This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

62285 

Vol. 88, No. 174 

Monday, September 11, 2023 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 760 

[Docket ID: FSA–2022–0016] 

RIN 0560–AI64 

Milk Loss Program and Emergency 

Relief Program 

AGENCY: Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

provisions for providing agricultural 

disaster assistance as authorized by the 

Extending Government Funding and 

Delivering Emergency Assistance Act of 

2021 and the Disaster Relief 

Supplemental Appropriations Act, 

2023. The assistance will be for 2020, 

2021, and 2022 milk losses. The Milk 

Loss Program will provide payments to 

eligible dairy operations for milk that 

was dumped or removed without 

compensation from the commercial milk 

market due to disaster events including 

droughts, wildfires, hurricanes, floods, 

derechos, excessive heat, winter storms, 

freeze (including a polar vortex), and 

smoke exposure that occurred in the 

2020, 2021, and 2022 calendar years. 

Additionally, the Disaster Relief 

Supplemental Appropriations Act, 

2023, also authorizes assistance for 

eligible milk losses due to tornadoes 

that occurred in 2022. This rule 

specifies the administrative provisions, 

eligibility requirements, application 

procedures, and payment calculations 

for the Milk Loss Program. This rule 

also makes corrections to Phase 2 of the 

Emergency Relief Program (ERP). 

DATES: 

Effective date: September 11, 2023. 

Comment date: We will consider 

comments on the information collection 

requirements under the Paperwork 

Reduction Act that we receive by: 

November 13, 2023. 

Milk Loss Program application 

deadline: October 16, 2023. 

ADDRESSES: We invite you to submit 

comments on the information collection 

requirements. You may submit 

comments by any of the following 

methods: 

• Federal eRulemaking Portal: Go to: 

www.regulations.gov and search for 

docket ID FSA–2022–0016. Follow the 

instructions for submitting comments. 

• Mail: Director, PSD, FSA, USDA, 

1400 Independence Avenue SW, Stop 

0512, Washington, DC 20250–0522. 

Comments will be available for 

viewing online at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

the Milk Loss Program: Douglas E. 

Kilgore; telephone: (202) 720–9011; or 

email: douglas.e.kilgore@usda.gov. For 

ERP: Kathy Sayers; telephone: (202) 

720–7649; or email: kathy.sayers@

usda.gov. Persons with disabilities who 

require alternative means for 

communication should contact the U.S. 

Department of Agriculture (USDA) 

Target Center at (202) 720–2600 (voice 

and text telephone (TTY)) or dial 711 for 

Telecommunications Relay service (both 

voice and text telephone users can 

initiate this call from any telephone). 

SUPPLEMENTARY INFORMATION: 

Background 

This rule establishes the Milk Loss 

Program to provide disaster assistance 

for certain milk losses. The Extending 

Government Funding and Delivering 

Emergency Assistance Act of 2021 (Pub. 

L. 117–43) provides $10 billion for crop 

losses, including milk losses, that 

occurred in calendar years 2020 and 

2021 due to qualifying disaster events. 

The Disaster Relief Supplemental 

Appropriations Act, 2023, Division N of 

the Consolidated Appropriations Act, 

2023 (Pub. L. 117–328) provides 

approximately $3.7 billion for disaster 

assistance for similar crop losses that 

occurred in calendar year 2022. The 

disaster assistance outlined in both laws 

is for necessary expenses related to 

losses of crops, including milk and onfarm stored commodities, as a 

consequence of droughts, wildfires, 

hurricanes, floods, derechos, excessive 

heat, winter storms, freeze (including a 

polar vortex), and smoke exposure. In 

addition, the Disaster Relief 

Supplemental Appropriations Act, 2023 

authorized assistance for losses as a 

consequence of tornadoes occurring in 

2022. 

This rule establishes the Milk Loss 

Program to provide assistance for 

qualifying milk losses. 

The Milk Loss Program allows eligible 

dairy operations to receive payments for 

milk that was dumped or removed 

without compensation from the 

commercial milk market due to 

qualifying weather events that inhibited 

the delivery of milk or the storage of 

milk due to weather-related issues, such 

as power outages or impassable roads, 

for the 2020, 2021, and 2022 calendar 

years. 

This rule also makes minor 

corrections to the ERP Phase 2 payment 

calculation and the producer eligibility 

requirements. 

Milk Loss Program 

The Milk Loss Program will provide 

payments to dairy operations for milk 

that was dumped or removed without 

compensation from the commercial milk 

market due to qualifying disaster events. 

The milk loss base period is the first 

full month of milk production before the 

dumping or removal of milk first 

occurred due to a qualifying disaster 

event. The base period milk production 

is used to determine the average daily 

milk production from the cows in the 

dairy operation. The average daily milk 

production calculation includes the 

number of cows, the pounds of milk 

marketed for the month, and the number 

of days in the month. 

The claim period for milk loss is each 

calendar month that milk was dumped 

or removed from the commercial market 

due to a qualifying disaster event. Each 

milk loss application covers the loss in 

a single calendar month. Milk loss that 

occurs in more than one calendar month 

due to the same qualifying disaster 

event requires a separate application for 

each month. The days that are eligible 

for indemnification begin on the date 

the milk was removed or dumped and 

continue for the concurrent days milk 

was removed or dumped. Once the 

dairy operation returns to the normal 

marketing of milk, the dairy operation is 

no longer eligible for assistance for milk 

removed or dumped due to that 

qualifying disaster unless after restarting 

commercial marketing of milk, 

additional milk is removed or dumped 

due to the same qualifying disaster 

even. The dairy operation will provide 

the milk marketing statement for the 


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62286 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

1 Divided by 100 to convert to hundredweight. 

2FSA calculates payments based on a higher 

payment factor for underserved farmers and 

ranchers (or specific groups included in that term) 

in several programs, such as the Emergency 

Conservation Program; the Emergency Assistance 

for Livestock, Honeybees, and Farm-raised Fish 

Program; and the Tree Assistance Program. FSA has 

also used higher payment factors for these 

producers in several recently announced programs: 

the Food Safety Certification for Specialty Crops 

Program, the Organic and Transitional Education 

and Certification Program, the Pandemic Assistance 

Revenue Program, the Emergency Livestock Relief 

Program, and the Emergency Relief Program. In 

addition, the Noninsured Crop Disaster Assistance 

Program provides a reduced service fee and 

premium for underserved farmers and ranchers. 

