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

14369 

Vol. 89, No. 39 

Tuesday, February 27, 2024 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

Privacy Act of 1974 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security (DHS or Department) is 

updating and clarifying its regulations 

related to the procedures for receiving 

Freedom of Information Act (FOIA) and 

Privacy Act of 1974 requests. 

DATES: This final rule is effective March 

28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Mason Clutter, Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528, (202) 

343–1717, Privacy@hq.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Specifically, DHS is updating Title 6, 

part 5, subsections 5.3(a)(2), 5.4(c), 

5.21(a)(2), 5.21(a)(6), 5.22(c), and 

Appendix A to part 5. 

I. Background

The Secretary of Homeland Security

has authority under 5 U.S.C. 301, 552, 

and 552a, and 6 U.S.C. 112(e) to issue 

FOIA and Privacy Act regulations. That 

authority has been delegated to the 

Chief Privacy Officer of the Department 

pursuant to 6 U.S.C. 142 and DHS Del. 

No. 13001, Rev. 01 (June 2, 2020). The 

Department last updated its regulations 

under the FOIA and Privacy Act, 6 CFR 

part 5 on November 16, 2022 (87 FR 

68599). 

II. Discussion of Final Rule

This rule provides clarifying and

procedural updates to Title 6, part 5, 

paragraphs 5.3(a)(2) and 5.21(a)(6), 

which provides instructions to 

requesters on how and where to make 

FOIA and Privacy Act (and Judicial 

Redress Act (JRA) if applicable) requests 

for DHS records. Specifically, DHS is 

adding a reference to Appendix A to 

part 5 for requesters to know when and 

how to submit a request to DHS 

component FOIA Offices. Furthermore, 

DHS is providing additional 

instructions in those sections on how 

the DHS Privacy Office can assist a 

requester if the requester does not know 

which component may have responsive 

records. 

In addition, DHS is updating Title 6, 

part 5, paragraphs 5.3(a)(2), 5.21(a)(2), 

5.21(a)(6) by replacing the URL https:// 

www.dhs.gov/dhs-foia-requestsubmission-form with the following 

URL https://www.dhs.gov/foia. DHS is 

updating Appendix A to part 5 ‘‘FOIA/ 

Privacy Act Offices of the Department of 

Homeland Security,’’ by replacing the 

electronic URL where individuals can 

submit requests by way of instructions 

from DHS’s FOIA website from https:// 

foiarequest.dhs.gov/ to https://

www.dhs.gov/foia. 

As background, the DHS Headquarters 

Privacy Office maintains the contract for 

a FOIA processing solution used by 

most DHS component FOIA Offices. The 

DHS Headquarters Privacy Office 

updated its FOIA processing solution in 

2023 and is now utilizing new 

technology and software services in 

order to receive electronic submission 

via a new FOIA online portal. This 

solution includes several features that 

will lessen the administrative burden 

associated with FOIA and provide DHS 

processors access to powerful 

information processing tools that will 

make it significantly easier to locate and 

efficiently process records. As such, 

DHS has decided to change the URL in 

those subsections and the appendix to 

link to the new portal. Further, for 

clarity, a parenthetical ‘‘(or JRA if 

applicable)’’ was added in Section II of 

Appendix A to part 5 to clarify that such 

requests, in addition to FOIA and 

Privacy Act requests, may be made to 

those DHS components listed in that 

section. 

In 6 CFR 5.4(c), DHS is changing the 

title of this paragraph to ‘‘Forwarding 

misdirected requests.’’ In addition, DHS 

is modifying subsection 5.4(c) to clarify 

when and how a misdirected request 

should be forwarded. A request is not a 

misdirected request if the receiving DHS 

component may maintain records 

responsive to any portion of the request. 

This is true even if the request may 

cover records that are maintained by a 

different DHS component. Under such 

circumstances, the receiving DHS 

component is under no obligation to 

refer the request to a different DHS 

component or other Federal agency 

responsible for maintaining other 

records identified in the request. If 

another agency should have received 

the request, the DHS component can, 

but is not required, to advise the 

requester to send their request to that 

other agency. 

