48018 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 

(i) Payments for sales-based 

commodities will be: 

(1) Based on one of the following as 

elected by the producer: 

(i) The producer’s sales for calendar 

year 2018 and crop insurance 

indemnities and NAP and WHIP+ 

payments for the 2018 crop year for all 

sales-based commodities; or 

(ii) The producer’s sales for calendar 

year 2019 and crop insurance 

indemnities and NAP and WHIP+ 

payments for the 2019 crop year for all 

sales-based commodities. 

(2) Equal to the sum of the results for 

the following calculation for each sales 

range in Table 2 of paragraph (j) of this 

section: 

(i) The sum of the amount of the 

producer’s eligible sales for the salesbased commodities in the applicable 

calendar year and the producer’s crop 

insurance indemnities and NAP and 

WHIP+ payments for the sales 

commodities for the applicable crop 

year within the specified range, 

multiplied by the payment rate for that 

range in Table 2 of paragraph (j) of this 

section. 

(ii) Eligible sales only includes sales 

of raw commodities grown by the 

producer; the portion of sales derived 

from adding value to the commodity, 

such as processing and packaging, and 

from sales of products purchased for 

resale is not included in the payment 

calculation unless determined eligible 

by the Secretary. 

(3) Payments for producers of sales 

commodities who began farming in 

2020 and had no sales in 2019, 

calculated as provided in paragraph 

(i)(2) of this section, except that the 

payments will be based on the 

producer’s actual 2020 sales, without 

crop insurance indemnities, NAP or 

WHIP+ payments, as of the date the 

producer submits an application for 

payment under this section. 

(j) * * * 

TABLE 2 TO PARAGRAPH (J)—PAYMENT RATES FOR SALES COMMODITIES

2018 or 2019 Sales range 

(including crop insurance indemnities and NAP and WHIP+ payments) Percent payment factor 

*******

* * * * * 

(l) For eligible contract producers, if 

eligible revenue for the period from 

January 1, 2020, through December 27, 

2020, decreased compared to eligible 

revenue for the period from January 1, 

2018, through December 27, 2018, or the 

period from January 1, 2019, through 

December 27, 2019, then payments will 

be equal to: 

(1) Eligible revenue received from 

January 1, 2018, through December 27, 

2018, or from January 1, 2019, through 

December 27, 2019; minus 

(2) Eligible revenue received from 

January 1, 2020, through December 27, 

2020; multiplied by 

(3) 80 percent. 

(4) USDA will adjust the eligible 

revenue based on information certified 

by the contract producer on form AD– 

3117B for contract producers who did 

not have a full period of revenue from 

January 1 to December 27 for either 

2018 or 2019, or who increased their 

operation size in 2020. Information 

required to calculate these adjustments 

may include a contract producer’s 

square footage increase to the operation 

in 2020, or a contract producer’s 

production or number of turns for 2018, 

2019, or 2020, as applicable. 

(m) For eligible contract producers 

who did not receive eligible revenue 

from January 1 through December 27 in 

2018 or 2019, but received eligible 

revenue for the period from January 1, 

2020, through December 27, 2020: 

(1) FSA will divide the eligible 

revenue received from January 1, 2020, 

through December 27, 2020, by the 

result of 1 minus the average revenue 

loss level, determined by USDA for a 

geographic area based on the best 

available data including, but not limited 

to, losses reported by other contract 

producers for the same area and type of 

livestock or poultry; and 

(2) The payment will be equal to: 

(i) The result of the calculation in 

paragraph (m)(1) of this section minus 

the contract producer’s eligible revenue 

received from January 1, 2020, through 

December 27, 2020; multiplied by 

(ii) 80 percent. 

(n) Payments under paragraphs (l) and 

(m) of this section and the average 

revenue loss levels under paragraph 

(m)(1) of this section will be calculated 

separately for the following categories: 

(1) Chickens—broilers, pullets, and 

layers; 

(2) Chicken eggs; 

(3) Turkeys; 

(4) Hogs and pigs; 

(5) Ducks, geese, pheasants, quail; and 

(6) All other eligible poultry eggs. 

(o) The calculations in paragraphs (l) 

and (m) of this section are subject to the 

availability of funds and will be 

factored, if needed. 

Gloria Montan ̃ o Greene, 

Deputy Under Secretary, Farm Production 

and Conservation, U.S. Department of 

Agriculture. 

[FR Doc. 2021–18423 Filed 8–26–21; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0075; Airspace 

Docket No. 21–ASO–2] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Muscle Shoals, AL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace extending upward from 700 

feet above the surface in Muscle Shoals, 

AL, due to the decommissioning of the 

Muscle Shoals Very High Frequency 

Omni-Directional Radio Range Tactical 

Air Navigation Aid (VORTAC), and 

cancellation of the associated approach 

at Northwest Alabama Regional Airport. 