This approach supports the equitable 

administration of FSA programs, as underserved 

farmers and ranchers are more likely to lack 

financial reserves and access to capital that would 

allow them to cope with losses due to unexpected 

events outside of their control. 

3The gross ERP Phase 1 calculated payment is the 

calculated payment amount prior to any payment 

reductions for reasons including, but not limited to, 

sequestration and payment limitation. 

month prior to the month milk was 

removed or dumped and for the month 

that the milk dumping occurred and 

will verify the days the dairy operation 

did not commercially market milk. For 

the Milk Loss Program, the duration of 

yearly claims is limited to 30 days per 

year for 2020, 2021, and 2022. 

The fair market value of removed or 

dumped milk represents the dollar 

value the dairy operation would have 

received if it had commercially 

marketed such milk for that month. The 

dairy operation’s milk marketing 

statement from the claim period will be 

used to verify the days milk was not 

marketed. 

The Milk Loss Program payment 

calculation is as follows: 

(Base period per cow average daily milk 

production × number of milking cows in 

claim period × number of days milk was 

removed or dumped in claim period) ÷ 

100 1) × per hundredweight pay price. 

The per hundredweight pay price is 

calculated as follows: 

Gross pay price from claim period milk 

marketing statement ¥ the hauling rate 

¥ $0.15 promotion fee = per 

hundredweight pay price. 

The final Milk Loss Program payment 

is determined by factoring the Milk Loss 

Program payment calculation by a: 

• 90 percent payment factor for 

affected farmers who meet the definition 

of beginning farmer or rancher, limited 

resource farmer or rancher, socially 

disadvantaged farmer or rancher, or 

veteran farmer or rancher; 2 or 

• 75 percent payment factor for all 

other affected farmers. 

Dairy operations that apply for the 

Milk Loss Program will provide, at the 

time of application, the milk marketing 

statement for the month prior to the 

month that the milk was removed or 

dumped, the milk marketing statement 

for the affected month and a detailed 

written statement of the circumstances 

of the milk removal, including the type 

and geographic scope of the weather 

event, what transportation limitations 

occurred, and any information on what 

was done with the removed milk 

production. Any other pertinent 

information that further describes the 

reason why milk was removed or 

dumped should be included to provide 

FSA the necessary information to 

determine eligibility for the Milk Loss 

Program, as well as all other information 

required to be furnished in the 

regulation. FSA county offices can assist 

dairy operations in completing the Milk 

Loss Program application. 

Payments for the Milk Loss Program 

will be issued to eligible applicants as 

applications are received and approved. 

The deadline to apply for the Milk Loss 

Program will be October 16, 2023. 

Milk Loss Program Application Process 

USDA will accept Milk Loss Program 

applications beginning September 11, 

2023. 

To apply for the Milk Loss Program, 

affected farmers must submit a complete 

FSA–376, Milk Loss Program 

Application with applicable milk 

marketing statements, as well as all 

other information required to be 

furnished under the regulation at time 

of application, in person, by mail, email, 

facsimile, or other method announced 

by FSA to any FSA county office by the 

application deadline. 

Applicants must also submit all of the 

following items within 60 days of the 

Milk Loss Program application deadline, 

if not previously filed with FSA: 

(1) Form AD–2047, Customer Data 

Worksheet, for new customers or 

existing customers who need to update 

their customer profile; 

(2) Form CCC–860, Socially 

Disadvantaged, Limited Resource, 

Beginning and Veteran Farmer or 

Rancher Certification, applicable for the 

program year or years for which the 

affected farmer is applying for the Milk 

Loss Program, if the applicant is an 

underserved farmer or rancher;

(3) Form CCC–901, Member 

Information for Legal Entities, if 

applicable; 

(4) Form CCC–902, Farm Operating 

Plan for an individual or legal entity as 

provided in 7 CFR part 1400; 

(5) Form FSA–510, Request for an 

Exception to the $125,000 Payment 

Limitation for Certain Programs, 

accompanied by a certification from a 

certified public accountant or attorney 

as to that person or legal entity’s 

certification, for a legal entity and all 

members of that entity, for each 

applicable program year, including the 

legal entity’s members, partners, or 

shareholders, as provided in 7 CFR part 

1400; and 

(6) Form AD–1026, Highly Erodible 

Land Conservation (HELC) and Wetland 

Conservation (WC) Certification, for the 

Milk Loss Program applicant and 

applicable affiliates as provided in 7 

CFR part 12. 

If requested by FSA, the affected 

farmer must provide additional 

documentation that establishes the 

affected farmer’s eligibility for the Milk 

Loss Program. If supporting 

documentation is requested, the 

documentation must be submitted to 

FSA within 60 calendar days from the 

request or the application will be 

disapproved by FSA. 

ERP Phase 2 

FSA announced ERP Phase 2 in the 

final rule published on January 11, 2023 

(88 FR 1862–1892). This document 

corrects an error in the ERP Phase 2 

payment calculation in 7 CFR 

760.1905(b)(3), which should specify 

that a producer’s gross (not net) 

calculated ERP Phase 1 payments will 

be subtracted from the difference in a 

producer’s benchmark year allowable 

gross revenue and disaster year 

allowable gross revenue.3 The ERP 

Phase 2 payment uses a producer’s gross 

ERP Phase 1 payment in order to 

prevent paying a producer for the same 

loss under both phases of the program 

or applying different payment 

limitations to the same loss (for 

example, a 2022 crop year loss paid 

under ERP Phase 1 that also resulted in 

a reduction in allowable gross revenue 

for the 2021 disaster year under ERP 

Phase 2). A producer who received an 

ERP Phase 1 payment has already been 

paid the maximum amount they are 

eligible to receive for the loss for which 

the gross ERP Phase 1 payment amount 

was calculated. 