Finally, DHS is revising 6 CFR 5.22(c) 

to modify the title of paragraph 5.22(c) 

and modify the subsection to include 

and clarify that any misdirected Privacy 

Act or Judicial Redress Act (JRA) 

requests must be forwarded under the 

same procedures of 6 CFR 5.4(c). 

III. Regulatory History

DHS did not publish a notice of

proposed rulemaking for this rule. 

Under Title 5 of the United States Code 

(U.S.C.), Section 553(b)(A), this final 

rule is exempt from notice and public 

comment rulemaking requirements 

because the change involves rules of 

agency organization, procedure, or 

practice. In addition, under 5 U.S.C. 

553(b)(B), an agency may waive the 

notice and comment requirements if it 

finds, for good cause, that notice and 

comment is impracticable, unnecessary, 

or contrary to the public interest. DHS 

finds that notice and comment is 

unnecessary under 5 U.S.C. 553(b)(B) 

because the procedures for receiving 

FOIA and Privacy Act requests is an 

agency procedural update that will have 

no substantive effect on the public. For 

the same reasons, DHS finds that good 

cause exists under 5 U.S.C. 553(d) for 

making this final rule effective 

immediately upon publication. 

IV. Regulatory Analyses

Executive Orders 12866, 13563 and 

14094—Regulatory Review 

Executive Orders 12866 (Regulatory 

Planning and Review), as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review), and 13563 

(Improving Regulation and Regulatory 

Review) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 


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environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying costs and benefits, reducing 

costs, harmonizing rules, and promoting 

flexibility. 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094. 

Accordingly, OMB has not reviewed 

this regulatory action. 

This rule will not impose any 

additional costs on the public or the 

government. This rule provides an 

updated URL for requesters to submit a 

FOIA request and DHS is providing 

additional instructions how the DHS 

Privacy Office can assist a requester if 

the requester does not know which 

component may have responsive 

records. DHS believes the updates in 

these regulations will allow DHS to 

more efficiently process FOIA requests. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no written 

statement was deemed necessary under 

the provisions of the Unfunded 

Mandates Reform Act of 1995. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(RFA), 5 U.S.C. 601–612, and section 

213(a) of the Small Business Regulatory 

Enforcement Fairness Act of 1996, 5 

U.S.C. 601 note, agencies must consider 

the impact of their rulemakings on 

‘‘small entities’’ (small businesses, small 

organizations, and local governments). 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. The 

RFA’s regulatory flexibility analysis 

requirements apply only to those rules 

for which an agency is required to 

publish a general notice of proposed 

rulemaking pursuant to 5 U.S.C. 553(b) 

or any other law. See 5 U.S.C. 604(a). 

DHS did not issue a notice of proposed 

rulemaking for this action. Therefore, a 

regulatory flexibility analysis is not 

required for this rule. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (as amended), 5 

U.S.C. 804(2). The Office of 

Management and Budget’s Office of 

Information and Regulatory Affairs has 

not found that this rule is likely to result 

in an annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

National Environmental Policy Act 

DHS reviews proposed actions to 

determine whether the National 

Environmental Policy Act (NEPA) 

applies to them and, if so, what degree 

of analysis is required. DHS Directive 

023–01 Rev. 01 (Directive) and 

Instruction Manual 023–01–001–01 Rev. 

01 (Instruction Manual) establish the 

procedures that DHS and its 

components use to comply with NEPA 

and the Council on Environmental 

Quality (CEQ) regulations for 

implementing NEPA, 40 CFR parts 1500 

through 1508. 

The CEQ regulations require Federal 

agencies to establish, with CEQ review 

and concurrence, categories of actions 

(‘‘categorical exclusions’’) which 

experience has shown do not 

individually or cumulatively have a 

significant effect on the human 

environment and, therefore, do not 

require an Environmental Assessment 

(EA) or Environmental Impact 

Statement (EIS). 40 CFR 1501.4(a); 

1507.3(c)(8). Under DHS NEPA 

implementing procedures, for an action 

to be categorically excluded, it must 

satisfy each of the following three 

conditions: (1) the entire action clearly 

fits within one or more of the categorical 

exclusions; (2) the action is not a piece 

of a larger action; and (3) no 

extraordinary circumstances exist that 

create the potential for a significant 

environmental effect. Instruction 

Manual section V.B(2)(a)–(c). 

