[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41321-41323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14854]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules 
and Regulations  

[[Page 41321]]



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 Eligible Commodities

AGENCY: Office of the Secretary, USDA.

ACTION: Notification of funding availability.

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

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 announces 
additional commodities that have been determined to be eligible for 
CFAP assistance. USDA carefully reviewed the additional information 
provided in the comments to develop the list of additional commodities. 
Additional review is ongoing, which will result in a subsequent 
announcement.

DATES: Effective: July 10, 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 should contact the USDA 
Target Center at (202) 720-2600.

SUPPLEMENTARY INFORMATION: The Coronavirus Food Assistance Program 
(CFAP) helps agricultural producers impacted by the effects of the 
COVID-19 outbreak. The CFAP regulations are in 7 CFR part 9. The CFAP 
regulations provide the general eligibility requirements, the 
application process, and payment calculation information. The CFAP rule 
was published in the Federal Register on May 21, 2020 (85 FR 30825-
30835) and a correction published in the Federal Register on June 12, 
2020 (85 FR 35799-35800).
    This document announces additional agricultural commodities that 
are eligible for CFAP and the payment rates for each commodity. In the 
interest of announcing additional commodities as eligible for CFAP as 
quickly as possible, to ensure that eligible producers can apply for 
and receive their payments as soon as possible, we are issuing more 
than one document in response to the comments. This document includes 
those commodities for which we could make decisions quickly. For other 
commodities, we are reviewing additional information and will provide 
the responses to the comments on those commodities in a subsequent 
announcement. Our goal is also to make the subsequent announcement as 
soon after the publication of this document as possible.
    USDA requested information to evaluate whether additional 
commodities suffered losses that should result in eligibility for CFAP. 
The CFAP notification that requested information from the public for 
additional commodities that suffered losses was published in the 
Federal Register on May 22, 2020 (85 FR 31062-31065) and a correction 
was published on June 12, 2020, (85 FR 30812). USDA specifically 
requested information in order to evaluate whether additional 
commodities suffered losses that should result in eligibility for CFAP. 
Comments were submitted through June 22, 2020, and USDA continues to 
review the information provided in the comments. USDA received a total 
of 1,740 comments. At the time of this document USDA had reviewed about 
half of the comments received. To expedite payment to growers, USDA is 
making recommendations for payment in this document based on this 
subset of comments and further review of market news data. Additional 
commodities, if they meet eligibility criteria, would be added later.
    Comment: Individuals and organizations requested that a number of 
commodities be added to the list of eligible specialty crops. 
Commenters stated that these commodities experienced price decreases as 
much as other commodities originally included in the final rule and 
should be added to the list of eligible commodities to receive 
payments. Other commenters mentioned that certain commodities could 
benefit even when no price decrease was identified because they were 
affected by market chain disruptions. Some comments included sufficient 
data for USDA to make a determination. USDA reviewed Market News data 
and found data for some commodities listed by commenters. Accordingly, 
we are adding the following commodities, based on comments and Market 
News data: Alfalfa Sprouts, Anise, Arugula, Basil, Bean Sprouts, Beets, 
Blackberries, Brussel Sprouts, Celeriac (celery root), Chives, 
Cilantro, Coconuts, Collard Greens, Dandelion Greens, Greens (others 
not listed separately), Guava, Kale Greens, Lettuce Boston, Lettuce 
Green Leaf, Lettuce Lolla Rossa, Lettuce Oak Leaf Green, Lettuce Oak 
Leaf Red, Lettuce Red Leaf, Marjoram, Mint, Mustard, Okra, Oregano, 
Parsnips, Passion Fruit, Peas Green, Pineapples, Pistachios, Radicchio, 
Rosemary, Sage, Savory, Sorrel, Sugarcane (table), Swiss Chard, Thyme, 
Turnip Tops Green.
    Response: We carefully analyzed the Market News data for the 
requested commodities that we evaluated and have determined that these 
additional commodities are eligible for CFAP, as requested by the 
commenters. The table below at the end of this document provides the 
payment rates by commodity.
    Comment: A few commenters stated that USDA had miscalculated price 
decreases for commodities such as blueberries. The commenter ran the 
market news reports and came up with a different conclusion than the 
original data included in the May 21, 2020, final rule. Commenters also 
provided additional industry price information for potatoes and apples 
and requested that potatoes be separated between fresh, fresh russet, 
processed, and seed potatoes.
    Response: While running reports for the new commodities requested, 
USDA found some inconsistencies in data points. USDA is correcting the 
regulation in 7 CFR part 9 in a final rule correction published in the 
Federal Register to eliminate these errors by adding eligibility for 5 
commodities under sales losses. The commodities are: Blueberries, 
garlic, raspberries, tangerines and taro.
    While doing this review USDA also found that two commodities no 
longer qualify for the sales losses category and is deleting their 
availability for this

