[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51259-51260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16492]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / 
Notices  

[[Page 51259]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FTPP-23-0032]


Notice of Funds Availability

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Secretary hereby announces the availability of funding for 
cotton merchandisers under the Pandemic Assistance for Cotton 
Merchandisers (PACM) Program. PACM will be administered by the 
Agricultural Marketing Service (AMS) and is authorized by the 
Consolidated Appropriations Act, 2023. The funds are intended to reduce 
the economic impacts of COVID-19 and other supply chain disruptions 
that impacted cotton merchandisers. Interested entities may apply for 
program participation by submitting the application, and required 
supporting documentation, available on our website at www.ams.usda.gov/services/warehouse/cotton-program.

DATES: 
    Eligibility Period: AMS will accept claims from cotton 
merchandisers for the period beginning March 1, 2020, and ending 
December 29, 2022.
    Claim Period: All claims must be submitted by 11:59 p.m. Eastern 
Time, September 29, 2023, to be considered eligible for review and 
determination of PACM program benefits.
    Funding Expiration: Funds under this statutory authority must be 
expended no later than December 29, 2023.

ADDRESSES: Applications are available on the AMS website at https://www.ams.usda.gov/services/warehouse/cotton-program or via email at 
[email protected]. Applications and supporting documentation are required 
to be uploaded to https://wcmd.app.box.com/f/5a6db73028e54d9982e1e85d193d1b16.

FOR FURTHER INFORMATION CONTACT: Dan Schofer, Program Manager, 
Warehouse and Commodity Management Division, (202) 720-0219, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Background: Division N, Title VII, Section 751 of The Consolidated 
Appropriations Act, 2021 (CAA 2021; Pub. L. 116-260), provided 
$11,187,500,000 to prevent, prepare for, and respond to coronavirus by 
providing support for agricultural producers, growers, and processors 
impacted by coronavirus. Section 601(a)(4) of Division HH of the CAA 
2023, using unobligated balances from the CAA 2021, made available 
$100,000,000 for PACM, of which $99 million is available for further 
pandemic relief to cotton merchandisers. The funding for this program 
was excepted from the recissions of Division B, Title I, Section 4 of 
the Fiscal Responsibility Act (Pub. L. 118-5).
    Eligible Cotton: Cotton eligible for payment under PACM must have a 
Permanent Bale Identification (PBI) number and have been purchased 
from, or marketed on behalf of, a United States cotton producer during 
the eligibility period of March 1, 2020, to December 29, 2022.
    Eligible Participants: To be eligible to receive a payment under 
PACM, cotton merchandisers must provide a certification attesting to, 
and records indicating that, during the eligibility period (March 1, 
2020, to December 29, 2022), cotton was purchased or marketed on behalf 
of a United States cotton producer and certify that they are 
responsible for final sale to the domestic end user or that they are 
the exporter of the cotton and that they bore the majority of the 
transportation and marketing costs. Final sale is defined as the final 
transaction wherein a contract for eligible cotton has been executed, 
directly or indirectly, transferring title or custody of cotton to the 
domestic end user or exporter. Cotton Merchandisers are entities that 
are regularly engaged in the business of buying and selling raw cotton 
for manufacturing by an end user. All Cotton Merchandisers must be 
organized under the laws of a state in the United States and must be 
currently active and in good standing according to the applicable 
registration authority, as well as an active registration with the 
System for Award Management (SAM) (www.sam.gov) to receive program 
payments. SAM is an official website of the U.S. Government. There is 
no cost to use SAM.
    Claims Process: Claim Submission Requirements: Eligible cotton 
merchandisers must submit an application, available at https://www.ams.usda.gov/services/warehouse/cotton-program, via Secure Upload 
at https://wcmd.app.box.com/f/5a6db73028e54d9982e1e85d193d1b16 
attesting to entity information and the total number of bales claimed. 
In addition, supplemental information must be submitted in a Comma-
Separated Values (csv) file, including Permanent Bale Identification 
(PBI) number, crop year, receipt number, shipping mark, shipment date, 
and last storing warehouse code or identifier.
    Claim Validation: There will be one payment only per eligible bale 
of cotton. Merchandisers will self-certify their volume of bales and 
provide the unique Permanent Bale Identification (PBI) with their 
applications. While conducting eligibility reviews, AMS may request 
additional documentation to substantiate claims.
    Payment: Payment Eligibility: Claimants must have an active 
registration with the System for Award Management (SAM) (www.sam.gov) 
to receive program payments. SAM is an official website of the U.S. 
Government. There is no cost to use SAM.
    Payment Calculation: The CAA authorizes up to ``$100,000,000, to be 
derived from the unobligated balances of amounts made available under 
section 751 of division N of the Consolidated Appropriations Act, 2021 
(Pub. L. 116-260)'' in pandemic assistance. The CAA also allows the 
Secretary to use one percent of the total amount ``for administrative 
costs necessary to carry out this program.'' The CAA grants the 
Secretary wide discretion to make payment determinations and rates that 
take into account the economic impacts of COVID-19 and other supply 
chain disruptions. Using that discretion, the Secretary has determined 
that a tiered approach will most efficiently and effectively address 
these issues in a manner contemplated by the statute.
    The Secretary will authorize payments for validated claims 
(projected), per merchandiser, of $5 per bale for the first 500,000 
bales; $2.50 per bale for bales 500,001 to one million;

[[Page 51260]]

and $1.25 per bale above one million bales. Once the claim period is 
closed and claims have been validated, final tier rates will be 
adjusted to spend the full funds while maintaining the tier 
proportions.
    Claim and Certifications: AMS will send notification of the amount 
certified for payment to the email address indicated on the 
application. If the claimant disputes the amount of the payment or has 
questions, they will have 14 days after receipt of notification of 
payment calculation to contact AMS to review the claim. Any request for 
reconsideration or other inquiries should be directed to [email protected]. 
If the issues are not resolved, the claimant may seek review and 
issuance of a final agency decision by the National Appeals Division 
pursuant to 7 U.S.C. 6991.
    Congressional Review Act Requirements: USDA has determined that 
this action is economically insignificant because expenditures are less 
than $100 million and will not result in a major increase in cost for 
consumers, industry, Federal, State, or local government agencies. 
Furthermore, the beneficiaries of this rule have been significantly 
impacted by the COVID-19 outbreak and disaster events, which has 
resulted in significant declines in demand and supply chain 
disruptions. USDA finds that notice and public procedure are contrary 
to the public interest. Therefore, even though this rule could be 
determined to be a major rule for purposes of the Congressional Review 
Act, USDA is not required to delay the effective date for 60 days from 
the date of publication to allow for Congressional review. Accordingly, 
this rule is effective upon publication in the Federal Register.
    Paperwork Reduction Act Requirements: In compliance with the 
provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the 
information collection request has been approved by OMB under the 
control number of 0503-0028, USDA Generic Solution for Solicitation for 
Funding Opportunity Announcements. AMS will collect the information 
from cotton merchandisers to qualify for the payment to mitigate the 
economic impacts of COVID-19 and other supply chain disruptions. PACM 
is a one-time funding as described in this NOFA.
    Federal Assistance Programs: The title and number of the Federal 
assistance programs, as found in the Assistance Listing \1\ to which 
this document applies is 10.191, Pandemic Assistance for Cotton 
Merchandisers (PACM).
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    \1\ 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.
    Individuals 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 text telephone (TTY)) 
or dial 711 for Telecommunications Relay Service (both voice and text 
telephone users can initiate this call from any telephone). 
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-aprogram-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.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-16492 Filed 8-2-23; 8:45 am]
BILLING CODE P