As discussed above, this rule makes 

clarifying and procedural updates to 

CFR Title 6, part 5, paragraphs 5.3(a)(2), 

5.4(c), 5.21(a)(6), and 5.22(a) regarding 

requests for DHS records and, therefore, 

clearly fits within categorical exclusion 

A3(a): ‘‘Promulgation of rules . . . of a 

strictly administrative or procedural 

nature.’’ Instruction Manual, Appendix 

A, Table 1. Furthermore, this rule is not 

part of a larger action and presents no 

extraordinary circumstances creating 

the potential for significant 

environmental impacts. Therefore, this 

rule is categorically excluded from 

further NEPA review and 

documentation. 

List of Subjects in 6 CFR Part 5 

Classified information, Courts, 

Freedom of information, Government 

employees, Privacy. 

For the reasons stated in the 

preamble, DHS amends Chapter I, part 

5 of Title 6, Code of Federal 

Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 1. The authority citation for part 5 

continues to read as follows:

Authority: 6 U.S.C. 101 et seq.; Pub. L. 

107–296, 116 Stat. 2135; 5 U.S.C. 301; 6 

U.S.C. 142; DHS Del. No. 13001, Rev. 01 

(June 2, 2020). 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. 552a 

and 552 note.2. 

■ 2. Revise § 5.3(a)(2) to read as follows: 

§ 5.3 Requirements for making requests.

(a) * * * 

(2) A requester may send their request

to the Privacy Office, U.S. Department 

of Homeland Security, 2707 Martin 

Luther King Jr. Ave. SE, STOP–0655, or 

via the internet at https://www.dhs.gov/ 

foia, or via fax to (202) 343–4011, for 

any of the Headquarters Offices of the 

Department of Homeland Security listed 

in Appendix A to Subpart 5. In 

addition, if a requester does not know 

which DHS component may maintain 

responsive records to a request, the 

requester may explicitly ask for 

assistance from the DHS Privacy Office 

with identifying the proper component 

that most likely maintains any potential 

responsive records. Upon a request for 

assistance and based on information 

provided in the FOIA request and by the 

requester, the Privacy Office will 

forward the request to the DHS 

component(s) that it determines to be 

most likely, as of the date of the request 

for information, to maintain the records 

that are sought. The Privacy Office will 

notify the requester that it is forwarding 

the request, including identifying the 

component(s) where the request has 

been sent, provide the FOIA Public 

Liaison contact information for the 

respective component(s), and provide 

administrative appeal rights in the 

response. If the requester does not agree 

with the Privacy Office’s determination 

regarding which components would 

likely have records responsive to the 


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request, the requester must submit a 

timely appeal of the Privacy Office’s 

determination. Although these are not to 

be considered misdirected requests, the 

recipient DHS component shall be 

granted the same number of days to 

respond as permitted by 6 CFR 5.4(c) 

and 5.5(a). 

* * * * * 

■ 3. Revise § 5.4(c) to read as follows: 

§ 5.4 Responsibility for responding to

requests.

* * * * * 

(c) Forwarding misdirected requests.

Where a component’s FOIA office 

determines that a request was 

misdirected within DHS, the receiving 

component’s FOIA office, within 10 

working days, shall route the request to 

the FOIA office of the proper 

component(s) for processing. Once the 

misdirected request has been forwarded 

and received by the appropriate DHS 

component, the 20-working day-time 

period to respond to the request 

commences, but in any event not later 

than 10 days after the request is first 

received by any DHS component that is 

designated in the DHS regulations to 

receive FOIA requests. A request is not 

a misdirected request if the receiving 

DHS component may maintain records 

responsive to any portion of the request. 

In other words, the receiving DHS 

component is not obligated to forward 

to other DHS components that may 

maintain responsive records unless 

those other DHS components are 

explicitly listed in the request. 

* * * * * 

■ 4. Revise § 5.21(a)(2) and (a)(6) to read 

as follows: 

§ 5.21 Requests for access to records.

