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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES

businesss gross revenue for 2019, $140,000, will be divided by the number of days its operation existed, 138 days, to get the businesss 2019 gross revenue per day. That amount, $1,014.49275 not rounded, is then multiplied by the number of days the business existed in 2020 if the business existed during the entire application period, 335 days. This amount, $339,855.0724 not rounded will then be used as the businesss 2019
gross revenue in the PATHH payment calculation. Seasonal timber harvesting and timber hauling business will be considered in operation during the entire PATHH applicable period and their gross revenue will not be prorated.
FSA will issue an initial payment equal to the lesser of:
The amount calculated above; or $2,000.
After the close of the application period, FSA will issue a final payment equal to the amount calculated above minus the amount of the applicants initial payment. If total calculated payments exceed the total funding available for PATHH, the payment limitation may be adjusted and the final payment amounts will be prorated to stay within the amount of available funding. An initial payment to a recipient will not be recalculated or reduced if the factored payment to that recipient is $2,000 or less.
Miscellaneous Provisions In the event that a PATHH payment resulted from erroneous information reported by the applicant, the payment will be recalculated, and the applicant must refund any excess payment to FSA, including interest to be calculated from the date of disbursement.
If FSA determines that the applicant intentionally misrepresented their total gross revenue, their application will be disapproved and they must refund to USDA all PATHH payments made to the applicant with interest from the date of disbursement.
If any corrections to the ownership interest in the business result in a lower PATHH payment, the applicant must refund the difference with interest from the date of disbursement.
Any required refunds must be resolved in accordance with debt settlement regulations in 7 CFR part 3.
Equitable relief and finality provisions of 7 CFR 718 subpart D apply to determinations under PATHH, as well as appeal regulations in 7 CFR
parts 11 and 780. The determination of matters of general applicability that are not in response to, or result from, an individual set of facts in an individual participants application for payment are not matters that can be appealed.

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Such matters of general applicability include, but are not limited to, program definitions, payment limitation, the method of determining gross revenue loss, and the PATHH payment calculation.
A timber hauling business or timber harvesting business may file an application with the FSA county office after the PATHH application deadline, along with a statement as to why the application is being filed after the deadline. In such case the application and statement will be considered a request to waive the application deadline. If funding is available, the Deputy Administrator has the discretion and authority to consider the case and waive or modify application deadlines and other requirements or program provisions not specified in law, in cases where the Deputy Administrator determines it is equitable to do so and where the Deputy Administrator finds that the lateness or failure to meet such other requirements or program provisions do not adversely affect the operation of PATHH. Although applicants have a right to a decision on whether they filed applications by the deadline or not, applicants have no right to a decision in response to a request to waive or modify deadlines or program provisions. The Deputy Administrators refusal to exercise discretion to consider the request will not be considered an adverse decision and is, by itself, not appealable.
PATHH payments will be made without regard to questions of title under State law and without regard to any claim or lien against the timber harvesting or hauling business. The regulations governing offsets in 7 CFR
part 3 do not apply to PATHH
payments.
Perjury In either applying for or participating in PATHH, or both, the applicant is subject to laws against perjury and any penalties and prosecution resulting therefrom, with such laws including but not limited to 18 U.S.C. 1621. If the applicant willfully makes and represents as true any verbal or written declaration, certification, statement, or verification that the applicant knows or believes not to be true, in the course of either applying for or participating in PATHH, or both, then the applicant is guilty of perjury and, except as otherwise provided by law, may be fined, imprisoned for not more than 5
years, or both, regardless of whether the applicant makes such verbal or written declaration, certification, statement, or verification within or without the United States.

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Paperwork Reduction Act Requirements In accordance with the Paperwork Reduction Act of 1995 44 U.S.C.
chapter 35, the emergency information collection request has been submitted to the Office of Management and Budget OMB. OMB approved the 6-month emergency PATHH information collection activity. FSA is providing direct payments to eligible applicants who have suffered a gross revenue loss of at least 10 percent for the period of January 1, 2020, through December 1, 2020, compared to the period of January 1, 2019, through December 1, 2019.
Environmental Review The environmental impacts 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.
As previously stated, PATHH is providing payments to eligible timber harvesting and hauling businesses who have suffered a gross revenue loss of at least 10 percent for the period of January 1, 2020, through December 1, 2020, compared to the period of January 1, 2019, through December 1, 2019. The limited discretionary aspects of PATHH
do not have the potential to impact the human environment as they are administrative. Accordingly, these discretionary aspects are covered by the FSA Categorical Exclusions specified in 7 CFR 799.31b6iii that applies to price support programs and 799.31b6vi that applies to safety net programs.
No Extraordinary Circumstances 799.33 exist. As such, the implementation of PATHH and the participation in PATHH do not constitute major Federal actions 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 action and this document serves as documentation of the programmatic environmental compliance decision for this federal action.
Federal Assistance Programs The title and number of the Federal assistance programs, as found in the Catalog of Federal Domestic Assistance, to which this document applies is 10.137Pandemic Assistance for Timber Harvesters and Haulers Program.

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