Unknown. Final rule

5,660 words·~26 min read·/register/2022/04/06/2022-07209·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2022-04-06.xml --- 87 66 Wednesday, April 6, 2022 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service See Rural Business-Cooperative Service See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19840 2022-07301 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Oil, Gas and Sulfur Operations in the Outer Continental Shelf:

Adjustment of Service Fees, 19799-19803 2022-07295 Centers Disease Centers for Disease Control and Prevention NOTICES Charter Amendments, Establishments, Renewals and Terminations: Advisory Board on Radiation and Worker Health, 19956-19957 2022-07241 Clinical Laboratory Improvement Advisory Committee, 19939 2022-07240 Meetings, 19937-19940 2022-07244 2022-07245 2022-07246 Meetings: Advisory Board on Radiation and Worker Health, Subcommittee on Procedures Reviews, National Institute for Occupational Safety and Health, 19937 2022-07248 Advisory Committee to the Director, 19938-19939 2022-07247 Board of Scientific Counselors, National Center for Health Statistics, 19940 2022-07242 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel;

Cancellation, 19938 2022-07243 Public Health Determination and Order: Suspending the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists, 19941-19956 2022-07306 Requests for Nominations: Healthcare Infection Control Practices Advisory Committee, 19940-19941 2022-07236 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2023 and Updates to the Inpatient Rehabilitation Facility Quality Reporting Program, 20218-20266 2022-07019 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19957-19958 2022-07314 Civil Rights Civil Rights Commission NOTICES Meetings: California Advisory Committee, 19852-19853 2022-07262 2022-07265 Connecticut Advisory Committee, 19852-19853 2022-07199 Meetings; Sunshine Act, 19852 2022-07412 Coast Guard Coast Guard RULES Special Local Regulation: Montlake Cut, Union Bay Reach, Seattle, WA, 19804-19805 2022-07201 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program, 19783-19786 2022-07209 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances;

Application, Registration, etc.: Meridian Medical Technologies, 19973 2022-07207 Education Department Education Department NOTICES Applications for New Awards: Developing Hispanic Serving Institutions Program, 19904-19911 2022-07212 Educational Technology, Media, and Materials for Individuals with Disabilities Program—Educational Materials in Accessible Formats for Eligible Children and Students with Disabilities; Corrections, 19903-19904 2022-07269 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19975-19976 2022-07237 2022-07239 Workforce Innovation and Opportunity Act 2021 Lower Living Standard Income Level, 19973-19975 2022-07238 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Standards for Automatic Commercial Ice Makers; Meeting, 19810-19811 2022-07278 NOTICES Importation or Exportation of Liquified Natural Gas or Electric Energy; Applications, Authorizations, etc.:

Sabine Pass Liquefaction, LLC, 19911-19912 2022-07208 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama; Birmingham Limited Maintenance Plan for the 1997 8-Hour Ozone National Ambient Air Quality Standards, 19806-19808 2022-07132 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Delaware; Removal of Stage II Gasoline Vapor Recovery Program Requirements and Revision of Stage I Gasoline Vapor Recovery Program Requirements, 19828-19833 2022-07214 Pennsylvania;

Reasonably Available Control Technology Determinations for Hydro Carbide Tool Co.'s Case-by-Case Sources under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 19824-19828 2022-07219 Federal Implementation Plan Addressing Regional Ozone Transport for the 2015 Ozone National Ambient Air Quality Standard, 20036-20216 2022-04551 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: New Source Performance Standards for New Residential Hydronic Heaters and Forced-Air Furnaces (Renewal), 19920-19921 2022-07266 Cross-Media Electronic Reporting:

Authorized Program Revision Approval, Delaware Department of Natural Resources and Environmental Control, 19922-19923 2022-07191 Authorized Program Revision Approval, District of Columbia Department of Energy and Environment, 19923 2022-07194 Authorized Program Revision Approval, Georgia Department of Environmental Protection, 19921-19922 2022-07197 Authorized Program Revision Approval, Guam Environmental Protection Agency, 19922 2022-07195 Authorized Program Revision Approval, Pima County Department of Environmental Quality, 19920 2022-07192 Authorized Program Revision Approval, Rhode Island Department of Environmental Management, 19919-19920 2022-07198 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Helicopters, 19791-19793 2022-07174 Leonardo S.p.a. Helicopters, 19793-19795 2022-07263 Special Conditions: Peregrine, Textron Aviation Model 400A Airplane; Rechargeable Lithium Batteries, 19789-19791 2022-07255 Peregrine; Installed Rechargeable Lithium Batteries, 19787-19789 2022-07254 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 19795-19799 2022-07202 2022-07203 PROPOSED RULES Airspace Designations and Reporting Points:

