Voglio sapere a riguardo di…

khammond on DSKJM1Z7X2PROD with RULES

Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations the program if they file a report with a Federal milk marketing order and incur a qualified expense as defined by program provisions. Program provisions are administered without regard for business size. The paperwork required to participate asks for information that is part of normal business records.
The definition of an eligible distributor is a public or private nonprofit feeding organization that distributes or coordinates distribution of donated eligible dairy products to recipient individuals and families.
Eligible distributors, regardless of size, can voluntarily participate in the DDP if they form a partnership with an eligible dairy organization. The information collection burden for eligible distributors is minimal as they must only compete the Plan form with the partnering EDO. The voluntary nature of the program allows any eligible distributor to stop participating if they find the program causes an undue or disproportionate burden.
AMS has determined establishment of this program will not have a significant economic impact on small entities.
Program provisions will be applied uniformly to both large and small businesses and are not expected to burden small entities unduly or disproportionately.

teleconference with tribal leaders where matters of mutual interest regarding the marketing of agricultural products are discussed. Information about the DDP
will be shared during an upcoming quarterly call, and tribal leaders will be informed about the interim final rule and the opportunity to submit comments. AMS will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided as needed with regards to the DDP.

Executive Order 13175
This interim final rule has been reviewed under Executive Order 13175Consultation 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: 1 Policies that have tribal implication, including regulation, legislative comments, or proposed legislation; and 2 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.
Tribal governments operating nonprofit organizations feeding recipient individuals and families could qualify as eligible distributors and thus benefit from participation in the DDP. The regulatory burden from participating would be minimal, estimated at 15
minutes for completing an Eligible Distributor Certification Form.
AMS has assessed the impact of this proposed rule on Indian tribes and determined that this rule would not have tribal implications that require consultation under Executive Order 13175. AMS hosts a quarterly
Civil Rights Review AMS has considered the potential civil rights implications of this rule on minorities, women, and persons with disabilities to ensure that no person or group shall be discriminated against on the basis of race, color, national origin, gender, religion, age, disability, sexual orientation, marital or family status, political beliefs, parental status, or protected genetic information. This review included persons that are employees of the entities who are subject to these regulations. This interim final rule does not require affected entities to relocate or alter their operations in ways that could adversely affect such persons or groups. Further, this rule does not deny any persons or groups the benefits of the program or subject any persons or groups to discrimination.
AMS found no evidence this voluntary program and the associated interim final rule will cause adverse or disproportionate impacts on minorities, women, and persons with disabilities.
AMSs analysis found no evidence that a potential impact will affect dairy farmers or processors in any protected groups, or that these impacts will be different than any participating general population of dairy farmers and processors.

VerDate Sep<11>2014

16:01 Aug 31, 2021

Jkt 253001

Executive Order 12988
This rule has been reviewed under Executive Order 12988Civil Justice Reform. This final rule may have retroactive effect. Dairy donations made starting January 1, 2020, prior to the effective date of the rule may be eligible for reimbursement if the eligible partnerships Donation and Distribution Plan is approved and if the partnership meets all other program requirements.
Dairy donations made prior to 2020 are not eligible for reimbursement under the program. There are no administrative procedures that must be exhausted prior to judicial challenges to the provisions of this rule. The DDP will not preempt any state or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule.

PO 00000

Frm 00011

Fmt 4700

Sfmt 4700

48897

Executive Order 13132
AMS has examined the effects of provisions in this interim final rule on the relationship between the Federal Government and the States, as required by Executive Order 13132 on Federalism. The DDP will reimburse EDOs for eligible dairy products donated to eligible distributors. The DDP will not preempt any State or local laws, regulations, or policies pertaining to the sale, manufacturing or distribution of milk or dairy products within States.
List of Subjects 7 CFR Part 1146
Milk, Donations, Reporting and recordkeeping requirements.
7 CFR Part 1147
Dairy, Donations, Food waste, Emergency, Reporting and recordkeeping requirements.
For reasons set forth in the preamble, AMS is amending 7 CFR Chapter X as follows:
PART 1146MILK DONATION
REIMBURSEMENT PROGRAM
1. The authority for part 1146
continues to read as follows:

Authority: Sec. 1431, Pub. L. 11379, 128
Stat. 695, as amended.

2. In part 1146, revise all references to Milk Donation and Distribution Plan to read Dairy Donation and Distribution Plan.
3. Amend 1146.1 by revising the term eligible dairy organization and adding the term qualified expense in alphabetical order to read as follows:

1146.1

Definitions.

Eligible dairy organization means a dairy farmer, either individually or as part of a cooperative, or a dairy processor that:
1 Accounts to a Federal Milk Marketing Order; and 2 Incurs a qualified expense described in 1146.1.

Qualified expense means the cost incurred to purchase fresh fluid milk product or bulk dairy commodity product for processing into eligible dairy products.

4. Revise 1146.102 to read as follows:
1146.102
plans.

Dairy donation and distribution
Eligible partnerships must submit a completed Dairy Donation and
E:FRFM01SER1.SGM

01SER1