[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Proposed Rules]
[Pages 31062-31065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11155]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 85, No. 100 / Friday, May 22, 2020 / Proposed 
Rules  

[[Page 31062]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 9

[Docket ID: FSA-2020-0004]


Notice of Funding Availability; Coronavirus Food Assistance 
Program (CFAP) Additional Commodities Request for Information

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of funding availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coronavirus Food Assistance Program (CFAP) helps 
agricultural producers impacted by the effects of the COVID-19 
outbreak. As provided in the CFAP regulation, this document requests 
input to help USDA identify information about additional commodities 
that are not already identified with payment rates in the CFAP 
regulation for inclusion in CFAP.

DATES: We will consider comments that we receive on additional 
commodities by June 22, 2020.
    We will consider comments that we receive on the Paperwork 
Reduction Act by July 21, 2020.

FOR FURTHER INFORMATION CONTACT:  William L. Beam, telephone (202) 720-
3175; email [email protected]. Persons with disabilities or who 
require alternative means for communication (Braille, large print, 
audio tape, etc.) should contact the USDA Target Center at (202) 720-
2600 (voice and TDD).

ADDRESSES: We invite you to submit comments to provide information 
about additional commodities and comment on the information collection 
specified in this document. In your comment, specify [Docket ID: FSA-
2020-0004], and include the volume, date, and page number of this issue 
of the Federal Register. You may submit comments by either of the 
following methods:
     Federal Rulemaking Portal: Go to http://www.regulations.gov and search for Docket ID FSA-2020-0004. Follow the 
instructions for submitting comments.
     Mail: Director, SND, FSA, U.S. Department of Agriculture, 
1400 Independence Avenue SW, Stop 0522, Washington, DC 20250-0522.
    Comments will be available for viewing online at http://www.regulations.gov. In addition, comments will be available for public 
inspection at the above address during business hours from 8 a.m. to 5 
p.m., Monday through Friday, except holidays.

SUPPLEMENTARY INFORMATION: The Coronavirus Aid, Relief, and Economic 
Security Act (CARES Act; Pub. L. 116-136) provides $9,500,000,000 to 
the Secretary of Agriculture to provide assistance to agricultural 
producers impacted by the effects of the COVID-19 outbreak. In 
accordance with 15 U.S.C. 714b, the Secretary of Agriculture is also 
using funds of the Commodity Credit Corporation (CCC) to assist 
producers with the purchase of materials and facilities required in 
connection with the production and marketing of agricultural 
commodities, and the removal of surplus commodities from normal 
marketing channels that may be currently unavailable. At this time, the 
amount of CCC funds available for these purposes is limited to $6.5 
billion. USDA implemented CFAP for certain commodities in the 
regulation in 7 CFR part 9.
    For the purpose of potentially supplementing the commodities listed 
in the CFAP regulation, this document requests information on 
agricultural commodities not already included in CFAP, which may be 
negatively impacted by the COVID-19 pandemic, and for which sufficient 
information is not currently available to USDA to include them in CFAP. 
If sufficient information is received and a decision is made to add 
commodities to the program, USDA will issue another NOFA listing the 
additional commodities, the respective payment rates, application 
dates, and any other unique information that producers will need to 
know for those commodities and the availability of CFAP payments.

CFAP Background

    Generally, in order to be eligible for a CFAP payment, a producer 
must have suffered a 5-percent-or-greater price loss over a specified 
time resulting from the COVID-19 outbreak or face additional 
significant marketing costs for inventories--whether caused by lower 
prices given significant declines in certain types of demand, surplus 
production, or by disruptions to shipping patterns and the orderly 
marketing of commodities. In addition, due to the COVID-19 outbreak, 
many farmers markets, restaurants, and schools have temporarily or 
permanently closed, thus causing significantly decreased demand for 
commodities grown by producers that are ordinarily supplied to these 
places.
    The following commodities are included in CFAP as specified in the 
CFAP regulation in 7 CFR part 9.

----------------------------------------------------------------------------------------------------------------
         Non-specialty crops               Specialty crops             Livestock                  Other
----------------------------------------------------------------------------------------------------------------
Barley (malting).....................  Almonds................  Slaughter cattle--       Dairy.
                                                                 mature cattle.
Canola...............................  Apples.................  Slaughter cattle--fed    Wool.
                                                                 cattle.
Corn.................................  Artichokes.............  Feeder cattle less than  .......................
                                                                 600 pounds.
Durum wheat..........................  Asparagus..............  Feeder cattle 600        .......................
                                                                 pounds or more.
Hard red spring wheat................  Avocados...............  All other cattle.        .......................
Millet...............................  Beans..................  Pigs.                    .......................
Oats.................................  Blueberries............  Hogs.                    .......................
Sorghum..............................  Broccoli...............  Lambs and yearlings.     .......................
Soybeans.............................  Cabbage.                                          .......................
Sunflowers...........................  Cantaloupe.                                       .......................
Upland cotton........................  Carrots.                                          .......................