Northcentral United States, 19821-19823 2022-07205 Northway, AK, 19823-19824 2022-07204 Airworthiness Directives: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 19815-19818 2022-07161 ATR-GIE Avions de Transport Regional Airplanes, 19818-19821 2022-07157 De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 19813-19815 2022-07159 Special Conditions:

Airbus Model A321neoXLR Airplane; Passenger Protection from External Fire, 19811-19813 2022-07228 FCAH Federal Council on the Arts and the Humanities NOTICES Meetings: Arts and Artifacts Indemnity Panel Advisory Committee, 19981 2022-07249 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 19923-19924 2022-07439 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 19962-19969 2022-07296 2022-07297 2022-07299 2022-07303 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 19912-19915 2022-07279 2022-07280 Environmental Impact Statements;

Availability, etc.: Commonwealth LNG, LLC, 19918-19919 2022-07283 Institution of Section 206 Proceeding And Refund Effective Date: Black Rock Wind Force, LLC, 19915 2022-07281 Scoping Period: Cameron LNG Amended Expansion Project, 19915-19918 2022-07282 Federal Housing Finance Agency Federal Housing Finance Agency RULES Civil Monetary Penalty Inflation Adjustment; Correction, 19786 2022-07176 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 19924 2022-07231 Complaint and Assignment:

Achim Importing Co., Inc. v. Yang Ming Transport Corp., 19924 2022-07177 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19924-19936 2022-07213 2022-07220 2022-07221 2022-07222 2022-07224 2022-07225 2022-07226 2022-07227 2022-07230 Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 19931-19932 2022-07179 2022-07234 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 19928 2022-07235 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Subzone Status:

Kaiser Premier, LLC, Fort Morgan, CO, 19853 2022-07216 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disposal of National Forest Timber, Timber Export and Substitution Restrictions, 19841 2022-07308 Proposed New Fee Sites, 19840-19842 2022-07268 2022-07271 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation;

Modifications, 19936 2022-07232 Regulation; Packing List Clause, 19936-19937 2022-07233 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Considerations for Implementing the Health Information Technology for Economic and Clinical Health Act, 19833-19839 2022-07210 Health Resources Health Resources and Services Administration NOTICES Meetings:

National Advisory Council on Migrant Health, 19958 2022-07313 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Industry Industry and Security Bureau NOTICES Supply Chain Issues to Support the U.S.-EU Trade and Technology Council Secure Supply Chains Working Group, 19854-19855 2022-07211 Interior Interior Department See Bureau of Safety and Environmental Enforcement See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Circular Welded Carbon Steel Pipes and Tubes from Thailand, 19856-19858 2022-07215 Determination of Sales at Less-Than-Fair Value: Raw Honey from Ukraine; Termination, 19855-19856 2022-07270 Justice Department Justice Department See Drug Enforcement Administration See Parole Commission Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Workers Compensation Programs Office National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Research Awards Grantee Survey, 19981 2022-07286 National Foundation National Foundation on the Arts and the Humanities See Federal Council on the Arts and the Humanities See National Endowment for the Arts National Institute National Institute of Standards and Technology NOTICES Requests for Nominations: National Institute of Standards and Technology Federal Advisory Committees, 19858-19863 2022-07272 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 19958-19959 2022-07217 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 19808-19809 2022-07310 NOTICES Meetings: Pacific Bluefin Tuna United States Stakeholders, 19903 2022-07318 Pacific Fishery Management Council, 19863-19864, 19884 2022-07289 2022-07302 Research Track Assessment for Eastern Georges Bank and Georges Bank Haddock, 19884-19886 2022-07229 Taking or Importing of Marine Mammals:

