Coronavirus Food Assistance Program 2; Producers of Sale-Based Commodities and Contract Producers (rule, 86 FR 48013, August 27, 2021)
Summary
A final rule from the Office of the Secretary, USDA, amending the Coronavirus Food Assistance Program 2 (CFAP 2) provisions for producers of sales-based commodities and contract producers. It was published on August 27, 2021 (Vol. 86, No. 164), Docket ID FSA–2020–0006, RIN 0503–AA71. Citing section 751 of Subtitle B of Title VII of Division N of CAA, it amends the payment calculation in 7 CFR 9.203(i) and (j) to let eligible producers substitute 2018 sales for 2019 sales. The rule announces a CFAP 2 application deadline of October 12, 2021, amending 7 CFR 9.4, and clarifies general provisions on equitable relief and refunds. It is effective August 27, 2021, with comments on the information collection due October 26, 2021.
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“Coronavirus Food Assistance Program 2; Producers of Sale-Based Commodities and Contract Producers (rule, 86 FR 48013, August 27, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/coronavirus-food-assistance-program-2-producers-of-sale-based-commodit-82fa06acfe/
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48013
Rules and Regulations Federal Register
Vol. 86, No. 164
Friday, August 27, 2021
This section of the FEDERAL REGISTER Information and Regulatory Affairs, Application Deadline
contains regulatory documents having general Office of Management and Budget, On March 24, 2021, USDA announced
applicability and legal effect, most of which Washington, DC 20503.
are keyed to and codified in the Code of in a news release that the application
Federal Regulations, which is published under Comments will be available for period for CFAP 2 was reopened for all
50 titles pursuant to 44 U.S.C. 1510. inspection online at http:// eligible producers for at least 60 days
www.regulations.gov. Copies of the beginning on April 5, 2021. This
The Code of Federal Regulations is sold by information collection may be requested reopening allowed USDA to improve
the Superintendent of Documents. by contacting Brittany Ramsburg at the outreach efforts and ensure that
above address. producers in socially disadvantaged
communities were informed and aware
DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: of the application process. This rule
Kimberly Graham; telephone: (202) 720– announces that the CFAP 2 application
Office of the Secretary 6825; email: Kimberly.Graham@ deadline will be October 12, 2021, and
usda.gov. Persons with disabilities who amends 7 CFR 9.4 to specify the
7 CFR Part 9 require alternative means for deadline. This deadline applies to all
[Docket ID: FSA–2020–0006] communication should contact the producers applying for CFAP 2,
USDA Target Center at (202) 720–2600 including producers of sales-based
RIN 0503–AA71
(voice) or (844) 433–2774 (toll-free commodities and contract producers
Coronavirus Food Assistance Program nationwide). who submit new applications or revise
2; Producers of Sale-Based previously filed applications due to the
SUPPLEMENTARY INFORMATION: USDA
Commodities and Contract Producers changes included in this rule.
established CFAP to assist producers of
AGENCY: Office of the Secretary, agricultural commodities marketed in Sales-Based Commodities
Department of Agriculture (USDA). 2020 who faced continuing market Consistent with section 751 of
ACTION: Final rule. disruptions, reduced farm-level prices, Subtitle B of Title VII of Division N of
and increased production and marketing CAA, USDA is amending the CFAP 2
SUMMARY: This rule amends the costs due to COVID–19. CFAP went payment calculation for sales-based
Coronavirus Food Assistance Program 2 through two rounds of payments (CFAP commodities in 7 CFR 9.203(i) and (j) to
(CFAP 2) provisions related to 1 and CFAP 2), and the Farm Service allow eligible producers to substitute
assistance for producers of sales-based Agency (FSA) is administering CFAP 2, 2018 sales for 2019 sales. Previously,
commodities and contract producers. as directed by the Secretary of payments for producers of sales-based
This rule also announces the deadline Agriculture. USDA announced CFAP 2 commodities were based only on 2019
for submitting CFAP 2 applications and through a final rule published in the sales; however, various conditions
clarifies general provisions related to Federal Register on September 22, 2020. occurring in 2019 could have adversely
equitable relief and refunds. 85 FR 59380–59388. A second final rule affected a producer’s amount of sales
DATES: was published on January 19, 2021. 86 and therefore their CFAP 2 payment.
