.

The Commodity Credit Corporation (CCC) and the Rural Business- Cooperative Service (RBCS or the Agency), a Rural Development agency of the United States Department of Agriculture (USDA), announces the application window and availability of approximately $100 million in competitive grants to eligible entities for activities designed to expand the sales and use of renewable fuels under the Higher Blends Infrastructure Incentive Program (HBIIP). Cost-share grants of up to 50 percent of total eligible project costs but not more than $5 million will be made available to assist transportation fueling and fuel distribution facilities with converting to higher blend friendly status for ethanol (i.e., greater than 10 percent ethanol) and biodiesel (greater than 5 percent biodiesel) by sharing the costs related to the installation, and/or retrofitting, and/or otherwise upgrading of dispenser/pumps, related equipment, and infrastructure.

In accordance with the Paperwork Reduction Act of 1995, the Natural Resources Conservation Service (NRCS) is requesting comments from all interested individuals and organizations on a revision and an extension of a currently approved information collection request associated with the Partnerships for Climate-Smart Commodities grant activity. The purpose of the Partnerships for Climate-Smart Commodities is to support the production and marketing of climate-smart commodities through a set of pilot projects that provide voluntary incentives through partners to producers and landowners, including early adopters, to implement climate-smart production practices, activities, and systems on working lands; measure and quantify, monitor and verify the carbon and greenhouse gas (GHG) benefits associated with those practices; and develop markets and promote the resulting climate-smart commodities. Additional information on the partnerships is available at https://www.usda.gov/climate-solutions/climate-smart-commodit ies.

This rule amends the regulations for Dairy Margin Coverage (DMC) to allow supplemental DMC payments to participating eligible dairy operations. DMC provides dairy producers with risk management coverage that pays producers when the difference between the price of milk and the cost of feed (the margin) falls below a certain level. Eligible dairy operations with less than 5 million pounds of established production history may enroll supplemental pounds based upon a formula using 2019 actual milk marketings. Supplemental DMC coverage is applicable to calendar years 2021, 2022, and 2023. Participating dairy operations with supplemental production may receive supplemental payments in addition to payments based on their established production history. In addition, the rule amends the alfalfa hay calculation used in determining the average feed cost and actual dairy production margin. To end prolonged months of milk indemnity payments, the rule amends the regulations for Dairy Indemnity Payment Program (DIPP) to indemnify affected farmers for depopulating and permanently removing cows after discovery of chemical residues affecting the commercial marketing of milk for the applicable farm and likely affecting the marketability of cows for a lengthy duration. The rule also implements a new Oriental Fruit Fly (OFF) Program as authorized in the Consolidated Appropriations Act, 2019. In addition, the rule updates the existing Marketing Assistance Loans (MAL) and Loan Deficiency Payments (LDP) loan rates to be consistent with the Agriculture Improvement Act of 2018 (the 2018 Farm Bill); the loan rates were already changed administratively because the loan rate changes were self-enacting. This rule also amends the Conservation Reserve Program (CRP) regulations to remove two discretionary requirements.

The Office of Management and Budget (OMB) revised and renumbered certain provisions in its regulation establishing uniform administrative requirements, cost principles, and audit requirements for Federal awards to non-Federal entities. This final rule amends the U.S. Department of Agriculture's (USDA) regulations on Programs to Help Develop Foreign Markets for Agricultural Commodities (``FMD regulation'') to make technical corrections to reflect the revised OMB regulations. This final rule also makes three minor changes to the FMD regulation: To modify the timing of the evaluation provision; to add one additional exemption for a USA Pavilion waiver request; and to add certain flexibilities to the sample shipment requirements.

This rule transfers regulations pertaining to the Economic Adjustment Assistance for Textile Manufacturers program from the Commodity Credit Corporation (CCC) to the Agricultural Marketing Service (AMS) to reflect changes in the organizational structure and delegated authorities within the United States Department of Agriculture (USDA). This action is necessary to enable the AMS Administrator to issue, maintain, and revise as necessary regulations related to programs under the AMS Administrator's delegated authority.

The Commodity Credit Corporation (CCC) revised the Conservation Stewardship Program (CSP) regulation in the final rule published in the Federal Register on October 9, 2020, in response to public comments. Changes were published in the final rule that revised the definition for resource-conserving crop. As part of a recent review, a technical error in the definition of ``resource-conserving crop'' was discovered. This document corrects the error. In addition, there was an inadvertent error and the definition for ``resource- conserving crop rotation'' needs to be reinstated; the definition remains unchanged from the interim rule as published in the Federal Register on November 12, 2019.