Marine Site Characterization Surveys off of Coastal Virginia, 19864-19884 2022-07258 U.S. Navy Construction of the Multifunctional Expansion of Dry Dock 1 at Portsmouth Naval Shipyard, Kittery, ME, 19886-19903 2022-07257 National Park National Park Service NOTICES Inventory Completion: Nebraska State Historical Society DBA History Nebraska, Lincoln, NE, 19971-19972 2022-07173 Repatriation of Cultural Items: American Numismatic Society, New York, NY, 19970-19971 2022-07168 Oakland Museum of California, Oakland, CA, 19970 2022-07170 The Children's Museum of Indianapolis, Indianapolis, IN, 19972 2022-07169 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 19981 2022-07334 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disposal of High-Level Radioactive Waste in Geologic Repositories, 19984-19985 2022-07181 National Source Tracking Transaction Report, 19983-19984 2022-07178 Security Acknowledgement and Termination, 19982-19983 2022-07180 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings:

Healthcare Worker Whistleblower Stakeholders, 19977 2022-07250 Initiatives to Protect Workers from Heat-Related Hazards Stakeholders, 19977-19978 2022-07251 Parole Parole Commission NOTICES Meetings; Sunshine Act, 19973 2022-07441 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pipeline Safety: Natural Gas Distribution Infrastructure Safety and Modernization Grant Program, 20031-20033 2022-07315 Postal Service Postal Service NOTICES Product Change:

Priority Mail and First-Class Package Service Negotiated, 19985 2022-07316 Priority Mail Negotiated Service Agreement, 19985 2022-07317 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Public Health Week (Proc. 10363), 19779-19780 2022-07444 World Autism Awareness Day (Proc. 10364), 19781-19782 2022-07447 ADMINISTRATIVE ORDERS Defense Production Act of 1950; Presidential Determination (Presidential Determination No. 2022-11 of March 31, 2022), 19775-19777 2022-07421 Rural Business Rural Business-Cooperative Service NOTICES Applications for Rural Cooperative Development Grants, 19842-19851 2022-07311 Rural Housing Service Rural Housing Service NOTICES Community Facilities Technical Assistance and Training Grant Program for Fiscal Year 2022;

Correction, 19851-19852 2022-07259 Securities Securities and Exchange Commission NOTICES Application: Brighthouse Funds Trust I, et al., 20006 2022-07300 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 19985-19990 2022-07183 Cboe BZX Exchange, Inc., 20014-20028 2022-07193 NYSE American, LLC, 20002-20006 2022-07184 NYSE Arca, Inc., 19990-20002 2022-07187 2022-07188 NYSE Chicago, Inc., 20006-20010 2022-07185 NYSE National, Inc., 20010-20014 2022-07186 State Department State Department NOTICES Designation as Specially Designated Global Terrorists:

Katibat al Tawhid wal Jihad, 20029-20030 2022-07304 Determination with Respect to Assistance to Afghanistan Consistent with the Trafficking Victims Protection Act, 20028 2022-07305 List of Participating Countries and Entities in the Kimberley Process Certification Scheme, known as “Participants” for the Purposes of the Clean Diamond Trade Act, 20028-20029 2022-07312 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19959-19962 2022-07293 2022-07294 Trade Representative Trade Representative, Office of United States NOTICES Requests for Nominations: Intergovernmental Policy Advisory Committee on Trade, 20030-20031 2022-07264 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department NOTICES Interest Rate Paid on Cash Deposited to Secure U.S.

Immigration and Customs Enforcement Immigration Bonds, 20033-20034 2022-07307 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Minority Veterans, 20034 2022-07256 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Overpayment Recovery Questionnaire, 19978-19979 2022-07253 Requests for Nominations: Advisory Board on Toxic Substances and Worker Health, 19979-19981 2022-07252 Separate Parts In This Issue Part II Environmental Protection Agency, 20036-20216 2022-04551 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 20218-20266 2022-07019 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 66 Wednesday, April 6, 2022 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1416 [Docket ID: CCC-2022-0001] RIN 0560-AI63 Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program

(ELAP)Programs AGENCY: Commodity Credit Corporation

(CCC)and Farm Service Agency (FSA), USDA. ACTION: Final rule. SUMMARY: This rule makes changes to the Emergency Assistance for Livestock, Honey Bees, and Farm-raised Fish Program