Effective date: August 27, 2021. FR 4877–4883. That rule amended CFAP 2 uses a producer’s 2019 sales as
Comment due date: With grass seed CFAP 2 provisions and included an approximation of what the producer
being added as an eligible crop under assistance for contract producers of would have expected to market in 2020,
CFAP, we will consider comments on swine and poultry (including broilers, which could not be determined for most
the information collection requirements pullets, layers, chicken eggs, and producers at the time of application.
under the Paperwork Reduction Act that turkeys), who were not originally Under the final rule published on
we receive by: October 26, 2021. eligible for CFAP 2. After publication of January 19, 2021, crop insurance
ADDRESSES: We invite you to submit
that rule, USDA suspended approval of indemnities under the Federal Crop
comments on the information collection applications from contract producers Insurance Act, 7 U.S.C 1501–1524, and
requirements. You may submit while that final rule was under review. 2019 crop year payments under the
comments by any of the following As a result of that review and for Noninsured Crop Disaster Assistance
methods: consistency with the provisions of the Program (NAP) and Wildfires and
• Federal eRulemaking Portal: Go to: Consolidated Appropriations Act, 2021 Hurricanes Indemnity Program Plus
www.regulations.gov and search for (CAA), Public Law 116–260, USDA is (WHIP+), are included as eligible sales
Docket ID FSA–2020–0006. Follow the making changes to the provisions for under 7 CFR 9.202(i) in addition to the
online instructions for submitting CFAP 2 as described below. These amount of the producer’s 2019 sales, as
comments. changes include adjusting the CFAP 2 required by Subtitle B, section 751, of
• Mail, Hand-Delivery, or Courier: application deadline, changing the the CAA. That change is intended to
Director, Safety Net Division, Farm calculation of payments for sales-based more accurately represent what a
Service Agency, U.S. Department of commodities, adding grass seed as an producer would have expected to have
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Agriculture, 1400 Independence Avenue eligible sales-based commodity, marketed in 2020 by taking into account
SW, Stop 0510, Washington, DC 20250– changing aspects of the provisions for commodities that would have been
0522. In your comment, specify the assistance for contract producers, and available for marketing in 2019 but were
docket ID FS–2020–0006. clarifying the applicability of equitable lost due to natural events. However,
You may also send comments to the relief provisions and provisions crop insurance indemnities and NAP
Desk Officer for Agriculture, Office of requiring refunds. and WHIP+ program payments for a
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48014 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
crop are less than the full amount that types. In addition to the listed livestock producer’s square footage increase to the
a producer would have expected to and poultry types, USDA may operation in 2020, or a contract
receive for marketing the commodity if determine that additional livestock and producer’s production or number of
there was no loss. Giving producers the poultry types are eligible at a later time. turns for 2018, 2019, or 2020, as
option to substitute 2018 sales These changes are reflected in a new applicable.
(including 2018 crop insurance definition of ‘‘eligible contract livestock This rule also provides assistance in
indemnities and 2018 crop year NAP or poultry’’ in 7 CFR 9.201, in which 7 CFR 9.202(d) and 9.203(m) to
and WHIP+ payments) for 2019 sales USDA is also clarifying that contract producers who were not in operation in
provides additional flexibility to producers of breeding stock of those 2018 or 2019, who would have been
producers who had reduced sales in defined eligible livestock and poultry ineligible under the previous final rule.
2019. are eligible for CFAP 2. Contract Assistance for these producers is based
In addition, USDA has determined producers of breeding stock are on their 2020 eligible revenue and the
that producers of grass seed faced included because those producers may average revenue loss level, which will
continuing market disruptions, low have suffered a revenue loss for the be determined by USDA for a
farm-level prices, and significant livestock and poultry, regardless of the geographic area based on the best
marketing costs associated with the livestock owner’s intended end use of available data including, but not limited
COVID–19 outbreak, similar to the animals. This rule also amends the to, losses reported by other contract
producers of commodities that were definition of ‘‘producer’’ in 7 CFR 9.201 producers for the same area and type of
previously determined to be eligible for to specify that the requirement that a livestock or poultry as reported in their
CFAP 2 assistance. As a result, USDA is producer must be in the business of CFAP 2 applications.
amending the definitions of ‘‘Ineligible farming at the time of application does This rule also specifies that payments
commodities’’ and ‘‘Sales-based not apply to contract producers because to contract producers will be calculated
commodities’’ in § 9.201 to make grass contract producers may have had separately for the categories of livestock
seed an eligible commodity. contracts terminated for reasons outside listed in § 9.203(n). As provided in the
of their control due to COVID–19. previous final rule, payments to contract
Contract Producers
The final rule published on January producers may be factored if total
The final rule published on January 19, 2021, specified that payments for calculated payments exceed the
19, 2021, added provisions to provide contract producers would be based on a available funding under 7 CFR 9.203(o).
