[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Rules and Regulations]
[Pages 35799-35800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12528]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Rules 
and Regulations  

[[Page 35799]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 9

[Docket ID: FSA-2020-0004]
RIN 0530-AA65


Coronavirus Food Assistance Program; Correction

AGENCY: Office of the Secretary, USDA.

ACTION: Correcting amendments.

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

SUMMARY: The Secretary of Agriculture is correcting a final rule that 
appeared in the Federal Register on May 21, 2020. The document was 
issued to implement the Coronavirus Food Assistance Program (CFAP) that 
provides assistance to agricultural producers impacted by the effects 
of the COVID-19 outbreak. There is one typo in the table of payment 
rates for the commodity of carrots that needs to be corrected. 
Additional corrections are being made to add clarity to the rule.

DATES: Effective Date: June 12, 2020.

FOR FURTHER INFORMATION CONTACT: William L. Beam; telephone: (202) 720-
3175; email: [email protected]. Persons with disabilities who require 
alternative means for communication should contact the USDA Target 
Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: This document corrects the final rule that 
was published in the Federal Register on May 21, 2020 (85 FR 30825-
30835). This document clarifies the definition of ``Slaughter Cattle--
fed cattle'' to specify that the term refers to cattle with a weight of 
1,200 pounds or more that are intended for slaughter.
    This document clarifies specialty crop eligibility in Sec.  9.5(b), 
and specifies that specialty crops that were harvested and shipped but 
that were subsequently spoiled or unpaid due to loss of marketing 
channels between January 15, 2020, and April 15, 2020, are eligible for 
payment under Sec.  9.5(b)(2). It corrects Sec.  9.5(b)(3) to specify 
that it includes donated crops and to remove the term ``unpriced,'' 
which does not apply to payments for specialty crops that did not leave 
the farm or were donated, or mature crops that remained unharvested 
between January 15, 2020, and April 15, 2020, due to loss of marketing 
channels. This document clarifies payment calculations for livestock 
under Sec.  9.5(c)(1), (d)(1), and (f)(1) to specify that they are 
based on unpriced livestock sales, and it clarifies Sec.  9.5(c)(2), 
(d)(2), and (f)(2) to specify that they apply to livestock inventory 
owned between April 16, 2020, and May 14, 2020. This document removes 
the definition of ``unpriced inventory'' and adds a similar definition 
of ``unpriced'' to be consistent with the use of the term throughout 
the regulation; the new definition also specifies that ``unpriced'' is 
based on whether a forward contract, agreement, or similar binding 
document was in place as of January 15, 2020.
    The final rule did not address eligibility of dairy operations that 
went out of business prior to the second quarter or during second 
quarter production. This correction specifies that dairy operations 
that dissolved on or before March 31, 2020, are eligible for payment 
under Sec.  9.5(e)(1) using the CARES Act payment rate, and dairy 
operations that dissolve or have dissolved after March 31, 2020, are 
eligible for a prorated payment for the number of days the dairy 
operation commercially markets milk in the second quarter under Sec.  
9.5(e)(2) using the CCC payment rate. This clarification will not 
increase CFAP costs.
    This document also corrects the CARES Act payment rate for sales 
losses for carrots, and table headings.

List of Subjects in 7 CFR Part 9

    Agricultural commodities, Agriculture, Disaster assistance, 
Indemnity payments.

    Accordingly, 7 CFR part 9 is corrected by making the following 
correcting amendments:

PART 9--CORONAVIRUS FOOD ASSISTANCE PROGRAM

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  15 U.S.C. 714b and 714c; and Division B, Title I, 
Pub. L. 116-136.


0
2. Amend Sec.  9.2 as follows:
0
a. Add the definition of ``Second quarter'' in alphabetical order;
0
b. Revise the definition of ``Slaughter cattle--fed cattle''; and
0
c. Add the definition ``Unpriced'' in alphabetical order;
0
d. Remove the definition of ``Unpriced inventory''.
    The additions and revision read as follows:


Sec.  9.2   Definitions.

