Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5493 

11See, e.g., 49 U.S.C. 114(d), (f), (l), (m). 

12See, e.g., 49 U.S.C. 115; 49 U.S.C. 114(l)(2)(B). 

13 49 U.S.C. 114(l)(2)(B). 

14The Secretary of Homeland Security serves as 

the TSOB Chairperson, 49 U.S.C. 115(b)(2), and has 

further delegated that responsibility to the Deputy 

Secretary of Homeland Secretary. DHS Delegation 

No. 7071.1. 

1More information on ELAP is available at 

https://www.fsa.usda.gov/programs-and-services/ 

disaster-assistance-program/emergency-assist-forlivestock-honey-bees-fish/index. 

2More information on LFP is available at https:// 

www.fsa.usda.gov/programs-and-services/disasterassistance-program/livestock-forage/index. 

3More information about LIP is available at 

https://www.fsa.usda.gov/programs-and-services/ 

disaster-assistance-program/livestock-indemnity/ 

index. 

4See 7 CFR 1416.107(a). 

5See 7 CFR 1416.305(b). 

the nation’s transportation system.11

The TSOB—a body consisting of the 

Secretary of Homeland Security, the 

Secretary of Transportation, the 

Attorney General, the Secretary of 

Defense, the Secretary of the Treasury, 

the Director of National Intelligence, or 

their designees, and a representative of 

the National Security Council—reviews 

certain TSA regulations and security 

directives as consistent with law.12 TSA 

issued Security Directive Pipeline2021–01D and Security Directive 

Pipeline-2021–02E under 49 U.S.C. 

114(l)(2)(A), which authorizes TSA to 

issue emergency regulations or security 

directives without providing notice or 

the opportunity for public comment 

where ‘‘the Administrator determines 

that a regulation or security directive 

must be issued immediately in order to 

protect transportation security . . . .’’ 

Security directives issued pursuant to 

the procedures in 49 U.S.C. 114(l)(2) 

‘‘shall remain effective for a period not 

to exceed 90 days unless ratified or 

disapproved by the Board or rescinded 

by the Administrator.’’ 13

Following the issuance of Security 

Directive Pipeline-2021–01D on May 29, 

2024, and Security Directive Pipeline2021–02E on July 26, 2024, the chair of 

the TSOB convened the board to review 

the directives.14 In reviewing each 

Security Directive, the TSOB reviewed 

the required measures extended and 

amended by the directives and the 

continuing need for TSA to maintain 

these requirements pursuant to its 

emergency authority under 49 U.S.C. 

114(1)(2) to prevent the disruption and 

degradation of the country’s critical 

transportation infrastructure. The TSOB 

also considered whether to authorize 

TSA to extend each security directive 

beyond their current expiration dates 

subject to certain conditions, should the 

TSA Administrator believe such an 

extension is necessary to address the 

evolving threat that may continue 

beyond the original expiration date. 

Following its review, the TSOB 

ratified Security Directive Pipeline2021–01D on June 28, 2024, and 

Security Directive Pipeline-2021–02E on 

August 23, 2024. The TSOB also 

authorized TSA to extend each of the 

security directives beyond their current 

expiration dates, should the TSA 

Administrator determine such an 

extension is necessary to address the 

evolving threat that may continue 

beyond the original expiration date. 

Such an extension is subject to the 

following conditions: (1) there are no 

changes to the security directive other 

than an extended expiration date; (2) the 

TSA Administrator makes an affirmative 

determination that conditions warrant 

the extension of the directive’s 

requirements; and (3) the TSA 

Administrator documents such a 

determination and notifies the TSOB. 

Kristie Canegallo, 

Senior Official Performing the Duties of the 

Deputy Secretary of Homeland Security & 

Chairman of the Transportation Security 

Oversight Board. 

[FR Doc. 2025–01243 Filed 1–15–25; 11:15 am] 

BILLING CODE 9110–9M–P 

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. 

SUMMARY: This rule makes discretionary 

changes to simplify and streamline 

deadlines for the Emergency Assistance 

for Livestock, Honeybees, and FarmRaised 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: seth.cross@usda.gov. For 

LFP and LIP: Kelly Breinig; telephone: 

(202) 720–1603; email: kelly.breinig@

usda.gov. 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

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. 

This rule changes the deadlines in 

§§ 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 


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5494 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

6See 7 CFR 1416.103(d)(6). 

7See 7 CFR 1416.110(n). 

8One 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. 

9See https://u.osu.edu/beef/2015/11/18/howmuch-hay-will-a-cow-consume. 

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. 

The first of those changes adds 

provisions to the ELAP regulations in 

§ 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 § 1416.110(q); 

• to sell to another producer; 

• for another producer’s livestock; or 

• for ineligible livestock. 

This rule also amends provisions in 

§ 1416.106(c)(5) regarding 

documentation to specify that a 

participant must provide verifiable or 

reliable records, as defined in 

§ 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 § 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. 

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 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5495 

10See https://sam.gov/content/assistance-listings. 

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 (§ 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: 

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 


KHAMMOND on DSK9W7S144PROD with RULES
5496 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

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-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: (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: program.intake@usda.gov. 

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 

■ 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 FarmRaised Fish Program 

■ 2. In § 1416.103, revise paragraph 

(d)(6) to read as follows. 

§ 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 § 1416.110(q); 

(ii) To sell to another producer; 

(iii) For another producer’s livestock; 

or 

(iv) For ineligible livestock. 

* * * * * 

■ 3. In § 1416.106, revise paragraph 

(c)(5) to read as follows. 

§ 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. 