assistance for contract producers and comparison of eligible revenue for the
specified that those payments would be Other Changes
periods of January 1, 2019, through
issued with remaining funding December 27, 2019, and January 1, 2020, This rule amends § 9.7(a) to address
authorized by the Coronavirus Aid, through December 27, 2020. This rule situations where FSA determines that
Relief, and Economic Security Act amends the regulation in 7 CFR 9.202(b) the applicant intentionally
(CARES Act; Pub. L. 116–136). Contract and 9.203(l) to allow a contract misrepresented either the total amount
producer payments were suspended producer to elect to use eligible revenue or producer’s share of the commodities,
before any CARES Act funding was used from the period of January 1, 2018, acres, sales, or revenue on their
to fund those payments. Subtitle B, through December 27, 2018, in lieu of application. In those cases, the
section 751, of the CAA specifically during that date range in 2019. This producer’s application will be
directs the Secretary to use not more change is intended to provide flexibility disapproved and the participant must
than $1 billion of the additional funding and make the program more equitable refund the full payment to FSA with
provided under the CAA to make for contract producers who had reduced interest from the date of disbursement.
payments to contract producers of revenue in 2019 compared to a normal This rule also amends § 9.7(b) to specify
livestock and poultry to cover not more year for their operation. that the equitable relief provisions of 7
than 80 percent of their revenue losses, The payment calculation in the final CFR part 718, subpart D, apply to CFAP
as determined by the Secretary of rule published on January 19, 2021, determinations.
Agriculture, from January 1, 2020, specified that payments for contract
through December 27, 2020. While CAA producers would be equal to the eligible Notice and Comment, Effective Date,
uses the term ‘‘contract grower’’ and the revenue received from January 1, 2019, and Exemptions
CFAP 2 regulation uses the term through December 27, 2019, minus the The Administrative Procedure Act
‘‘contract producer’’ both terms refer to eligible revenue received from January (APA), 5 U.S.C. 553(a)(2), provides that
and mean the same people or entities; 1, 2020, through December 27, 2020, the notice-and-comment and 30-day
this rule uses the term ‘‘contract multiplied by 80 percent. In response to delay in the effective date requirements
producer,’’ for consistency. Payments to additional review and stakeholder do not apply when the rule involves
contract producers will be funded as concerns about certain situations when specified actions, including matters
authorized by the CAA rather than the the original calculation would not relating to benefits. This rule governs
CARES Act. accurately capture a contract producer’s CFAP for payments to certain
This rule also amends the provisions loss of eligible revenue due to COVID– commodity producers and therefore
for contract producers based on 19, this rule amends the regulation at 7 falls within the benefits exemption.
additional evaluation of CFAP 2 and CFR 9.203(l)(4) to allow FSA to adjust This rule is exempt from the
stakeholder concerns related to the a contract producer’s eligible revenue regulatory analysis requirements of the
payment calculation. The previous final based on information certified by the Regulatory Flexibility Act (5 U.S.C.
rule provided assistance for contract contract producer on supplemental form 601–612), as amended by the Small
producers of broilers, pullets, layers, AD–3117B if a contract producer did Business Regulatory Enforcement
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chicken eggs, turkeys, hogs, and pigs. not have a full period of revenue from Fairness Act of 1996 (SBREFA). The
After further review, USDA has January 1 to December 27 for either requirements for the regulatory
determined that contract producers of 2018 or 2019, or if the contract producer flexibility analysis in 5 U.S.C. 603 and
ducks, geese, pheasants, and quail will increased their operation size in 2020. 604 are specifically tied to the
also be eligible, including contract Information required to calculate these requirement for a proposed rule by
producers of eggs of all eligible poultry adjustments includes a contract section 553 or any other law; in
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48015
addition, the definition of rule in 5 In implementing these programs, explicitly included in the initial CFAP
U.S.C. 601 is tied to the publication of additional assistance was deemed 2 rule. For example, grass seed was not
a proposed rule. necessary. Subdivision B, section 751, included in the initial CFAP 2 rule, but
The Office of Management and Budget of the CAA authorizes payments of up evidence indicates that production and
(OMB) designated this rule as major to 80 percent of contract producers’ revenue were significantly affected. This
under the Congressional Review Act revenue loss and up to $1 billion in rule clarifies that grass seed is now an
(CRA), as defined by 5 U.S.C. 804(2). funding. To qualify for payment, a eligible sales-based commodity, the
Section 808 of the CRA allows an producer must demonstrate a drop in expected cost is $41 million.
