[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Rules and Regulations]
[Pages 39539-39540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10162]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules 
and Regulations  

[[Page 39539]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1430

RIN 0560-AI66
[Docket No. FSA-2024-0001]


Dairy Margin Coverage Production History Adjustment and Program 
Extension; Correction

AGENCY: Commodity Credit Corporation (CCC) and Farm Service Agency 
(FSA), Department of Agriculture (USDA).

ACTION: Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: CCC and FSA are making a technical correction to the Dairy 
Margin Coverage (DMC) regulations published on February 27, 2024. The 
technical correction will apply to the 2024 DMC coverage election 
period to allow dairy operations that dissolved prior to or during the 
2024 DMC coverage election period the opportunity to enroll in 2024 DMC 
for the days they marketed milk in the 2024 calendar year.

DATES: 
    Effective: May 9, 2024.
    Application deadline for dissolved dairies to apply for DMC: May 
23, 2024.

FOR FURTHER INFORMATION CONTACT: Douglas Kilgore; telephone: (717) 887-
0963; email: [email protected]. Individuals who require 
alternative means of 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: 

Correction

    FSA announced changes made to DMC in a final rule on February 27, 
2024 (89 FR 14372-14376). FSA inadvertently omitted a modification in 7 
CFR 1430.403 to allow dairy operations that dissolved in the 2024 
calendar year prior to or during the 2024 DMC coverage election period, 
the opportunity to enroll in 2024 DMC for the days the dairy operations 
were still in business and commercially marketing milk.
    This technical correction amends the DMC regulation in 7 CFR 
1430.403(a)(1) by inserting ``and 2024'' to address the unintentional 
exclusion of dairy operations that dissolved and stopped commercially 
marketing milk in the 2024 calendar year at any time before or during 
the DMC 2024 enrollment period that began on February 2, 2024, and ends 
on April 29, 2024.
    Under the February 27, 2024, final rule, to be approved for 
enrollment in DMC, participating dairy operations must certify that 
they are commercially marketing milk at the time of application for 
DMC. Most DMC annual enrollment periods occur before the start of the 
coverage year. However, DMC changes authorized by the Further 
Continuing Appropriations and Other Extensions Act, 2024 (Pub. L. 118-
22) required that a regulatory amendment to DMC be published before the 
coverage election period for 2024 could begin. As a result, some dairy 
operations that were marketing milk early in 2024, but then dissolved, 
were not eligible for 2024 DMC for the days they marketed milk in 2024.
    The technical correction to the rule is consistent with how 
dissolved dairy operations were treated during coverage election 
periods that did not begin before the start of the applicable DMC 
coverage year in the past. For example, in 2019, when the 2019 DMC 
coverage election period was delayed until mid-year, provisions were 
provided in the rule to allow dairy operations that dissolved in the 
2019 calendar year prior to or during the 2019 coverage election period 
the opportunity to enroll in 2019 DMC and receive benefits for the days 
they were commercially marketing milk. This technical correction 
provides dissolved dairy operations the opportunity to enroll in 2024 
DMC under provisions consistent with 2019 DMC implementation. This is 
also consistent with the Congressional intention that DMC be available 
to eligible dairy operations as of the start of the 2024 calendar year, 
as illustrated by section 102(g) of Title I of Division B of the 
Further Continuing Appropriations and Other Extensions Act, 2024, which 
provides for the extension of DMC, among other provisions, to be 
effective as of September 30, 2023.
    To enroll, you must send your application for 2024 DMC to the 
administrative county FSA office serving the dairy operation. 
Participating dairy operations that dissolved in the 2024 calendar year 
prior to or during the 2024 DMC coverage election period may apply for 
DMC. The deadline for dissolved dairies to apply for DMC is May 23, 
2024. This application is to enroll in 2024 DMC for the days the 
dissolved dairy operation was still in business and commercially 
marketing milk.

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 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

[[Page 39540]]

complaint form, call (866) 632-9992. Submit your completed form or 
letter to USDA by: (1) mail to: U.S. Department of Agriculture, Office 
of the Assistant Secretary for Civil Rights, 1400 Independence Avenue 
SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email: 
[email protected].
    USDA is an equal opportunity provider, employer, and lender.

List of Subjects in 7 CFR Part 1430

    Dairy products, Fraud, Penalties, Price support programs, Reporting 
and recordkeeping requirements.

    For the reasons discussed above, CCC amends 7 CFR part 1430 as 
follows:

PART 1430--DAIRY PRODUCTS

0
1. The authority citation for part 1430 continues to read as follows:

    Authority:  7 U.S.C. 9051-9060 and 9071 and 15 U.S.C. 714b and 
714c.

Subpart D--Dairy Margin Coverage Program


Sec.  1430.403  [Amended]

0
2. In Sec.  1430.403, amend paragraph (a)(1) by removing the year 
``2019'' and adding ``2019 and 2024'' in its place.

Zach Ducheneaux,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 2024-10162 Filed 5-8-24; 8:45 am]
BILLING CODE 3410-E2-P