(ELAP)to assist producers with the cost of transporting feed to livestock intended for grazing and the cost of transporting livestock intended for grazing to feed. This rule amends the definition of “eligible drought” to cover situations in which any area of a county has been rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity for at least 8 consecutive weeks, which will expand the availability of drought assistance for water transportation and honey bee feed losses. It also removes the restriction on providing assistance for transportation of water to livestock located on land enrolled in the Conservation Reserve Program (CRP). DATES: *Effective* April 6, 2022. FOR FURTHER INFORMATION CONTACT: Tona Huggins; telephone:

(202)720-6825; email: *Tona.Huggins@usda.gov.* Persons with disabilities who require alternative means for communication should contact the USDA Target Center at

(202)720-2600 (voice). SUPPLEMENTARY INFORMATION: Background ELAP provides financial assistance to eligible producers of livestock, honey bees, and farm-raised fish for losses due to disease, certain adverse weather events, and loss conditions, including blizzards and wildfires, as determined by the Secretary. ELAP provides assistance for losses that are not covered by the Livestock Forage Disaster Program

(LFP)and the Livestock Indemnity Program (LIP). This rule makes discretionary changes to ELAP to better assist producers who face severe drought conditions. FSA, which administers ELAP on behalf of CCC, is making discretionary changes to the ELAP regulations in 7 CFR part 1416, subpart B; specifically, in §§ 1416.103, 1416.106, and 1416.110 to assist producers with the cost of transporting feed to livestock intended for grazing and the cost of transporting livestock to feed, when the livestock are intended for grazing. Livestock producers in areas suffering from eligible adverse weather, an eligible loss condition, or eligible drought, who often produce feed on the farm, may find it hard to acquire forage locally. As a result, those producers may be forced to transport feed from unaffected areas or to transport livestock to feed in unaffected areas, which results in additional hauling costs. To be eligible for ELAP assistance for feed or livestock transportation costs, producers must have incurred costs for additional mileage above normal on or after January 1, 2021, for transporting feed to livestock or livestock to feed. ELAP assistance for the transportation of livestock is only available for the transportation of livestock to feed or feed to livestock, not the return of the animals to their originating location or unloaded truck miles following the delivery of feed. Payments will be calculated by multiplying a national payment rate, as determined in § 1416.109 of the existing ELAP regulations, by the national average price per mile to transport a truckload of eligible livestock or livestock feed, multiplied by the actual number of additional miles the feed or livestock was transported by the producer in excess of 25 miles per truckload of livestock or livestock feed and for no more than 1,000 miles per truckload of livestock or feed during the program year. The payment calculation is based on a national average price per mile, determined by the Deputy Administrator of Farm Programs for FSA (Deputy Administrator) using a national cost formula developed by FSA. The national average price per mile for each program year will be based on an annual update to the national cost formula which considers the cost of hauling feed or animals above normal mileage, not to include the first 25 miles. The national average price per mile considers the average cost for hauling a truckload of forage or livestock from sources 200 miles away. This national average price per mile may differ from year to year due to changes in fuel costs, truck availability, and driver availability. The Deputy Administrator may determine a different price per mile for a particular state, if the Deputy Administrator determines that a different price is necessary due to differences in state hauling costs compared to national average costs. The original physical location of the livestock will determine the applicable state for payment purposes. Differences in state hauling costs necessitating a different price for a state are expected to be rare. Payments for losses resulting from costs associated with treating livestock feed transported above normal mileage to prevent the spread of invasive pests will be calculated by multiplying a national payment rate, as determined in § 1416.109 of the existing ELAP regulations, by the producer's actual cost for controlling invasive pests in livestock feed transported above normal. This rule also amends the definition of “eligible drought” for ELAP in § 1416.102 to specify how it applies to losses due to the cost to transport livestock and feed as described above, and to cover situations where any area of a county has been rated by the U.S. Drought Monitor as having either a: • D2 (severe drought) intensity for at least 8 consecutive weeks for the specific type of eligible grazing land or pastureland for the county; or • D3 (extreme drought) or D4 (exceptional drought) intensity for the specific type of eligible grazing land or pastureland for the county, as determined by the Secretary. Previously, a drought rating of D3 was required to qualify as “eligible drought” for water transportation and honey bee feed loss eligibility. This change will expand the availability of drought assistance for water transportation and honey bee feed loss and is consistent with the drought rating that is applicable to LFP as specified in § 1416.205 and Secretarial disaster area designations as specified in § 759.5(a). This rule also removes the restriction in § 1416.103(d)(5) on providing assistance for transportation of water to livestock located on land enrolled in CRP. This rule also makes minor technical corrections to §§ 1416.106(c)(3), 1416.110(a)(4), 1416.110(b). Notice and Comment, Paperwork Reduction Act, Congressional Review Act, and Effective Date The Administrative Procedure Act (APA, 5 U.S.C. 553(a)(2)) provides that the notice and comment and 30-day delay in the effective date provisions do not apply when the rule involves specified actions, including matters relating to benefits or contracts. This rule governs ELAP, which provides benefit payments and therefore falls within that exemption. Further, as specified in 7 U.S.C. 9091, the regulations to implement ELAP 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). 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 (SBREFA). The requirements for the regulatory flexibility analysis in 5 U.S.C. 603 and 604 are specifically tied to the requirement for a proposed rule by section 553 or any other law; in addition, the definition of rule in 5 U.S.C. 601 is tied to the publication of a proposed rule. This is not a major rule under the Congressional Review Act (CRA), as defined by 5 U.S.C. 804(2). Therefore, FSA is not required to delay the effective date for 60 days from the date of publication to allow for Congressional review. Therefore, this rule is effective upon publication in the **Federal Register** . Executive Orders 12866 and 13563 Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. The assessment should include potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The requirements in Executive Orders 12866 and 13563 for the analysis of costs and benefits apply to rules that are determined to be significant. 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 to loans 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 1500-1508), and because USDA will be making the payments to producers, the USDA regulation for compliance with NEPA (7 CFR part 1b). This rule implements discretionary amendments for ELAP. The discretionary aspects are to improve administration of the programs and clarify existing program requirements. FSA is providing the disaster assistance under ELAP to eligible producers. The discretionary provisions would not alter any environmental impacts resulting from implementing the mandatory changes to those programs. Accordingly, these discretionary aspects are coved 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 environments, individually or cumulatively. Therefore, FSA will not prepare an environmental assessment or environmental impact statement for this rule. This rule serves as documentation of the programmatic environmental compliance decision for this federal action. Executive Order 12988 This rule has been reviewed under Executive Order 12988, “Civil Justice Reform.” This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule. Payments for transportation of feed and livestock will be made retroactively starting on January 1, 2021, 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. USDA has assessed the impact of this rule on Indian Tribes and determined that this rule does not, to our knowledge, have Tribal implications that required Tribal consultation under Executive Order 13175 at this time. If a Tribe requests consultation, the USDA Office of Tribal Relations