This document also corrects the ERP 

Phase 2 producer eligibility 

requirements in § 760.1902(b)(3) and (4). 

ERP is a single program, and FSA’s 

intent is to apply consistent producer 

eligibility requirements to both phases. 

As indicated in the ERP Phase 1 

notification of funding availability (87 

FR 30164–30172), partnerships, 

corporations, limited liability 

companies, and other organizational 

structures organized under State law 

must consist solely of citizens of the 

United States or resident aliens to be 

eligible for ERP. FSA is correcting the 


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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 62287 

ERP Phase 2 eligibility requirements to 

add that criteria, which was 

inadvertently omitted from the 

regulation. 

These changes are consistent with 

how FSA has implemented ERP Phase 

2 and do not affect any payments that 

have been issued; they are being 

corrected in this document to reflect 

how ERP Phase 2 has been 

administered. 

Notice and Comment, Effective Date, 

and Exemptions 

The Administrative Procedure Act (5 

U.S.C. 553) provides that the notice and 

comment and 30-day delay in the 

effective date provisions do not apply 

when the rule involves a matter relating 

to agency management or personnel or 

to public property, loans, grants, 

benefits, or contracts. This rule involves 

a program for payments to certain 

agricultural commodity producers and 

thus falls within the exemption for rules 

related to benefits. 

This rule is exempt from the 

regulatory analysis requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 

For major rules, the Congressional 

Review Act requires a delay in the 

effective date for 60 days from the date 

of publication to allow for 

Congressional review. This rule is not a 

major rule under the Congressional 

Review Act, as defined by 5 U.S.C. 

804(2). Therefore, this rule is effective 

upon publication in the Federal 

Register. 

Executive Orders 12866 and 13563 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasized the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

The Office of Management and Budget 

(OMB) designated this rule as not 

significant under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and therefore, OMB has not 

reviewed this rule. 

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. 4321–4347), the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and the FSA regulation for 

compliance with NEPA (7 CFR part 

799). The Milk Loss Program is 

mandated by Extending Government 

Funding and Delivering Emergency 

Assistance Act and the Consolidated 

Appropriations Act, 2023. The Milk 

Loss Program provides payments to 

eligible dairy operations for milk that 

was dumped or removed without 

compensation from the commercial milk 

market. 

The intent of the Milk Loss Program 

is to compensate affected farmers who 

have suffered post- or pre-production 

market losses due to qualifying disaster 

events. Compensation is for actions that 

do not have ground disturbing impacts 

below the level of previous disturbance 

nor negative impacts to any other 

protected natural or cultural resource. 

The limited discretionary aspects of the 

programs (for example, determining AGI 

and payment limitations) were designed 

to be consistent with established FSA 

disaster programs. As such, the FSA 

categorical exclusions found in 7 CFR 

799.31 apply, specifically 7 CFR 

799.31(b)(6)(iii) and (iv). See 

§ 799.31(b)(6)(iii) (‘‘Financial assistance 

to supplement income, manage the 

supply of agricultural commodities, or 

influence the cost or supply of such 

commodities or programs of a similar 

nature or intent (that is, price support 

programs)’’); and § 799.31(b)(6)(iv) 

(‘‘Individual farm participation in FSA 

programs where no ground disturbance 

or change in land use occurs as a result 

of the proposed action or 

participation’’). 

Through this review, FSA has 

determined that the implementation of 

the program and the participation in the 

program does 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 

rule; 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. 

The rule will not have retroactive effect. 

Before any judicial action may be 

brought regarding the provisions of this 

rule, the administrative appeal 

provisions of 7 CFR parts 11 and 780 

must be exhausted. 

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. 

FSA has assessed the impact of this 

rule on Indian Tribes and determined 

that this rule does not, to our 

knowledge, have significant Tribal 

implications that require ongoing 

adherence to Executive Order 13175 at 

this time. If a Tribe requests 

consultation, the USDA Office of Tribal 

Relations 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 pandemic assistance, agricultural 

disaster assistance, and other issues. 

The Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) 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 

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 


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62288 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

4See https://sam.gov/content/assistance-listings. 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

Federal Assistance Programs 

The titles and numbers of the Federal 

assistance programs, as found in the 

Assistance Listing 4 to which this rule 

applies are No. 10.965—Milk Loss 

Program, and 10.964—Emergency Relief 

Program. 

Paperwork Reduction Act 

In compliance with the provisions of 

the Paperwork Reduction Act (44 U.S.C. 

chapter 35), the information collection 

request has been approved by OMB 

under the control number of 0503–0028. 

FSA will collect the information from 

the dairy operations for milk to qualify 

for the payment. FSA provides one-time 

federal financial assistance program (or 

payment) to the dairy operations for 

milk as described in this document. 

Also, there are no changes to the burden 

hours for the ERP Phase 2 under the 

OMB control number of 0560–0312. 

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 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (for example, 

braille, large print, audiotape, American 

Sign Language, etc.) should contact the 

responsible Agency or USDA TARGET 

Center at (202) 720–2600 or (844) 433– 

2774 (toll-free nationwide). 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at https://

www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and 

at any USDA office or write a letter 

addressed to USDA and provide in the 

letter all the information requested in 

the form. To request a copy of the 

complaint form, call (866) 632–9992. 

Submit your completed form or letter to 

USDA by mail to: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410 or email: OAC@

usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

List of Subjects in 7 CFR Part 760 

Acreage allotments, Dairy products, 

Indemnity payments, Pesticides and 

pests, Reporting and recordkeeping 

requirements. 