(a) * * * 

(2) An individual may make a request

for access to a Department of Homeland 

Security record about that individual 

covered by a DHS-wide or component 

system of records notice (SORN) by 

writing directly to the Department 

component that maintains the record at 

the address listed in appendix A to this 

part or via the internet at https://

www.dhs.gov/foia. A description of all 

DHS-wide and component SORNs may 

be found here: https://www.dhs.gov/ 

system-records-notices-sorns. 

***

(6) An individual may send a request

to the Privacy Office, Mail Stop 0655, 

U.S. Department of Homeland Security, 

2707 Martin Luther King Jr. Ave. SE, 

Washington, DC 20528–0655, or via the 

internet at https://www.dhs.gov/foia, or 

via fax to (202) 343–4011 for any of the 

Headquarters Offices of the Department 

of Homeland Security listed Appendix 

A to Subpart 5. In addition, if a 

requester does not know which DHS 

component may maintain responsive 

records to a request, the requester may 

explicitly ask for assistance from the 

DHS Privacy Office with identifying the 

proper component that most likely 

maintains any potential responsive 

records citing this section of the 

regulations. Upon a request for 

assistance and based on information 

provided in the FOIA request and by the 

requester, the Privacy Office will 

forward the request to the DHS 

component(s) that it determines to be 

most likely, as of the date of the request 

for information, to maintain the records 

that are sought. The Privacy Office will 

notify the requester that it is forwarding 

the request, including identifying the 

component(s) where the request has 

been sent, provide the FOIA Public 

Liaison contact information for the 

respective component(s), and provide 

administrative appeal rights in the 

response. If the requester does not agree 

with the Privacy Office’s determination 

regarding which components would 

likely have records responsive to the 

request, the requester must submit a 

timely appeal of the Privacy Office’s 

determination. For the quickest possible 

handling, the requester should mark 

both the request letter and the envelope 

‘‘Privacy Act Request’’ or ‘‘Judicial 

Redress Act Request.’’ 

* * * * * 

■ 5. Revise § 5.22(c) to read as follows: 

§ 5.22 Responsibility for responding to

requests for access to records.

* * * * * 

(c) Misdirected requests,

consultations, coordination, and 

referrals. All misdirected requests and 

consultations, coordination, and 

referrals for requests of records subject 

to the Privacy Act or JRA will follow the 

same process and procedures as 

described in § 5.4(c) and § 5.4(d), 

including how to handle those requests 

that pertain to law enforcement 

information, as specified in § 5.4(d)(2), 

and classified information, as specified 

in § 5.4(d)(2) and (e). Further, whenever 

a request is made for access to a record 

containing information that has been 

classified by or may be appropriate for 

classification by another component or 

agency under any relevant Executive 

order concerning the classification of 

records, the receiving component will 

refer to § 5.24 for processing. 

* * * * * 

■ 6. Revise Appendix A to Part 5 to read 

as follows:

Appendix A to Part 5—FOIA/Privacy 

Act Offices of the Department of 

Homeland Security 

I. For Headquarters Offices of the

Department of Homeland Security, FOIA and 

Privacy Act (or JRA if applicable) requests 

should either be mailed to the Department’s 

Privacy Office, Mail Stop 0655, U.S. 

Department of Homeland Security, 2707 

Martin Luther King Jr. Ave. SE, Washington, 

DC 20528–0655, or submitted electronically 

via https://foiarequest.dhs.gov/. For a listing 

of Headquarters Offices and contact 

information, please see https://www.dhs.gov/ 

foia-contact-information. To help us respond 

to your request as quickly as possible, we 

strongly encourage you to submit your 

request electronically. Additional contact 

information for questions: Phone: 202–343– 

1743 or 866–431–0486, Fax: 202–343–4011, 

or Email: foia@hq.dhs.gov. The Public 

Liaison may also be contacted using this 

information. 

II. For the following components and

offices of the Department of Homeland 

Security, FOIA and Privacy Act (or JRA if 

applicable) requests should be sent to the 

component’s FOIA Office, unless otherwise 

noted below. For each component, the Public 

Liaison may also be contacted using the 

information below. The components are: 

Cybersecurity and Infrastructure Security 

Agency (CISA) 

All requests should be either be mailed to 

the Department’s Privacy Office, Mail Stop 

0655, U.S. Department of Homeland Security, 

2707 Martin Luther King Jr. Ave. SE, 

Washington, DC 20528–0655, or submitted 

electronically by way of instructions at 

https://www.dhs.gov/foia-contactinformation. To help us respond to your 

request as quickly as possible, we strongly 

encourage you to submit your request 

electronically. Additional contact 

information for questions: Phone: 202–343– 

1743 or 866–431–0486, Fax: 202–343–4011, 

or Email: CISAFOIA@hq.dhs.gov. 

