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Coronavirus Food Assistance Program; Additional Assistance (rule, 86 FR 4877, January 19, 2021)

Summary

A final rule from the Office of the Secretary, USDA, published in the Federal Register on January 19, 2021 (Vol. 86, No. 11), Docket ID FSA–2020–0006, RIN 0503–AA65, amending the Coronavirus Food Assistance Program (CFAP). It amends the CFAP 1 provisions to provide additional payments for hog and pig inventory owned between April 16, 2020, and May 14, 2020. The added rate is $17 per head, for a total CFAP 1 payment rate of $34 per head for that inventory. The rule amends the CFAP 2 provisions to provide assistance for certain swine and poultry contract producers, clarify eligible sales-based commodities, add commodities eligible for payment and change the payment calculation for sales-based commodities. It states that the Consolidated Appropriations Act, 2021 (Pub. L. 116–260), signed on December 27, 2020, made several changes to CFAP.

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“Coronavirus Food Assistance Program; Additional Assistance (rule, 86 FR 4877, January 19, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/coronavirus-food-assistance-program-additional-assistance-rule-86-fr-4-08e4ded758/, SHA-256 513edad8c86e74f716d25e03086a1fd0cf2cc1eeac882980d24584a7058d8cf5.

Full text

                                                                                                                                                                                               4877

                                             Rules and Regulations                                                                                          Federal Register
                                                                                                                                                            Vol. 86, No. 11

                                                                                                                                                            Tuesday, January 19, 2021



                                             This section of the FEDERAL REGISTER                    require alternative means for                          and CFAP 2 applications from
                                             contains regulatory documents having general            communication should contact the                       September 21, 2020, through December
                                             applicability and legal effect, most of which           USDA Target Center at (202) 720–2600                   11, 2020. This rule amends the
                                             are keyed to and codified in the Code of                (voice).                                               provisions for CFAP 1 and CFAP 2 as
                                             Federal Regulations, which is published under
                                                                                                     SUPPLEMENTARY INFORMATION:                             described below.
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     Background                                             CFAP 1
                                             The Code of Federal Regulations is sold by
                                             the Superintendent of Documents.                           USDA established CFAP to assist
                                                                                                     producers of agricultural commodities                     For eligible producers of hogs and
                                                                                                     marketed in 2020 who face continuing                   pigs, CFAP 1 provided financial
                                             DEPARTMENT OF AGRICULTURE                               market disruptions, reduced farm-level                 assistance in an amount equal to the
                                                                                                     prices, and increased production and                   sum of the following two calculations:
                                             Office of the Secretary                                 marketing costs due to COVID–19 under                     • Unpriced livestock sold between
                                                                                                     authority provided by the Coronavirus                  January 15, 2020, to April 15, 2020,
                                             7 CFR Part 9                                            Aid, Relief, and Economic Security Act                 multiplied by the applicable
                                             [Docket ID: FSA–2020–0006]                              (CARES Act; Pub. L. 116–136) and                       Coronavirus Aid, Relief, and Economic
                                                                                                     sections 5(b), (d), and (e) of the                     Stability Act (CARES Act) payment rate
                                             RIN 0503–AA65                                           Commodity Credit Corporation Charter                   in 7 CFR 9.102; and
                                                                                                     Act (15 U.S.C. 714c(b), (d), and (e)).
                                             Coronavirus Food Assistance
                                                                                                     USDA implemented CFAP through two                         • Livestock inventory owned between
                                             Program; Additional Assistance                                                                                 April 16, 2020, to May 14, 2020,
                                                                                                     rounds of payments (CFAP 1 and CFAP
                                             AGENCY: Office of the Secretary,                        2). CFAP 1 was implemented through a                   multiplied by the applicable
                                             Department of Agriculture (USDA).                       final rule published in the Federal                    Commodity Credit Corporation (CCC)
                                             ACTION: Final rule.                                     Register on May 21, 2020 (85 FR 30825–                 payment rate in § 9.102.
                                                                                                     30835), with corrections published in                     This rule provides additional CFAP 1
                                             SUMMARY: The Coronavirus Food                           the Federal Register on June 12, 2020                  payments for hog and pig inventory
                                             Assistance Program (CFAP) provides                      (85 FR 35799–35800), July 10, 2020 (85                 owned between April 16, 2020, and May
                                             assistance to agricultural producers                    FR 41328–41330), August 14, 2020 (85                   14, 2020, based on a rate of $17 per head
                                             impacted by the effects of the COVID–                   FR 49593–49594), and September 21,                     (which results in a total CFAP 1
                                             19 outbreak. The Secretary of                           2020 (85 FR 59174–59175), and                          payment rate of $34 per head for that
                                             Agriculture implemented CFAP through                    documents published in the Federal
                                             two rounds of payments (CFAP 1 and                                                                             inventory including the prior $17 per
                                                                                                     Register on May 22, 2020 (85 FR 31062–
                                             CFAP 2). This rule amends the CFAP 1                                                                           head payment for CFAP 1). For the
                                                                                                     31065), June 12, 2020 (85 FR 35812),
                                             provisions to provide additional                        July 10, 2020 (85 FR 41321–41323), and                 swine (hog and pig) sector, the
                                             assistance for swine producers who                      August 14, 2020 (85 FR 49589–49593).                   inventory payment rates were
                                             previously applied for assistance during                USDA implemented CFAP 2 through a                      determined to be insufficient to alleviate
                                             the CFAP 1 application period. This                     final rule published in the Federal                    ongoing market price losses in the
                                             rule also amends the CFAP 2 provisions                  Register on September 22, 2020 (85 FR                  sector.
                                             to provide assistance for certain swine                 59380–59388).                                             This additional assistance is also
                                             and poultry contract producers, clarify                    The Consolidated Appropriations Act,                intended to help swine producers who
                                             eligible sales-based commodities, add                   2021 (Pub. L. 116–260), signed on                      face continuing market disruptions from
                                             additional commodities that are eligible                December 27, 2020, provided additional                 changes in U.S. meat consumption due
                                             for payment, change the payment                         funding and made several changes to                    to the pandemic. These disruptions are
                                             calculation for sales-based commodities,                CFAP. This rule implements a provision                 reflected in futures prices. Generic lean
                                             and change the yield used to calculate                  of the Consolidated Appropriations Act,
                                                                                                                                                            hog futures prices at the end of
                                             payment for price-trigger crops for                     2021, to amend the payment calculation
                                                                                                     for sales commodities as described                     November 2020 were 5.4 percent lower
                                             certain applicants. The change to the
                                                                                                     below.1 Other changes to CFAP in this                  than on January 2, 2020. In contrast,
                                             payment calculation for sales-based
                                                                                                     rule are discretionary changes being                   futures prices for commodities such as
                                             commodities is being made to
                                             implement a change required by the                      made in response to ongoing evaluation                 soybeans and corn have been increasing
                                             recently enacted Consolidated                           of CFAP and the need to provide                        in the second half of 2020 to levels
                                             Appropriations Act, 2021. Other                         additional assistance.                                 above those in early January of 2020.
                                             changes to CFAP in this rule are                           CFAP is administered by USDA’s                         FSA is not reopening the CFAP 1
                                             discretionary changes being made in                     Farm Service Agency (FSA). FSA                         application period. Only producers who
                                             response to ongoing evaluation of CFAP                  accepted CFAP 1 applications from May                  previously applied for CFAP 1 are
                                                                                                     26, 2020, through September 11, 2020,2