For the reasons discussed above FSA 

amends 7 CFR part 760 as follows: 

PART 760—INDEMNITY PAYMENT 

PROGRAMS 

■ 1. The authority citation for part 760 

is revised to read as follows: 

Authority: 7 U.S.C. 4501 and 1531; 16 

U.S.C. 3801, note; 19 U.S.C. 2497; Title III, 

Pub. L. 109–234, 120 Stat. 474; Title IX, Pub. 

L. 110–28, 121 Stat. 211; Sec. 748, Pub. L. 

111–80, 123 Stat. 2131; Title I, Pub. L. 115– 

123, 132 Stat. 65; Title I, Pub. L. 116–20, 133 

Stat. 871; Division B, Title VII, Pub. L. 116– 

94, 133 Stat. 2658; Title I, Pub. L. 117–43, 

135 Stat. 356; and Division N, Title I, Pub. 

L. 117–328. 

Subpart Q—Milk Loss Program 

■ 2. Revise § 760.1700 to read as 

follows: 

§ 760.1700 Applicability. 

This subpart specifies the terms and 

conditions for the Milk Loss Program. 

The Milk Loss Program will provide 

payments to eligible dairy operations for 

milk that was dumped or removed 

without compensation from the 

commercial milk market due to the 

results of droughts, wildfires, 

hurricanes, floods, derechos, excessive 

heat, winter storms, freeze (including 

polar vortex), and smoke exposure that 

occurred in the 2020, 2021, and 2022 

calendar year. The Milk Loss Program 

will also provide payments to eligible 

dairy operations for milk that was 

dumped or removed without 

compensation from the commercial milk 

market due to the results of tornadoes 

that occurred in the 2022 calendar year. 

■ 3. Amend § 760.1702 as follows: 

■ a. Revise the definitions of ‘‘Affected 

farmer’’ and ‘‘Application period’’; 

■ b. Add the definitions of ‘‘Average 

adjusted gross farm income’’ and 

‘‘Average adjusted gross income’’ in 

alphabetical order; 

■ c. Revise the definition of ‘‘Base 

period’’; 

■ d. Add the definition of ‘‘Beginning 

farmer or rancher’’ in alphabetical order; 

■ e. Revise the definition of 

‘‘Commercial market’’; 

■ f. Add the definitions of ‘‘Income 

derived from farming, ranching, and 

forestry operations’’ and ‘‘Limited 

resource farmer or rancher’’ in 

alphabetical order; 

■ g. Remove the definition of ‘‘Milk 

handler’’; 

■ h. Add the definitions of ‘‘Milk 

marketing organization’’ and 

‘‘Ownership interest’’ in alphabetical 

order; 

■ i. Amend the definition of ‘‘Pay 

period’’ in paragraph (1) by removing 

the words ‘‘his whole’’ both times it 

appears, and removing the word 

‘‘handler’’ and adding ‘‘marketing 

organization’’ in its place both times 

they appear; 

■ j. Amend the definition of ‘‘Payment 

subject to a refund’’ by removing the 

word ‘‘handler’’ and adding ‘‘marketing 

organization’’ in its place both times it 

appears; 

■ k. Revise the definition of ‘‘Qualifying 

disaster event’’; 

■ l. Amend the definition of ‘‘Removed 

from the commercial market’’ in 

paragraph (2) by removing the word 

‘‘handler’’ and ‘‘milk marketing 

organization’’ in its place, and removing 

the parenthetical phrase ‘‘(such as 

separating whole milk, destroying the 

fat, and drying the skim milk)’’; 

■ m. Add definitions of ‘‘Socially 

disadvantaged farmer or rancher’’, 

‘‘Underserved farmer or rancher’’, and 

‘‘Veteran farmer or rancher’’ in 

alphabetical order; and 

■ n. Remove the definition of ‘‘Whole 

milk’’. 

The additions and revisions read as 

follows: 

§ 760.1702 Definitions. 

* * * * * 

Affected farmer means an individual 

person or legal entity who produces 

milk which is removed from the 

commercial market any time or who 

produces but was unable to deliver milk 

to a commercial market as a result of a 

qualifying event, which is limited to 

either a: 

(1) Weather-related event preventing 

transportation of the milk; or 

(2) Weather-related event causing a 

power outage or structural damage 

causing milk to be unmerchantable. 

Application period means any period 

during calendar year 2020, 2021, and 

2022 which an affected farmer’s milk is 

dumped or removed without 

compensation from the commercial 


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1Limited resource farmer or rancher status can be 

determined using a website available through the 

Limited Resource Farmer and Rancher Online Self 

Determination Tool through Natural Resources 

Conservation Service at https://

lrftool.sc.egov.usda.gov. 

market due to a qualifying disaster event 

for which application for payment is 

made. 

Average adjusted gross farm income 

means the average of the person or legal 

entity’s adjusted gross income derived 

from farming, ranching, and forestry 

operations for the 3 taxable years 

preceding the most immediately 

preceding complete taxable year. 

(1) If the resulting average adjusted 

gross farm income derived from items 1 

through 12 of the definition of ‘‘income 

derived from farming, ranching, and 

forestry operations’’ is at least 66.66 

percent of the average adjusted gross 

income of the person or legal entity, 

then the average adjusted gross farm 

income may also take into consideration 

income or benefits derived from the 

following: 

(i) The sale of equipment to conduct 

farm, ranch, or forestry operations; and 

(ii) The provision of production 

inputs and services to farmers, ranchers, 

foresters, and farm operations. 

(2) The relevant tax years are: 

(i) For the 2020 program year, 2016, 

2017, and 2018; and 

(ii) For the 2021 program year, 2017, 

2018, and 2019; and 

(iii) For the 2022 program year, 2018, 

2019, and 2020. 

Average adjusted gross income means 

the average of the adjusted gross income 

as defined under 26 U.S.C. 62 or 

comparable measure of the person or 

legal entity. The relevant tax years are: 

(1) For the 2020 program year, 2016, 

2017, and 2018; 

(2) For the 2021 program year, 2017, 

2018, and 2019; and 

(3) For the 2022 program year, 2018, 

2019, and 2020. 