agency to make a major regulation revenue (‘‘revenue loss’’) between 2019 FSA, which implemented CFAP 1 and
effective immediately if the agency finds and 2020. The producer can then choose 2, is implementing these three
there is good cause to do so. The their 2018 revenue in lieu of their 2019 provisions. Producers must fill out
beneficiaries of this rule have been revenue in the revenue loss calculation paperwork to participate in these
significantly impacted by the COVID–19 if their 2018 revenue is more programs, and the associated
outbreak, which has resulted in representative of anticipated revenue in administrative costs are estimated at
significant declines in demand and 2020. In addition, note that the CFAP $1.5 million for contract producers, $2.2
market disruptions. USDA finds that Additional Assistance regulation, million for the use of 2018 versus 2019
notice and public procedure would be published on January 19, 2021, revenue in the calculations for sales-
contrary to the public interest. provided assistance to contract based commodities, and $0.1 million for
Therefore, even though this rule is a producers. CFAP Additional Assistance grass seed.
major rule for purposes of the activity was paused in late January Environmental Review
Congressional Review Act, USDA is not 2021. No payments were issued to
contract producers under that The environmental impacts of this
required to delay the effective date for
regulation. final rule have been considered in a
60 days from the date of publication to manner consistent with the provisions
allow for Congressional review. This rule and cost-benefit analysis use
an 80 percent payment factor, the of the National Environmental Policy
Accordingly, this rule is effective upon Act (NEPA, 42 U.S.C. 4321–4347), the
publication in the Federal Register. maximum allowed by the CAA, and
apply it to the individual producer’s regulations of the Council on
Executive Orders 12866 and 13563 actual 2019 to 2020 revenue change. Environmental Quality (40 CFR parts
Contract producer payments are highly 1500–1508), and because USDA will be
Executive Order 12866, ‘‘Regulatory making the payments to producers the
Planning and Review,’’ and Executive uncertain and can depend on the
number of animals received by the USDA regulations for compliance with
Order 13563, ‘‘Improving Regulation NEPA (7 CFR part 1b).
and Regulatory Review,’’ direct agencies contractor and the price paid by the
integrator to the contractor. The Although OMB has designated this
to assess all costs and benefits of rule as ‘‘economically significant’’
projections contained in this assessment
available regulatory alternatives and, if under Executive Order 12866,
provide an upper bound at over $1
regulation is necessary, to select ‘‘economic or social effects are not
billion. However, available evidence
regulatory approaches that maximize intended by themselves to require
suggests that year-to-year differences in
net benefits (including potential preparation of an environmental impact
animal volume may moderate that
economic, environmental, public health, statement’’ when not interrelated to
estimate. Broiler and hog contract
and safety effects; distributive impacts; natural or physical environmental
producers will receive the bulk of
and equity). Executive Order 13563 effects (see 40 CFR 1502.16(b)). CFAP
payments.
emphasized the importance of was designed to avoid skewing planting
In contrast to assistance for contract
quantifying both costs and benefits, of decisions. Producers continue to make
producers, CAA provides authority for,
reducing costs, of harmonizing rules, their planting and production decisions
but does not mandate, use of 2018 or
and of promoting flexibility. The with the market signals in mind, rather
2019 revenue data in the calculation of
requirements in Executive Orders 12866 than any expectation of what a new
payments for sales-based 1 commodities.
and 13563 for the analysis of costs and USDA program might look like. The
This provision, included in this rule,
benefits apply to rules that are discretionary aspects of CFAP (for
ensures that farmers who had lower
determined to be significant. example, determining adjusted gross
sales in 2019 than in 2018—for
The Office of Management and Budget example, those unable to plant a 2019 income (AGI) and payment limitations)
(OMB) designated this rule as crop—would not be penalized in the were designed to be consistent with
economically significant under payment calculation. Fifty-two percent established USDA and the FSA
Executive Order 12866. Therefore, OMB of sales-based applicants are projected administered programs and are not
has reviewed this rule. to prefer the use of 2018 revenue data expected to have any impact on the
The costs and benefits of this rule are (relative to 2019 data) based on analysis human environment, as CFAP payments
summarized below. The full cost benefit of USDA cash receipts data. The will only be made after the commodity
analysis is available on regulations.gov. expected cost associated with this has been produced. Accordingly, the
change is estimated at $207 million. following Categorical Exclusion in 7
Cost Benefit Analysis Summary
Upon implementation of the CFAP 2 CFR part 1b applies: § 1b.3(a)(2), which
CFAP 1 and CFAP 2 assisted rule, FSA became aware that certain applies to activities that deal solely with
producers of agricultural commodities commodities had experienced COVID– the funding of programs, such as
marketed in 2020 who faced continuing 19 market disruptions but had not been program budget proposals,
market disruptions, reduced farm-level disbursements, and the transfer or
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prices, and increased production and 1 This category includes fruits, vegetables, and reprogramming of funds. As such, the
marketing costs due to COVID–19. nuts; dry edible beans, lentils, dry edible peas, and implementation of and participation in
These additional costs are associated chickpeas; and commodities including aquaculture, CFAP do not constitute major Federal
turkeys, mink, mohair, rabbits, and others. For more
with declines in demand, surplus information, see the CFAP 2 cost-benefit assessment
actions that would significantly affect
productions, or disruptions to shipping at: https://www.farmers.gov/sites/default/files/ the quality of the human environment.