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                                             and the need to provide additional                                                                             eligible to receive this additional
                                             assistance.                                                                                                    assistance. Eligible producers do not
                                                                                                       1 Other changes to CFAP included in the
                                             DATES: Effective January 19, 2021.                      Consolidated Appropriations Act, 2021, not made        need to submit a new CFAP 1
                                             FOR FURTHER INFORMATION CONTACT:                        in this final rule will be addressed in a subsequent   application form or take any action to
                                                                                                     rulemaking.                                            receive the additional payment.
                                             Kimberly Graham; telephone: (202) 720–                    2 Certain producers in Louisiana, Oregon, and
                                             6825; email: Kimberly.Graham@                           Texas had through October 9 to apply due to
                                                                                                                                                            Producers are subject to a payment
                                             usda.gov. Persons with disabilities who                 natural disasters.                                     limitation of $250,000 for all CFAP 1


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                                             4878               Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations

                                             payments,3 including this additional                    agricultural producers impacted by                     facility, which actions increased costs
                                             assistance, as provided in § 9.7(e).                    COVID–19, including producers of                       such as producer labor, and for
                                                                                                     specialty crops, producers that supply                 additional wear and tear and water use
                                             CFAP 2
                                                                                                     local food systems (including farmers                  associated with larger animals. In
                                                In this final rule, USDA is also                     markets, restaurants, and schools), and                addition, swine and poultry contract
                                             including certain producers that raise                  livestock producers. This remaining                    producers cannot use their specialized
                                             swine and poultry (including broilers,                  CARES Act funding will assist contract                 growing facilities for other purposes to
                                             pullets, layers, chicken eggs, and                      producers facing reduced revenue due                   generate revenue as the sector works
                                             turkeys) under a production contract                    to the impacts noted above.                            through the supply chain bottlenecks.
                                             that sustained revenue losses due to                       Certain contract producers have been                   Contract producers are eligible for
                                             market disruptions and reduced                          eligible for assistance under the                      payments if they produced swine or
                                             harvesting facility output resulting from               Livestock Indemnity Program (LIP);                     poultry (including broilers, pullets,
                                             the COVID–19 outbreak. A swine or                       Emergency Assistance for Livestock,                    layers, chicken eggs, turkeys) under a
                                             poultry contract producer is one who                    Honeybees, and Farm-Raised Fish                        contract in both the 2019 and 2020
                                             produces swine or poultry owned by                      Program (ELAP); and the Livestock                      calendar years, suffered a loss in eligible
                                             someone else under a production                         Forage Disaster Program (LFP) since                    revenue for the period from January 1,
                                             contract. Not all production contracts                  these permanent supplemental disaster                  2020, through December 27, 2020, as
                                             operate the same way, so not all contract               programs were authorized in the 2008                   compared to the period from January 1,
                                             producers will be eligible. Only those                  Farm Bill (Pub. L. 110–234; 7 U.S.C.                   2019, through December 27, 2019, and
                                             producers who grow or produce an                        9081, see also 7 CFR parts 760 and                     meet all other requirements for CFAP
                                             eligible commodity under contract for or                1416). These programs provide financial                eligibility. Eligible revenue is the
                                             on behalf of another person or entity                   assistance to contract producers who are               revenue received by a contract producer
                                             and are not entitled to a share from sales              impacted by adverse weather events                     for contract production of the eligible
                                             proceeds of the commodity are eligible.                 such as hurricane, flood, blizzard,                    commodity, as reported on Internal
                                             For example, a farmer who raises                        disease, drought, or extreme cold or                   Revenue Service Form 1099. Payments
                                             chickens pursuant to a production                       heat. Including certain swine and                      to eligible contract producers will be
                                             contract where such chickens are owned                  poultry contract producers in CFAP 2                   calculated by subtracting the contract
                                             by a company that produces chicken                      parallels their inclusion in these                     producer’s eligible revenue for the
                                             products could be an eligible contract                  permanent supplemental disaster                        period from January 1, 2020, through
                                             grower if such farmer does not receive                  programs that provide financial                        December 27, 2020, from their eligible
                                             payment for chickens that die before                    assistance to contract producers due to                revenue for the period from January 1,
                                             reaching maturity or when young                         weather events that are not expected.                  2019, through December 27, 2019, and
                                             animals are not supplied to the farmer                  The impacts of a global pandemic are                   multiplying the result by 80 percent.
                                             by the company, or whose income is                      beyond normal production conditions                    This calculation is subject to the
                                             reduced when fewer young animals                        and have had a negative financial                      availability of funds and will be
                                             than normal are provided by the                         impact on swine and poultry producers                  factored, if needed. Contract producers
                                             company.                                                including those raising animals under a                must submit a complete CFAP 2
                                                USDA did not include swine and                       production contract.                                   application between January 19, 2021,
                                             poultry contract producers in CFAP 1                       USDA is including this subset of                    and February 26, 2021. Contract
                                             because the impacts to these producers                  contract producers because the COVID–                  producers are subject to a payment
                                             from COVID–19 was not known at the                      19 global pandemic not only disrupted
                                                                                                                                                            limitation of $250,000 for all CFAP 2
                                                                                                     protein markets as consumer
                                             time the rule was published in the                                                                             payments,4 including any CFAP 2
                                                                                                     consumption abruptly shifted from food
                                             Federal Register on May 21, 2020. The                                                                          payments received for other
                                                                                                     service to home preparation, but also
                                             impacts from COVID–19 on contract                                                                              commodities not grown under a
                                                                                                     reduced harvesting facility output
                                             producers such as delayed delivery of                                                                          contract, as provided in § 9.7(e).
                                                                                                     because of COVID–19 outbreaks among                       USDA has determined that producers
                                             young poultry and hogs to contract
                                                                                                     the workforce and when facilities
                                             producers, decreased housing densities,                                                                        of pullets, water buffalo, yak, and
                                                                                                     reduced processing capacity to ensure
                                             additional costs for keeping animals                                                                           turfgrass sod face continuing market
                                                                                                     worker health. Swine and poultry
                                             longer than typical durations, and                                                                             disruptions, low farm-level prices, and
                                                                                                     contract producers provided data and
                                             damage caused by animals too large for                                                                         significant marketing costs associated
                                                                                                     other information to USDA to illustrate
                                             housing, were known when USDA                                                                                  with the COVID–19 outbreak, similar to
                                                                                                     the impact of these coronavirus
                                             published the rule implementing CFAP                                                                           producers of commodities that were
                                                                                                     disruptions on their operations. The
                                             2 in the Federal Register on September                                                                         previously determined to be eligible for
                                                                                                     impacts of slowdowns and shutdowns
                                             22, 2020. However, those producers                                                                             CFAP 2 assistance. As a result, USDA is
                                                                                                     at processing facilities in late spring and
                                             could not be included since CFAP 2                                                                             amending the definitions of ‘‘Other
                                                                                                     early summer are still being felt in the
                                             payments were issued using funds                        poultry and swine industry. In some                    livestock’’ and ‘‘Sales-based
                                             authorized under CCC Charter Act (15                    instances, companies managed and                       commodities’’ in § 9.201 to include
                                             U.S.C. 714c(b), (d), and (e)) to assist                 continue to manage the lack of harvest                 those commodities. USDA will reopen
                                             with the transition to a more orderly                   capacity by reducing or eliminating new                signup specifically for pullets, turfgrass
                                             marketing system, and swine and                         production, which means that contract                  sod, and contract growers on January 19,
                                             poultry contract producers do not                       producers had fewer animals to produce                 2021. through February 26, 2021. The