In accordance with the Paperwork Reduction Act of 1995, the Commodity Credit Corporation (CCC) and the Farm Service Agency (FSA) are requesting comments from all interested individuals and organizations on an extension and revision of a currently approved information collection that supports CCC and FSA loan programs. The information collection is necessary to gather data regarding the applicant which is required on a financing statement, and to obtain the applicant's permission to file a financing statement prior to the execution of a security agreement.

The Commodity Credit Corporation (CCC) and the Rural Business- Cooperative Service (RBCS), a Rural Development agency of the United States Department of Agriculture (USDA), announced the general policy and application procedures for funding under the Higher Blends Infrastructure Incentive Program (HBIIP) in a Notice of Funding Availability (NOFA) which published on May 5, 2020 in the Federal Register. HBIIP provides up to $100 million in competitive grants to eligible entities for activities designed to expand the sales and use of renewable fuels under the Higher Blends Infrastructure Incentive Program (HBIIP). This Notice announces the opening date for a second HBIIP application window for the remaining (approximately) $22 million (of the $100 million) and amends certain provisions and requirements of the original solicitation and clarifying notices published in the Federal Register on May 15, 2020 and June 3, 2020.

The Farm Service Agency (FSA) on behalf of the Commodity Credit Corporation (CCC) amended its regulations concerning payment limitation and eligibility through a final rule published in the Federal Register on August 21, 2020. This correction restores the previous definitions of ``active personal management,'' ``significant contribution,'' ``significant contribution of active personal management,'' and ``significant contribution of the combination of active personal labor and active personal management.''

This final rule adopts, with minor changes, an interim rule published in the Federal Register on November 12, 2019. The interim rule implemented changes to CSP that were necessitated by enactment of the Agriculture Improvement Act of 2018 (2018 Farm Bill) or that were required to implement administrative improvements and clarifications. The Natural Resources Conservation Service (NRCS) received input from 110 commenters who provided 615 comments in response to the interim rule. This final rule makes permanent those changes appearing in the interim rule, responds to comments, and makes further adjustments in response to some of the comments received. In addition, the rule makes some minor technical corrections.

This rule implements the mandatory changes required by the Agriculture Improvement Act of 2018 (2018 Farm Bill) and other changes made by the Farm Service Agency (FSA) on behalf of CCC. Specifically, the mandatory changes update program applicability and payment limitations; and specify that the Secretary may approve a waiver of the average adjusted gross income (AGI) limitation for participants of certain conservation contracts administered by FSA and the Natural Resources Conservation Service (NRCS) on environmentally sensitive land. Also, the mandatory changes expand the definition of ``family member'' to include first cousins, nieces, and nephews. This rule also includes changes that make minor clarifications and updates throughout part 1400.

The Commodity Credit Corporation and the Rural Business- Cooperative Service, USDA published a notice in the Federal Register on May 5, 2020 regarding the Notice of Funds Availability for the Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Year 2020. This document inadvertently did not include all the Western states in Section V. Application Review Information, A. Criteria, 2. This notice corrects that omission.

The Commodity Credit Corporation and the Rural Business- Cooperative Service, USDA published a notice in the Federal Register on May 5, 2020 regarding the Notice of Funds Availability for the Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Year 2020 and a notice on May 15, 2020, regarding the Solicitation of Applications for the Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Year 2020 announcing the opening date for the application window. These documents referenced an incorrect program name in the DATES section of both notices.

The Commodity Credit Corporation (CCC) and the Rural Business- Cooperative Service (RBCS), a Rural Development agency of the United States Department of Agriculture (USDA), announce the availability of up to $100 million in competitive grants to eligible entities for activities designed to expand the sales and use of renewable fuels under the Higher Blends Infrastructure Incentive Program (HBIIP). Cost- share grants of up to 50 percent of total eligible project costs but not more than $5 million will be made available to assist transportation fueling and fuel distribution facilities with converting to higher blend friendly status for ethanol (i.e., greater than 10 percent ethanol) and biodiesel (greater than 5 percent biodiesel) by sharing the costs related to the installation, and/or retrofitting, and/or otherwise upgrading of dispenser/pumps, related equipment, and infrastructure.

CCC is correcting an interim rule that was published in the Federal Register on February 13, 2020, to incorporate the 2018 Farm Bill changes to the Regional Conservation Partnership Program (RCPP) program administration. There was an unintentional error that omitted several paragraphs in a certain section in the RCPP rule. CCC and NRCS are also extending the comment period for the interim rule.