Base period means the first full 

calendar month prior to the claim 

period in which no qualifying disaster 

event occurred. If the claim period is 

multiple consecutive months, the base 

period remains the same calendar 

month preceding the start of the claim 

period. 

Beginning farmer or rancher means a 

farmer or rancher who has not operated 

a farm or ranch for more than 10 years 

and who materially and substantially 

participates in the operation. For a legal 

entity to be considered a beginning 

farmer or rancher, at least 50 percent of 

the interest must be beginning farmers 

or ranchers. 

* * * * * 

Commercial market means the market 

to which the affected farmer normally 

delivers milk and from which it was 

removed. 

* * * * * 

Income derived from farming, 

ranching, and forestry operations means 

income of an individual or entity 

derived from: 

(1) Production of crops, specialty 

crops, and unfinished raw forestry 

products; 

(2) Production of livestock, 

aquaculture products used for food, 

honeybees, and products derived from 

livestock; 

(3) Production of farm-based 

renewable energy; 

(4) Selling (including the sale of 

easements and development rights) of 

farm, ranch, and forestry land, water or 

hunting rights, or environmental 

benefits; 

(5) Rental or lease of land or 

equipment used for farming, ranching, 

or forestry operations, including water 

or hunting rights; 

(6) Processing, packing, storing, and 

transportation of farm, ranch, forestry 

commodities including renewable 

energy; 

(7) Feeding, rearing, or finishing of 

livestock; 

(8) Payments of benefits, including 

benefits from risk management 

practices, crop insurance indemnities, 

and catastrophic risk protection plans; 

(9) Sale of land that has been used for 

agricultural purposes; 

(10) Payments and benefits authorized 

under any program made available and 

applicable to payment eligibility and 

payment limitation rules; 

(11) Income reported on Internal 

Revenue Service (IRS) Schedule F or 

other schedule used by the person or 

legal entity to report income from such 

operations to the IRS; 

(12) Wages or dividends received 

from a closely held corporation, and IC– 

DISC or legal entity comprised entirely 

of family members when more than 50 

percent of the legal entity’s gross 

receipts for each tax year are derived 

from farming, ranching, or forestry 

activities as defined in this subpart; and 

(13) Any other activity related to 

farming, ranching, and forestry, as 

determined by the Deputy 

Administrator for Farm Programs. 

Limited resource farmer or rancher 

means a farmer or rancher: 

(1) Who is a person whose: 

(i) Direct or indirect gross farm sales 

did not exceed: 

(A) $180,300 in each calendar year for 

2017 and 2018 (the relevant years for 

the 2020 program year); or 

(B) $179,000 in each of the 2018 and 

2019 calendar years for the 2021 

program year; 

(C) $189,200 in each of the 2019 and 

2020 calendar years for the 2022 

program year; and, 

(ii) Total household income was at or 

below the national poverty level for a 

family of four in each of the same two 

previous years referenced in paragraph 

(1)(i) of this definition; 1 or 

(2) That is an entity and all members 

who hold an ownership interest in the 

entity meet the criteria in paragraph (1) 

of this definition. 

Milk marketing organization means 

the marketing agency to or through 

which the affected dairy farmer 

marketed milk at the time the milk was 

either dumped or unable to be delivered 

to the commercial market due to a 

qualifying weather related event. 

Ownership interest means to have 

either a legal ownership interest or a 

beneficial ownership interest in a legal 

entity. For the purposes of 

administering this subpart, a person or 

legal entity that owns a share or stock 

in a legal entity that is a corporation, 

limited liability company, limited 

partnership, or similar type entity where 

members hold a legal ownership interest 

and shares in the profits or losses of 

such entity is considered to have an 

ownership interest in such legal entity. 

A person or legal entity that is a 

beneficiary of a trust or heir of an estate 

who benefits from the profits or losses 

of such entity is considered to have a 

beneficial ownership interest in such 

legal entity. 

* * * * * 

Qualifying disaster event means 

droughts, wildfires, hurricanes, floods, 

derechos, excessive heat, winter storms, 

freeze (including a polar vortex), and 

smoke exposure, occurring in the 2020, 

2021, and 2022 calendar years. 

Qualifying disaster event also includes 

tornadoes occurring in the 2022 

calendar year. Losses due to drought are 

only eligible if any area within the 

county in which the loss occurs was 

rated by the U.S. Drought Monitor as 

having a D2 (Severe Drought) for eight 

consecutive weeks or a D3 (Extreme 

Drought) or higher level of drought 

intensity during the applicable calendar 

years. 

* * * * * 

Socially disadvantaged farmer or 

rancher means a farmer or rancher who 

is a member of a group whose members 

have been subjected to racial, ethnic, or 

gender prejudice because of their 

identity as members of a group without 

regard to their individual qualities. For 

entities, at least 50 percent of the 

ownership interest must be held by 

individuals who are members of such a 


ddrumheller on DSK120RN23PROD with RULES1
62290 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

2The term ‘‘Armed Forces’’ means the United 

States Army, Navy, Marine Corps, Air Force, Space 

Force, and Coast Guard, including the reserve 

components. 

3The term ‘‘veteran’’ means a person who served 

in the active military, naval, air, or space service, 

and who was discharged or released under 

conditions other than dishonorable. 

group. Socially disadvantaged groups 

include the following and no others 

unless approved in writing by the FSA 

Deputy Administrator for Farm 

Programs (Deputy Administrator): 

(1) American Indians or Alaskan 

Natives; 

(2) Asians or Asian-Americans; 

(3) Blacks or African Americans; 

(4) Hispanics or Hispanic Americans; 

(5) Native Hawaiians or other Pacific 

Islanders; and 

(6) Women. 

* * * * * 

Underserved farmer or rancher means 

a beginning farmer or rancher, limited 

resource farmer or rancher, socially 

disadvantaged farmer or rancher, or 

veteran farmer or rancher. 