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                                             ordinarily market the animals they raise.               under contract per cycle or did not have               change to accept applications for water
                                             CARES funding, as authorized, remains                   young animals delivered by the                         buffalo and yak was previously
                                             available until expended to support                     company for some periods. In other                     implemented by USDA; therefore, the
                                               3 Corporations, limited liability companies,
                                                                                                     situations, companies required some                      4 Corporations, limited liability companies,

                                             limited partnerships, trusts, and estates may qualify
                                                                                                     contract producers to keep animals                     limited partnerships, trusts, and estates may qualify
                                             for an increased CFAP 1 payment limitation. See 7       longer than they typically keep them                   for an increased CFAP 2 payment limitation. See 7
                                             CFR 9.7(e).                                             before shipping them to the harvesting                 CFR 9.7(e).



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                                                               Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations                                          4879

                                             deadline is not extended for those                      rule is not extending the CFAP 2                       have been physically located in the
                                             livestock types. USDA is also amending                  deadline for producers of sales-based                  United States for CFAP 2, which was
                                             the definition of ‘‘Other livestock’’ to                commodities who did not previously                     inadvertently omitted from the previous
                                             clarify that reptiles and bees are                      apply for CFAP 2, except for producers                 final rule. These corrections do not
                                             ineligible.                                             of pullets and turfgrass sod as described              affect administration of CFAP 2.
                                                This rule also amends the definition                 above.                                                    The changes in this document are
                                             of ‘‘Other livestock’’ in § 9.201 to clarify               USDA is also amending the                           consistent with our original intent in
                                             that by-products of live animals                        calculation for price-trigger                          creating and administering CFAP 2 and
                                             included as ‘‘Other livestock’’ are                     commodities. As published on                           are not expected to increase expected
                                             eligible for CFAP 2. As provided in                     September 22, 2020, payments are                       costs beyond the original approved
                                             § 9.203(i)(1), the payment calculation for              calculated using the 2019 Agriculture                  amount.
                                             sales-based commodities is based on                     Risk Coverage-County Option (ARC–CO)
                                                                                                                                                            Notice and Comment and Effective Date
                                             sales of raw commodities; the portion of                benchmark yield multiplied by 85
                                             sales derived from adding value to the                  percent when FSA is unable to obtain a                    The Administrative Procedure Act
                                             commodity, such as processing and                       2020 actual production history (APH)                   (APA, 5 U.S.C. 553(a)(2)) provides that
                                             packaging, is not included when                         approved yield. This rule amends the                   the notice and comment and 30-day
                                             calculating a payment. For example,                     calculation to use 100 percent of the                  delay in the effective date provisions do
                                             sales of alpaca fleece would be included                ARC–CO benchmark yield when the                        not apply when the rule involves
                                             for payment calculation; however, if the                applicant:                                             specified actions, including matters
                                             alpaca fleece is further processed into                    • Has coverage for the crop under an                relating to benefits. This rule governs
                                             alpaca yarn prior to sale, the portion of               Area Risk Protection Insurance Plan,                   CFAP for payments to certain
                                             the sale price derived from that                        Margin Protection Plan, Stacked Income                 commodity producers and therefore
                                             processing is not included. Eligible by-                Protection Plan, Supplemental Coverage                 falls within the benefits exemption.
                                             products of other livestock do not                      Option, or Whole-Farm Revenue                             The Office of Management and Budget
                                             include eggs that are sold to be hatched                Protection Plan under the Federal Crop                 (OMB) designated this rule as major
                                             for breeding stock. This change was                     Insurance Act (7 U.S.C. 1501–1524);                    under the Congressional Review Act
                                             previously implemented by USDA;                            • Is a landlord of the applicable                   (CRA), as defined by 5 U.S.C. 804(2).
                                             therefore, the deadline is not extended                 acreage and their share of the crop is                 Section 808 of the CRA allows an
                                             for by-products of ‘‘Other livestock.’’                 insured by the tenant under a policy or                agency to make a major regulation
                                                USDA is amending the payment                         plan of insurance under the Federal                    effective immediately if the agency finds
                                             calculation for sales-based commodities                 Crop Insurance Act;                                    there is good cause to do so. The
                                             to include the amount of crop insurance                    • Is a tenant of the applicable acreage             beneficiaries of this rule have been
                                             indemnities received and payments                       and their share of the crop is insured by              significantly impacted by the COVID–19
                                             made under the Noninsured Crop                          the landlord under a policy or plan of                 outbreak, which has resulted in
                                             Disaster Assistance Program (NAP) and                   insurance under the Federal Crop                       significant declines in demand and
                                             the Wildfires and Hurricanes Indemnity                  Insurance Act; or                                      market disruptions. USDA finds that
                                             Program Plus (WHIP+) payments for                          • Is a joint venture and the crop is                notice and public procedure are
                                             crop year 2019 in addition to the                       insured by one of the members under a                  contrary to the public interest.
                                             amount of the producer’s 2019 sales, as                 policy or plan of insurance under the                  Therefore, even though this rule is a
                                             required by the Consolidated                            Federal Crop Insurance Act.                            major rule for purposes of the
                                             Appropriations Act, 2021. CFAP 2 uses                      In these situations, FSA does not have              Congressional Review Act, USDA is not
                                             a producer’s 2019 sales as an                           2020 APH approved yield for the CFAP                   required to delay the effective date for
                                             approximation of the amount of what                     2 applicant because the insurance plan                 60 days from the date of publication to
                                             the producer would expect to market in                  does not require calculation of an APH                 allow for Congressional review.
                                             2020. This change is intended to more                   approved yield or because the record of                Accordingly, this rule is effective upon
                                             accurately represent what a producer                    the APH approved yield would not be                    publication in the Federal Register.
                                             would expect to have marketed in 2020                   associated with the CFAP 2 applicant.
                                                                                                     However, the crop was insured in these                 Executive Orders 12866, 13563, and
                                             by taking into account commodities that
                                                                                                     situations and using 100 percent of the                13777
                                             would have been marketed in 2019 if
                                             not for losses covered by crop                          ARC–CO benchmark yield is intended                       Executive Order 12866, ‘‘Regulatory
                                             insurance, NAP or WHIP+. For                            to treat producers with crop insurance                 Planning and Review,’’ and Executive
                                             producers who began farming in 2020                     coverage but without an available 2020                 Order 13563, ‘‘Improving Regulation
                                             and had no sales in 2019, CFAP 2                        APH approved yield in a more favorable                 and Regulatory Review,’’ direct agencies
                                             payments will continue to be based on                   way to other producers who had crop                    to assess all costs and benefits of
                                             the farmer’s actual 2020 sales, without                 insurance. All applicants affected by                  available regulatory alternatives and, if
                                             inclusion of crop insurance indemnities                 this change were previously eligible                   regulation is necessary, to select
                                             or NAP or WHIP+ payments, since                         under the original rule; therefore, this               regulatory approaches that maximize
                                             payments are based on the actual crop                   rule is not extending the CFAP 2                       net benefits (including potential
                                             that incurred marketing costs and was                   deadline for those producers who did                   economic, environmental, public health
                                             impacted by market disruptions and low                  not previously apply for CFAP 2.                       and safety effects, distributive impacts,
                                             farm-level prices. Producers of eligible                Applicants affected by this change must                and equity). Executive Order 13563
                                             sales-based commodities who applied                     contact FSA to have their payment                      emphasized the importance of




