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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5493-5497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01104]

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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1416

[Docket ID: CCC-2024-0003]
RIN 0560-AI68

Supplemental Agricultural Assistance Programs

AGENCY: Commodity Credit Corporation (CCC) and Farm Service Agency 
(FSA), Department of Agriculture (USDA).

ACTION: Final rule.

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SUMMARY: This rule makes discretionary changes to simplify and 
streamline deadlines for the Emergency Assistance for Livestock, 
Honeybees, and Farm-Raised Fish Program (ELAP), the Livestock Forage 
Disaster Program (LFP), and the Livestock Indemnity Program (LIP). It 
also makes changes to clarify ELAP provisions for assistance for 
transportation of livestock feed.

DATES: Effective January 17, 2025.

FOR FURTHER INFORMATION CONTACT: For ELAP: Seth Cross; telephone: (402) 
309-3338; email: [email protected]. For LFP and LIP: Kelly Breinig; 
telephone: (202) 720-1603; email: [email protected]. Individuals 
who require alternative means for communication should contact the 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

    ELAP, LFP, and LIP use CCC funds to provide emergency relief to 
eligible producers (7 U.S.C. 9081). FSA administers ELAP, LFP and LIP 
on behalf of CCC. ELAP provides assistance to producers of livestock, 
honeybees, and farm-raised fish to aid in the reduction of losses due 
to disease, adverse weather, or other conditions, such as blizzards and 
wildfires, as determined by the Secretary, that are not covered by LIP 
or LFP.\1\ LFP provides assistance to livestock producers who suffer 
eligible grazing losses on land physically located in a county 
experiencing a qualifying drought during the normal grazing period for 
the county or are prohibited by a Federal agency from grazing the 
normal permitted livestock on managed rangeland due to a qualifying 
fire.\2\ LIP provides assistance for livestock deaths in excess of 
normal mortality caused by adverse weather or by attacks by animals 
reintroduced into the wild by the Federal Government.\3\
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    \1\ More information on ELAP is available at https://www.fsa.usda.gov/programs-and-services/disaster-assistance-program/emergency-assist-for-livestock-honey-bees-fish/index.
    \2\ More information on LFP is available at https://www.fsa.usda.gov/programs-and-services/disaster-assistance-program/livestock-forage/index.
    \3\ More information about LIP is available at https://www.fsa.usda.gov/programs-and-services/disaster-assistance-program/livestock-indemnity/index.
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    This rule makes discretionary changes to simplify and streamline 
the deadlines for ELAP, LFP, and LIP. It also makes discretionary 
changes to the ELAP regulations for assistance for transportation of 
livestock feed.

Deadlines for ELAP, LFP, and LIP

    This rule amends the regulations for ELAP, LFP, and LIP to have a 
single deadline across all three programs for filing a notice of loss 
(required for ELAP \4\ and LIP \5\), an application for payment, and 
other required documentation. Previously, each of the three programs 
had multiple deadlines and time frames for submitting required forms 
and documentation, and those deadlines also varied among the three 
programs. These changes are intended to improve efficiencies for 
producers and FSA staff, provide clarity regarding program timelines, 
and give FSA staff sufficient time to deliver support to producers who 
have suffered eligible losses due to disaster events.
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    \4\ See 7 CFR 1416.107(a).
    \5\ See 7 CFR 1416.305(b).
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    This rule changes the deadlines in Sec. Sec.  1416.107, 1416.202, 
and 1416.305 to specify that the deadline to file a notice of loss, an 
application for payment, and required documentation for each program is 
March 1 following the end of the applicable program year, which is 
based on the calendar year for the three

[[Page 5494]]

programs. The deadline changes are effective beginning with the 2024 
program year, which began on January 1, 2024. Producers who suffered 
eligible losses for the 2024 program year prior to the publication of 
this rule may submit documents or make changes to previously filed 
documents for these programs by the new deadline of March 1, 2025, even 
if the previous deadline had passed.

