Federal Register - January 6, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 SBREFA, Pub. L.
104121, generally requires an agency to prepare a regulatory flexibility analysis of any rule whenever an agency is required by the Administrative Procedure Act or any other law to publish a proposed rule, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.
This rule is not subject to the Regulatory Flexibility Act because USDA is not required by Administrative Procedure Act or any law to publish a proposed rule for this rulemaking.
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Environmental Review The environmental impacts of this final rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act NEPA, 42 U.S.C. 43214347, the regulations of the Council on Environmental Quality 40 CFR parts 15001508, and the FSA regulation for compliance with NEPA 7 CFR part 799. The legislative intent for implementing the QLA Program is to
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provide assistance to producers who suffered eligible crop quality losses due to hurricanes, excessive moisture, floods, drought, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in calendar years 2018 and 2019.
While OMB has designated this rule as economically significant under Executive Order 12866, economic or social effects are not intended by themselves to require preparation of an environmental impact statement see 40 CFR 1502.16b, when not interrelated to natural or physical environmental effects.
For this rule, the FSA Categorical Exclusions found in 7 CFR 799.31
apply, specifically 7 CFR
799.31b6iii, iv, and vi that is, 799.31b6iii Financial assistance to supplement income, manage the supply of agricultural commodities, or influence the cost or supply of such commodities or programs of a similar nature or intent that is, price support programs; 799.31b6iv Individual farm participation in FSA programs where no ground disturbance or change in land use occurs as a result of the proposed action or participation; and 799.31b6vi Safety net programs
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administered by FSA. No Extraordinary Circumstances 7 CFR 799.33 exist.
For the outlined reasons, FSA has determined that the implementation of the QLA Program and the participation in the QLA Program does not constitute a major Federal action that would significantly affect the quality of the human environment, individually or cumulatively. Therefore, FSA will not prepare an environmental assessment or environmental impact statement for this regulatory action.
Executive Order 12372
Executive Order 12372, Intergovernmental Review of Federal Programs, requires consultation with State and local officials that would be directly affect by proposed Federal financial assistance. 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. For reasons specified in the final rule related notice to 7 CFR
part 3015, subpart V 48 FR 29115, June 24, 1983, the programs and activities
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