[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36816-36820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13014]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / 
Notices  

[[Page 36816]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency

[Docket ID FSA-2021-0013]


Notice of Funds Availability (NOFA) for the Food Safety 
Certification for Specialty Crops Program

AGENCY: Commodity Credit Corporation, Farm Service Agency, Department 
of Agriculture (USDA).

ACTION: Notification of fund availability.

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SUMMARY: The Farm Service Agency (FSA) is announcing the availability 
of $200 million through the new Food Safety Certification for Specialty 
Crops Program (FSCSC) for specialty crop operations that incur eligible 
on-farm food safety program expenses to obtain or renew a food safety 
certification in calendar years 2022 or 2023. To be eligible for 
assistance with expenses related to a 2022 food safety certification, 
the certification must have been issued on or after June 21, 2022. 
Specialty crop operations incur significant costs to comply with 
regulatory requirements and market-driven food safety certification 
requirements each year with little opportunity to recover the increased 
costs. In this document, FSA is providing the eligibility requirements, 
application process, and payment calculation for FSCSC.

DATES: 
    Funding availability: Implementation will begin June 27, 2022.
    Comments Due Date: We will consider comments on the information 
collection request discussed in the Paperwork Reduction Act section 
that we receive by: August 22, 2022.

ADDRESSES: We invite you to submit comments on the information 
collection request. You may submit comments using any of the following 
methods, although FSA prefers that you submit comments electronically 
through the Federal eRulemaking Portal:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and search for Docket ID FSA-2021-0013. Follow the 
online instructions for submitting comments.
     Mail, Hand-Delivery, or Courier: Director, Safety Net 
Division, FSA, USDA, 1400 Independence Avenue SW, Stop 0510, 
Washington, DC 20250-0522. In your comment, specify the docket ID FSA-
2021-0013.
    All comments received, including those received by mail, will be 
posted without change and will be publicly available on http://www.regulations.gov. Copies of the information collection may be 
requested by contacting the above address.

FOR FURTHER INFORMATION CONTACT: Tona Huggins: (202) 720-7641; or by 
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: 

Background

    FSA, on behalf of CCC, is establishing FSCSC to assist specialty 
crop operations that incurred eligible on-farm food safety 
certification and related expenses in order to obtain or renew a:
     2022 food safety certification issued between June 21, 
2022 and December 30, 2022; or
     2023 food safety certification issued at any time during 
the 2023 calendar year.
    For each year, FSCSC will cover a portion of the specialty crop 
operation's cost of obtaining or renewing their certification, as well 
as a portion of their related costs as described in this NOFA.
    Specialty crops intended for human consumption are subject to 
concerns about safety, particularly since specialty crops sold as raw 
agricultural commodities do not undergo a ``kill step'' like cooking, 
canning, or pasteurizing used for other agricultural commodities such 
as meat or dairy products. As a result, specialty crop operations face 
increasing demand from grocery stores, schools, and other institutional 
buyers and retailers to obtain certification through programs that 
address the safe growing, harvesting, packing, and holding of their 
crops. The need to develop, implement, and maintain on-farm food safety 
programs has resulted in additional costs for many specialty crop 
operations that seek alternate markets for their products due to 
changes in demand from traditional markets such as restaurants and food 
service. As they identify new markets, many specialty crop operations 
also find they need to undergo food safety audits and absorb the 
additional costs to achieve food safety certification through a private 
or government-based certification program in order to meet buyers' 
requirements to sell their products.
    FSCSC funding of $200 million is provided through the CCC Charter 
Act, which authorizes CCC to increase the domestic consumption of 
agricultural commodities (other than tobacco) by expanding or aiding in 
the expansion of domestic markets or by developing or aiding in the 
development of new and additional markets, marketing facilities, and 
uses for such commodities (15 U.S.C. 714c(e)). FSCSC will aid in the 
expansion of domestic markets and development of new and additional 
markets by assisting specialty crop operations with costs that they 
incur to obtain or renew food safety certifications in order to comply 
with government and retail buyers' demands for food safety 
certification, ultimately expanding the markets available to those 
operations and increasing domestic consumption of specialty crops. To 
that end, only producers that successfully obtain or renew a food 
safety certification after publication of this notice are eligible to 
be compensated for a portion of the cost of that certification, as 
explained further below.

