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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations in excess of the amount available, FSA
will prorate payments by a national factor to reduce the payments to an amount that is less than available funds as determined by the Secretary.
c Applications and claims that are unpaid or prorated for any reason will not be carried forward for payment under other funds for later years or otherwise, but will be considered, as to any unpaid amount, void and nonpayable.

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760.1814 Requirement to purchase crop insurance or NAP coverage.

a For the first 2 consecutive crop years for which crop insurance or NAP
coverage is available after the enrollment period for the QLA Program ends, a participant who receives payment under this subpart for a crop loss in a county must obtain:
1 For an insurable crop, crop insurance with at least a 60 percent coverage level for that crop in that county; or 2 For a NAP-eligible crop, NAP
coverage with a coverage level of 60
percent.
b Participants who exceed the average adjusted gross income limitation for NAP payment eligibility 1
for the applicable crop year may meet the purchase requirement specified in paragraph a2 of this section by purchasing Whole-Farm Revenue Protection crop insurance coverage, if eligible, or paying the NAP service fee and premium even though the participant will not be eligible to receive a NAP payment due to the average adjusted gross income limit.
c The final crop year to purchase crop insurance or NAP coverage to meet the requirements of paragraph a of this section is the 2023 crop year.
d A participant who obtained crop insurance or NAP coverage for the crop in accordance with the requirements for WHIP+ in 760.1517 is considered to have met the requirement to purchase crop insurance or NAP coverage for the QLA Program.
e If a producer fails to obtain crop insurance or NAP coverage as required in this section, the producer must reimburse FSA for the full amount of QLA Program payment plus interest. A
producer will only be considered to have obtained NAP coverage for the purposes of this section if the participant submitted a NAP application for coverage and paid the requisite NAP
service fee and any applicable premium by the applicable deadline and completed all program requirements 1 See
1400.500a and 1400.1a4 of this title.

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required under the coverage agreement, including filing an acreage report.
Richard Fordyce, Administrator, Farm Service Agency.
FR Doc. 202028914 Filed 1521; 8:45 am BILLING CODE 341005P

DEPARTMENT OF ENERGY
10 CFR Part 1061
RIN 1990AA50

Procedures for the Issuance of Guidance Documents Office of the General Counsel, Department of Energy.
ACTION: Final rule.
AGENCY:

The U.S. Department of Energy DOE publishes this final rule to establish procedures for the issuance of DOE guidance documents in accordance with Executive Order 13891. In this final rule, DOE establishes internal agency requirements for the contents of guidance documents, and procedures for providing notice of, and soliciting public comment on, certain guidance documents. This final rule also establishes procedures for the public to petition DOE to modify or withdraw guidance documents.
DATES: The effective date of this rule is February 5, 2021.
ADDRESSES: The docket for this rulemaking, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at https
www.regulations.gov. All documents in the docket are listed in the https
www.regulations.gov index. However, not all documents listed in the index, such as those containing information that is exempt from public disclosure by law, may be publicly available. A link to the docket web page can be found at https www.regulations.gov/
document?D=DOE-HQ-2020-0033-0001.
The docket web page explains how to access all documents, including public comments, in the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Matthew Ring, U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC33, 1000
Independence Avenue SW, Washington, DC 20585, 202 5862555, Email:
Guidance@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Summary of Final Rule In this final rule, DOE incorporates into the Code of Federal Regulations a new 10 CFR part 1061, which
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implements the requirements of Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents. 84 FR 55235
Oct. 15, 2019 Among other things, Executive Order 13891 requires agencies to provide more transparency for their guidance documents by creating a searchable online database for current guidance documents,1 and by establishing procedures to allow the public to comment on significant guidance documents and to petition the agency to withdraw or modify guidance documents.2 Moreover, the Executive Order requires agencies to clearly state in their guidance documents that such guidance does not have the force and effect of law and is not legally binding, except as authorized by law or as incorporated into a contract. 84 FR
55235, 55237
This final rule applies to all DOE
guidance documents, as defined by Executive Order 13891, including the exceptions listed in section 2 of the Executive Order. This final rule also lists specific types of documents and communications that fall within the broader exceptions listed in the Executive Order e.g., speeches and presentations given by DOE officials, legal positions taken in litigation or enforcement actions. See also OMB M
2002, Guidance Implementing Executive Order 13891, Titled Promoting the Rule of Law Through Improved Agency Guidance Documents Oct. 31, 2019, available at https www.whitehouse.gov/wpcontent/uploads/2019/10/M-20-02Guidance-Memo.pdf. This final rule also adopts the same definition of significant guidance document as section 2 of Executive Order 13891.
In accordance with Executive Order 13891, this final rule requires that all DOE guidance documents clearly state that they do not have the force and effect of law and are not legally binding on the public, and that they are only intended to provide clarity to the public 1 DOEs online database may be found at energy.gov/guidance.
2 Executive Order 13891 defines significant guidance document as a guidance document that may reasonably be anticipated to: i Lead to an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; ii create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; iii materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or iv raise novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles of Executive Order 12866. 84 FR 55235, 55236

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