patterns and marketing channels. documents/CFAP2-CBA-09252020.pdf. Therefore, an environmental assessment
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48016 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
or environmental impact statement for Tribal governments, in the aggregate, or time per response multiplied by the
this regulatory action will not be to the private sector. UMRA generally estimated total annual responses.
prepared; this rule serves as requires agencies to consider Estimate of Respondent Burden:
documentation of the programmatic alternatives and adopt the more cost- Public reporting burden for this
environmental compliance decision for effective or least burdensome alternative information collection is estimated to
this Federal action. that achieves the objectives of the rule. average 0.43 hours per response,
This rule contains no Federal mandates, including the time for reviewing
Executive Order 12988
as defined in Title II of UMRA, for State, instructions, searching existing data
This rule has been reviewed under local, and Tribal governments or the sources, gathering and maintaining the
Executive Order 12988, ‘‘Civil Justice private sector. Therefore, this rule is not data needed and completing and
Reform.’’ This rule will not preempt subject to the requirements of sections reviewing the collections of
State or local laws, regulations, or 202 and 205 of UMRA. information.
policies unless they represent an Type of Respondents: Producers or
irreconcilable conflict with this rule. Federal Assistance Programs farmers.
Before any judicial actions may be The title and number of the Federal Estimated Annual Number of
brought regarding the provisions of this Domestic Assistance Program found in Respondents: 2,204.
rule, the administrative appeal the Catalog of Federal Domestic Estimated Number of Responses per
provisions of 7 CFR parts 11 and 780 are Assistance to which this rule applies is Respondent: 2.005.
to be exhausted. 10.132—Coronavirus Food Assistance Estimated Total Annual Responses:
Executive Order 13175 Program 2. 4,419.
Estimated Average Time per
This rule has been reviewed in Paperwork Reduction Act Response: 0.43 hours.
accordance with the requirements of In accordance with the Paperwork Estimated Annual Burden on
Executive Order 13175, ‘‘Consultation Reduction Act of 1995, FSA is Respondents: 1,892 hours.
and Coordination with Indian Tribal administering the information collection FSA is requesting comments on all
Governments.’’ Executive Order 13175 activities under a currently approved aspects of this information collection to
requires Federal agencies to consult and information collection request of OMB help us to:
coordinate with Tribes on a control number of 0560–0297. Thus, (1) Evaluate whether the collection of
government-to-government basis on there are no required changes to the information is necessary for the proper
policies that have Tribal implications, information collection request for FSA performance of the functions of FSA,
including regulations, legislative in providing assistance for contract including whether the information will
comments, or proposed legislation, and producers of eligible contract livestock have practical utility;
other policy statements or actions that and poultry and to provide additional (2) Evaluate the accuracy of the FSA’s
have substantial direct effects on one or assistance for other commodities as estimate of burden including the
more Indian Tribes, on the relationship described in this rule. validity of the methodology and
between the Federal Government and assumptions used;
Additionally, the new information
Indian Tribes, or on the distribution of (3) Enhance the quality, utility, and
collection request for the eligible grass
power and responsibilities between the clarity of the information to be
seed that will be included in the CFAP
Federal Government and Indian Tribes. collected; and
was submitted to OMB for emergency
USDA has assessed the impact of this (4) Minimize the burden of the
approval. FSA will collect and evaluate
rule on Indian Tribes and determined collection of information on those who
the application from the producers and
that this rule does not, to our are to respond, including through the
other required paperwork. Following
knowledge, have Tribal implications use of appropriate automated,
the 60-day public comment period
that required Tribal consultation under electronic, mechanical, or other
provided by this rule, FSA intends to
Executive Order 13175 at this time. If a technological collection techniques or
merge the burden hours associated with
Tribe requests consultation, the USDA other forms of information technology.