This action also updates the airport 

name under the Class E surface airspace 

and makes an editorial change replacing 

the term Airport/Facility Directory with 

the term Chart Supplement in the legal 

descriptions of associated Class E 

airspace. Controlled airspace is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

DATES: Effective 0901 UTC, December 2, 

2021. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.11 and publication of 

conforming amendments. 


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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48019 

ADDRESSES: FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; Telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Ave., 

College Park, GA 30337; Telephone 

(404) 305–6364. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rule 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106, describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

Class E airspace at Northwest Alabama 

Regional Airport, Muscle Shoals, AL. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (86 FR 27329, May 20, 2021) 

for Docket No. FAA–2021–0075 to 

amend Class E airspace extending 

upward from 700 feet above the surface 

at Northwest Alabama Regional Airport, 

Muscle Shoals, AL. Also, the FAA 

proposed to update the airport name 

and replace the outdated term Airport/ 

Facility Directory with the term Chart 

Supplement in the associated Class E 

airspace legal description for this 

airport. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. One comment was 

received supporting the airspace 

change. 

Class E airspace designations are 

published in Paragraphs 6002 and 6005, 

respectively, of FAA Order 7400.11E, 

dated July 21, 2020, and effective 

September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.11E, Airspace Designations and 

Reporting Points, dated July 21, 2020, 

and effective September 15, 2020. FAA 

Order 7400.11E is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic routes, and reporting points. 

The Rule 

The FAA is amending 14 CFR part 71 

by amending Class E airspace extending 

upward from 700 feet above the surface 

at Northwest Alabama Regional Airport, 

Muscle Shoals, AL, as the Muscle 

Shoals VORTAC has been 

decommissioned, and associated 

approaches cancelled. The radius of the 

airport is decreased from 7 miles to 6.8 

miles, adding a 12.5-mile extension to 

the east and an 8.1-mile extension to the 

south. Also, the FAA updates the airport 

name to Northwest Alabama Regional 

Airport, (formerly Muscle Shoals 

Regional Airport) in both the Class E 

surface airspace and Class E airspace 

extending upward from 700 feet above 

the surface. In addition, the FAA is 

replacing the outdated term Airport/ 

Facility Directory with the term Chart 

Supplement in the associated Class E 

airspace legal description for this 

airport. 

These changes are necessary for 

continued safety and management of 

IFR operations in the area. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is minimal. Since this is a 

routine matter that only affects air traffic 

procedures an air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6002 Class E Surface Airspace. 

* * * * * 

ASO AL E2 Muscle Shoals, AL [Amended] 

Northwest Alabama Regional Airport, AL 

(Lat. 34°44′43′′ N, long. 87°36′37′′ W) 

That airspace extending upward from the 

surface within a 4.2-mile radius of Northwest 

Alabama Regional Airport. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Chart Supplement. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 


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48020 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 

1Section 223(c)(2) of the Social Security Act; 20 

CFR 404.315(a)(4). 

2 Id. 

3Public Law 116–250, 134 Stat. 1128, available at 

https://www.congress.gov/bill/116th-congress/ 

senate-bill/578. 

4Public Law 117–3, 135 Stat. 246, available at 

https://www.congress.gov/bill/117th-congress/ 

senate-bill/579. 

5 166 Cong. Rec. H6988, December 8, 2020, 

https://www.congress.gov/congressional-record/ 

volume-166/house-section/page/H6988-6991. 

6Section 2(b) of the ALS Act, Public Law 116– 

250, 134 Stat. at 1128. 

ASO AL E5 Muscle Shoals, AL [Amended] 

Northwest Alabama Regional Airport, AL 

(Lat. 34°44′43′′ N, long. 87°36′37′′ W) 

That airspace extending upward from 700 

feet or more above the surface within a 6.8- 

mile radius of Northwest Alabama Regional 

Airport, and within 3.7-miles each side of the 

114° bearing from the airport, extending from 

the 6.8-mile radius to 12.5-miles east of the 

airport, and within 1.2-miles each side of the 

181° bearing from the airport, extending from 

the 6.8-mile radius to 8.1-miles south of the 

airport. 

Issued in College Park, Georgia, on August 

23, 2021. 

Matthew N. Cathcart, 

Manager, Airspace & Procedures Team North, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–18422 Filed 8–26–21; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2021–0017] 

RIN 0960–AI59 

Removing the Waiting Period for 

Entitlement to Social Security 

Disability Insurance Benefits for 

Individuals With Amyotrophic Lateral 

Sclerosis 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Final rule. 

