[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 [www.gpo.gov]
[FR Doc No: 2023-12912]



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 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
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 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.
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  Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Rules 
and Regulations  

[[Page 39767]]



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: [email protected]. For ECP and EFRP: Shanita 
Landon; telephone: (202) 690-1612; email: [email protected]. 
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.
---------------------------------------------------------------------------

    \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 https://www.fsa.usda.gov/programs-and-services/emergency-relief/index.
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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 https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint 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: [email protected].
    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