Coronavirus Food Assistance Program; Correction (rule, 85 FR 35799, June 12, 2020)
Summary
Correcting amendments from the Office of the Secretary, USDA, to the Coronavirus Food Assistance Program (CFAP) final rule, published in the Federal Register on June 12, 2020 (Vol. 85, No. 114), Docket ID FSA–2020–0004, RIN 0530–AA65. It corrects the final rule that appeared in the Federal Register on May 21, 2020, including one typo in the table of payment rates for carrots. The correction specifies that dairy operations that dissolved on or before March 31, 2020 are eligible for payment under § 9.5(e)(1) using the CARES Act payment rate, and that later dissolutions are eligible for a prorated payment. It replaces the definition of "unpriced inventory" with a definition of "unpriced" and adds a definition of "Second quarter". The effective date is June 12, 2020.
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“Coronavirus Food Assistance Program; Correction (rule, 85 FR 35799, June 12, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/coronavirus-food-assistance-program-correction-rule-85-fr-35799-june-1-2295d5f5d4/
, SHA-256 e40bf5487844503c36e7e1ad1ac79249ec6a66e251dad8945efcaec62daa5fb0.Full text
35799
Rules and Regulations Federal Register
Vol. 85, No. 114
Friday, June 12, 2020
This section of the FEDERAL REGISTER § 9.5(b)(3) to specify that it includes ■ a. Add the definition of ‘‘Second
contains regulatory documents having general donated crops and to remove the term quarter’’ in alphabetical order;
applicability and legal effect, most of which ‘‘unpriced,’’ which does not apply to ■ b. Revise the definition of ‘‘Slaughter
are keyed to and codified in the Code of payments for specialty crops that did cattle—fed cattle’’; and
Federal Regulations, which is published under not leave the farm or were donated, or ■ c. Add the definition ‘‘Unpriced’’ in
50 titles pursuant to 44 U.S.C. 1510.
mature crops that remained unharvested alphabetical order;
The Code of Federal Regulations is sold by between January 15, 2020, and April 15, ■ d. Remove the definition of ‘‘Unpriced
the Superintendent of Documents. 2020, due to loss of marketing channels. inventory’’.
This document clarifies payment The additions and revision read as
calculations for livestock under follows:
DEPARTMENT OF AGRICULTURE § 9.5(c)(1), (d)(1), and (f)(1) to specify
that they are based on unpriced § 9.2 Definitions.
Office of the Secretary livestock sales, and it clarifies * * * * *
§ 9.5(c)(2), (d)(2), and (f)(2) to specify Second quarter means April, May,
7 CFR Part 9 that they apply to livestock inventory and June of 2020.
[Docket ID: FSA–2020–0004] owned between April 16, 2020, and May Slaughter Cattle—fed cattle means
14, 2020. This document removes the cattle with a weight of 1,200 pounds or
RIN 0530–AA65
definition of ‘‘unpriced inventory’’ and more that are intended for slaughter.
Coronavirus Food Assistance adds a similar definition of ‘‘unpriced’’ * * * * *
Program; Correction to be consistent with the use of the term Unpriced means not subject to an
throughout the regulation; the new agreed-upon price in the future through
AGENCY: Office of the Secretary, USDA. definition also specifies that ‘‘unpriced’’ a forward contract, agreement, or similar
ACTION: Correcting amendments. is based on whether a forward contract, binding document as of January 15,
agreement, or similar binding document 2020.