U.S. Customs and Border Protection (CBP) 

All requests should be mailed to U.S. 

Customs and Border Protection, Office of 

Privacy and Diversity Office, 90 K Street NE, 

Mail Stop 1181, 9th Floor, Washington, DC 

20002 or submitted electronically by way of 

instructions at https://www.dhs.gov/foiacontact-information. To help us respond to 

your request as quickly as possible, we 

strongly encourage you to submit your 

request electronically. Additional contact 

information for questions: Phone: 202–325– 

0150 or Email: cbpfoiapublicliaison@

cbp.dhs.gov. 

Federal Emergency Management Agency 

(FEMA) 

All requests should be mailed to FOIA 

Officer, 500 C Street SW, Room 840, 

Washington, DC 20472, or submitted 

electronically by way of instructions at 

https://www.dhs.gov/foia-contactinformation. To help us respond to your 

request as quickly as possible, we strongly 

encourage you to submit your request 

electronically. Additional contact 

information for questions: Phone: 202–646– 


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3323, Fax: 202–646–3347, or Email: femafoia@fema.dhs.gov. 

Federal Law Enforcement Training Center 

(FLETC) 

All requests should be mailed to Freedom 

of Information Act Officer, Building #681, 

Suite B187, 1131 Chapel Crossing Road, 

Glico, GA 31524, or submitted electronically 

by way of instructions at https://

www.dhs.gov/foia-contact-information. To 

help us respond to your request as quickly 

as possible, we strongly encourage you to 

submit your request electronically. 

Additional contact information for questions: 

Phone: 912–267–3103, Fax: 912–267–3113, 

or Email: fletc-foia@dhs.gov. 

Immigration and Customs Enforcement (ICE) 

All requests should be mailed to Freedom 

of Information Act Office, 500 12th Street 

SW, Stop 5009, Washington, DC 20536–5009, 

or submitted electronically by way of 

instructions at https://www.dhs.gov/foiacontact-information. To help us respond to 

your request as quickly as possible, we 

strongly encourage you to submit your 

request electronically. Additional contact 

information for questions: Phone: 866–633– 

1182, Fax: 202–732–4265, or Email: ice-foia@

ice.dhs.gov. 

Office of Inspector General 

All requests should be mailed to the OIG 

Office of Counsel, 245 Murray Lane SW, Mail 

Stop–0305, Washington, DC 20528–0305, or 

submitted electronically by way of 

instructions at https://www.dhs.gov/foiacontact-information. To help us respond to 

your request as quickly as possible, we 

strongly encourage you to submit your 

request electronically. Additional contact 

information for questions: Phone: 202–981– 

6100, or Email: foia.oig@oig.dhs.gov. 

Transportation Security Administration 

(TSA) 

All requests should be mailed to Freedom 

of Information Act Branch, 6595 Springfield 

Center Drive, Springfield, VA 20598–6020, or 

submitted electronically by way of 

instructions at https://www.dhs.gov/foiacontact-information. To help us respond to 

your request as quickly as possible, we 

strongly encourage you to submit your 

request electronically. Additional contact 

information for questions: Phone: 1–866– 

FOIA–TSA or 571–227–2300, Fax: 571–227– 

1406, or Email: foia@tsa.dhs.gov. 

U.S. Citizenship and Immigration Services 

(USCIS) 

All requests should be mailed to National 

Records Center, FOIA/PA Office, P.O. Box 

648010, Lee’s Summit, MO 64064–8010, or 

submitted electronically by way of 

instructions at https://www.dhs.gov/foiacontact-information. To help us respond to 

your request as quickly as possible, we 

strongly encourage you to submit your 

request electronically. Additional contact 

information for questions: Phone:1–800–375– 

5283, USCIS Contact Center, or Email: 

FOIAPAQuestions@uscis.dhs.gov. 