Veteran farmer or rancher means a 

farmer or rancher: 

(1) Who has served in the Armed 

Forces (as defined in 38 U.S.C. 

101(10) 2) and: 

(i) Has not operated a farm or ranch 

for more than 10 years; or 

(ii) Has obtained status as a veteran 

(as defined in 38 U.S.C. 101(2) 3) during 

the most recent 10-year period; or 

(2) That is an entity, and at least 50 

percent of the ownership interest is held 

by members who meet the criteria in 

paragraph (1) of this definition. 

* * * * * 

§§ 760.1709 through 760.1718 

[Redesignated as §§ 760.1711 through 

760.1720]. 

■ 4. Redesignate §§ 760.1709 through 

760.1718 as §§ 760.1711 through 

760.1720 

§§ 760.1703 through 760.1708 

[Redesignated as §§ 760.1704 through 

760.1709] 

■ 5. Redesignate §§ 760.1703 through 

760.1708 as §§ 760.1704 through 

760.1709. 

■ 6. Add new § 760.1703 to read as 

follows: 

§ 760.1703 Eligible affected farmers. 

(a) To be eligible, an affected farmer, 

the farmer must be a: 

(1) Citizen of the United States; 

(2) Resident alien, which for purposes 

of this subpart means ‘‘lawful alien’’ as 

defined in 7 CFR 1400.3; 

(3) Partnership organized under state 

law consisting solely of citizens of the 

United States or resident aliens; 

(4) Corporation, limited liability 

company, or other organizational 

structure organized under State law 

consisting solely of citizens of the 

United States or resident aliens; or 

(5) Indian Tribe or Tribal 

organization, as defined in section 4(b) 

of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 

5304). 

(b) In addition to the requirements in 

paragraph (a) of this section, to be 

eligible, an affected farmer must comply 

with all provisions of this subpart and, 

as applicable: 

(1) 7 CFR part 12—Highly Erodible 

Land and Wetland Conservation; 

(2) 7 CFR part 707—Payments Due 

Persons Who Have Died, Disappeared, 

or Have Been Declared Incompetent; 

(3) 7 CFR part 718—Provisions 

Applicable to Multiple Programs; and 

(4) 7 CFR part 1403—Debt Settlement 

Policies and Procedures. 

■ 7. Revise newly redesignated 

§ 760.1704 to read as follows: 

§ 760.1704 Payments to dairy farmers for 

milk. 

(a) A milk loss payment will be made 

to an affected farmer who is determined 

by the FSA county committee to be in 

compliance with all the terms and 

conditions of this subpart in the amount 

equal to 90 percent for affected farmers 

who meet the definition of underserved 

farmer or rancher or 75 percent for all 

other affected farmers of the fair market 

value of the farmer’s normal marketings 

for the application period, less: 

(1) Any amount the affected farmer 

received for milk marketed during the 

application period; and 

(2) Any payment not subject to refund 

that the affected farmer received from a 

milk handler with respect to milk 

removed from the commercial market 

during the application period. 

(b) [Reserved] 

■ 8. Amend newly redesignated 

§ 760.1705 by: 

■ a. In paragraph (a): 

■ i. Removing ‘‘dumped milk normal 

marketings’’ and adding its place 

‘‘normal marketings of milk’’; 

■ ii. Removing the word ‘‘his’’ and 

adding ‘‘the affected farmer’s’’ in its 

place; 

■ iii. Removing the word ‘‘whole’’ both 

times it appears; and 

■ b. Add paragraph (e). 

The addition reads as follows: 

§ 760.1705 Normal marketings of milk. 

* * * * * 

(e) The days eligible for 

indemnification begin on the date milk 

was removed or dumped and continue 

for the concurrent days milk was 

removed or dumped. Once the dairy 

operation returns to the normal 

marketing of milk, the dairy operation is 

no longer eligible for assistance for milk 

removed or dumped due to that 

qualifying disaster event unless after 

restarting commercial marketing of 

milk, additional milk is removed or 

dumped due to the same qualifying 

disaster event. 

■ 9. Amend newly redesignated 

§ 760.1706 by: 

■ a. In paragraph (a): 

■ i. Removing the words ‘‘milk normal 

marketings’’ and adding ‘‘milk’’ in its 

place; 

■ ii. Removing the word ‘‘his’’; and 

■ b. Revising paragraphs (b) and (c). 

The revisions read as follows: 

§ 760.1706 Fair market value of milk. 

* * * * * 

(b) The base period per cow average 

daily milk production is determined by 

dividing the full month of milk 

marketings by the average number of 

cows in milk production for that month 

and the number of days in that month. 

To determine the milk loss payment, the 

base period per cow average daily milk 

production is multiplied by the number 

of milking cows in production for the 

claim period and by the number of days 

milk was removed or dumped in the 

claim period with the result divided by 

100 to determine the applicable 

hundredweight and then multiplied by 

the hundredweight pay price. 

(c) To determine the hundredweight 

pay price for milk, the FSA county 

committee will deduct from the gross 

pay price from the claim period milk 

marketing statement the per 

hundredweight hauling rate for the 

applicable month and the per 

hundredweight $0.15 promotion fee 

which it determines are normally 

incurred by the affected farmer but 

which were not incurred because of the 

removal of the farmer’s milk from the 

commercial market. 

■ 10. Revise newly redesignated 

§ 760.1707 to read as follows: 

§ 760.1707 Information to be furnished. 

(a) The affected farmer must furnish 

to the FSA county committee complete 

and accurate information sufficient to 

enable the FSA county committee or the 

Deputy Administrator to make the 

determinations required in this subpart. 

Such information must include, but is 

not limited to: 

(1) A copy of the notice from, or other 

evidence of action by, the public agency 

which resulted in the dumping or 

removal of the affected farmer’s milk 

from the commercial market. 


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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 62291 

(2) The specific weather or disaster 

event and its results on milk marketing 

for the claim period. 

