Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations likelihood of a pro-rate, no payments are assumed for FY 2021.
Changes to CREP program partner percentages do not change the partners overall contribution and are expected to increase outlays minimally. When state
law requires producers to install buffers or take other measures to address water quality issues, CREP payments have been reduced; that payment reduction is now eliminated and outlays are expected to increase modestly. This is
70697

because only Vermont has such a law and exposure in that State is limited.
The marketing assistance loan changes are technical changes and are not addressed here.

TABLE 1SUMMARY OF CHANGES AND ESTIMATED FISCAL YEAR OUTLAYS FOR FY 2021FY 2023
FY 2021
net estimated outlays in million $

Item
FY 2022
net estimated outlays in million $

FY 2023
net estimated outlays in million $
a $101.95

Item 1 Calculate the DMC formula using 100 percent premium alfalfa hay
Item 2 Allow supplemental dairy production to become eligible for DMC payments b Item 3 Implement DIPP changes
Item 4 Implement a one-time OFF Program
Item 5 Modify certain CRP provisions
Item 6 Add MAL and LDP housekeeping changes associated with the 2018 Farm Bill

$108.47
110.31
4.19
c n.a.
d n.a.

$125.01
273.66
2.15
c 8.73
d negligible
260.55
3.27
c n.a.
d negligible
e n.a.

e n.a.

e n.a.

Total

222.97

405.25

359.23

a For
Items 1 and 2, the FY 2023 net estimated outlays include outlays for October 2023, November 2023, and December 2023. For item 1, net outlays for the first quarter of FY 2024 are included in addition to net outlays for FY 2023 because 2018 Farm Bill provisions for DMC expire at the end of calendar year 2023.
b Estimated costs accrued for FY 2021 of $110.31 million do not include costs associated with the first quarter of FY 2021. Total gross and net outlays for the entirety of the 3-year program are estimated at $661.77 million and $644.52 million, respectively.
c The OFF Program is a one-time program and all outlays are expected to occur in FY 2022 due to the likelihood of a pro-rata factor after all applications are received. The $8.73 million is calculated for FY 2022 as $9 million less a 3 percent reserve.
d Impacts for the CRP rule changes are expected to be quite small; see the discussion in the full Cost Benefit Analysis for the discussion.
e These are housekeeping changes and the impacts are similarly not addressed here.

khammond on DSKJM1Z7X2PROD with RULES

Environmental Review The environmental impacts of this final rule 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, the FSA regulation for compliance with NEPA 7 CFR part 799, and, because FSA will be making the payments to producers, the USDA
regulation for compliance with NEPA 7
CFR part 1b.
Although OMB has designated this rule as economically significant under Executive Order 12866, economic or social effects are not intended by themselves to require preparation of an environmental impact statement when not interrelated to natural or physical environmental effects see 40 CFR 1502.16b.
The intent of DMC, DIPP, MAL, LDP, and the OFF Program are to compensate producers who have suffered revenue losses. The discretionary aspects of the programs being revised in this rule do not have the potential to impact the human environment. As such, for these programs, the FSA categorical exclusions in 7 CFR 799.31 apply, specifically 7 CFR 799.31b6iii, iv and vi, as follows: 799.31b6iii, Financial assistance to supplement income, manage the supply of agricultural commodities, or influence
VerDate Sep<11>2014

15:56 Dec 10, 2021

Jkt 256001

the cost or supply of such commodities or programs of a similar nature or intent that is, price support programs; and 799.31b6vi, Safety net programs administered by FSA for DMC, DIPP, MAL, and LDP.
For CRP, the changes proposed are administrative in nature and covered by the USDA categorical exclusion found at 7 CFR 1b.3a2. This categorical exclusion applies to activities that deal solely with the funding of programs, such as program budget proposals, disbursements, and the transfer or reprogramming of funds. While this environmental review evaluates impacts programmatically, it does not substitute for or alter the existing requirement for site-specific environmental reviews for all CRP applications.
Through this review, FSA determined that the proposed discretionary changes in this rule fit within the categorical exclusions listed above. Categorical exclusions apply when no extraordinary circumstances exist 7 CFR 799.33. As such, FSA evaluated the potential for extraordinary circumstances and determined that none apply because the discretionary provisions identified in this final rule are minor and administrative in nature, are intended to clarify the mandatory requirements of the programs, and do not constitute a major Federal action that would significantly affect the quality of the human environment, individually or cumulatively. Therefore, an
PO 00000

Frm 00009

Fmt 4700

Sfmt 4700

environmental assessment or environmental impact statement will not be prepared for this regulatory action; 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.
For the Supplemental DMC
implementation, Supplemental DMC
payments will be made retroactively, starting in January 2021, for the months when DMC triggered. For the DIPP rule changes, a payment to indemnify affected farmers for affected cows due to known chemical residues will be made retroactively, as explained above. For the MAL and LDP changes, the changes were implemented administratively, as discussed above. Therefore, this rule has retroactive effect for MAL and LDP for the 2018 crop year, and as specified by the 2018 Farm Bill and explained in this rule, certain provisions are effective beginning December 20, 2018. 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.

E:FRFM13DER1.SGM

13DER1