SUMMARY: The Secretary of Agriculture was in place as of January 15, 2020.
is correcting a final rule that appeared * * * * *
The final rule did not address
in the Federal Register on May 21, eligibility of dairy operations that went ■ 3. Amend § 9.5 as follows:
2020. The document was issued to out of business prior to the second ■ a. Revise paragraph (b) introductory
implement the Coronavirus Food quarter or during second quarter text;
Assistance Program (CFAP) that production. This correction specifies ■ b. Revise paragraph (b)(2);
provides assistance to agricultural that dairy operations that dissolved on ■ c. Revise paragraph (b)(3);
producers impacted by the effects of the or before March 31, 2020, are eligible for ■ d. In paragraph (c)(1), remove the
COVID–19 outbreak. There is one typo payment under § 9.5(e)(1) using the word ‘‘Cattle’’ and add the words
in the table of payment rates for the CARES Act payment rate, and dairy ‘‘Unpriced cattle’’ in its place;
commodity of carrots that needs to be operations that dissolve or have ■ e. In paragraph (c)(2), remove the
corrected. Additional corrections are dissolved after March 31, 2020, are words ‘‘Unpriced cattle inventory’’ and
being made to add clarity to the rule. eligible for a prorated payment for the add the words ‘‘Cattle inventory
DATES: Effective Date: June 12, 2020. number of days the dairy operation owned’’ in their place;
FOR FURTHER INFORMATION CONTACT: commercially markets milk in the ■ f. In paragraph (d)(1), remove the
William L. Beam; telephone: (202) 720– second quarter under § 9.5(e)(2) using word ‘‘Hogs’’ and add the words
3175; email: Bill.Beam@usda.gov. the CCC payment rate. This clarification ‘‘Unpriced hogs’’ in its place;
Persons with disabilities who require will not increase CFAP costs. ■ g. In paragraph (d)(2), remove the
alternative means for communication This document also corrects the words ‘‘Unpriced hog and pig
should contact the USDA Target Center CARES Act payment rate for sales losses inventory’’ and add the words ‘‘Hog and
at (202) 720–2600 (voice). for carrots, and table headings. pig inventory owned’’ in their place;
SUPPLEMENTARY INFORMATION: This ■ h. Add paragraph (e)(3);
List of Subjects in 7 CFR Part 9
document corrects the final rule that ■ i. In paragraph (f)(1), remove the word
was published in the Federal Register Agricultural commodities, ‘‘Lambs’’ and add the words ‘‘Unpriced
on May 21, 2020 (85 FR 30825–30835). Agriculture, Disaster assistance, lambs’’ in its place;
This document clarifies the definition of Indemnity payments. ■ j. In paragraph (f)(2), remove the
‘‘Slaughter Cattle—fed cattle’’ to specify Accordingly, 7 CFR part 9 is corrected words ‘‘Unpriced lambs and yearlings in
that the term refers to cattle with a by making the following correcting inventory’’ and add the words ‘‘Lambs
weight of 1,200 pounds or more that are amendments: and yearlings in inventory owned’’ in
intended for slaughter. their place;
This document clarifies specialty crop PART 9—CORONAVIRUS FOOD ■ k. In Table 1 to paragraph (h), revise
eligibility in § 9.5(b), and specifies that ASSISTANCE PROGRAM the table heading, revise the heading for
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specialty crops that were harvested and column 3, and revise the entry for
■ 1. The authority citation for part 9
shipped but that were subsequently ‘‘carrots’’; and
continues to read as follows:
spoiled or unpaid due to loss of ■ l. In Table 2 to paragraph (h), revise
marketing channels between January 15, Authority: 15 U.S.C. 714b and 714c; and the table heading.
2020, and April 15, 2020, are eligible for Division B, Title I, Pub. L. 116–136. The addition and revisions read as
payment under § 9.5(b)(2). It corrects ■ 2. Amend § 9.2 as follows: follows:
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35800 Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Rules and Regulations
§ 9.5 Calculation of payments. of this section. Payments for eligible the quantity of mature crops that
* * * * * specialty crops will be the sum of: remained unharvested, multiplied by
* * * * * the payment rate in column 4 of Table
(b) CFAP covers losses for specialty
(2) For specialty crops harvested and 1 in paragraph (h) of this section.