[[Page 31063]]

 
                                       Cauliflower.                                      .......................
                                       Celery.                                           .......................
                                       Corn, sweet.                                      .......................
                                       Cucumbers.                                        .......................
                                       Eggplant.                                         .......................
                                       Garlic.                                           .......................
                                       Grapefruit.                                       .......................
                                       Kiwifruit.                                        .......................
                                       Lemons.                                           .......................
                                       Lettuce, iceberg.                                 .......................
                                       Lettuce, romaine.                                 .......................
                                       Mushrooms.                                        .......................
                                       Onions, dry.                                      .......................
                                       Onions green.                                     .......................
                                       Oranges.                                          .......................
                                       Papaya.                                           .......................
                                       Peaches.                                          .......................
                                       Pears.                                            .......................
                                       Pecans.                                           .......................
                                       Peppers, bell type.                               .......................
                                       Peppers, other.                                   .......................
                                       Potatoes.                                         .......................
                                       Raspberries.                                      .......................
                                       Rhubarb.                                          .......................
                                       Spinach.                                          .......................
                                       Squash.                                           .......................
                                       Strawberries.                                     .......................
                                       Sweet potatoes.                                   .......................
                                       Tangerines.                                       .......................
                                       Taro.                                             .......................
                                       Tomatoes.                                         .......................
                                       Walnuts.                                          .......................
                                       Watermelons.                                      .......................
----------------------------------------------------------------------------------------------------------------

    Agricultural commodities that are not listed in the table above and 
have widely published price data, such as those whose prices are 
collected by USDA and commodities traded on the futures markets, have 
been determined as having a minimal price impact due to COVID-19 and 
are not included in CFAP.
    Information regarding producer eligibility, the application 
process, and calculation of payments is specified in the regulation in 
7 CFR part 9. Agricultural commodities included in the regulation were 
determined by USDA to have incurred a price decline of at least 5 
percent between the weeks of January 13-17, 2020, and April 6-9, 2020, 
for non-specialty crops, and April 6-10, 2020, for all other 
agricultural commodities.

Potential Additional Commodities for CFAP

    One purpose of this document is to request information from the 
public to assist USDA in determining whether additional agricultural 
commodities not listed above should be eligible for CFAP. It is not to 
collect information on commodities already included in CFAP, 
commodities already excluded from CFAP, or information on non-
agricultural products.
    USDA requests information about agricultural commodities that the 
public believes to have suffered a 5-percent-or-greater price loss 
between the weeks of January 13-17, 2020, and April 6-10, 2020, for 
specialty crops, and April 6-10, 2020, for all other agricultural 
commodities. In providing input, please consider the following 
questions; these questions are not intended to limit the type or amount 
of information provided. The most helpful and informative information 
for consideration by USDA is information that describes how the decline 
in price was determined and documentation of the sources used to make 
this determination.
    (1) What commodities not listed above have suffered a 5-percent-or-
greater price loss between January and April 2020 and face additional 
marketing costs due to COVID-19?
    (2) What was the price received per unit of measure sold the week 
of January 13 through January 17, 2020, (or if not available, the 
nearest to this date) and what is the basis for the determination of 
this price?
    (3) What was the price received per unit of measure sold the week 
of April 6 through April 10, 2020, (or if not available, the nearest 
date to this) and what is the basis for the determination of this 
price?
    USDA is particularly interested in the obtaining information with 
respect to the following specific categories of agricultural 
commodities.

Nursery Products

    If you are providing information for a nursery that produces 
multiple products, such as trees, shrubs, or perennial plants, please 
specify your responses to the questions below separately by product:
    (1) For live trees, shrubs, or other plants that you produced, had 
vested ownership in, and had in inventory at some point between January 
15, 2020, and April 15, 2020, what was:
    (a) The average price you received per plant specified by type of 
nursery product sold (for example, roses, boxwoods, junipers) you sold 
the week of January 13 through January 17, 2020, (or if not available, 
nearest date to this);
    (b) The average price you received per plant you sold the week of 
April 6 through April 10, 2020, (or if not available, nearest date to 
this);
    (c) The number of plants you sold between January 15, 2020, and 
April 15, 2020.
    (2) The number and the contracted price of plants you produced that 
left your nursery by April 15, 2020, and subsequently died or withered 
due to no market, and for which you did not have

[[Page 31064]]

Federal crop insurance or obtain Noninsured Crop Disaster Assistance 
Program (NAP) to cover the loss.
    (3) The inventory of plants ready for sale that did not leave the 
nursery by April 15, 2020, and that will not be sold due to lack of 
markets.