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                                             for CFAP 2 before the December 11,                      recalculated using 100 percent of the                  quantifying both costs and benefits, of
                                             2020, application deadline and received                 ARC–CO benchmark yield.                                reducing costs, of harmonizing rules,
                                             crop insurance indemnities or NAP or                       This document also makes minor                      and of promoting flexibility. The
                                             WHIP+ payments for the 2019 crop year                   corrections to the definitions of ‘‘fruits’’           requirements in Executive Orders 12866
                                             may amend their CFAP 2 applications                     and ‘‘tree nuts’’ in § 9.201 and to the                and 13573 for the analysis of costs and
                                             from January 19, 2021, through February                 calculation in § 9.202(c). In § 9.1, it adds           benefits apply to rules that are
                                             26, 2021, to include those amounts. This                the applicable date that livestock must                determined to be significant. Executive


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                                             4880                    Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations

                                             Order 13777, ‘‘Enforcing the Regulatory                                    costs due to COVID–19. These                                                 payments. These payments are
                                             Reform Agenda,’’ established a federal                                     additional costs are associated with                                         authorized by the CCC Charter Act
                                             policy to alleviate unnecessary                                            declines in demand, surplus                                                  (section 5 (b), (d) and (e)).
                                             regulatory burdens on the American                                         production, or disruptions to shipping                                          Estimated gross outlays for CFAP
                                             people.                                                                    patterns and marketing channels.                                             Additional Assistance are estimated at
                                               The Office of Management and Budget                                         As mentioned above, in implementing                                       $3.10 billion (see Table 1). After taking
                                             (OMB) designated this rule as                                              the CFAP 1 and CFAP 2, FSA received                                          into account payment limitations, net
                                             economically significant under                                             feedback from local office staff and the                                     outlays are estimated at $2.28 billion.
                                             Executive Order 12866 and therefore,                                       agricultural industry. As a result,                                          Payments to contract swine, chicken,
                                             OMB has reviewed this rule.                                                additional CFAP assistance and other                                         egg, and turkey producers account for
                                               In general response to the                                               changes are being made to provide                                            87 percent of the total.
                                             requirements of Executive Order 13777,                                     assistance to additional growers that
                                             USDA created a Regulatory Reform Task                                      suffered COVID-related revenue losses,                                          FSA, which implemented CFAP 1 and
                                             Forces, and USDA agencies were                                             to ensure that calculations most                                             2, will start accepting CFAP Additional
                                             directed to remove barriers, reduce                                        accurately reflect sales, to provide                                         Assistance applications for contract
                                             burdens, and provide better customer                                       equitable producer treatment, and to                                         producers and turfgrass sod and pullet
                                             service both as part of the regulatory                                     clarify certain provisions appearing in                                      producers on January 19, 2021.
                                             reform of existing regulations and as an                                   CFAP 2.                                                                      Producers who did not apply by the
                                             on-going approach. USDA reviewed this                                         These changes (referred to as ‘‘CFAP                                      CFAP 1 deadline (September 11, 2020)
                                             regulation and made changes to provide                                     Additional Assistance’’), along with the                                     are not eligible for the swine top-up
                                             better customer service. The costs and                                     associated gross and net estimated                                           payment.
                                             benefits of this rule are summarized                                       outlays, are shown in Table 1 (at the end                                       Net payments represent benefits to
                                             below. The full cost benefit analysis is                                   of this section). Payments for item 1 (the                                   producers, which is the government cost
                                             available on regulations.gov.                                              ‘‘top up’’ for swine producers) and item                                     of the program. Outlays shown in Table
                                                                                                                        2 (payments to contract livestock                                            1 are estimated at expected maximum
                                             Cost Benefit Analysis Summary                                              producers) will draw on CARES                                                levels. Some producers must take
                                               CFAP 1 and CFAP 2 assist producers                                       funding. Payments for items 3, 4, and 5                                      additional actions under this rule if they
                                             of agricultural commodities marketed in                                    in Table 1 (all payments referenced as                                       are interested in receiving benefits.
                                             2020 who face continuing market                                            CFAP 2 payments or modified CFAP 2                                           These producers realize administrative
                                             disruptions, reduced farm-level prices,                                    payments) draw on CCC funding that                                           costs associated with participation,
                                             and increased production and marketing                                     remains given CFAP 1 and CFAP 2                                              which are estimated at $4.15 million.

