[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Rules and Regulations]
[Pages 49593-49594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17780]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 9

[Docket ID: FSA-2020-0004]
RIN 0503-AA65


Coronavirus Food Assistance Program; Correction

AGENCY: Office of the Secretary, Agriculture (USDA).

ACTION: Correcting amendments.

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SUMMARY: The Secretary of Agriculture implemented the Coronavirus Food 
Assistance Program (CFAP), which provides assistance to agricultural 
producers impacted by the effects of the COVID-19 outbreak, through a 
final rule published in the Federal Register on May 21, 2020. We were 
able to reevaluate the payment rates for certain specialty crops based 
on data that was available from industry in response to the CFAP notice 
of funding availability, which was published in the Federal Register on 
May 22, 2020. This document corrects payment rates and categories for 
those specialty crops that were published in the final rule. It also 
clarifies eligibility of aquaculture commodities and extends the CFAP

[[Page 49594]]

application deadline for all applicants until September 11, 2020.

DATES: Effective Date: August 14, 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 rule corrects the CFAP regulations in 7 
CFR part 9, which were implemented in the final rule that was published 
in the Federal Register on May 21, 2020 (85 FR 30825-30835). This is 
the third set of corrections. The first set of corrections was 
published in the Federal Register on June 12, 2020 (85 FR 35799-35800), 
and the second set of corrections was published in the Federal Register 
on July 10, 2020 (85 FR 41328-41330). This document augments those 
corrections.
    In response to the notice of funding availability published in the 
Federal Register on May 22, 2020 (85 FR 31062-31065), a few commenters 
requested that USDA review data supporting price decreases for certain 
commodities, including several that were specified in the CFAP 
regulation.
    Accordingly, USDA is correcting 7 CFR 9.5 to make onions, green; 
walnuts; and watermelons eligible for payment under 7 CFR 9.5(b)(1), 
and adding CARES Act payment rates for sales losses for those crops to 
Table 1 to Sec.  9.5(h). We are also correcting the other rates for 
those crops based on our review of additional data. Additional eligible 
crops and changes to eligibility for crops previously announced in a 
notification published in the Federal Register on July 10, 2020 (85 FR 
41321-41323) will be announced in a separate notification.
    The addition in the payment rates and the resulting changes in the 
eligibility for specific types of payments per commodity will not 
change CFAP costs.
    This rule also clarifies provisions regarding eligibility of 
aquaculture businesses in 7 CFR 9.5(j)(2). USDA understands that 
producers of molluscan shellfish and marine algae have suffered losses 
and we have carefully considered the other assistance that is being 
provided by the Federal Government. The Secretary of Commerce is 
providing assistance for these commodities with funding provided by 
section 12005 of the Coronavirus Aid, Relief, and Economic Security Act 
(CARES Act, Pub. L. 116-136). To avoid providing duplicate payments for 
the same losses, USDA has determined that CFAP will not cover those 
commodities. Aquaculture commodities that will be covered by CFAP will 
be announced in a separate notification.
    In addition, 7 CFR 9.5(j)(2) is being clarified that eligibility is 
based on the USDA determination that the aquaculture products incurred 
``qualifying losses between January 15, 2020, and April 15, 2020.'' 
Specifically, ``qualifying losses'' replaces ``a decline in prices of 5 
percent or more.''

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.


Sec.  9.4   [Amended]

0
2. In Sec.  9.4, amend paragraph (a) by removing ``August 28, 2020'' 
and adding ``September 11, 2020'' in its place.

0
3. Amend Sec.  9.5 as follows:
0
a. In Table 1 to paragraph (h):
0
i. Remove the entry for ``Onions green'';
0
ii. Add the entry for ``Onions, green'' in alphabetical order; and
0
iii. Revise the entries for ``Walnuts'' and ``Watermelons''; and
0
b. Revise paragraph (j)(2).
    The addition and revisions read as follows:


Sec.  9.5   Calculation of payments.

* * * * *
    (h) * * *

                           Table 1 to Paragraph (h)--Payment Rates for Specialty Crops
                             [Including, but not limited to, the listed commodities]
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                                                                 CARES Act payment rate
                                                                 for product that left
                                        CARES Act payment rate  the farm but spoiled or
              Commodity                for sales losses ($/lb)   is unpaid due to loss   CCC payment rate ($/lb)
                                                                of marketing channel ($/
                                                                          lb)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Onions, green........................                    $0.51                    $0.70                    $0.14
 
                                                  * * * * * * *
Walnuts..............................                     0.26                     0.34                     0.07
Watermelons..........................                     0.04                     0.06                     0.01
----------------------------------------------------------------------------------------------------------------

* * * * *
    (j) * * *
    (2) Producers that are privately owned aquaculture businesses 
growing freshwater and saltwater products in controlled environments, 
including raceways, ponds, tanks, and recirculating systems, extending 
to all farmed shrimp and salmonids (trout and salmon) are included in 
CFAP to the extent USDA determines individual types of the products 
have incurred qualifying losses between January 15, 2020, and April 15, 
2020. The determination of which species are included will be specified 
in the NOFA referenced in paragraph (j)(1) of this section. CFAP does 
not provide assistance for molluscan shellfish and marine algae.
* * * * *


Sec.  9.7   [Amended]

0
4. In Sec.  9.7, amend paragraph (h) by removing ``August 28, 2020'' 
and adding ``September 11, 2020'' in its place.

Stephen L. Censky,
Vice Chairman, Commodity Credit Corporation, and Deputy Secretary, U.S. 
Department of Agriculture.
[FR Doc. 2020-17780 Filed 8-11-20; 11:15 am]
BILLING CODE 3410-05-P