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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
or environmental impact statement for this regulatory action will not be prepared; this rule serves as documentation of the programmatic environmental compliance decision for this Federal action.
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.
Before any judicial actions may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR parts 11 and 780 are to be exhausted.

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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.
USDA has assessed the impact of this rule on Indian Tribes and determined that this rule does not, to our knowledge, have Tribal implications that required Tribal consultation under Executive Order 13175 at this time. If a Tribe requests consultation, the USDA
Office of Tribal Relations OTR will ensure meaningful consultation is provided where changes, additions, and modifications are not expressly mandated by law. Outside of Tribal consultation, USDA is working with Tribes to provide information about CFAP additional assistance and other issues.
Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 UMRA, Public Law 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
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Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more costeffective 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.
Federal Assistance Programs The title and number of the Federal Domestic Assistance Program found in the Catalog of Federal Domestic Assistance to which this rule applies is 10.132Coronavirus Food Assistance Program 2.
Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, FSA is administering the information collection activities under a currently approved information collection request of OMB
control number of 05600297. Thus, there are no required changes to the information collection request for FSA
in providing assistance for contract producers of eligible contract livestock and poultry and to provide additional assistance for other commodities as described in this rule.
Additionally, the new information collection request for the eligible grass seed that will be included in the CFAP
was submitted to OMB for emergency approval. FSA will collect and evaluate the application from the producers and other required paperwork. Following the 60-day public comment period provided by this rule, FSA intends to merge the burden hours associated with the new grass seed information collection request ICR into the main CFAP 2 ICR that is currently approved under OMB control number 05600297.
Title: CFAP 2.
OMB Control Number: 0560New.
Type of Request: New Collection.
Abstract: This information collection is required to support CFAP 2
information collection activities to provide payments to eligible producers who, with respect to their agricultural commodities, have been impacted by the effects of the COVID19 pandemic.
The information collection is necessary to evaluate the application and other required paperwork for determining the producers eligibility and assist in the producers payment calculations.
For the following estimated total annual burden on respondents, the formula used to calculate the total burden hour is the estimated average
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time per response multiplied by the estimated total annual responses.
Estimate of Respondent Burden:
Public reporting burden for this information collection is estimated to average 0.43 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collections of information.
Type of Respondents: Producers or farmers.
Estimated Annual Number of Respondents: 2,204.
Estimated Number of Responses per Respondent: 2.005.
Estimated Total Annual Responses:
4,419.
Estimated Average Time per Response: 0.43 hours.
Estimated Annual Burden on Respondents: 1,892 hours.
FSA is requesting comments on all aspects of this information collection to help us to:
1 Evaluate whether the collection of information is necessary for the proper performance of the functions of FSA, including whether the information will have practical utility;
2 Evaluate the accuracy of the FSAs estimate of burden including the validity of the methodology and assumptions used;
3 Enhance the quality, utility, and clarity of the information to be collected; and 4 Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
All comments received in response to this document, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission for Office of Management and Budget approval.
USDA Non-Discrimination Policy In accordance with Federal civil rights law and U.S. Department of Agriculture 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
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