                                                           TABLE 1—SUMMARY OF CFAP ADDITIONAL ASSISTANCE REGULATORY CHANGES AND ESTIMATED COSTS
                                                                                                                                                                                                      Gross estimated                 Net estimated outlays
                                                                                                                 Item                                                                                      outlays                         (in billion $)
                                                                                                                                                                                                        (in billion $)

                                             Item 1—Provide a ‘‘top up’’ inventory payment to swine producers eligible for CFAP 1 ............                                                    $0.81 ...........................   $0.15.
                                             Item 2—Assist contract producers of swine, chickens, eggs, and turkeys ..................................                                            $1.98 ...........................   $1.98.
                                             Item 3—Include turfgrass sod, pullets, and by-products of live animals as ‘‘sales-based com-                                                         $0.21 ...........................   $0.10.
                                                modities’’ for CFAP 2 eligibility.
                                             Item 4—Include 2019 crop insurance indemnities and 2019 NAP WHIP+ payments to the pro-                                                               $0.08 ...........................   $0.03.
                                                ducer’s 2019 sales to compute CFAP 2 payments.
                                             Item 5—Change the calculation for price-trigger commodities with respect to ARC–CO ...........                                                       $0.02 ...........................   $0.02.
                                             Item 6—Clarify that reptiles and bees are ineligible for CFAP 2 .................................................                                    No change in outlays ..             No change in outlays.
                                             Item 7—Make minor corrections to the definitions of ‘‘fruits’’ and ‘‘tree nuts’’ in §§ 9.201 and                                                     No change in outlays ..             No change in outlays.
                                                9.202(c).

                                                  Total .......................................................................................................................................   $3.10 ...........................   $2.28.



                                             Regulatory Flexibility Act                                                 proposed rule be published for this                                          economic or social effects are not
                                                The Regulatory Flexibility Act (5                                       rulemaking initiative.                                                       intended by themselves to require
                                             U.S.C. 601–612), as amended by the                                         Environmental Review                                                         preparation of an environmental impact
                                             Small Business Regulatory Enforcement                                                                                                                   statement’’ when not interrelated to
                                             Fairness Act of 1996 (SBREFA),                                                The environmental impacts of this                                         natural or physical environmental
                                             generally requires an agency to prepare                                    final rule have been considered in a                                         effects (see 40 CFR 1502.16(b)). CFAP
                                             a regulatory analysis of any rule                                          manner consistent with the provisions                                        was designed to avoid skewing planting
                                             whenever an agency is required by APA                                      of the National Environmental Policy                                         decisions. Producers continue to make
                                             or any other law to publish a proposed                                     Act (NEPA, 42 U.S.C. 4321–4347), the                                         their planting and production decisions
                                             rule, unless the agency certifies that the                                 regulations of the Council on                                                with the market signals in mind, rather
                                             rule will not have a significant                                           Environmental Quality (40 CFR parts                                          than any expectation of what a new




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                                             economic impact on a substantial                                           1500–1508), and because USDA will be                                         USDA program might look like. The
                                             number of small entities. This rule is                                     making the payments to producers the                                         discretionary aspects of CFAP (for
                                             not subject to the Regulatory Flexibility                                  USDA regulations for compliance with                                         example, determining AGI and payment
                                             Act because as noted above, this rule is                                   NEPA (7 CFR part 1b).                                                        limitations) were designed to be
                                             exempt from notice and comment                                                Although OMB has designated this                                          consistent with established USDA and
                                             rulemaking requirements of the APA                                         rule as ‘‘economically significant’’                                         the CCC programs and are not expected
                                             and no other law requires that a                                           under Executive Order 12866, ‘‘. . .                                         to have any impact on the human


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                                                               Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations                                               4881