ELAP Assistance for Feed Transportation

    Under ELAP, in addition to the purposes described in 7 U.S.C. 
9081(d)(1), the CCC funds are authorized to be used to reduce losses 
caused by feed or water shortages, disease, or other factors as 
determined by the Secretary, including inspections of cattle tick fever 
(7 U.S.C. 9081(d)(2)). Feed transportation was added as an eligible 
loss for ELAP in a final rule published on April 6, 2022 (87 FR 19783-
19786), to provide assistance to livestock producers in areas suffering 
from eligible adverse weather, an eligible loss condition, or eligible 
drought, who incur additional hauling costs because they are forced to 
transport feed from unaffected areas. To be eligible for ELAP 
assistance for feed transportation, producers must have a loss 
resulting from the additional cost to transport livestock feed to 
eligible livestock for additional mileage above normal, due to eligible 
adverse weather, an eligible loss condition, or eligible drought.\6\ 
Payments are calculated by multiplying a national payment rate by the 
national average price per mile to transport a truckload of livestock 
feed, multiplied by the actual number of additional miles the feed was 
transported by the producer in excess of 25 miles per truckload of 
livestock feed and for no more than 1,000 miles per truckload of feed 
during the program year.\7\ This rule makes several changes to the ELAP 
regulations to clarify the feed transportation eligibility and 
documentation requirements and ensure that ELAP assistance for feed 
transportation is provided only for eligible losses as authorized and 
described in the April 2022 final rule.
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    \6\ See 7 CFR 1416.103(d)(6).
    \7\ See 7 CFR 1416.110(n).
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    The first of those changes adds provisions to the ELAP regulations 
in Sec.  1416.103(d)(6) to specify that an eligible loss from the 
additional cost to transport livestock feed is limited to the cost to 
transport feed to meet the feed needs for eligible livestock during the 
program year in which the eligible adverse weather, eligible loss 
condition, or eligible drought occurred. The provisions also clarify 
that the cost to transport livestock feed is not an eligible loss if 
the feed is purchased or obtained:
     in excess of the amount needed for the program year in 
which the eligible adverse weather, eligible loss condition, or 
eligible drought occurred, which will be determined as described below 
in the changes to Sec.  1416.110(q);
     to sell to another producer;
     for another producer's livestock; or
     for ineligible livestock.
    This rule also amends provisions in Sec.  1416.106(c)(5) regarding 
documentation to specify that a participant must provide verifiable or 
reliable records, as defined in Sec.  1416.102, that show the 
additional livestock feed was only purchased or obtained to sustain 
eligible livestock during an eligible adverse weather or loss 
condition. The provisions also specify that handwritten receipts are 
not considered eligible documentation for feed transportation without 
accompanying truck logs or other documentation to verify the cost of 
transportation, and payments in cash must have a verifiable record to 
verify that the transaction was made between two parties. These changes 
allow FSA to confirm that losses claimed for feed transportation are 
eligible losses as described above.
    To prevent payments for ineligible feed transportation costs, this 
rule also adds provisions in Sec.  1416.110(q) that limit the amount of 
an ELAP payment for feed transportation based on the expected feed need 
of a producer's eligible animals.
    First, FSA will convert the number of eligible livestock identified 
on the application to an animal unit basis, using the same methodology 
used for ELAP assistance for water transportation and grazing 
losses.\8\ As provided in 7 CFR 1416.110(i)(1), FSA determined that the 
corn need for an adult cow, which is equal to 1 animal unit, is 15.7 
pounds per day. Forage or hay requirements for an adult beef cow are 
approximately 24 pounds of dry hay matter per day, or approximately 26 
pounds of hay with 8 percent moisture.\9\ To allow for a reasonable 
variation in the amount of feed consumed by eligible livestock, FSA 
will multiply the number of animal units by 24 pounds of corn or corn 
equivalent (equal to 15.7 pounds multiplied by 150 percent, rounded up 
to the nearest pound) or 39 pounds of hay or forage (equal to 26 pounds 
of hay multiplied by 150 percent). FSA will multiply the result of that 
calculation by the number of calendar days in the time period from the 
beginning date of the eligible drought or other eligible loss condition 
until the end of the program year to determine the maximum amount of 
feed for which transportation assistance will be provided. Any loads 
hauled in excess of that amount during the program year are not 
eligible for assistance.
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    \8\ One animal unit is equal to one adult beef, buffalo, or 
beefalo adult cow or bull. FSA has determined animal unit 
equivalents for other eligible livestock types. For example, FSA has 
determined that one adult dairy cow is equal to 2.6 animal units.
    \9\ See https://u.osu.edu/beef/2015/11/18/how-much-hay-will-a-cow-consume.
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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 programs for payments to certain 
agricultural commodity producers and thus falls within the exemption 
for rules related to benefits. Further, as specified in 7 U.S.C. 
9091(c)(2), the regulations to implement ELAP, LFP, and LIP are:
     Exempt from the notice and comment provisions of 5 U.S.C. 
553; and
     Exempt from the Paperwork Reduction Act (44 U.S.C. chapter 
35).
    In addition, 7 U.S.C. 9091(c)(3) directs the Secretary to use the 
authority provided in 5 U.S.C. 808 (part of the Congressional Review 
Act), which provides that when an agency finds there is good cause that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the rule may take effect at such time as the 
agency determines. The beneficiaries of this rule have been impacted by 
eligible disaster events, which have resulted in economic losses, and 
the changes made by this rule simplify and streamline the delivery of 
assistance and ensure assistance is directed to eligible losses. FSA 
finds that a delay in the effective date of the rule is contrary to the 
public interest and therefore this rule is effective upon publication 
in the Federal Register.
    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.
    Subtitle E of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (also known as the Congressional Review Act) requires a 
delay in the effective date for 60 days from the date