[[Page 41322]]

category. The two commodities are: peaches and rhubarb. The corrected 
payment rates for these commodities are listed in the rule correction.
    USDA also reviewed commenters information on apples and potatoes, 
including separating potatoes into fresh, processed, and seed. USDA 
agrees with commenters data and is providing corrected payment rates 
for these commodities in the rule correction. USDA is also correcting 
payment rates for apples, artichokes, asparagus, blueberries, 
cantaloupes, cucumbers, garlic, kiwifruit, mushrooms, papaya, peaches, 
potatoes, raspberries, rhubarb, tangerines, and taro in the rule.

                                        Payment Rates for Specialty Crops
                                                 [By commodity]
----------------------------------------------------------------------------------------------------------------
                                                                CARES Act payment  rate
                                                                 for product that left
                                       CARES Act payment  rate    the farm but spoiled    CCC payment rate  ($/
              Commodity                 for sales losses  ($/        due to loss of                lb)
                                                 lb)             marketing channel  ($/
                                                                          lb)
----------------------------------------------------------------------------------------------------------------
Alfalfa Sprouts......................  .......................                    $8.14                    $1.59
Anise................................                    $0.88                     0.81                     0.16
Arugula..............................  .......................                     4.64                     0.91
Basil................................                     0.30                     1.65                     0.32
Bean Sprouts.........................  .......................                     0.26                     0.05
Beets................................  .......................                     0.30                     0.06
Blackberries.........................                     1.72                     2.11                     0.41
Brussels Sprouts.....................                     0.26                     0.34                     0.07
Celeriac (Celery Root)...............  .......................                     0.52                     0.10
Chives...............................  .......................                     1.32                     0.26
Cilantro.............................                     0.19                     0.23                     0.05
Coconuts.............................  .......................                     0.25                     0.05
Collard Greens.......................                     0.04                     0.21                     0.04
Dandelion Greens.....................                     0.06                     0.26                     0.05
Greens (others not listed)...........                     0.08                     0.16                     0.03
Guava................................                     1.52                     1.73                     0.34
Kale Greens..........................  .......................                     0.22                     0.04
Lettuce, Boston......................                     0.09                     0.34                     0.07
Lettuce, Green Leaf..................                     0.44                     0.60                     0.12
Lettuce, Lolla Rossa.................  .......................                     1.69                     0.33
Lettuce, Oak Leaf--Green.............  .......................                     1.69                     0.33
Lettuce, Oak Leaf--Red...............  .......................                     1.69                     0.33
Lettuce, Red Leaf....................                     0.42                     0.60                     0.12
Marjoram.............................                     1.06                     1.42                     0.28
Mint.................................  .......................                     7.47                     1.46
Mustard..............................  .......................                     0.21                     0.04
Okra.................................                     0.31                     0.46                     0.09
Oregano..............................  .......................                     1.22                     0.24
Parsnips.............................                     0.06                     0.40                     0.08
Passion Fruit........................                     0.89                     3.21                     0.63
Peas Green...........................                     0.10                     0.36                     0.07
Pineapples...........................  .......................                     0.23                     0.04
Pistachios...........................  .......................                     0.74                     0.14
Radicchio............................  .......................                     0.72                     0.14
Rosemary.............................  .......................                     2.60                     0.51
Sage.................................                     0.72                     3.06                     0.60
Savory...............................  .......................                     0.62                     0.12
Sorrel...............................  .......................                     2.85                     0.56
Sugarcane, table.....................  .......................                     0.14                     0.03
Swiss Chard..........................  .......................                     0.25                     0.05
Thyme................................  .......................                     2.63                     0.51
Turnip Tops Greens...................  .......................                     0.19                     0.04
----------------------------------------------------------------------------------------------------------------


[[Page 41323]]

    The complete list of all eligible specialty crops and payment rates 
is available at https://www.farmers.gov/cfap/specialty. USDA is still 
evaluating comments and will issue another document with additional 
determinations and payment rates.
    The correction in the payment rates and the resulting changes in 
the eligibility for specific types of payments per commodity will not 
change CFAP costs.

Stephen L. Censky,
Vice Chairman, Commodity Credit Corporation, and Deputy Secretary, U.S. 
Department of Agriculture.
[FR Doc. 2020-14854 Filed 7-9-20; 8:45 am]
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