Definitions

    The following definitions apply to this notice:
    Beginning farmer or rancher means a farmer or rancher who has not 
operated a farm or ranch for more than 10 years and who materially and 
substantially participates in the operation. For a legal entity to be 
considered a beginning farmer or rancher, at least 50 percent of the 
ownership interest must be held by individuals who are beginning 
farmers or ranchers.
    Certification upload fee means the fee paid by a specialty crop 
operation to upload reports and other documentation to a commercial 
database.
    Certifier means either a private entity accredited for the purpose 
of providing

[[Page 36817]]

food safety certification or a government-based certifier.
    Deputy Administrator means the FSA Deputy Administrator for Farm 
Programs.
    Food safety certification means certification that a specialty crop 
operation meets regulatory or market-driven food safety standards.
    Food safety management system means a documented system developed 
by a group of specialty crop operations to obtain food safety 
certification, also referred to as a ``quality management system.''
    FSMA means the FDA Food Safety Modernization Act (Pub. L. 111-353).
    Food safety plan means a documented plan implemented by a specialty 
crop operation to obtain food safety certification.
    Historically underserved farmer or rancher means a beginning farmer 
or rancher, limited resource farmer or rancher, socially disadvantaged 
farmer or rancher, or veteran farmer or rancher.
    Limited resource farmer or rancher means a farmer or rancher who is 
both of the following:
    (1) A person whose direct or indirect gross farm sales did not 
exceed:
    (a) For the 2022 program year, $189,200 in each of the 2019 and 
2020 calendar years; or
    (b) For the 2023 program year, the amount identified through the 
Limited Resource Farmer and Rancher Online Self Determination Tool in 
each of the 2020 and 2021 calendar years; and
    (2) A person whose total household income was at or below the 
national poverty level for a family of four in each of the same two 
previous years referenced in paragraph (1) of this definition.
    For an entity to be considered a limited resource farmer or 
rancher, all members who hold an ownership interest in the entity must 
meet the criteria in paragraphs (1) and (2) of this definition. Limited 
resource farmer or rancher status can be determined using a website 
available through the Limited Resource Farmer and Rancher Online Self 
Determination Tool, which is available through the Natural Resources 
Conservation Service at https://lrftool.sc.egov.usda.gov. Producers may 
also contact their FSA county office for assistance.
    Produce Safety Rule means the final rule titled ``Standards for the 
Growing, Harvesting, Packing, and Holding of Produce for Human 
Consumption'' published on November 27, 2015 (80 FR 74354-74568).
    Program year means the calendar year in which the applicant's food 
safety certification is issued (that is, 2022 or 2023).
    Raw agricultural commodity means any food in its raw or natural 
state, including all fruits that are washed, colored, or otherwise 
treated in their unpeeled natural form prior to marketing.
    Small business means an applicant that had an average annual 
monetary value of specialty crops the applicant sold during the 3-year 
period preceding the program year of more than $250,000 but not more 
than $500,000.
    Socially disadvantaged farmer or rancher means a farmer or rancher 
who is a member of a group whose members have been subjected to racial, 
ethnic, or gender prejudice because of their identity as members of a 
group without regard to their individual qualities. For entities, at 
least 50 percent of the ownership interest must be held by individuals 
who are members of such a group. Socially disadvantaged groups include 
the following and no others unless approved in writing by the Deputy 
Administrator:
    (1) American Indians or Alaskan Natives;
    (2) Asians or Asian-Americans;
    (3) Blacks or African Americans;
    (4) Hispanics or Hispanic Americans;
    (5) Native Hawaiians or other Pacific Islanders; and
    (6) Women.
    Specialty crop means any fruit or vegetable (including mixes of 
intact fruits and vegetables) and includes mushrooms, sprouts 
(irrespective of seed source), tree nuts, and herbs. A fruit is the 
edible reproductive body of a seed plant or tree nut (such as apple, 
orange, and almond) such that fruit means the harvestable or harvested 
part of a plant developed from a flower. A vegetable is the edible part 
of an herbaceous plant (such as cabbage or potato) or fleshy fruiting 
body of a fungus (such as white button or shiitake) grown for an edible 
part such that vegetable means the harvestable or harvested part of any 
plant or fungus whose fruit, fleshy fruiting bodies, seeds, roots, 
tubers, bulbs, stems, leaves, or flower parts are used as food and 
includes mushrooms, sprouts, and herbs (such as basil or cilantro). 
``Specialty crop'' does not include peanuts or food grains, meaning the 
small, hard fruits or seeds of arable crops, or the crops bearing these 
fruits or seeds, which are primarily grown and processed for use as 
meal, flour, baked goods, cereals, and oils rather than for direct 
consumption as small, hard fruits or seeds (including cereal grains, 
pseudo cereals, oilseeds, and other plants used in the same fashion). 
Examples of food grains include barley, dent- or flint-corn, sorghum, 
oats, rice, rye, wheat, amaranth, quinoa, buckwheat, and oilseeds (for 
example, cotton seed, flax seed, rapeseed, soybean, and sunflower 
seed).
    Specialty crop operation means a farming operation that produces 
specialty crops that are raw agricultural commodities. It includes both 
individuals and legal entities.
    Very small business means an applicant that had an average annual 
monetary value of specialty crops the applicant sold during the 3-year 
period preceding the program year of no more than $250,000.
    Veteran farmer or rancher means a farmer or rancher who has served 
in the Armed Forces (as defined in 38 U.S.C. 101(10) \1\) and:
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    \1\ The term ``Armed Forces'' means the United States Army, 
Navy, Marine Corps, Air Force, Space Force, and Coast Guard, 
including the reserve components.
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    (1) Has not operated a farm or ranch for more than 10 years; or
    (2) Has obtained status as a veteran (as defined in 38 U.S.C. 
101(2) \2\) during the most recent 10-year period.
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    \2\ The term ``veteran'' means a person who served in the active 
military, naval, air, or space service, and who was discharged or 
released under conditions other than dishonorable.
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    For an entity to be considered a veteran farmer or rancher, at 
least 50 percent of the ownership interest must be held by members who 
have served in the Armed Forces and meet the criteria in paragraph (1) 
or (2) of this definition.