[[Page 5495]]

of publication to allow for Congressional review of rules that meet the 
criteria specified in 5 U.S.C. 804(2). The Office of Information and 
Regulatory Affairs has determined that this rule meets the criteria in 
5 U.S.C. 804(2). As discussed above, FSA finds that a delay in the 
effective date of the rule is contrary to the public interest and 
therefore this rule is effective upon publication in the Federal 
Register.

Executive Orders 12866, 13563, and 14094

    Executive Order 12866, ``Regulatory Planning and Review,'' was 
amended by Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' and Executive Order 14094, ``Modernizing Regulatory Review.'' 
Executive Orders 12866 and 13563 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. 
The assessment should include potential economic, environmental, public 
health and safety effects, distributive impacts, and equity. Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. The requirements in Executive Orders 12866 and 13563 for 
the analysis of costs and benefits apply to rules that are determined 
to be significant.
    Executive Order 14094 requires Federal agencies to increase and 
improve public participation in the regulatory process. The Executive 
order's objective is to improve public trust in the regulatory process 
by reducing the risk or appearance of unequal or unfair influence in 
regulatory development.
    The Office of Management and Budget (OMB) designated this rule as 
not significant under Executive Order 12866, and therefore, OMB has not 
reviewed this rule and an analysis of costs and benefits is not 
required under either Executive Order 12866 or 13563.