(3) The quantity and butterfat test of 

milk produced and marketed during the 

base period. This information must be a 

certified statement from the affected 

farmer’s milk marketing organization or 

any other evidence the FSA county 

committee accepts as an accurate record 

of milk production and butterfat tests 

during the base period. 

(4) The average number of dry cows, 

bred heifers, and cows milked during 

the base period and during each pay 

period in the application. 

(5) The affected farmer will provide 

two milk marketing statements, one for 

the base period and one for the claim 

period. 

(6) On the milk marketing statement 

the per hundredweight hauling rate and 

the per hundredweight $0.15 promotion 

fee, which are normally incurred by 

affected farmers who market through the 

milk marketing organization, that the 

affected farmer did not incur because of 

the dumping or removal of the milk 

from the commercial market, then the 

average price stated by the milk 

marketing organization will be the 

average gross price paid less these costs. 

If the milk marketing organization does 

not have this information, the affected 

farmer will furnish a statement 

specifying these costs, if any. 

(7) The amount of proceeds, if any, 

received by the affected farmer from the 

marketing of milk produced during the 

application period. 

(8) The amount of any payments not 

subject to refund made to the affected 

farmer by the milk marketing 

organization with respect to the milk 

produced during the application period 

and removed from the commercial 

market. 

(9) A detailed written statement from 

the affected farmer regarding the 

circumstances of the milk removal or 

dumping, the type and geographic scope 

of the weather event, what 

transportation limitations occurred in 

addition to how and where the removed 

or dumped milk was discarded. 

(b) If requested by FSA, the affected 

farmer must provide additional 

documentation that establishes the 

affected farmer’s eligibility for a Milk 

Loss Program payment. 

■ 11. Revise newly redesignated 

§ 760.1708 to read as follows. 

§ 760.1708 Application for payments for 

milk loss. 

The affected farmer or the affected 

farmer’s legal representative must sign 

and file an application for payment on 

a form which is approved for that 

purpose by the Deputy Administrator. 

The form must be filed with the county 

FSA office for the county where the 

farm headquarters are located no later 

than close of business of the designated 

deadline announced by the Secretary for 

2020, 2021, and 2022 losses. 

■ 12. Revise newly redesignated 

§ 760.1709 to read as follows. 

§ 760.1709 Payment limitation and AGI. 

(a) Per calendar year, a person or legal 

entity, other than a joint venture or 

general partnership, is eligible to 

receive, directly or indirectly payments 

of not more than $125,000 according to 

the provisions in § 760.1507(b)(1); or not 

more than $250,000 according to the 

provisions in § 760.1507(b)(2) if at least 

75 percent of the person’s or legal 

entity’s average adjusted gross income is 

average adjusted gross farm income and 

the applicant provides the required 

certification(s) and documentation. 

Payments made to a joint venture or 

general partnership cannot exceed an 

amount determined by multiplying the 

maximum payment limitation by the 

number of persons and legal entities 

that comprise the first-level ownership 

of the joint venture or general 

partnership. 

(b) To certify the average adjusted 

gross farm income, a person or legal 

entity, including all members with an 

ownership interest in a legal entity, 

general partnership, or joint venture, 

must provide the following: 

(1) A certification in the manner 

prescribed by FSA from the person or 

legal entity that the average adjusted 

gross farm income of the person or legal 

entity is at least 75 percent of the 

average adjusted gross income; and 

(2) A certification in the manner 

prescribed by FSA from a licensed 

certified public accountant or attorney 

that the average adjusted gross farm 

income of the person or legal entity is 

at least 75 percent of the average 

adjusted gross income. 

(c) A new legal entity will have its 

adjusted gross farm income averaged 

only for those years for which it was in 

business; however, a new legal entity 

will not be considered ‘‘new’’ to the 

extent it takes over an existing operation 

and has any elements of common 

ownership interest and land with the 

preceding person or legal entity, or with 

persons or legal entities with an interest 

in the ‘‘old’’ legal entity. When there is 

such commonality, income of the 

previous person or legal entity will be 

averaged with that of the ‘‘new’’ legal 

entity for the base period. 

(d) For a person filing a joint federal 

tax return, the certification of average 

adjusted gross farm income will be 

reported as if the person had filed a 

separate federal tax return and the 

calculation is consistent with the 

information supporting the filed joint 

return. 

(e) All persons and legal entities are 

subject to an audit by FSA of any 

information submitted for the purpose 

of increasing the program’s payment 

limitation. As a part of this audit, 

income tax returns may be requested, 

and if requested, must be supplied by 

all related persons and legal entities. In 

addition to any other requirement under 

any Federal statute, relevant Federal 

income tax returns and documentation 

must be retained a minimum of 2 years 

after the end of the calendar year 

corresponding to the year for which 

payments or benefits are requested. 

Failure to provide necessary and 

accurate information to verify 

compliance will result in ineligibility 

for Milk Loss Program benefits. 

(f) The direct attribution provisions in 

§ 760.1507 apply for both payment 

limitation as well as in determining 

average adjusted gross farm income as 

defined and used in this subpart. 

■ 13. Add new § 760.1710 to read as 

follows. 

§ 760.1710 Time and method of 

application. 

(a) A completed FSA–376, Milk Loss 

Program Application, must be submitted 

at the time of application along with the 

information listed in § 760.1707 to the 

affected farmer’s recording county office 

by the close of business on the Milk 

Loss Program application deadline. 

Applications may be submitted in 

person or by mail, email, facsimile, or 

other methods announced by FSA. The 

Deputy Administrator has the discretion 

and authority to waive or modify 

deadlines and other requirements or 

program provisions 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 Milk Loss Program operation. 