the new grass seed information All comments received in response to
Office of Tribal Relations (OTR) will
collection request (ICR) into the main this document, including names and
ensure meaningful consultation is
CFAP 2 ICR that is currently approved addresses when provided, will be a
provided where changes, additions, and
under OMB control number 0560–0297. matter of public record. Comments will
modifications are not expressly
mandated by law. Outside of Tribal Title: CFAP 2. be summarized and included in the
consultation, USDA is working with OMB Control Number: 0560–New. submission for Office of Management
Tribes to provide information about Type of Request: New Collection. and Budget approval.
CFAP additional assistance and other Abstract: This information collection
is required to support CFAP 2 USDA Non-Discrimination Policy
issues.
information collection activities to In accordance with Federal civil
Unfunded Mandates provide payments to eligible producers rights law and U.S. Department of
Title II of the Unfunded Mandates who, with respect to their agricultural Agriculture (USDA) civil rights
Reform Act of 1995 (UMRA), Public commodities, have been impacted by regulations and policies, USDA, its
Law 104–4, requires Federal agencies to the effects of the COVID–19 pandemic. Agencies, offices, and employees, and
assess the effects of their regulatory The information collection is necessary institutions participating in or
actions on State, local, and Tribal to evaluate the application and other administering USDA programs are
governments or the private sector. required paperwork for determining the prohibited from discriminating based on
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Agencies generally must prepare a producer’s eligibility and assist in the race, color, national origin, religion, sex,
written statement, including a cost producer’s payment calculations. gender identity (including gender
benefit analysis, for proposed and final For the following estimated total expression), sexual orientation,
rules with Federal mandates that may annual burden on respondents, the disability, age, marital status, family or
result in expenditures of $100 million or formula used to calculate the total parental status, income derived from a
more in any 1 year for State, local, or burden hour is the estimated average public assistance program, political
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48017
beliefs, or reprisal or retaliation for prior (2) October 12, 2021, for payments contract producers determined by
civil rights activity, in any program or issued under § 9.203. USDA for a geographic area based on
activity conducted or funded by USDA * * * * * the best available data including, but
(not all bases apply to all programs). ■ 3. Amend § 9.7 as follows:
not limited to, losses reported by
Remedies and complaint filing ■ a. Revise paragraph (a); and contract producers for the same area and
deadlines vary by program or incident. ■ b. In paragraph (b), remove the words type of livestock or poultry.
Persons with disabilities who require ‘‘in parts’’ and add ‘‘in part 718, subpart * * * * *
alternative means of communication for D, and parts’’ in their place. Eligible contract livestock or poultry
program information (for example, The revision reads as follows: means broilers, pullets, layers, poultry
Braille, large print, audiotape, American eggs, turkeys, ducks, geese, pheasants,
Sign Language, etc.) should contact the § 9.7 Miscellaneous provisions. quail, hogs, pigs, and other livestock or
responsible Agency or USDA TARGET (a) If a CFAP payment resulted from poultry types determined eligible and
Center at (202) 720–2600 or (844) 433– erroneous information provided by a announced by USDA, including
2774 (toll-free nationwide). participant, or any person acting on breeding stock of those eligible livestock
Additionally, program information may their behalf, the payment will be and poultry types.
be made available in languages other recalculated and the participant must * * * * *
than English. refund any excess payment with interest Turn means a group of eligible
To file a program discrimination calculated from the date of the contract livestock or poultry that is
complaint, complete the USDA Program disbursement of the payment. delivered to a contract producer who
Discrimination Complaint Form, AD– (1) If FSA determines that the provides labor and equipment to
3027, found online at https:// applicant intentionally misrepresented produce the livestock or poultry for the
www.usda.gov/oascr/how-to-file-a- either the total amount or applicant’s integrator or owner.
program-discrimination-complaint and share of the commodities, acres, sales, * * * * *
at any USDA office or write a letter or revenue on their application, the
■ 5. Amend § 9.202 by revising
addressed to USDA and provide in the application will be disapproved and the
applicant must refund the full payment paragraphs (b)(1) through (3) and adding
letter all the information requested in paragraphs (b)(4) and (d) to read as
the form. To request a copy of the to FSA with interest from the date of
disbursement. follows:
complaint form, call (866) 632–9992.