                                             environment, as CFAP payments will                      consultation with the States is not                    Assistance to which this rule applies
                                             only be made after the commodity has                    required.                                              are:
                                             been produced. Accordingly, the                                                                                10.130—Coronavirus Food Assistance
                                                                                                     Executive Order 13175
                                             following Categorical Exclusion in 7                                                                             Program 1
                                             CFR part 1b applies: § 1b.3(a)(2), which                   This rule has been reviewed in
                                                                                                     accordance with the requirements of                    10.132—Coronavirus Food Assistance
                                             applies to activities that deal solely with                                                                      Program 2
                                             the funding of programs, such as                        Executive Order 13175, ‘‘Consultation
                                             program budget proposals,                               and Coordination with Indian Tribal                    Paperwork Reduction Act
                                             disbursements, and the transfer or                      Governments.’’ Executive Order 13175
                                                                                                     requires Federal agencies to consult and                 FSA is requesting emergency approval
                                             reprogramming of funds. As such, the                                                                           on the additional information collection
                                             implementation of and participation in                  coordinate with Tribes on a
                                                                                                     government-to-government basis on                      required for this rule for CFAP to
                                             CFAP do not constitute major Federal                                                                           provide assistance for contract
                                             actions that would significantly affect                 policies that have Tribal implications,
                                                                                                     including regulations, legislative                     producers of chickens, eggs, turkeys,
                                             the quality of the human environment.
                                                                                                     comments or proposed legislation, and                  and swine and to provide additional
                                             Therefore, an environmental assessment
                                                                                                     other policy statements or actions that                assistance for other commodities as
                                             or environmental impact statement for
                                                                                                     have substantial direct effects on one or              clarified in this rule. The additional
                                             this regulatory action, will not be
                                                                                                     more Indian Tribes, on the relationship                assistance for swine producers who
                                             prepared; this rule serves as
                                                                                                     between the Federal Government and                     previously applied for assistance under
                                             documentation of the programmatic
                                                                                                     Indian Tribes, or on the distribution of               0560–0297 does not require any new
                                             environmental compliance decision for
                                                                                                     power and responsibilities between the                 information collection. All of the
                                             this Federal action.
                                                                                                     Federal Government and Indian Tribes.                  information collection uses forms
                                             Executive Order 12372                                      USDA has assessed the impact of this                currently approved under 0560–0297.
                                                Executive Order 12372,                               rule on Indian Tribes and determined                   E-Government Act Compliance
                                             ‘‘Intergovernmental Review of Federal                   that this rule does not, to our
                                             Programs,’’ requires consultation with                  knowledge, have Tribal implications                      USDA is committed to complying
                                             State and local officials that would be                 that required Tribal consultation under                with the E-Government Act to promote
                                             directly affected by proposed Federal                   Executive Order 13175 at this time. If a               the use of the internet and other
                                             financial assistance. The objectives of                 Tribe requests consultation, the USDA                  information technologies to provide
                                             the Executive order are to foster an                    Office of Tribal Relations (OTR) will                  increased opportunities for citizen
                                             intergovernmental partnership and a                     ensure meaningful consultation is                      access to Government information and
                                             strengthened federalism, by relying on                  provided where changes, additions, and                 services, and for other purposes.
                                             State and local processes for State and                 modifications are not expressly                        List of Subjects in 7 CFR Part 9
                                             local government coordination and                       mandated by law. Outside of Tribal
                                             review of proposed Federal financial                    consultation, USDA is working with                       Agricultural commodities,
                                             assistance and direct Federal                           Tribes to provide information about                    Agriculture, Disaster assistance,
                                             development. For reasons specified in                   CFAP additional assistance and other                   Indemnity payments.
                                             the final rule related notice regarding 7               issues.                                                   For the reasons discussed above, this
                                             CFR part 3015, subpart V (48 FR 29115,                                                                         final rule amends 7 CFR part 9 as
                                                                                                     Unfunded Mandates
                                             June 24, 1983), the programs and                                                                               follows:
                                             activities in this rule are excluded from                  Title II of the Unfunded Mandates
                                             the scope of Executive Order 12372.                     Reform Act of 1995 (UMRA, Pub. L.                      PART 9—CORONAVIRUS FOOD
                                                                                                     104–4) requires Federal agencies to                    ASSISTANCE PROGRAM
                                             Executive Order 12988                                   assess the effects of their regulatory
                                                This rule has been reviewed under                    actions of State, local, and Tribal                    ■ 1. Revise the authority citation for part
                                             Executive Order 12988, ‘‘Civil Justice                  governments or the private sector.                     9 to read as follows:
                                             Reform.’’ This rule will not preempt                    Agencies generally must prepare a                        Authority: 15 U.S.C. 714b and 714c;
                                             State or local laws, regulations, or                    written statement, including cost                      Division B, Title I, Pub. L. 116–136, 134 Stat.
                                             policies unless they represent an                       benefits analysis, for proposed and final              505; and Division N, Title VII, Subtitle B,
                                             irreconcilable conflict with this rule.                 rules with Federal mandates that may                   Chapter 1, Pub. L. 116–260.
                                             Before any judicial actions may be                      result in expenditures of $100 million or
                                             brought regarding the provisions of this                more in any 1 year for State, local or                 Subpart A—General Provisions
                                             rule, the administrative appeal                         Tribal governments, in the aggregate, or
                                                                                                                                                            ■ 2. In § 9.1, revise paragraphs (a)(1) and
                                             provisions of 7 CFR parts 11 and 780 are                to the private sector. UMRA generally
                                             to be exhausted.                                        requires agencies to consider                          (2) to read as follows:
                                                                                                     alternatives and adopt the more cost                   § 9.1   Applicability and administration.
                                             Executive Order 13132
                                                                                                     effective or least burdensome alternative
                                               This rule has been reviewed under                                                                               (a) * * *
                                                                                                     that achieves the objectives of the rule.
                                             Executive Order 13132, ‘‘Federalism.’’                  This rule contains no Federal mandates,                   (1) For assistance under subpart B of
                                             The policies contained in this rule do                  as defined in Title II of UMRA, for State,             this part:
                                             not have any substantial direct effect on               local and Tribal governments or the                       (i) On January 15, 2020, and
                                             States, on the relationship between the                 private sector. Therefore, this rule is not            remaining in the United States until




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                                             Federal Government and the States, or                   subject to the requirements of sections                sold, for livestock sold between January
                                             on the distribution of power and                        202 and 205 of UMRA.                                   15, 2020, and April 15, 2020; or
                                             responsibilities among the various                                                                                (ii) On the applicable date selected for
                                             levels of government, except as required                Federal Assistance Programs                            livestock in inventory between April 16,
                                             by law. Nor does this rule impose                         The titles and numbers of the Federal                2020, and May 14, 2020; and
                                             substantial direct compliance costs on                  Domestic Assistance Programs found in                     (2) For assistance under subpart C of
                                             State and local governments. Therefore,                 the Catalog of Federal Domestic                        this part, on the applicable date selected


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                                             4882              Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations

                                             for livestock in inventory between April                ■ i. Add the definition of ‘‘WHIP+’’ in                section 196 of the Federal Agriculture
                                             16, 2020, and August 31, 2020.                          alphabetical order.                                    Improvement and Reform Act of 1996 (7
                                             *      *    *      *      *                               The additions and revisions read as                  U.S.C. 7333) and part 1437 of this title.
                                             ■ 3. Amend § 9.4 as follows:
                                                                                                     follows.                                               *      *    *     *     *
                                             ■ a. In paragraph (a)(1), remove ‘‘of this              § 9.201    Definitions.                                   Other livestock means any of the
                                             part; and’’ and add a semicolon in its                  *     *     *     *     *                              following livestock: Animals
                                             place;                                                    Contract producer means a producer                   commercially raised for food, fur, fiber,
                                             ■ b. Revise paragraph (a)(2);                           who grows or produces an eligible                      or feathers, including alpacas, bison,
                                             ■ c. Add paragraph (a)(3); and                                                                                 buffalo, beefalo, deer, ducks, elk, emus,
                                                                                                     commodity under contract for or on
                                             ■ d. In paragraph (d), remove the                                                                              geese, goats, guinea pigs, llamas, mink,
                                                                                                     behalf of another person or entity. The
                                             reference to ‘‘§ 9.202(a) or (b)’’ and add              contract producer does not have                        ostrich, pheasants, pullets, quail,
                                             ‘‘§ 9.203(a) or (b)’’ in its place.                     ownership in the commodity and is not                  rabbits, reindeer, turkey, water buffalo,
                                                The revision and addition read as                                                                           and yak. It includes by-products of
                                                                                                     entitled to a share from sales proceeds
                                             follows:                                                                                                       those live animals (such as fleece). It
                                                                                                     of the commodity.
                                             § 9.4   Time and method of application.                   Crop insurance means an insurance                    excludes all equine, reptiles, bees,
                                                                                                     policy reinsured by Federal Crop                       breeding stock (including eggs to be
                                                (a) * * *
                                                                                                     Insurance Corporation under the                        hatched for breeding stock), companion
                                                (2) December 11, 2020, for payments
                                                                                                     provisions of the Federal Crop                         or comfort animals, pets, and animals
                                             issued under § 9.203, except for
                                                                                                     Insurance Act, as amended. It does not                 raised for hunting or game purposes.
                                             applications for pullets, turfgrass sod,
                                             and contract producers; and                             include private plans of insurance.                    *      *    *     *     *
                                                (3) February 26, 2021, for payments                  *     *     *     *     *                                 Pullet means a young female chicken
                                             issued under § 9.203 for applications for                 Eligible revenue means the revenue                   that has not laid an egg.
                                             pullets, turfgrass sod, and contract                    received by a contract producer for                    *      *    *     *     *
                                             producers.                                              contract production of broilers, pullets,                 Tree nuts means any of the following
                                             *      *    *     *     *                               layers, chicken eggs, turkeys, hogs, or                tree nuts: Almonds, carob, cashew,
                                                                                                     pigs, as reported on Internal Revenue                  chestnuts, coffee, hazel nuts, jojoba,
                                             Subpart C—CFAP 1                                        Service Form 1099.                                     macadamia nuts, pecans, pine nuts,
                                                                                                     *     *     *     *     *                              pistachios, and walnuts.
                                             ■ 4. Amend § 9.102 as follows:                            Fruits means any of the following
                                             ■ a. In paragraph (d) introductory text,
                                                                                                                                                            *      *    *     *     *
                                                                                                     fruits: Abiu, acerola (Barbados cherry),                  WHIP+ means the Wildfires and
                                             remove the word ‘‘two’’ and add the                     achachairu, antidesma, apples, apricots,
                                             word ‘‘three’’ in its place;                                                                                   Hurricanes Indemnity Program Plus
                                                                                                     aronia (chokeberry), atemoya (custard
                                             ■ b. In paragraph (d)(1), remove the                                                                           (WHIP+) under part 760, subpart O, of
                                                                                                     apple), avocados, bananas, blueberries,
                                             word ‘‘and’’;                                                                                                  this title.
                                                                                                     breadfruit, cacao, caimito, calabaza
                                             ■ c. In paragraph (d)(2), remove the                    melon, canary melon, canary seed,                      § 9.202   [Redesignated as § 9.203]
                                             period and add ‘‘; and’’ in its place;                  caneberries, canistel, cantaloupes,
                                             ■ d. Add paragraph (d)(3).                                                                                     ■ 6. Redesignate § 9.202 as § 9.203.
                                                                                                     carambola (star fruit), casaba melon,
                                               The addition reads as follows:                        cherimoya (sugar apple), cherries,                     ■ 7. Add new § 9.202 to read as follows:

                                             § 9.102   Calculation of payments.                      Chinese bitter melon, citron, citron                   § 9.202   Eligibility.
                                                                                                     melon, coconuts, cranberries, crenshaw
                                             *     *    *    *     *                                                                                           (a) Producers, excluding contract
                                                                                                     melon, dates, donaqua (winter melon),
                                               (d) * * *                                                                                                    producers, are eligible for payment
                                                                                                     durian, elderberries, figs, genip,
                                               (3) Hog and pig inventory owned                                                                              under § 9.203(a) through (i) if they meet
                                                                                                     gooseberries, grapefruit, grapes, ground
                                             between April 16, 2020, to May 14,                                                                             all other requirements for eligibility
                                                                                                     cherry, guamabana (soursop), guava,
                                             2020, multiplied by a payment rate of                                                                          under this part.
                                                                                                     guavaberry, honeyberries, honeydew,
                                             $17 per head.                                                                                                     (b) Contract producers are not eligible
                                                                                                     huckleberries, Israel melons, jack fruit,
                                             *     *    *    *     *                                 jujube, juneberries, kiwiberry, kiwifruit,             for payment under § 9.203(a) through (i).
                                                                                                     Korean golden melon, kumquats,                         Contract producers are eligible for
                                             Subpart C—CFAP 2                                                                                               payment under § 9.203(l) if they:
                                                                                                     langsat, lemons, limequats, limes,
                                                                                                     longan, loquats, lychee, mangos,                          (1) Produced broilers, pullets, layers,
                                             ■ 5. Amend § 9.201 as follows:
                                             ■ a. Add the definitions of ‘‘Contract                  mangosteen, mayhaw berries, mesple,                    chicken eggs, turkeys, hogs, or pigs
                                             producer’’, ‘‘Crop insurance’’, and                     mulberries, nectarines, noni, olives,                  under a contract in both the 2019 and
                                             ‘‘Eligible revenue’’ in alphabetical order;             oranges, papaya, passion fruits,                       2020 calendar years and received
                                             ■ b. Revise the definition of ‘‘Fruits’’;               pawpaw, peaches, pears, persimmons,                    revenue under such a contract during
                                             ■ c. Add the definitions of ‘‘Layer’’ and               pineapple, pitaya (dragon fruit),                      the period from January 1, 2020,
                                             ‘‘NAP’’ in alphabetical order;                          plantain, plumcots, plums,                             through December 27, 2020;
                                             ■ d. Revise the definition of ‘‘Other                   pomegranates, prunes, pummelo,                            (2) Had a loss in eligible revenue for
                                             livestock’’;                                            quinces, raisins, rambutan, sapodilla,                 the period from January 1, 2020,
                                             ■ e. In the definition of ‘‘Producer’’,                 sapote, schizandra berries, sprite melon,              through December 27, 2020, as
                                             remove the second sentence;                             star gooseberry, strawberries, tangelos,               compared to the period from January 1,
                                             ■ f. Add the definition of ‘‘Pullet’’ in                tangerines, tangors, wampee,                           2019, through December 27, 2019; and




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                                             alphabetical order;                                     watermelon, wax jamboo fruit, and                         (3) Meet all other requirements for
                                             ■ g. In the definition of ‘‘Sales-based                 wolfberry (goji).                                      eligibility under this part.
                                             commodities’’, remove the words ‘‘and                   *     *     *     *     *                                 (c) Contract producers must provide a
                                             wool’’ and add the words ‘‘wool, and                      Layer means a chicken producing                      copy of their contract pursuant to which
                                             turfgrass sod’’ in their place;                         table or commercial type shell eggs.                   they raised an eligible commodity as
                                             ■ h. Revise the definition of ‘‘Tree                      NAP means the Noninsured Crop                        specified in paragraph (b)(1) of this
                                             nuts’’; and                                             Disaster Assistance Program under                      section and provide documentation to


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                                                               Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations                                            4883