Eligible Applicants

    To be eligible for FSCSC, the applicant must meet all of the 
following:
     Be a specialty crop operation;
     Be a small business or very small business;
     Have obtained or renewed a:
    [cir] 2022 food safety certification that was issued between June 
21, 2022 and December 31, 2022; or
    [cir] 2023 food safety certification issued during the 2023 
calendar year; and
     Have paid eligible expenses as described in this document.
    FSCSC is available to specialty crop operations located in the 50 
United States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, American Samoa, the U.S. Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands.

Eligible Expenses

    FSCSC provides assistance for eligible expenses that the applicant 
both incurs and pays in order to obtain or renew a 2022 or 2023 food 
safety certification as described above. Expenses that have

[[Page 36818]]

been incurred by an applicant who does not ultimately obtain a 2022 or 
2023 food safety certification are not eligible for assistance through 
FSCSC.
    Some specialty crop operations obtain food safety certification 
through a group model, which enables multiple producers to form a group 
that develops a food safety management system and is audited and 
certified as one unit. This approach enables group members to pool 
resources to implement food safety training programs and share the cost 
of certification. Specialty crop operations that obtain certification 
through a group model are eligible to apply for assistance for their 
share of eligible expenses paid by the group, in addition to any 
eligible expenses they incur individually.
    Specialty crop operations may receive assistance for the costs 
described below, including any associated postage costs.
    Developing a food safety plan for first-time food safety 
certification. A food safety plan is a requirement for any specialty 
crop operation or group undergoing formal food safety certification, 
and the majority of costs associated with food safety plan development 
occur the first year an operation undergoes food safety certification. 
There are 2 general approaches to plan development--the specialty crop 
operation may develop its own plan, hire a consultant, or a combination 
of both. FSCSC will cover a percentage of the costs of seminars and 
tools used by specialty crop operations to create a food safety plan. 
FSCSC will also cover a percentage of the consulting fees and other 
associated expenses incurred if the specialty crop operation hires a 
consultant to develop a food safety plan. For specialty crop operations 
certified through a group, this category of expenses will cover a 
percentage of their share of the cost for developing a food safety or 
quality management system for the group.
    Maintaining or updating an existing food safety plan. Certification 
programs typically require an annual review of the food safety plan to 
ensure it is current and addresses any new audit or regulatory 
requirements, as well as incorporates any new hazards. FSCSC will cover 
a percentage of the costs of maintaining and updating existing food 
safety plans. For specialty crop operations certified through a group, 
this category of expenses will cover a percentage of their share of the 
cost for maintaining or updating an existing food safety management 
system for the group.
    Food safety certification. FSCSC will cover a percentage of the 
cost of obtaining food safety certification issued by a certifier, 
including application fees, inspection costs, inspection fees 
(including travel costs and per diem for certifiers), and user fees or 
certifier sales assessments.
    Certification upload fees. FSCSC will cover a percentage of the 
cost to upload audit reports and certification documentation into 
commercial audit databases, which may be required by buyers of 
specialty crops.
    Microbiological testing. FSCSC will cover a percentage of the cost 
of microbiological testing for products, soil amendments, and water as 
specified by a food safety plan or food safety management system. The 
FSMA Produce Safety Rule requires covered farms to test their 
agricultural water, and commercial food safety standards may require 
additional testing to determine if water meets the microbial 
requirements of the Environmental Protection Agency's drinking water 
standard (40 CFR part 141). Retail, food service, and institutional 
buyers are also increasingly requiring microbiological testing of 
finished products. Testing of soil amendments, particularly amendments 
of animal origin (composting) is also required by many food safety 
audit programs.
    Training. FSCSC will cover the cost of food safety training for the 
specialty crop operation. The FSMA requires all covered operations to 
take a training course annually. Additionally, most certification 
programs require training as well.