crops that experienced immediate
shipped but that were subsequently * * * * *
losses, a price decline, spoiled, were
spoiled or unpaid due to loss of (e) * * *
unpaid, or were unharvested due to marketing channels between January 15,
market conditions between January 15, (3) Dairy operations that dissolved on
2020, and April 15, 2020, the harvested
2020, and April 15, 2020. Specialty or before March 31, 2020, are eligible for
and shipped quantity that spoiled or is
crops in inventory or in storage facilities payment under paragraph (e)(1) of this
unpaid multiplied by the payment rate
that may be sold after April 15, 2020, section. Dairy operations that dissolve
in column 3 of Table 1 in paragraph (h)
are not eligible. Specialty crops that or have dissolved after March 31, 2020,
of this section; and
were under an agreed upon set price (3) For specialty crops that did not are eligible for a prorated payment
before January 15, 2020, and were or leave the farm, were donated, or were under paragraph (e)(2) of this section for
will be paid at that price or higher, do mature crops that remained unharvested the number of days the dairy operation
not qualify for assistance under between January 15, 2020, and April 15, commercially markets milk in the
2020, due to loss of marketing channel, second quarter.
paragraph (b)(1) of this section, but may
qualify under paragraphs (b)(2) or (b)(3) the sum of the quantity of crops that did * * * * *
not leave the farm or were donated, or (h) * * *
TABLE 1 TO PARAGRAPH (h)—PAYMENT RATES FOR SPECIALTY CROPS
CARES Act payment
rate for product that
CARES Act left the farm but
payment rate CCC payment rate
Commodity spoiled or is unpaid
for sales losses ($/lb)
due to loss of
($/lb) marketing channel
($/lb)
* * * * * * *
Carrots .......................................................................................... 0.02 0.11 0.02
* * * * * * *
* * * * *
TABLE 2 TO PARAGRAPH (h)—PAYMENT RATES FOR NON-SPECIALTY CROPS, DAIRY, LIVESTOCK, AND WOOL
* * * * * Approach Procedures (SIAPs) and ADDRESSES: Availability of matter
associated Takeoff Minimums and incorporated by reference in the
Stephen L. Censky,
Obstacle Departure Procedures for amendment is as follows:
Vice Chairman, Commodity Credit
Corporation, and Deputy Secretary, U.S.
operations at certain airports. These For Examination
Department of Agriculture. regulatory actions are needed because of
the adoption of new or revised criteria, 1. U.S. Department of Transportation,
[FR Doc. 2020–12528 Filed 6–10–20; 4:15 pm] Docket Ops–M30, 1200 New Jersey
BILLING CODE 3410–05–P
or because of changes occurring in the
National Airspace System, such as the Avenue SE, West Bldg., Ground Floor,
commissioning of new navigational Washington, DC, 20590–0001;
2. The FAA Air Traffic Organization
facilities, adding new obstacles, or
DEPARTMENT OF TRANSPORTATION Service Area in which the affected
changing air traffic requirements. These
airport is located;
Federal Aviation Administration changes are designed to provide for the 3. The office of Aeronautical
safe and efficient use of the navigable Navigation Products, 6500 South
14 CFR Part 97 airspace and to promote safe flight MacArthur Blvd., Oklahoma City, OK
operations under instrument flight rules 73169 or,
[Docket No. 31315; Amdt. No. 3908] at the affected airports. 4. The National Archives and Records
Standard Instrument Approach DATES: This rule is effective June 12, Administration (NARA). For
Procedures, and Takeoff Minimums 2020. The compliance date for each information on the availability of this
and Obstacle Departure Procedures; SIAP, associated Takeoff Minimums, material at NARA, email fedreg.legal@
Miscellaneous Amendments and ODP is specified in the amendatory nara.gov or go to: https://
provisions. www.archives.gov/federal-register/cfr/
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AGENCY: Federal Aviation ibr-locations.html.
Administration (FAA), DOT. The incorporation by reference of
certain publications listed in the Availability
ACTION: Final rule.
regulations is approved by the Director All SIAPs and Takeoff Minimums and
SUMMARY: This rule amends, suspends, of the Federal Register as of June 12, ODPs are available online free of charge.
or removes Standard Instrument 2020. Visit the National Flight Data Center
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