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 through 
1508), the USDA regulation for compliance with NEPA (7 CFR part 1b), 
and because FSA will be making the payments to producers, the FSA 
regulation for compliance with NEPA (7 CFR part 799).
    This rule makes discretionary, administrative changes to ELAP, LFP, 
and LIP. The discretionary aspects are to improve administration of 
these programs and clarify existing program requirements. FSA is 
providing the disaster assistance under ELAP, LFP, and LIP to eligible 
producers. The discretionary, administrative provisions would not alter 
any environmental impacts resulting from implementing the mandatory 
changes to ELAP, LFP, and LIP. Accordingly, these discretionary, 
administrative aspects are covered by the following Categorical 
Exclusion in 7 CFR 799.31(b)(6)(vi) safety net programs administrated 
by FSA.
    Through this review, FSA determined that the proposed discretionary 
changes in this rule fit within the categorical exclusions listed 
above. Categorical exclusions apply when no extraordinary circumstances 
(Sec.  799.33) exist. This rule presents only discretionary amendments 
that will not have an impact on 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 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 changes made by this rule will be 
effective retroactively for the 2024 program year, as discussed above. 
Before any judicial actions may be brought regarding the provisions of 
this rule, the administrative appeal provisions of 7 CFR parts 11 and 
780 are to be exhausted.

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.

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 private sector. Therefore, 
this rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

Federal Assistance

    The title and number of the Federal assistance programs, as found 
in the Assistance Listing \10\ to which this rule applies are:
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    \10\ See https://sam.gov/content/assistance-listings.
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    10.088--Livestock Indemnity Program;
    10.089--Livestock Forage Disaster Program; and
    10.091--Emergency Assistance for Livestock, Honeybees, and Farm-
Raised Fish Program.

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

[[Page 5496]]

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.
    Individuals who require alternative means of communication for 
program information (for example, braille, large print, audiotape, 
American Sign Language) should contact the responsible Agency or 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). 
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-a-program-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: (1) mail to: U.S. Department of Agriculture, 
Office of the Assistant Secretary for Civil Rights, 1400 Independence 
Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) 
email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

List of Subjects in 7 CFR Part 1416

    Administrative practice and procedure, Agriculture, Bees, Dairy 
products, Disaster assistance, Fruits, Livestock, Nursery stock, 
Reporting and recordkeeping requirements, Seafood.

    For the reasons discussed above, Commodity Credit Corporation 
amends 7 CFR part 1416 as follows:

PART 1416--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE PROGRAMS

0
1. The authority citation for part 1416 continues to read as follows:

    Authority:  Title I, Pub. L. 113-79, 128 Stat. 649; Title I, 
Pub. L. 115-123; Title VII, Pub. L. 115-141; and Title I, Pub. L. 
116-20.

Subpart B--Emergency Assistance for Livestock, Honeybees, and Farm-
Raised Fish Program

0
2. In Sec.  1416.103, revise paragraph (d)(6) to read as follows.

Sec.  1416.103   Eligible losses, adverse weather, and other loss 
conditions.

* * * * *
    (d) * * *
    (6) A loss resulting from the additional cost incurred on or after 
January 1, 2021, to transport eligible livestock to feed or livestock 
feed to eligible livestock for additional mileage above normal, due to 
eligible adverse weather, an eligible loss condition, or eligible 
drought, as determined by the Deputy Administrator, including costs 
associated with treating livestock feed to prevent the spread of 
invasive pests. The cost of the feed is not eligible for payment. 
Negligence, mismanagement, or wrongdoing by the producer is not 
considered an eligible loss condition for livestock or feed 
transportation costs. To be eligible for a loss under this paragraph 
(d)(6), the livestock must be livestock that would normally have been 
on eligible grazing lands physically located in the county where the 
eligible adverse weather, eligible loss condition, or eligible drought, 
as determined by the Deputy Administrator, occurred. The eligible loss 
from the additional cost to transport livestock feed is limited to the 
cost to transport feed to meet the feed needs of eligible livestock for 
the program year in which the eligible adverse weather, eligible loss 
condition, or eligible drought occurred. The cost to transport 
livestock feed is not an eligible loss if the feed is purchased or 
obtained:
    (i) In excess of the amount needed for the program year in which 
eligible adverse weather, eligible loss condition, or eligible drought 
occurred, as determined according to Sec.  1416.110(q);
    (ii) To sell to another producer;
    (iii) For another producer's livestock; or
    (iv) For ineligible livestock.
* * * * *

0
3. In Sec.  1416.106, revise paragraph (c)(5) to read as follows.