U.S. Coast Guard (USCG) 

All requests should be mailed to 

Commandant (CG–6P), 2703 Martin Luther 

King Jr. Ave. SE, Stop 7710, Washington, DC 

20593–7710, or submitted electronically by 

way of instructions at https://www.dhs.gov/ 

foia-contact-information. To help us respond 

to your request as quickly as possible, we 

strongly encourage you to submit your 

request electronically. Additional contact 

information for questions: Phone: 202–475– 

3522, Fax: 202–372–8413, or Email: efoia@

uscg.mil. 

U.S. Secret Service (USSS) 

All requests should be mailed to Freedom 

of Information Act and Privacy Act Branch, 

245 Murray Lane SW, Building T–5, 

Washington, DC 20223, or submitted 

electronically by way of instructions at 

https://www.dhs.gov/foia-contactinformation. To help us respond to your 

request as quickly as possible, we strongly 

encourage you to submit your request 

electronically. Additional contact 

information for questions: Phone: 202–406– 

6370, Fax: 202–406–5586, or Email: FOIA@

usss.dhs.gov. 

Mason Clutter, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2024–03936 Filed 2–26–24; 8:45 am] 

BILLING CODE 9110–9L–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1430 

RIN 0560–AI66 

[Docket No. FSA–2024–0001] 

Dairy Margin Coverage Production 

History Adjustment and Program 

Extension 

AGENCY: Commodity Credit Corporation 

(CCC) and Farm Service Agency (FSA),

Department of Agriculture (USDA).

ACTION: Final rule. 

SUMMARY: This rule revises the 

regulations for Dairy Margin Coverage 

(DMC) as required by the Further 

Continuing Appropriations and Other 

Extensions Act, 2024, which extends 

provisions of the Agriculture 

Improvement Act of 2018 (2018 Farm 

Bill) and amends the Agricultural Act of 

2014 (2014 Farm Bill) to allow eligible 

dairy operations to make a one-time 

adjustment to established production 

history and extend DMC through 2024. 

In addition, the rule extends eligibility 

of multi-year (lock-in) contracts for an 

additional year until December 31, 

2024, and applies the discounted DMC 

premium rate to the newly established 

adjusted base production history. 

DATES: Effective: February 27, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Kilgore; telephone: (717) 887– 

0963; email: douglas.e.kilgore@

usda.gov. Individuals with disabilities 

who require alternative means of 

communication should contact 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 

FSA is revising the DMC regulations 

in 7 CFR part 1430 as required by the 

Further Continuing Appropriations and 

Other Extensions Act, 2024 (Pub. L. 

118–22), which extends provisions of 

the 2018 Farm Bill (Pub. L. 115–334) 

and amends the 2014 Farm Bill (Pub. L. 

113–79). This rule is necessary to 

implement statutory revisions to DMC 

to extend coverage for calendar year 

2024 and update the production history 

for dairy operations with less than 5 

million pounds according to a 

prescribed formula using 2019 

marketings. This one-time adjustment 

allows for the production history for 

each participating dairy operation with 

less than 5 million pounds of 

production to better reflect the current 

production of the dairy operation. The 

production history for DMC was 

previously based on the higher of 2011, 

2012, or 2013 marketings. The 

Consolidated Appropriations Act, 2021 

(CAA; Pub. L. 116–260), separately 

authorized, as discussed further below, 

supplemental payments to certain dairy 

operations that had supplemental 

production during DMC coverage years 

2021, 2022, or 2023, based on actual 

2019 marketings. These payments were 

referred to as Supplemental DMC. 

Amendments to DMC made by the 

Further Continuing Appropriations and 

Other Extensions Act, 2024, authorize a 

base production history adjustment for 

certain dairies using the same formula. 

Therefore, for ease of administration, for 

2024 DMC enrollment, dairy operations 

that established supplemental 

production history during the coverage 

years of 2021 through 2023 will 

combine their supplemental production 

history with established production 

history to create one adjusted base 

production history. Dairy operations 

that meet requirements for the 

adjustment but did not establish 

supplemental production history during 

the coverage years of 2021, 2022, and 

2023 will have the opportunity to 

establish a base production history 


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