(b) Failure of an individual, entity, or 

a member of an entity to submit the 

following payment limitation and 

payment eligibility forms within 60 

days from the date of the Milk Loss 

Program application deadline, may 

result in no payment or a reduced 

payment: 

(1) Form AD–2047, Customer Data 

Worksheet, for new customers or 

existing customers who need to update 

their customer profile; 

(2) Form CCC–860, Socially 

Disadvantaged, Limited Resource, 


ddrumheller on DSK120RN23PROD with RULES1
62292 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

Beginning and Veteran Farmer or 

Rancher Certification, if applicable for 

the program year or years for which the 

affected farmer is applying for the Milk 

Loss Program and if the affected farmer 

chooses to provide that certification; 

(3) Form CCC–901, Member 

Information for Legal Entities, if 

applicable; 

(4) Form CCC–902, Farm Operating 

Plan for an individual or legal entity as 

provided in 7 CFR part 1400; 

(5) Form FSA–510, Request for an 

Exception to the $125,000 Payment 

Limitation for Certain Programs, 

accompanied by a certification from a 

certified public accountant or attorney 

as to that person or legal entity’s 

certification, for a legal entity and all 

members of that entity, for each 

applicable program year, including the 

legal entity’s members, partners, or 

shareholders, as provided in 7 CFR part 

1400; and 

(6) Form AD–1026, Highly Erodible 

Land Conservation (HELC) and Wetland 

Conservation (WC) Certification, for the 

Milk Loss Program and applicable 

affiliates as provided in 7 CFR part 12. 

(c) If supporting documentation is 

requested under § 760.1707(b), the 

documentation must be submitted to 

FSA within 60 calendar days from the 

request or the application will be 

disapproved by FSA. 

(d) Milk Loss Program payments are 

limited to 30 days per year for each of 

2020, 2021, and 2022. 

(e) Each Milk Loss Program 

application is limited to the milk loss 

for one calendar month due to a 

qualifying disaster event or multiple 

qualifying disaster events. Milk loss that 

occurs in a subsequent month for the 

same qualifying disaster event will 

require a separate application. 

§ 760.1711 [Amended] 

■ 14. In newly redesignated § 760.1711, 

amend paragraph (c) by removing the 

word ‘‘his’’. 

■ 15. Revise newly redesignated 

§ 760.1712 to read as follows: 

§ 760.1712 Estates and trusts; minors. 

(a) A receiver of an insolvent debtor’s 

estate and the trustee of a trust estate 

will, for the purpose of this subpart, be 

considered to represent an insolvent 

affected farmer and the beneficiaries of 

a trust, respectively, and the production 

of the receiver or trustee will be 

considered to be the production of the 

represented person. Program documents 

executed by any such person will be 

accepted only if they are legally valid 

and such person has the authority to 

sign the applicable documents. 

(b) An affected dairy farmer who is a 

minor will be eligible for milk loss 

payments only if at least one of the 

following requirements is true: 

(1) The right of majority has been 

conferred on him by court proceedings 

or by law; 

(2) A guardian has been appointed to 

manage the property and the applicable 

program documents are signed by the 

guardian; or 

(3) A bond is furnished under which 

the surety guarantees any loss incurred 

for which the minor would be liable had 

the person been an adult. 

§ 760.1713 [Amended] 

■ 16. Amend newly redesignated 

§ 760.1713 by: 

■ a. In paragraph (a) removing the words 

‘‘or manufacturer’’; and 

■ b. In paragraph (b) removing the 

words ‘‘he would otherwise have’’ and 

adding ‘‘that would otherwise be 

available’’ in their place. 

§ 760.1714 [Amended] 

■ 17. Amend newly redesignated 

§ 760.1714 by removing the words ‘‘or 

manufacturer’’. 

§ 760.1716 [Amended] 

■ 18. Amend newly redesignated 

§ 760.1716 as follows: 

■ a. In paragraph (a), remove the words 

‘‘as well as his milk handler and’’ and 

add ‘‘milk marketing organization, and’’ 

in their place. 

■ b. In paragraph (b) remove the words 

‘‘his milk handler’’ and add ‘‘milk 

marketing organization’’ in their place. 

■ 19. Amend newly redesignated 

§ 760.1720 by: 

■ a. In paragraph (a)(2), removing the 

word ‘‘whole’’ and; 

■ b. In paragraph (a)(3), removing the 

word ‘‘handler’’ and adding in its place 

‘‘marketing organization’’ and removing 

the word ‘‘whole’’; and 

■ c. Revise paragraph (a)(4). 

The revision reads as follows: 

§ 760.1720 Calculating payments for milk 

losses. 

(a) * * * 

(4) Multiplied by a program factor of 

90 percent for underserved farmers or 

ranchers, or 75 percent for all other 

farmers or ranchers. 

* * * * * 

Subpart S—Emergency Relief Program 

§ 760.1902 [Amended] 

■ 20. Amend § 760.1902 as follows: 

■ a. In paragraph (b)(3), remove the 

word ‘‘Law’’ and add ‘‘law consisting 

solely of citizens of the United States or 

resident aliens’’; and 

■ b. In paragraph (b)(4), remove the 

word ‘‘law’’ and add ‘‘law consisting 

solely of citizens of the United States or 

resident aliens’’. 

§ 760.1905 [Amended] 

■ 21. In § 760.1905, in paragraph (b)(3) 

remove the word ‘‘net’’ and add ‘‘gross’’ 

in its place. 

John Berge, 

Acting Administrator, Farm Service Agency. 

[FR Doc. 2023–19479 Filed 9–6–23; 4:15 pm] 

BILLING CODE 3411–E2–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50 and 52 

[NRC–2023–0054] 

Regulatory Guide: Quality Assurance 

Program Criteria (Design and 

Construction) 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing Revision 6 

to Regulatory Guide (RG), 1.28, ‘‘Quality 

Assurance Program Criteria (Design and 

Construction)’’. RG 1.28, Revision 6, 

endorses, with certain clarifications and 

regulatory positions, Part I and Part II 

requirements included in NQA–1–2017, 

NQA–1–2019, and NQA–1–2022 for the 

implementation of a quality assurance 

(QA) program during the design and 

construction phases of nuclear power 

plants and fuel reprocessing plants. 

DATES: Revision 6 to RG 1.28 is available 

on September 11, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0054 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0054. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 


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