Aquaculture Products

    The CFAP regulation provided that certain aquaculture producers 
would be eligible for participation in CFAP. The determination of 
eligible producers was made based upon consultation with the Department 
of Commerce, as that agency is also establishing a program to assist 
certain aquaculture producers. For CFAP, an eligible aquaculture 
producer is one who has a privately-owned aquaculture business that 
propagates freshwater and saltwater products in controlled environments 
(including raceways, ponds, tanks, and recirculating systems). Farmed 
shrimp and salmonids (trout and salmon) will be included in CFAP to the 
extent USDA determines individual types of these products have incurred 
a requisite decline in price.
    Accordingly, through this document, USDA requests information from 
aquaculture producers to make the determination of a price decline. If 
the farm produces multiple aquaculture products, please specify your 
responses to the questions below separately by product.
    (1) For live aquaculture that you produced, had vested ownership 
in, and had in inventory at some point between January 15, 2020, and 
April 15, 2020, what was:
    (a) The average price you received per product the week of January 
13 through January 17, 2020, (or if not available, nearest date to 
this);
    (b) The average price you received per aquaculture product you sold 
the week of April 6 through April 10, 2020, (or if not available, 
nearest date to this);
    (c) The number of aquaculture products you sold between January 15, 
2020, and April 15, 2020.
    (2) The number and the contracted price of aquaculture products you 
produced that left your farm by April 15, 2020, and subsequently 
spoiled due to no market, and for which you did not have Federal crop 
insurance or obtained NAP to cover the loss.
    (3) The inventory of aquaculture products as April 15, 2020, that 
will not be sold due to lack of markets.

Paperwork Reduction Act Requirements

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), FSA is requesting comments from interested individuals and 
organizations on the information collection activities related to CFAP. 
FSA received emergency approval from OMB for 6 months, and FSA will 
request 3-years approval for CFAP information collection activities.
    Title: Coronavirus Food Assistance Program (CFAP).
    OMB Control Number: 0560-0295.
    Type of Request: New Collection.
    Abstract: This information collection is required to support all 
CFAP information collection activities (applicable NOFAs and the 
regulation in 7 CFR part 9) to provide payments to eligible producers 
who, with respect to their agricultural commodities, have been impacted 
by the effects of the COVID-19 outbreak. The information collection is 
necessary to evaluate the application and other required paperwork for 
determining the producer's eligibility and assist in the producer's 
payment calculations. FSA will start accepting CFAP applications later 
this month. If a producer who applies must submit additional 
documentation for eligibility, such as certifications of compliance 
with adjusted gross income provisions and conservation compliance 
activities, those additional documents and forms must be submitted no 
later than 60 days from the date the producer signs the application.
    For the following estimated total annual burden on respondents, the 
formula used to calculate the total burden hour is the estimated 
average time per response multiplied by the estimated total annual 
responses.
    Type of Respondents: Producers or farmers.
    Estimated Annual Number of Respondents: 1,630,000.
    Estimated Number of Responses per Respondent: 2.6822.
    Estimated Total Annual Responses: 4,372,000.
    Estimated Average Time per Response: 0.79309 hours.
    Estimated Total Annual Burden on Respondents: 3,467,400 hours.
    FSA is requesting comments on all aspects of this information 
collection to help us to:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of FSA, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of FSA's estimate of burden, including 
the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on 
respondents, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All comments received in response to this document, including names 
and addresses when provided, will be a matter of public record. 
Comments will be summarized and included in the submission for Office 
of Management and Budget approval.

Environmental Review

    The environmental impacts of CFAP have been considered in a manner 
consistent with the provisions of the National Environmental Policy Act 
(NEPA), 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 regulations for compliance with NEPA (7 CFR part 
1b).
    Although OMB has designated the CFAP rule as ``economically 
significant'' under Executive Order 12866, ``. . . economic or social 
effects are not intended by themselves to require preparation of an 
environmental impact statement'' when not interrelated to natural or 
physical environmental effects (see 40 CFR 1508.14). CFAP was designed 
to avoid skewing planting decisions. Producers continue to make their 
planting and production decisions with market signals in mind, rather 
than any expectation of what a new USDA program might look like. The 
discretionary aspects of CFAP (for example, determining Adjusted Gross 
Income and payment limitations) were designed to be consistent with 
established USDA and CCC programs and are not expected to have any 
impact on the human environment, as CFAP payments will only be made 
after the commodity has been produced. Accordingly, the following 
Categorical Exclusion in 7 CFR part 1b applies: 1b.3(2), which applies 
to activities that deal solely with the funding of programs, such as 
program budget proposals, disbursements, and the transfer or 
reprogramming of funds. As such, the implementation of and 
participation in CFAP do not constitute major Federal actions that 
would significantly affect the quality of the human environment, 
individually or cumulatively. Therefore, an environmental assessment or 
environmental impact statement for CFAP will not be prepared; this 
document serves as documentation of the programmatic environmental

[[Page 31065]]

compliance decision for this federal action.

Federal Assistance Programs

    The title and number of the Federal assistance programs, as found 
in the Catalog of Federal Domestic Assistance, to which this NOFA 
applies is CFAP and 10.130.

Stephen L. Censky,
Vice Chairman, Commodity Credit Corporation, and Deputy Secretary, U.S. 
Department of Agriculture.
[FR Doc. 2020-11155 Filed 5-20-20; 4:15 pm]
 BILLING CODE 3410-05-P