* * * * * 

■ 4. Revise § 1416.107 to read as 

follows. 

§ 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] 

■ 5. In § 1416.110: 

■ a. Redesignate paragraph (q) as 

paragraph (r); and 

■ b. Add new paragraph (q). 

The addition reads as follows. 

§ 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 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 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 

§ 1416.206 [Amended] 

■ 6. In § 1416.206, in paragraph (a), 

remove the words ‘‘30 calendar days’’ 

and add ‘‘March 1’’ in their place. 

Subpart D—Livestock Indemnity 

Program 

■ 7. In § 1416.305: 

■ a. Revise paragraph (b)(1); 

■ 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 

■ c. In paragraph (i)(1), remove the 

words ‘‘60 calendar days’’ and add 

‘‘March 1’’ in their place. 

The revision reads as follows. 

§ 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 

DEPARTMENT OF AGRICULTURE 

7 CFR Part 2100 

RIN 0503–AA82 

[Docket No. USDA–2024–0003] 

Technical Guidelines for Climate-Smart 

Agriculture Crops Used as Biofuel 

Feedstocks 

AGENCY: Office of the Chief Economist 

(OCE), U.S. Department of Agriculture 

(USDA). 

ACTION: Interim rule. 

SUMMARY: This interim rule with request 

for comment establishes technical 

guidelines for quantifying, reporting, 

and verifying the greenhouse gas (GHG) 

emissions associated with agricultural 

production of biofuel feedstock 

commodity crops grown in the United 

States in the context of environmental 

service markets. Specifically, the rule 

establishes guidelines for the reporting 

and verification of practices and 

technologies used in the production of 

certain commodity crops that result in 

lower greenhouse gas emissions or 

increases in carbon storage. These 

practices are referred to in the context 

of this rule as climate-smart agriculture 

(CSA) practices. The guidelines 

established through this rule articulate 

an approach for farm producers to 

quantify the GHG emissions associated 

with crops produced using one or more 

CSA practices. The guidelines also 

articulate a framework for how 

information regarding GHG emissions, 

resulting from the production of biofuel 

feedstock commodity crops, could be 

reported and tracked throughout the 

supply chain. 

DATES: 

Effective: January 17, 2025. 

Comment Date: We will consider 

comments that we receive by March 18, 

2025. 

ADDRESSES: We invite you to submit 

comments on this rule. You may submit 

comments through the: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and search 

for Docket ID USDA–2024–0003. Follow 

the online instructions for submitting 

comments. 

Comments will be available for 

viewing online at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Hohenstein, Director of the 

Office of Energy and Environmental 

Policy, (202) 720–0450, 

william.hohenstein@usda.gov. 

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 

This rule establishes new technical 

guidelines for crop commodities that are 

used as biofuel feedstocks. USDA is 

issuing this rule to establish guidelines 

for the quantification, reporting, and 

verification of GHG reduction benefits 

resulting from implementation of CSA 

practices in the production of 

commodities that are used as biofuel 

feedstocks in the context of 

environmental services markets. CSA 

practices are agricultural management 

practices, systems, and technologies that 

have been demonstrated to generally 

reduce GHG emissions or increase soil 

carbon sequestration. Greater adoption 

of CSA practices could lower overall 

GHG emissions associated with biofuel 

production and provide other 

environmental benefits, such as 

improved water quality and soil health. 

These technical guidelines are 

intended for the purpose of biofuels 

production. USDA’s authority allows for 

the establishment of guidelines related 

to emerging environmental services 

markets. At this time, the biofuel market 

represents a clear market opportunity 

for climate-smart feedstocks. Producing 

a carbon offset is a different policy 

context that would require a different 

set of standards. These guidelines do 

not constitute a carbon offset protocol. 

The net GHG emissions associated 

with a defined set of CSA practices will 

be quantified as explained below in the 

Methodology for Calculating Carbon 

Intensities used in USDA Feedstock 

Carbon Intensity Calculator (USDA FD– 

CIC) section, once USDA FD–CIC is 

finalized. USDA will shortly publish 

USDA FD–CIC on its website at https:// 

www.usda.gov/usda-fdcic for peerreview purposes, beta testing, and to 

obtain public feedback. 

Crop production generates GHG 

emissions, including from soil carbon 

released during tillage and nitrous oxide 

emissions resulting from fertilizer use, 

among other sources. When such crops 

are used as feedstocks to produce 

biofuels, the GHG emissions associated 

with their production contribute a 

significant percentage of the overall 

GHG emissions associated with cropbased biofuel production. For instance, 

feedstock emissions account for 

approximately 56 percent and 55 

percent of the direct emissions from 

producing corn ethanol and soybean 

biodiesel, respectively. The GHG 

emissions associated with feedstock 

crop production can be reduced through 

CSA practices, in turn reducing the 

lifecycle GHG emissions of a biofuel. To 

date, most existing programs have relied 

on assumptions about average or typical 

farming practices to estimate emissions 

associated with biofuel feedstock 

production. To improve the empirical 

basis and verifiability of the effects of 

CSA practices on net GHG emissions, 

and to quantify net GHG emissions 

reductions specifically attributed to 

those feedstocks grown with climatesmart practices, USDA developed this 

rule to establish technical guidelines for 

CSA crops used as biofuel feedstocks. 

This interim rule allows for the 

differentiation and quantification of 

carbon intensities associated with the 

production of CSA crops used as biofuel 

feedstocks, through USDA FD–CIC, 

upon its finalization. 

This interim rule is authorized by the 

Food, Conservation, and Energy Act of 

2008 (2008 Farm Bill (Pub. L. 110–246)), 


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