Submit your completed form or letter to (2) Any required refunds must be § 9.202 Eligibility.
USDA by mail to: U.S. Department of resolved in accordance with part 3 of * * * * *
Agriculture, Office of the Assistant this title. (b) * * *
Secretary for Civil Rights, 1400 * * * * * (1) Produced eligible contract
Independence Avenue SW, Washington, livestock or poultry under a contract in
DC 20250–9410 or email: OAC@ Subpart C—CFAP 2 either the 2018 or 2019 calendar year
usda.gov. and in the 2020 calendar year;
■ 4. Amend § 9.201 as follows:
USDA is an equal opportunity (2) Received revenue under such a
■ a. Add the definitions of ‘‘Average
provider, employer, and lender. contract during the period from January
revenue loss level’’ and ‘‘Eligible 1, 2020, through December 27, 2020;
List of Subjects in 7 CFR Part 9 contract livestock or poultry’’ in (3) Had a loss in eligible revenue for
alphabetical order; the period from January 1, 2020,
Agricultural commodities, ■ b. In the definition of ‘‘Eligible
Agriculture, Disaster assistance, through December 27, 2020, as
revenue’’, remove the words ‘‘broilers, compared to the period from:
Indemnity payments. pullets, layers, chicken eggs, turkeys, (i) January 1, 2018, through December
For the reasons discussed above, this hogs, or pigs’’ and add the words 27, 2018; or
final rule amends 7 CFR part 9 as ‘‘eligible contract livestock or poultry’’ (ii) January 1, 2019, through
follows: in their place; December 27, 2019; and
■ c. In the definition of ‘‘Ineligible (4) Meet all other requirements for
PART 9—CORONAVIRUS FOOD commodities’’, remove the words eligibility under this part.
ASSISTANCE PROGRAM ‘‘ineligible crops’’ and add the words * * * * *
‘‘ineligible crops other than grass seed’’ (d) Contract producers are eligible for
■ 1. The authority citation for part 9 in their place;
continues to read as follows: payment under § 9.203(m) if they:
■ d. In the definition of ‘‘Producer’’, in (1) Did not receive eligible revenue
Authority: 15 U.S.C. 714b and 714c; the second sentence, remove the word from January 1 through December 27 in
Division B, Title I, Pub. L. 116–136, 134 Stat. ‘‘Producers’’ and add the words ‘‘Except 2018 or 2019, but received eligible
505; and Division N, Title VII, Subtitle B, for contract producers, producers’’ in its revenue for the period from January 1,
Chapter 1, Pub. L. 116–260. place; 2020, through December 27, 2020; and
■ e. In the definition of ‘‘Sales-based (2) Meet all other requirements for
Subpart A—General Provisions commodities’’, remove the words ‘‘milk, eligibility under this part.
mink (including pelts);’’ and add the ■ 6. Amend § 9.203 as follows:
■ 2. Amend § 9.4 as follows:
words ‘‘milk, grass seed, mink ■ a. Revise paragraph (i);
■ a. Revise paragraphs (a)(1) and (2);
(including pelts),’’ in its place; and ■ b. In Table 2 to paragraph (j), revise
and ■ f. Add the definition of ‘‘Turn’’ in the first column heading;
■ b. Remove paragraph (a)(3). alphabetical order. ■ c. Revise paragraph (l); and
lotter on DSK11XQN23PROD with RULES1
The revisions read as follows: The additions read as follows: ■ d. Add paragraphs (m) through (o).
§ 9.4 Time and method of application.
The revisions and additions read as
§ 9.201 Definitions. follows:
(a) * * * * * * * *
(1) September 11, 2020, for payments Average revenue loss level means the § 9.203 Calculation of payments.
issued under § 9.102; and average percentage of revenue loss for * * * * *
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48018 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
(i) Payments for sales-based range in Table 2 of paragraph (j) of this such as processing and packaging, and
commodities will be: section: from sales of products purchased for
(1) Based on one of the following as (i) The sum of the amount of the resale is not included in the payment
elected by the producer: producer’s eligible sales for the sales- calculation unless determined eligible
based commodities in the applicable by the Secretary.