SUMMARY: In accordance with the ALS 

Disability Insurance Access Act of 2019, 

as amended, this final rule eliminates 

the 5-month waiting period for the 

Social Security Disability Insurance 

(SSDI) program for individuals with 

amyotrophic lateral sclerosis (ALS) who 

were approved for SSDI benefits on or 

after July 23, 2020. 

DATES: This final rule is effective August 

27, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Mary Quatroche, Director, Office of 

Vocational, Evaluation and Process 

Policy, Office of Disability Policy, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 966–4794. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the SSDI program, individuals 

who have been found to be disabled are 

subject to a 5-month waiting period 

before they are entitled to their first 

payment. The waiting period begins 

with the first full month the individual 

meets all the eligibility factors covered 

by the application and ends 5 months 

after that date. Subject to some 

exceptions, the disabled individual is 

entitled to begin receiving payments 

beginning with the first full calendar 

month after the waiting period in which 

all other requirements are met.1

The waiting period cannot begin more 

than 17 months before the month in 

which the individual files an 

application for SSDI and meets the 

disability insured status requirements.2

As an example, consider an individual 

whose disability began on April 2, 2020, 

based on an application for SSDI 

benefits filed on May 2, 2020. If 

approved for SSDI, the individual’s 5- 

month waiting period would begin in 

May 2020 and end in September 2020, 

and the individual would be entitled to 

benefits beginning with October 2020 

(that is, the first full month after 

completion of the waiting period). 

On December 22, 2020, the President 

signed into law the ALS Disability 

Insurance Access Act of 2019 (ALS 

Act),3 and on March 23, 2021, the 

President signed into law an act to make 

a technical correction to the ALS Act.4

Commonly known as Lou Gehrig’s 

disease, ALS is a progressive 

neurodegenerative disease that affects 

nerve cells in the brain and spinal cord. 

There is no known cure for ALS.5 Before 

the enactment of the ALS Act, 

individuals with ALS were subject to 

the 5-month waiting period for receiving 

SSDI benefits. The ALS Act eliminated 

the 5-month waiting period for 

individuals who have been medically 

determined to have ALS. 

The ALS Act originally applied to 

individuals with ALS who filed an 

application for SSDI benefits on or after 

December 23, 2020.6 The technical 

correction to the ALS Act amended the 

effective date of the law. Under the 

technical correction, the elimination of 

the 5-month waiting period applies to 

individuals with ALS whose 

applications for SSDI benefits were 

approved after the date that is 5 months 

before the date of enactment of the ALS 

Act on December 22, 2020. In practical 

terms, this means the elimination of the 

5-month waiting period applies to 

individuals with ALS whose 

applications for SSDI benefits were 

approved on or after July 23, 2020. 

Explanation of Changes 

To ensure our regulations reflect the 

provisions of the ALS Act, as amended, 

we have added language in 20 CFR 

404.315 to eliminate the 5-month 

waiting period for individuals with ALS 

whose applications for SSDI benefits 

were approved on or after July 23, 2020. 

We also added language to 20 CFR 

404.317 to reflect this change in the law 

due to the ALS Act. We are making no 

other changes to our regulations. 

Regulatory Procedures 

We follow the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 U.S.C. 553 

when we develop regulations. Section 

702(a)(5) of the Social Security Act, 42 

U.S.C. 902(A)(5). Generally, the APA 

requires that an agency provide prior 

notice and opportunity for public 

comment before issuing a final rule. The 

APA provides exceptions to the notice 

and public comment procedures when 

an agency finds there is good cause for 

dispensing with such procedures 

because they are impracticable, 

unnecessary, or contrary to the public 

interest. 

We find that there is good cause 

under 5 U.S.C. 553(b)(B) to issue this 

regulatory change as a final rule without 

prior public comment. We find that 

prior public comment is unnecessary 

because this final rule merely makes our 

regulations (20 CFR 404.315 and 

404.317) consistent with the provisions 

of the ALS Act, as amended, which 

eliminated the 5-month waiting period 

for individuals with ALS whose 

applications for DI benefits were 

approved on or after July 23, 2020. 

Because we are only making our 

regulations consistent with the ALS Act, 

and we are making no other changes, we 

find that prior public comment is 

unnecessary and that there is good 

cause to issue this final rule without 

prior notice and public comment. 

In addition, we find that there is good 

cause for dispensing with the 30-day 

delay in the effective date of this final 

rule as provided by 5 U.S.C. 553(d)(3). 

As we explained above, this final rule 

merely makes our regulations consistent 

with the ALS Act, which is already in 

effect. Therefore, we find that it is 

unnecessary to delay the effective date 

of the final rule. 


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