(OTR)will ensure meaningful consultation is provided where changes, additions, and modifications are not expressly mandated by law. Outside of Tribal consultation, USDA is working with Tribes to provide information about pandemic assistance, agricultural disaster assistance, and other issues. Unfunded Mandates 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 of State, local, and Tribal governments or the private sector. Agencies generally must prepare a written statement, including cost benefits 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 Programs The title and number of the Federal Domestic Assistance Program found in the Catalog of Federal Domestic Assistance to which this rule applies are 10.091—Emergency Assistance for Livestock, Honey Bees, 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 public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (for example, braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA TARGET Center at

(202)720-2600 or

(844)433-2774 (toll-free nationwide). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at *https://www.usda.gov/oascr/how-to-file-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 mail to: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410 or email: *OAC@usda.gov.* USDA is an equal opportunity provider, employer, and lender. List of Subjects in 7 CFR Part 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, this final rule 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 Farm-Raised Fish Program 2. In § 1416.102, revise the definition of “eligible drought” to read as follows. § 1416.102 Definitions. *Eligible drought* means that any area of the county has been rated by the U.S. Drought Monitor as having D2 (severe drought) intensity for at least 8 consecutive weeks for the specific type of eligible grazing land or pastureland for the county, or D3 (extreme drought) or D4 (exceptional drought) intensity for the specific type of eligible grazing land or pastureland for the county, as determined by the Secretary:

(1)At any time during the program year, for additional honey bee feed loss;

(2)That directly impacts water availability at any time during the normal grazing period (for example, snow pack that feeds streams and springs), as determined by the Deputy Administrator or designee, for losses resulting from transporting water to livestock; or

(3)At any time during the normal grazing period, for losses resulting from the additional cost incurred to transport livestock feed or eligible livestock to feed, for additional mileage above normal. 3. In § 1416.103, revise paragraph (d)(5) introductory text and add paragraph (d)(6) to read as follows. § 1416.103 Eligible losses, adverse weather, and other loss conditions.