(i) The producer’s sales for calendar
calendar year and the producer’s crop (3) Payments for producers of sales
year 2018 and crop insurance
insurance indemnities and NAP and commodities who began farming in
indemnities and NAP and WHIP+
WHIP+ payments for the sales 2020 and had no sales in 2019,
payments for the 2018 crop year for all
commodities for the applicable crop calculated as provided in paragraph
sales-based commodities; or
year within the specified range, (i)(2) of this section, except that the
(ii) The producer’s sales for calendar multiplied by the payment rate for that payments will be based on the
year 2019 and crop insurance range in Table 2 of paragraph (j) of this producer’s actual 2020 sales, without
indemnities and NAP and WHIP+ section. crop insurance indemnities, NAP or
payments for the 2019 crop year for all (ii) Eligible sales only includes sales WHIP+ payments, as of the date the
sales-based commodities. of raw commodities grown by the producer submits an application for
(2) Equal to the sum of the results for producer; the portion of sales derived payment under this section.
the following calculation for each sales from adding value to the commodity, (j) * * *
TABLE 2 TO PARAGRAPH (J)—PAYMENT RATES FOR SALES COMMODITIES
2018 or 2019 Sales range Percent payment factor
(including crop insurance indemnities and NAP and WHIP+ payments)
* * * * * * *
* * * * * loss level, determined by USDA for a DEPARTMENT OF TRANSPORTATION
(l) For eligible contract producers, if geographic area based on the best
eligible revenue for the period from available data including, but not limited Federal Aviation Administration
January 1, 2020, through December 27, to, losses reported by other contract
2020, decreased compared to eligible producers for the same area and type of 14 CFR Part 71
revenue for the period from January 1, livestock or poultry; and [Docket No. FAA–2021–0075; Airspace
2018, through December 27, 2018, or the Docket No. 21–ASO–2]
period from January 1, 2019, through (2) The payment will be equal to:
December 27, 2019, then payments will (i) The result of the calculation in RIN 2120–AA66
be equal to: paragraph (m)(1) of this section minus
Amendment of Class E Airspace;
(1) Eligible revenue received from the contract producer’s eligible revenue
Muscle Shoals, AL
January 1, 2018, through December 27, received from January 1, 2020, through
2018, or from January 1, 2019, through December 27, 2020; multiplied by AGENCY: Federal Aviation
December 27, 2019; minus (ii) 80 percent. Administration (FAA), DOT.
(2) Eligible revenue received from ACTION: Final rule.
January 1, 2020, through December 27, (n) Payments under paragraphs (l) and
2020; multiplied by (m) of this section and the average SUMMARY: This action amends Class E
(3) 80 percent. revenue loss levels under paragraph airspace extending upward from 700
(4) USDA will adjust the eligible (m)(1) of this section will be calculated feet above the surface in Muscle Shoals,
revenue based on information certified separately for the following categories: AL, due to the decommissioning of the
by the contract producer on form AD– Muscle Shoals Very High Frequency
(1) Chickens—broilers, pullets, and
3117B for contract producers who did Omni-Directional Radio Range Tactical
layers;
not have a full period of revenue from Air Navigation Aid (VORTAC), and
January 1 to December 27 for either (2) Chicken eggs; cancellation of the associated approach
2018 or 2019, or who increased their (3) Turkeys; at Northwest Alabama Regional Airport.
operation size in 2020. Information This action also updates the airport
(4) Hogs and pigs;
required to calculate these adjustments name under the Class E surface airspace
may include a contract producer’s (5) Ducks, geese, pheasants, quail; and and makes an editorial change replacing
square footage increase to the operation (6) All other eligible poultry eggs. the term Airport/Facility Directory with
in 2020, or a contract producer’s (o) The calculations in paragraphs (l) the term Chart Supplement in the legal
production or number of turns for 2018, descriptions of associated Class E
and (m) of this section are subject to the
2019, or 2020, as applicable. airspace. Controlled airspace is
availability of funds and will be
(m) For eligible contract producers necessary for the safety and
factored, if needed. management of instrument flight rules
who did not receive eligible revenue
from January 1 through December 27 in Gloria Montaño Greene, (IFR) operations in the area.
2018 or 2019, but received eligible Deputy Under Secretary, Farm Production DATES: Effective 0901 UTC, December 2,
lotter on DSK11XQN23PROD with RULES1
revenue for the period from January 1, and Conservation, U.S. Department of 2021. The Director of the Federal
2020, through December 27, 2020: Agriculture. Register approves this incorporation by
(1) FSA will divide the eligible [FR Doc. 2021–18423 Filed 8–26–21; 8:45 am] reference action under 1 CFR part 51,
revenue received from January 1, 2020, BILLING CODE 3410–05–P
subject to the annual revision of FAA
through December 27, 2020, by the Order 7400.11 and publication of
result of 1 minus the average revenue conforming amendments.
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