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USDA/FSA RIN: 0560-AI59 Publication ID: Fall 2021 
Title: Supplemental Dairy Margin Coverage Payments; Conservation Reserve Program; Dairy Indemnity Payment Program; Marketing Assistance Loans; Loan Deficiency Payments; Oriental Fruit Fly Program; and FSFL 

This rule will amend the regulations for Dairy Margin Coverage (DMC) to allow supplemental dairy margin coverage payments to participating eligible dairy operations as authorized in the Consolidated Appropriations Act, 2021.  DMC provides dairy producers with risk management coverage that pays producers when the difference between the price of milk and the cost of feed (the margin) falls below a certain level.  Eligible dairy operations with less than 5 million pounds of established production history may enroll supplemental pounds based upon a formula using 2019 actual milk marketing.  Supplemental DMC coverage is applicable to calendar years 2021, 2022, and 2023.  Participating dairy operations with supplemental production may receive supplemental payments in addition to payments based on their established production history.  In addition, the rule will amend the alfalfa hay calculation used in determining the average feed cost and actual dairy production margin.

This rule also will amend the Conservation Reserve Program (CRP) regulations to remove two discretionary requirements.

The rule will amend the Dairy Indemnity Program Regulation (DIPP).

In addition, the rule will update the Marketing Assistance Loans (MAL) and Loan Deficiency Payments (LDP) regulations to be consistent with provisions of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill).

The rule will also implement assistance as authorized by Public Law 116-6 (The Consolidated Appropriations Act of 2019) which appropriated $9 million to the Farm Service Agency (FSA) for the purpose of making payments to producers impacted by an Oriental Fruit Fly (Bactrocera dorsalis) Quarantine as referenced in House Report 115-232.  The legislation specified funds will remain available until expended. This program will be referred to as the Oriental Fruit Fly Program (OFF).

Agency: Department of Agriculture(USDA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 7 CFR 1430    7 CFR 1405    7 CFR 1435    7 CFR 756   
Legal Authority: Pub. L. 116-260    Pub. L. 115-334    Pub. L. 116-6, sec. 778, 133 STAT. 91   
Legal Deadline:  None
Action Date FR Cite
Final Rule  11/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Deirdre Holder
Branch Chief, Regulatory Analysis and PRA Requirements Branch
Department of Agriculture
Farm Production and Conservation Business Center, 1400 Independence Avenue SW,
Washington, DC 20250-0572
Phone:202 205-5851