* * * * *
    Second quarter means April, May, and June of 2020.
    Slaughter Cattle--fed cattle means cattle with a weight of 1,200 
pounds or more that are intended for slaughter.
* * * * *
    Unpriced means not subject to an agreed-upon price in the future 
through a forward contract, agreement, or similar binding document as 
of January 15, 2020.
* * * * *

0
3. Amend Sec.  9.5 as follows:
0
a. Revise paragraph (b) introductory text;
0
b. Revise paragraph (b)(2);
0
c. Revise paragraph (b)(3);
0
d. In paragraph (c)(1), remove the word ``Cattle'' and add the words 
``Unpriced cattle'' in its place;
0
e. In paragraph (c)(2), remove the words ``Unpriced cattle inventory'' 
and add the words ``Cattle inventory owned'' in their place;
0
f. In paragraph (d)(1), remove the word ``Hogs'' and add the words 
``Unpriced hogs'' in its place;
0
g. In paragraph (d)(2), remove the words ``Unpriced hog and pig 
inventory'' and add the words ``Hog and pig inventory owned'' in their 
place;
0
h. Add paragraph (e)(3);
0
i. In paragraph (f)(1), remove the word ``Lambs'' and add the words 
``Unpriced lambs'' in its place;
0
j. In paragraph (f)(2), remove the words ``Unpriced lambs and yearlings 
in inventory'' and add the words ``Lambs and yearlings in inventory 
owned'' in their place;
0
k. In Table 1 to paragraph (h), revise the table heading, revise the 
heading for column 3, and revise the entry for ``carrots''; and
0
l. In Table 2 to paragraph (h), revise the table heading.
    The addition and revisions read as follows:

[[Page 35800]]

Sec.  9.5   Calculation of payments.

* * * * *
    (b) CFAP covers losses for specialty crops that experienced 
immediate losses, a price decline, spoiled, were unpaid, or were 
unharvested due to market conditions between January 15, 2020, and 
April 15, 2020. Specialty crops in inventory or in storage facilities 
that may be sold after April 15, 2020, are not eligible. Specialty 
crops that were under an agreed upon set price before January 15, 2020, 
and were or will be paid at that price or higher, do not qualify for 
assistance under paragraph (b)(1) of this section, but may qualify 
under paragraphs (b)(2) or (b)(3) of this section. Payments for 
eligible specialty crops will be the sum of:
* * * * *
    (2) For specialty crops harvested and shipped but that were 
subsequently spoiled or unpaid due to loss of marketing channels 
between January 15, 2020, and April 15, 2020, the harvested and shipped 
quantity that spoiled or is unpaid multiplied by the payment rate in 
column 3 of Table 1 in paragraph (h) of this section; and
    (3) For specialty crops that did not leave the farm, were donated, 
or were mature crops that remained unharvested between January 15, 
2020, and April 15, 2020, due to loss of marketing channel, the sum of 
the quantity of crops that did not leave the farm or were donated, or 
the quantity of mature crops that remained unharvested, multiplied by 
the payment rate in column 4 of Table 1 in paragraph (h) of this 
section.
* * * * *
    (e) * * *
    (3) Dairy operations that dissolved on or before March 31, 2020, 
are eligible for payment under paragraph (e)(1) of this section. Dairy 
operations that dissolve or have dissolved after March 31, 2020, are 
eligible for a prorated payment under paragraph (e)(2) of this section 
for the number of days the dairy operation commercially markets milk in 
the second quarter.
* * * * *
    (h) * * *

                           Table 1 to Paragraph (h)--Payment Rates for Specialty Crops
----------------------------------------------------------------------------------------------------------------
                                                                CARES Act payment  rate
                                                                 for product that  left
                                       CARES Act  payment rate   the farm but  spoiled    CCC payment rate  ($/
              Commodity                  for sales losses  ($/    or is unpaid  due to             lb)
                                                 lb)               loss of  marketing
                                                                    channel  ($/lb)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Carrots..............................                     0.02                     0.11                     0.02
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

 Table 2 to Paragraph (h)--Payment Rates for Non-Specialty Crops, Dairy,
                           Livestock, and Wool
 
 

* * * * *

Stephen L. Censky,
Vice Chairman, Commodity Credit Corporation, and Deputy Secretary, U.S. 
Department of Agriculture.
[FR Doc. 2020-12528 Filed 6-10-20; 4:15 pm]
 BILLING CODE 3410-05-P