Sec.  1416.106   Notice of loss and application process.

* * * * *
    (c) * * *
    (5) Additional cost incurred to transport eligible livestock to 
feed or livestock feed to eligible livestock for additional mileage 
above normal, due to an eligible adverse weather, an eligible loss 
condition, or eligible drought, as determined by the Deputy 
Administrator, including costs associated with treating livestock feed 
to prevent the spread of invasive pests. Verifiable or reliable records 
include, but are not limited to, commercial receipts, contemporaneous 
records, and invoices. Handwritten receipts are not acceptable without 
accompanying truck logs or other documentation to verify the cost of 
transportation. Cash payments must be supported by a verifiable record 
indicating that the transaction was made between two parties. Records 
must clearly indicate the dates on which livestock or feed was 
transported and the total mileage transported. A participant must 
provide verifiable records or reliable records that show additional 
livestock feed was only purchased or obtained to sustain eligible 
livestock during eligible adverse weather, an eligible loss condition, 
or eligible drought.
* * * * *

0
4. Revise Sec.  1416.107 to read as follows.

Sec.  1416.107   Notice of loss and application period.

    (a) To receive an ELAP payment, the participant must submit the 
following to the FSA county office by March 1 after the end of the 
applicable program year:
    (1) A notice of loss;
    (2) A complete application for payment; and
    (3) Any other documentation required by this subpart.
    (b) [Reserved]

0
5. In Sec.  1416.110:
0
a. Redesignate paragraph (q) as paragraph (r); and
0
b. Add new paragraph (q).
    The addition reads as follows.

Sec.  1416.110   Livestock payment calculations.

* * * * *
    (q) For the purpose of payments under paragraph (n) of this 
section, losses resulting from the additional cost of transporting 
livestock feed to eligible livestock are limited to the additional cost 
of transportation of feed to satisfy the feed needs of the eligible 
livestock identified on the application during the program year in 
which the eligible drought or other eligible loss condition occurred. 
Therefore, FSA will:
    (1) Convert the number of eligible livestock identified on the 
application to an animal unit basis;
    (2) Multiply the animal units determined in paragraph (q)(1) of 
this section by 24 pounds of corn or corn equivalent or 39 pounds of 
hay or forage;
    (3) Multiply the result of paragraph (q)(2) of this section by the 
number of calendar days in the time period from the beginning date of 
the eligible drought or other eligible loss condition until the end of 
the program year; and
    (4) Limit the truckloads used in the calculation to the total 
pounds calculated in paragraph (q)(3) of this

[[Page 5497]]

section. Any loads hauled in excess of that amount during the program 
year are not eligible for assistance.
* * * * *

Subpart C--Livestock Forage Disaster Program

Sec.  1416.206   [Amended]

0
6. In Sec.  1416.206, in paragraph (a), remove the words ``30 calendar 
days'' and add ``March 1'' in their place.

Subpart D--Livestock Indemnity Program

0
7. In Sec.  1416.305:
0
a. Revise paragraph (b)(1);
0
b. In paragraph (c), remove the year ``2019'' and add ``2024'' in its 
place, and remove the words ``60 calendar days'' and add ``March 1'' in 
its place; and
0
c. In paragraph (i)(1), remove the words ``60 calendar days'' and add 
``March 1'' in their place.
    The revision reads as follows.

Sec.  1416.305   Application process.

* * * * *
    (b) * * *
    (1) Provide a notice of loss, by livestock unit, to FSA by March 1 
after the end of the calendar year in which the eligible loss occurred.
* * * * *

Steven Peterson,
Acting Executive Vice President, Commodity Credit Corporation, and 
Acting Administrator, Farm Service Agency.
[FR Doc. 2025-01104 Filed 1-16-25; 8:45 am]
BILLING CODE 3411-EB-P
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