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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations within this rule are excluded from the scope of Executive Order 12372 which requires intergovernmental consultation with State and local officials.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule.
The rule will not have retroactive effect.
Before any judicial action may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR parts 11 and 780
must be exhausted.

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Executive Order 13132
This rule has been reviewed under Executive Order 13132, Federalism.
The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Executive Order 13175
requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
The USDAs Office of Tribal Relations OTR has assessed the impact of this rule on Indian Tribes and determined that this rule may have significant Tribal implications that require ongoing adherence to Executive Order 13175.
OTR notes that the programs are similar to programs that have been administered by FSA and RMA in the past; having not heard any concerns regarding the administration of these in the past, and the fact that provisions are mandated in the Disaster Relief Act, OTR recommended that consultation is not required at this time. Tribes can
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request consultation at any time. FSA
will work with OTR to ensure meaningful consultation is provided where changes, additions, and modifications identified in this rule are not expressly mandated by law.
The Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 UMRA, Pub. L.
1044 requires Federal agencies to assess the effects of their regulatory actions on State local, and Tribal governments or the private sector.
Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule.
This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local, and Tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.
Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, FSA submitted the QLA Program information collection request to OMB for emergency approval.
OMB approved the 6-month emergency information collection.
E-Government Act Compliance FSA is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
Federal Assistance Programs The titles and numbers of the Federal Domestic Assistance Program found in the Catalog of Federal Domestic Assistance to which this rule applies are:
10.129Wildfire and Hurricanes Indemnity Program Plus 10.133Quality Loss Adjustment Program List of Subjects in 7 CFR Part 760
Dairy products, Indemnity payments, Reporting and recordkeeping requirements.
For the reasons discussed above, FSA
amends 7 CFR part 760 as follows:

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PART 760INDEMNITY PAYMENT
PROGRAMS
1. Revise the authority citation for part 760 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. 109234, 120 Stat. 474; Title IX, Pub.
L. 11028, 121 Stat. 211; Sec. 748, Pub. L.
11180, 123 Stat. 2131; Title I, Pub. L. 115
123, 132 Stat. 65; Title I, Pub. L. 11620, 133
Stat. 871; and Division B, Title VII, Pub. L.
11694, 133 Stat. 2658.

Subpart OAgricultural Disaster Indemnity Programs 760.1500

Amended
2. In 760.1500c, remove the words and wildfires and add wildfires, excessive moisture, and qualifying drought in their place.
3. Amend 760.1502 as follows:
a. In the definition of Qualifying disaster event, in paragraph 2 of remove the word wildfire and add wildfire, excessive moisture, qualifying drought in its place; and b. Add the definitions of Qualifying drought and U.S. Drought Monitor in alphabetical order.
The additions read as follows:

760.1502

Definitions.

Qualifying drought means an area within the county was rated by the U.S.
Drought Monitor as having a D3
extreme drought or higher level of drought intensity during the applicable calendar year.

U.S. Drought Monitor is a system for classifying drought severity according to a range of abnormally dry to exceptional drought. It is a collaborative effort between Federal and academic partners, produced on a weekly basis, to synthesize multiple indices, outlooks, and drought impacts on a map and in narrative form. This synthesis of indices is reported by the National Drought Mitigation Center at http
droughtmonitor.unl.edu.

4. In 760.1503, add paragraph j to read as follows.
760.1503

Eligibility.

j Members of cooperative processors are not eligible for WHIP+ assistance for sugar beet losses.
760.1508

Amended
5. Amend 760.1508 as follows:
a. In paragraph c, remove the cross reference paragraph b1 and add the cross reference paragraph b in its place; and

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