Ineligible Expenses

    Any expenses not listed above, as determined by the Deputy 
Administrator, are not covered by FSCSC. The following expenses are 
examples of costs that are not eligible for cost share under FSCSC:
     Infrastructure improvements (such as improvements to 
buildings, cold storage, flooring, restrooms, and handwashing 
stations);
     Equipment (such as grading or packing lines and sanitation 
equipment);
     Supplies (such as sanitation and cleaning supplies and 
personal protective equipment);
     Salaries and benefits of employees or other costs for 
labor, except for expenses for consultants described above; and
     Fees or penalties for late payment.

Application Process

    The application period for 2022 begins on June 27, 2022, and ends 
on January 31, 2023. The application period for 2023 will be announced 
at a later date. Applicants may apply for FSCSC at any USDA Service 
Center.\3\ Each applicant must submit the following forms in person or 
by mail, email, facsimile, or other methods announced by FSA:
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    \3\ USDA Service Center locations and contact information are 
available at https://offices.sc.egov.usda.gov/locator/app.
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     Form FSA-888, Food Safety Certification for Specialty 
Crops Program (FSCSC);
     Form CCC-860, Socially Disadvantaged, Limited Resource, 
Beginning and Veteran Farmer or Rancher Certification, for the 
applicable program year if the applicant qualifies as a historically 
underserved farmer or rancher and this form is not already on file with 
FSA; \4\
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    \4\ Form CCC-860 is not required for applicants meeting the 
definition of socially disadvantaged, limited resource, beginning, 
and veteran farmer or rancher to receive a payment; however, failure 
to submit form CCC-860 will result in an applicant's payment being 
calculated using the lower payment rate that applies to all other 
applicants. An applicant who has filed CCC-860 certifying their 
status as a socially disadvantaged, beginning, or veteran farmer or 
rancher for a prior program year is not required to submit a 
subsequent certification of their status for a later program year 
because their status as socially disadvantaged would not change in 
different years, and their certification as a beginning or veteran 
farmer or rancher includes the relevant date needed to determine for 
what programs years the status would apply. Because an applicant's 
status as a limited resource farmer or rancher may change annually 
depending on their direct and indirect gross farm sales, those 
applicants must submit CCC-860 for each applicable program year.
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     Form AD-2047, Customer Data Worksheet, if not already on 
file with FSA; and
     Form SF-3881, ACH Vendor/Miscellaneous Payment Enrollment 
Form, if not already on file with FSA.\5\
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    \5\ Applicants who are unable to receive payment through direct 
deposit are still eligible to participate in FSCSC. Those applicants 
should contact their local FSA county office for further 
information.
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    Eligible expenses are based on the applicant's certification and 
are subject to spot check.
    Applicants may be required to provide additional documentation to 
FSA, if requested by FSA, to verify eligibility or issue payment. 
Specialty crop operations certified as part of a group under a food 
safety management system must provide documentation of the applicant's 
portion of the group's expenses from the entity responsible for 
maintaining the group's certification if requested by FSA. Additional 
documentation must be received within 30 days of the request or the 
application will not be processed.

Payments

    FSCSC payments are calculated separately for each category of 
eligible costs based on the percentages and

[[Page 36819]]

maximum payment amounts in the following table. An applicant may 
receive the specified percentage of their eligible costs, up to the 
maximum per category, for each program year.