(d)* * *

(5)A loss resulting from the additional cost of transporting water to eligible livestock as specified in § 1416.104(a) due to eligible adverse weather, eligible loss condition, or eligible drought, as determined by the Deputy Administrator, including, but not limited to, costs associated with water transport equipment rental fees, labor, and contracted water transportation fees. The cost of the water is not eligible for payment. To be eligible for additional cost of transporting water to eligible livestock, the livestock must be livestock that would normally have been grazing on eligible grazing lands that meet all of the following:

(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, 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. 4. In § 1416.104, revise paragraph

(a)introductory text, paragraph

(b)introductory text, and paragraph

(c)introductory text to read as follows. § 1416.104 Eligible livestock, honeybees, and farm-raised fish.

(a)To be considered eligible livestock for livestock grazing and feed; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever; livestock must meet all the following conditions:

(b)The eligible livestock types for grazing and feed losses; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever are:

(c)Ineligible livestock for grazing and feed losses and losses resulting from transporting water, feed, and livestock include, but are not limited to: 5. In § 1416.105, revise paragraph

(a)introductory text to read as follows. § 1416.105 Eligible producers, owners, and contract growers.

(a)To be considered an eligible livestock producer and receive payments for feed losses; losses resulting from transporting water, feed, or livestock; and gathering livestock to treat for cattle tick fever; the participant must have: 6. In § 1416.106: a. Revise paragraph (a)(2)(i); b. In paragraph (c)(3), remove the words “A loss resulting from the additional cost incurred for” and add the words “Additional cost of” in their place; and c. Add paragraph (c)(5). The revision and addition read as follows. § 1416.106 Notice of loss and application process.

(a)* * *

(2)* * *

(i)For livestock feed and grazing losses; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever; a completed Emergency Loss Assistance for Livestock Application;

(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. Records must clearly indicate the dates on which livestock or feed was transported and the total mileage transported. 7. In § 1416.110: a. In paragraph (a)(4), remove the semicolon at the end of the paragraph and add a period in its place; b. In paragraph

(b)introductory text, remove the word “more” and add “more than” in its place, and remove the word “calculated” and add “will be calculated” in its place; c. Redesignate paragraph

(n)as paragraph (q); and d. Add new paragraph

(n)and paragraphs

(o)and (p). The additions read as follows. § 1416.110 Livestock payment calculations.

(n)Payments for losses resulting from the additional cost of transporting eligible livestock to feed or livestock feed to eligible livestock, for additional mileage above normal, in excess of 25 miles per truckload and for no more than 1,000 miles per truckload of livestock or livestock feed during the program year, as specified in § 1416.103(d)(6) will be calculated based on a national payment rate, as determined in § 1416.109, multiplied by:

(1)The national average price per mile to transport a truckload of livestock or livestock feed; and

(2)The actual number of additional miles above normal to transport livestock or livestock feed by an eligible producer, in excess of 25 miles per truckload of livestock or feed and for no more than 1,000 miles per truckload of livestock or feed during the program year.

(o)The national average price per mile to transport a truckload of livestock or feed to be used in the calculation for paragraph (n)(1) of this section is determined by the Deputy Administrator for each program year using a national cost formula developed by FSA based on the cost of hauling feed or livestock above normal mileage, not to include the first 25 miles. The national average price per mile considers the average cost for hauling a truckload of forage or livestock from sources 200 miles away. The Deputy Administrator may determine a different price per mile for a particular state, if the Deputy Administrator determines that a different price is necessary due to differences in state hauling costs compared to national average costs. The original physical location of the livestock will determine the applicable state for payment purposes.

(p)Payments for losses resulting from costs associated with treating livestock feed transported above normal to prevent the spread of invasive pests, as specified in § 1416.103(d)(6), will be calculated based on a national payment rate, as determined in § 1416.109, multiplied by the producer's actual cost for controlling invasive pests in livestock feed transported above normal. Robert Ibarra, Executive Vice President, Commodity Credit Corporation. Marcus Graham, Acting Administrator, Farm Service Agency. [FR Doc. 2022-07209 Filed 4-5-22; 8:45 am]

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