[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Rules and Regulations]
[Pages 59174-59175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20802]


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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, 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. This 
correction clarifies the eligibility of barley and livestock.

DATES: Effective September 21, 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 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 fourth set of corrections. The first set of corrections was 
published in the Federal Register on June 12, 2020 (85 FR 35799-35800), 
the second set of corrections was published in the Federal Register on 
July 10, 2020 (85 FR 41328-41330), and the third set of corrections was 
published in the Federal Register on August 14, 2020 (85 FR 49593-
49594). This document augments those corrections.
    This document corrects 7 CFR 9.1(a) to clarify the meaning of 
``produced in the United States'' as it relates to imported livestock. 
CFAP payments to livestock producers are based on the sum of two 
calculations. The first calculation is intended to compensate producers 
for losses due to price declines that occurred between mid-January 2020 
and mid-April 2020, and is based on livestock sold between January 15, 
2020, and April 15, 2020. The second calculation is intended to address 
on-going market disruptions and assist with the transition to a more 
orderly marketing system. It is based on the producer's highest 
livestock inventory owned on a date between April 16, 2020, and May 14, 
2020. This document specifies that to be considered ``produced in the 
United States,'' livestock sold between January 15, 2020, and April 15, 
2020, must have been physically located in the United States as of 
January 15, 2020, and must have remained in the United States until 
they were sold. For imported livestock inventory owned between April 
16, 2020, and May 14, 2020, ``produced in the United States'' means 
that the livestock must have been physically located in the United 
States on the applicable date for which the producer is reporting their 
highest owned inventory, because producers have been incurring and 
continue to incur additional marketing costs related to the COVID-19 
pandemic for those livestock.
    This document amends the definition of ``non-specialty crop'' in 
Sec.  9.2 and Table 2 in Sec.  9.5(h) to specify that CFAP eligibility 
for barley is not limited only to malting barley. All barley is 
eligible for CFAP assistance.
    The changes in this document are consistent with the original 
intent of USDA in creating and administering CFAP and are not expected 
to increase expected costs.

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. In Sec.  9.1, revise paragraph (a) to read as follows.


Sec.  9.1  Applicability and administration.

    (a) This part specifies the eligibility requirements and payment 
calculations for the Coronavirus Food Assistance Program (CFAP). CFAP 
will provide payments with respect to commodities that have been 
significantly impacted by the effects of the COVID-19 outbreak. 
Payments will be made with respect to only commodities produced in the 
United States; commodities other than livestock that are imported into 
the United States may not be used to determine any payment made under 
this part. For livestock, ``produced in the United States'' means 
physically located in the United States:
    (1) On January 15, 2020, and remaining in the United States until 
sold for livestock sold between January 15, 2020, and April 15, 2020; 
or

[[Page 59175]]

    (2) On the applicable date selected for livestock in inventory 
between April 16, 2020, and May 14, 2020.
* * * * *


Sec.  9.2  [Amended]

0
3. In Sec.  9.2, in the definition of ``Non-specialty crop'', remove 
the words ``Malting barley'' and add the word ``Barley'' in their 
place.

0
4. In Sec.  9.5, in Table 2 to paragraph (h), remove the entry for 
``Barley (malting)'' and add an entry in alphabetical order for 
``Barley''.
    The addition reads as follows.


Sec.  9.5  Calculation of payments.

* * * * *
    (h) * * *

 Table 2 to Paragraph (h)--Payment Rates for Non-Specialty Crops, Dairy,
                           Livestock, and Wool
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                                             CARES Act
          Commodity               Unit     payment rate     CCC payment
                                             ($/unit)     rate  ($/unit)
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Barley.......................         Bu            0.34            0.37
 
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* * * * *

Stephen L. Censky,
Vice Chairman, Commodity Credit Corporation, and Deputy Secretary, U.S. 
Department of Agriculture.
[FR Doc. 2020-20802 Filed 9-17-20; 8:45 am]
BILLING CODE 3410-05-P