------------------------------------------------------------------------
                                     Payment amount of eligible costs
                                 ---------------------------------------
  Category of eligible expenses      Historically
                                  underserved farmer       All other
                                       or rancher         applicants
------------------------------------------------------------------------
Development of a food safety      75 percent (no      50 percent (no
 plan for first-time               maximum).           maximum).
 certification.
Maintaining or updating a food    75 percent, up to   50 percent, up to
 safety plan.                      a maximum of $375.  a maximum of
                                                       $250.
Food safety certification.......  75 percent, up to   50 percent, up to
                                   a maximum of        a maximum of
                                   $2,000.             $2,000.
Certification upload fees.......  75 percent, up to   50 percent, up to
                                   a maximum of $375.  a maximum of
                                                       $250.
Microbiological testing--         75 percent, up to   50 percent, up to
 products.                         5 tests.            5 tests.
Microbiological testing--soil     75 percent, up to   50 percent, up to
 amendments.                       5 tests.            5 tests.
Microbiological testing--water..  75 percent, up to   50 percent, up to
                                   5 tests.            5 tests.
Training........................  100 percent, up to  100 percent, up to
                                   a maximum of $300.  a maximum of
                                                       $200.
------------------------------------------------------------------------

    Payments will be equal to the applicant's eligible expenses 
multiplied by the percentage for the applicable category in the table 
above, not to exceed the maximum payment amount for the category, if 
applicable. An applicant must report any previous cost share assistance 
received from any source for the expenses included on their 
application. The amount of the applicant's FSCSC payment plus the 
reported additional cost share assistance cannot exceed the total 
amount of eligible expenses for each category. If the amount of the 
additional cost share plus the calculated FSCSC payment exceed the 
total amount of eligible expenses for a category, the FSCSC payment for 
that category will be equal to the total amount of eligible expenses 
minus the additional reported cost share assistance.
    FSA will issue payments for the 2022 program year as applications 
are processed and approved. Due to the limited amount of funding, FSA 
will issue 2023 program year payments after the end of the application 
period. If calculated payments exceed the amount of available funding 
for 2023, payments will be prorated.

Other Provisions

    Participants are required to retain documentation in support of 
their application for 3 years after the date of approval. Participants 
receiving FSCSC payments or any other person who furnishes such 
information to USDA must permit authorized representatives of USDA or 
the Government Accountability Office, during regular business hours, to 
enter the operation and to inspect, examine, and to allow 
representatives to make copies of books, records, or other items for 
the purpose of confirming the accuracy of the information provided by 
the participant.
    Applicants have a right to a decision in response to their 
application. If an applicant files an application with an FSA county 
office after the application deadline, the application will be 
considered a request to waive the deadline.
    Requests to waive or modify program provisions, including requests 
to waive the deadline, are at the discretion of the Deputy 
Administrator. The Deputy Administrator has the authority to waive or 
modify application deadlines and other requirements or program 
provisions not specified in law, in cases where the Deputy 
Administrator determines it is (1) equitable to do so and (2) where the 
lateness or failure to meet such other requirements or program 
provisions do not adversely affect the operation of FSCSC.
    Applicants who request to waive or modify FSCSC provisions do not 
have a right to a decision on those requests, and the Deputy 
Administrator's refusal to exercise discretion on requests to waive or 
modify FSCSC provisions will not be considered an adverse decision and 
is, by itself, not appealable.
    Equitable relief and finality provisions specified in 7 CFR part 
718, subpart D, apply to determinations under FSCSC. Persons and legal 
entities who file an application with FSA have the right to an 
administrative review of any FSA adverse decision with respect to the 
application under the appeals procedures at 7 CFR parts 780 and 11. The 
determination of matters of general applicability that are not in 
response to, or do not result from, an individual set of facts in an 
individual participant's application for payment are not matters that 
can be appealed. Such matters of general applicability include, but are 
not limited to, the determination of eligible categories of expenses 
and payment rates.
    Any payment under FSCSC will be made without regard to questions of 
title under State law and without regard to any claim or lien. The 
regulations governing offsets in 7 CFR part 3 apply to FSCSC payments.
    If an FSCSC payment resulted from erroneous information provided by 
a participant, or any person acting on their behalf, the payment will 
be recalculated and the participant must refund any excess payment with 
interest calculated from the date of the disbursement of the payment. 
If FSA determines that the applicant intentionally misrepresented 
information provided on their application, the application will be 
disapproved and the applicant must refund the full payment to FSA with 
interest from the date of disbursement.
    In either applying for or participating in FSCSC, or both, the 
applicant is subject to laws against perjury (including but not limited 
to 18 U.S.C. 1621). If the applicant willfully makes and represents as 
true any verbal or written declaration, certification, statement, or 
verification that the applicant knows or believes not to be true, in 
the course of either applying for or participating in FSCSC, or both, 
then the applicant may be found to be guilty of perjury. Except as 
otherwise provided by law, if guilty of perjury the applicant may be 
fined, imprisoned for not more than 5 years, or both, regardless of 
whether the applicant makes such verbal or written declaration, 
certification, statement, or verification within or outside the United 
States.
    For the purposes of the effect of a lien on eligibility for Federal 
programs (28 U.S.C. 3201(e)), USDA waives the restriction on receipt of 
funds under FSCSC but only as to beneficiaries who, as a condition of 
the waiver, agree to apply the FSCSC payments to reduce the amount of 
the judgment lien.
    In addition to any other Federal laws that apply to FSCSC, the 
following laws apply: 18 U.S.C. 286, 287, 371, and 1001.