                                             support the information provided on                        (ii) The 2019 Agriculture Risk                      DEPARTMENT OF ENERGY
                                             their application if requested by FSA.                  Coverage-County Option (ARC–CO)
                                             ■ 8. Amend newly redesignated § 9.203                   benchmark yield multiplied by 85                       10 CFR Part 430
                                             as follows:                                             percent for all other applicants.                      [EERE–2020–BT–STD–0001]
                                             ■ a. Revise paragraph (a)(3);
                                                                                                        (4) ARC–CO yields in paragraph (a)(3)
                                             ■ b. Add paragraph (a)(4);                                                                                     RIN 1904–AE86
                                             ■ c. In paragraph (c), remove the words
                                                                                                     of this section for producers growing a
                                             ‘‘producer multiplied’’ and add the                     crop in multiple counties will be                      Energy Conservation Program:
                                             words ‘‘producer, multiplied’’ in their                 weighted based on the producer’s crop                  Establishment of New Product Classes
                                             place;                                                  acreage physically located in each                     for Residential Clothes Washers and
                                             ■ d. Revise paragraph (i)(1);                           county.                                                Consumer Clothes Dryers; Correction
                                             ■ e. In paragraph (i)(2), remove the                    *       *     *    *     *
                                             words ‘‘sales as’’ and add the words                                                                           AGENCY: Office of Energy Efficiency and
                                             ‘‘sales, without crop insurance                            (i)(1) Payments for sales commodities               Renewable Energy, Department of
                                             indemnities and NAP and WHIP+                           will be equal to the sum of the results                Energy.
                                             payments, as’’ in their place;                          for the following calculation for each                 ACTION: Final rule; correction.
                                             ■ f. In the heading of the first column                 2019 sales range in Table 2 of paragraph
                                             of Table 2 to paragraph (j), add                        (j) of this section: The sum of the                    SUMMARY: On December 16, 2020, the
                                             ‘‘(including crop insurance indemnities                 amount of the producer’s eligible sales                U.S. Department of Energy (‘‘DOE’’)
                                             and NAP and WHIP+ payments)’’                           for the sales commodities in calendar                  published a final rule establishing
                                             immediately after ‘‘2019 Sales range’’;                 year 2019 and the producer’s crop                      separate product classes for top-loading
                                             and                                                     insurance indemnities and NAP and                      consumer clothes washers and
                                             ■ g. Add paragraph (l).                                 WHIP+ payments for the sales                           consumer clothes dryers that offer cycle
                                                The additions and revision read as                   commodities for the 2019 crop year                     times for a normal cycle of less than 30
                                             follows:                                                within the specified range, multiplied                 minutes, and for front-loading
                                                                                                     by the payment rate for that range in                  residential clothes washers that offer
                                             § 9.203   Calculation of payments.
                                                                                                     Table 2 of paragraph (j) of this section.              cycle times for a normal cycle of less
                                               (a) * * *                                                                                                    than 45 minutes. This correction
                                               (3) Under paragraph (a) of this                       Eligible sales only includes sales of raw
                                                                                                     commodities grown by the producer; the                 responds to specific comments
                                             section, eligible acres include the
                                                                                                                                                            submitted by the Pacific Gas and
                                             producer’s share of the determined                      portion of sales derived from adding
                                                                                                                                                            Electric Company (‘‘PG&E’’), San Diego
                                             acres, or reported acres if determined                  value to the commodity, such as
                                                                                                                                                            Gas and Electric (‘‘SDG&E’’), and
                                             acres are not present, of the crop                      processing and packaging, and from                     Southern California Edison (‘‘SCE’’) in
                                             planted for the 2020 crop year,                         sales of products purchased for resale is              response to DOE’s notice of proposed
                                             excluding prevented planted and                         not included in the payment calculation                rulemaking (‘‘NOPR’’), which were
                                             experimental acres. For producers who                   unless determined eligible by the                      inadvertently omitted from the final
                                             insured acres of the crop under a policy                Secretary.                                             rule. DOE has considered the comments
                                             or plan of insurance under the Federal
                                                                                                     *       *     *    *     *                             and determined that in most instances,
                                             Crop Insurance Act (7 U.S.C. 1501–
                                             1524), the yield will be the average of                    (l) For eligible contract producers of              these comments raise issues
                                             the producer’s 2020 actual production                   broilers, pullets, layers, chicken eggs,               substantially similar to those raised by
                                             history (APH) approved yield from all of                turkeys, hogs, or pigs, if eligible revenue            other commenters that DOE previously
                                             the producer’s insured acres                            for the period from January 1, 2020,                   considered and addressed in the final
                                             nationwide. For producers for whom                                                                             rule. To the extent these comments raise
                                                                                                     through December 27, 2020, decreased
                                             FSA is unable to obtain a 2020 APH                                                                             issues not explicitly addressed in the
                                                                                                     compared to eligible revenue for the
                                             approved yield, the yield will be:                                                                             preamble of the final rule, DOE
                                                                                                     period from January 1, 2019, through                   determined that the comments
                                               (i) The 2019 Agriculture Risk                         December 27, 2019, then payments will
                                             Coverage-County Option (ARC–CO)                                                                                submitted by PG&E, SDG&E, and SCE do
                                                                                                     be equal to:                                           not alter any of the conclusions reached
                                             benchmark yield if the applicant:
                                               (A) Has coverage for the crop under                      (1) Eligible revenue received from                  in support of the final rule and would
                                             an Area Risk Protection Insurance Plan,                 January 1, 2019, through December 27,                  not have resulted in an outcome
                                             Margin Protection Plan, Stacked Income                  2019, minus eligible revenue received                  different than as set forth in the final
                                             Protection Plan, Supplemental Coverage                  from January 1, 2020, through December                 rule.
                                             Option, or Whole-Farm Revenue                           27, 2020; multiplied by                                DATES: Effective January 15, 2021.
                                             Protection Plan under the Federal Crop                     (2) 80 percent.                                     FOR FURTHER INFORMATION CONTACT: Ms.
                                             Insurance Act;
                                                                                                        (3) This calculation is subject to the              Kathryn McIntosh, U.S. Department of
                                               (B) Is a landlord of the applicable
                                             acreage and their share is insured by the               availability of funds and will be                      Energy, Office of the General Counsel,
                                             tenant under a policy or plan of                        factored, if needed.                                   GC–33, 1000 Independence Avenue SW,
                                             insurance under the Federal Crop                                                                               Washington, DC 20585. Telephone:
                                                                                                     William Northey,                                       (202) 586–2002. Email:
                                             Insurance Act;
                                               (C) Is a tenant of the applicable                     Under Secretary, U.S. Department of                    Kathryn.McIntosh@hq.doe.gov.
                                             acreage and their share is insured by the               Agriculture.                                           SUPPLEMENTARY INFORMATION: DOE




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                                             landlord under a policy or plan of                      [FR Doc. 2021–01077 Filed 1–15–21; 8:45 am]            published a final rule in the Federal
                                             insurance under the Federal Crop                        BILLING CODE 3410–05–P                                 Register on December 16, 2020 (the
                                             Insurance Act; or                                                                                              ‘‘December 2020 final rule’’),
                                               (D) Is a joint venture and the crop is                                                                       establishing separate product classes for
                                             insured by one of the members under a                                                                          top-loading consumer clothes washers
                                             policy or plan of insurance under the                                                                          and consumer clothes dryers that offer
                                             Federal Crop Insurance Act; or                                                                                 cycle times for a normal cycle of less


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