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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
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 recognizes that the Miccosukee Indian Reservation lies in the Northwest corner of Miami-Dade County but was outside of the boundaries of the Oriental fruit fly quarantine. 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 payments, and MAL and LDP
assistance and other issues.
Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 UMRA, Pub. L.
1044 requires Federal agencies to assess the effects of their regulatory actions of State, local, and Tribal governments or the private sector.

Agencies generally must prepare a written statement, including 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 Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective 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.
Paperwork Reduction Act PRA
As noted above, the regulations to implement the DMC Program, DIPP, and MAL and LDP Programs are exempt from PRA as specified in 7 U.S.C. 9091
and the regulations to implement CRP is exempt from PRA as specified in 16
U.S.C. 3846.
The following new information collection request that supports the OFF
Program was submitted to OMB for emergency approval. FSA will collect and evaluate the application from the producers and other required paperwork for determining the producers eligibilities and assist in producers payment calculations. FSA is requesting comments from interested individuals and organizations on the information collection activities related to the OFF
Program as described in this rule.
Following the 60-day public comment period for this rule, the information collection request will be submitted to OMB for the 3-year approval to ensure adequate time for the information collection for the duration of OFF.
Title: Oriental Fruit Fly OFF
Program.

Form name
Form No.

Oriental Fruit Fly Program Application
Farm Operating Plan for Payment Eligibility
Average Adjusted Gross Income AGI Certification and Consent to Disclosure
Certification of Income from Farming, Ranching and Forestry Operations, optional
Member Information for Legal Entities, if applicable
Highly Erodible Land Conservation HELC and Wetland Conservation Certification exempt from PRA, 16 U.S.C. 3846.

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Federal Assistance Programs The titles and numbers of the Federal assistance programs in the Catalog of Federal Domestic Assistance to which this rule applies are:
10.051Commodity Loans and Loan Deficiency Payments
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FSA438
CCC902
CCC941
CCC942
CCC901
AD1026

10.053Dairy Indemnity Payment Program 10.069Conservation Reserve Program 10.127Dairy Margin Coverage Program 10.134Oriental Fruit Fly Program USDA Non-Discrimination Policy In accordance with Federal civil rights law and USDA civil rights
PO 00000

OMB Control Number: 0560New.
Type of Request: New Collection.
Abstract: This information collection is required to support the regulation in 7 CFR part 756 for the OFF Program that establishes the requirements for eligible producers who suffered eligible revenue losses resulting from the Oriental fruit fly quarantine as specified in Public Law 1166 the Consolidated Appropriations Act, 2019. The information collection is necessary to evaluate the application and other required paperwork for determining the producers eligibilities and assist in 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 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 0.50 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: 750.
Estimated Number of Reponses per Respondent: 1.933.
Estimated Total Annual Responses:
1450.
Estimated Average Time per Response: 0.36.
Estimated Annual Burden on Respondents: 522.
For the OFF Program, the per form estimated burden is:

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Number of respondents 750
300
300
10
90
300

Total burden hours 375
24
75
3 45
24

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,
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