[[Page 36820]]

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 request associated with 
FSCSC. The FSCSC information collection request is for the eligible 
specialty crop operations to provide FSA the information about their 
eligible expenses to qualify for the payments and to enable FSA to 
determine the amount of the payment. FSA has submitted the emergency 
approval request for the FSCSC information collection activities to OMB 
for a 6-month approval. After the 60-day comment ends the information 
collection request will be submitted to OMB for a 3-year OMB approval.
    Title: Food Safety Certification for Specialty Crops (FSCSC) 
Program.
    OMB Control Number: 0560-New.
    Type of Request: New Collection.
    Abstract: The information collection request is required to support 
specialty crop operations to provide their eligible expenses to get the 
FSCSC payments. The forms for the applicants, who are producers or 
farmers, to complete for the FSCSC payments and the payment 
calculations are described in this document.
    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. Public reporting burden for this information collection is 
estimated 0.685 hours to include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed and completing and reviewing the collections of information.
    Type of Respondents: Farmer or producer.
    Estimated Annual Number or Respondents: 22,000.
    Estimated Number of Responses per Respondent: 1.7.
    Estimated Total Annual Responses: 37,400.
    Estimated Average Time per Response: 0.685.
    Estimated Total Annual Burden on Respondents: 25,652 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 information collection on those who 
are to respond, 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 this notice have been considered in a 
manner consistent with the provisions of the National Environmental 
Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council 
on Environmental Quality (40 CFR parts 1500-1508), and the FSA 
regulations for compliance with NEPA (7 CFR part 799).
    The purpose of FSCSC is to provide assistance to specialty crop 
operations for eligible costs related to food safety certification. The 
Categorical Exclusions in 7 CFR 799.31 apply, specifically 7 CFR 
799.31(b)(6)(iii) (that is, financial assistance to supplement income). 
No Extraordinary Circumstances (7 CFR 799.33) exist. FSA has determined 
that this notice does not constitute a major Federal action that would 
significantly affect the quality of the human environment, individually 
or cumulatively. Therefore, FSA will not prepare an environmental 
assessment or environmental impact statement for this regulatory 
action.

Federal Assistance Programs

    The title and number of the Federal assistance program in the 
Assistance Listing,\6\ to which this NOFA applies is 10.142, Food 
Safety Certification for Specialty Crops (FSCSC) Program.
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    \6\ See https://sam.gov/content/assistance-listings.
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USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family or parental status, income derived from a public 
assistance program, political beliefs, or reprisal or retaliation for 
prior civil rights activity, in any program or activity conducted or 
funded by USDA (not all bases apply to all programs). Remedies and 
complaint filing deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (for example, braille, large 
print, audiotape, American Sign Language, etc.) should contact the 
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and 
TTY) or (844) 433-2774. Additionally, program information may be made 
available in languages other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the letter all the information requested in the form. To request a copy 
of the complaint form, call (866) 632-9992. Submit your completed form 
or letter to USDA by mail to: U.S. Department of Agriculture, Office of 
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Zach Ducheneaux,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 2022-13014 Filed 6-17-22; 8:45 am]
BILLING CODE 3410-05-P