Coronavirus Food Assistance Program; Correction (rule, 85 FR 41328, July 10, 2020)
Summary
A second set of corrections to the Coronavirus Food Assistance Program (CFAP) regulations in 7 CFR part 9, published in the Federal Register on July 10, 2020 (Vol. 85, No. 133), with an effective date of July 10, 2020. It states that USDA reevaluated the payment rates for certain specialty crops using industry data submitted in response to the CFAP notice of funding availability published May 22, 2020. The document corrects payment rates and categories published in the final rule of May 21, 2020. It adds apple eligibility for payment losses, citing an industry average loss of 10.9 percent, and adds eligibility for certain potatoes. William L. Beam is named as the contact.
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“Coronavirus Food Assistance Program; Correction (rule, 85 FR 41328, July 10, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/coronavirus-food-assistance-program-correction-rule-85-fr-41328-july-1-ec1bfc10e9/
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41328 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
moa/small-businesses. Any questions in that final rule. In addition, we were Washington, New York, Michigan and
about the compliance guide should be able to reevaluate the payment rates for Pennsylvania. Those four states’
sent to Richard Lower at the previously certain specialty crops based on data combined production is approximately
mentioned address in the FOR FURTHER that was available from industry in 94 percent of the U.S. total. The
INFORMATION CONTACT section. response to the CFAP notice of funding Washington State Tree Fruit Association
After consideration of all relevant availability, which was published in the reflects approximately 85 percent of
material presented, including the Federal Register on May 22, 2020. This Washington apple sales. Washington
information and recommendation document corrects payment rates and state apple production comprises about
submitted by the Committee and other categories for those specialty crops that two-thirds of the U.S. total, but an even
available information, it is hereby found were published in the final rule. higher share of total U.S. sales during
that this rule will tend to effectuate the DATES: Effective Date: July 10, 2020. the study period. Data submitted
declared policy of the Act. FOR FURTHER INFORMATION CONTACT: showed an industry average loss of 10.9
William L. Beam; telephone: (202) 720– percent. Accordingly, USDA is adding
List of Subjects in 7 CFR Part 985
3175; email: Bill.Beam@usda.gov. apple eligibility for payment losses.
Marketing agreements, Oils and fats, Persons with disabilities who require USDA is also adding eligibility for
Reporting and recordkeeping alternative means for communication certain potatoes. Original prices used by
requirements, Spearmint oil. should contact the USDA Target Center USDA for the May 12, 2020, rule
For the reasons set forth in the at (202) 720–2600 (voice). included all fresh potatoes and did not
preamble, 7 CFR part 985 is amended as include prices for processing or seed
SUPPLEMENTARY INFORMATION: This
follows: potatoes as those are not obtained at
document corrects the CFAP regulations
shipping points or terminal markets.
in 7 CFR part 9, which were
PART 985—MARKETING ORDER The potato industry submitted price
implemented in the final rule that was
REGULATING THE HANDLING OF data from industry surveys and reports.
published in the Federal Register on
SPEARMINT OIL PRODUCED IN THE The industry data show that seed
May 21, 2020 (85 FR 30825–30835).
FAR WEST potatoes had a 15 percent price decline
This is the second set of corrections.
and fresh food retail and service
■ 1. The authority citation for 7 CFR The first set of corrections was
potatoes had a 6.7 percent price decline
part 985 continues to read as follows: published in the Federal Register on
over the rule stated period. However,
June 12, 2020 (85 FR 35799–35800).
Authority: 7 U.S.C. 601–674. the industry reported fresh price only
This document augments those
for russet potatoes.
■ 2. Revise § 985.141 to read as follows: corrections. Another potato commenter used data
In response to the notice of funding
§ 985.141 Assessment rate. from one potato producing state to
availability published in the Federal
On and after June 1, 2020, an determine shipping point price changes
Register on May 22, 2020 (85 FR 31062–
assessment rate of $0.14 per pound is for non-organic russet potatoes in 50-lb
31065), a few commenters stated that
established for Far West spearmint oil. units. Terminal market prices were also
USDA had miscalculated price
Unexpended funds may be carried over reported. A notable difference between
decreases for certain commodities.
as a reserve. the USDA payment calculations is that
USDA reviewed the data for all
prices generated by USDA included
Bruce Summers, specialty crop commodities and found
prices from all states.
Administrator, Agricultural Marketing
some inconsistencies in data points. The potato industry also requested
Accordingly, USDA is correcting the
Service. payments for seed potatoes. Seed
errors to make apples, blueberries,
[FR Doc. 2020–13614 Filed 7–9–20; 8:45 am] potatoes can be any type of potato and
garlic, potatoes, raspberries, tangerines,
BILLING CODE 3410–02–P can be diverted to the fresh market if
and taro eligible for payment under 7
needed. USDA agrees. Accordingly,
CFR 9.5(b)(1), and adding CARES Act
seed potatoes is now a category of
payment rates for sales losses for those
DEPARTMENT OF AGRICULTURE potatoes eligible for payment.
crops to Table 1 to § 9.5(h). After reviewing all the data submitted
USDA found that peaches and by the potato industry USDA agrees that
Office of the Secretary rhubarb no longer qualify for payment the potato category be corrected to be
based on sales losses under § 9.5(b)(1). divided as follows:
7 CFR Part 9 Peaches showed a 3 percent sales price • Potatoes fresh—Russets;
[Docket ID: FSA–2020–0004] decrease and rhubarb showed an • Potatoes fresh—other;
RIN 0503–AA65
increase in sales price of 28 percent • Potatoes—processing; and
when corrections to the data sets were • Potatoes—seed.
Coronavirus Food Assistance made. Therefore, we are removing the Payment rates for these categories are
Program; Correction CARES Act payment rates for sales shown on the table below.
losses for these two crops from Table 1 As discussed above, USDA is
AGENCY: Office of the Secretary, USDA. to § 9.5(h). correcting the payment rates in Table 1
ACTION: Correcting amendments. USDA took into account data to § 9.5(h) for apples, artichokes,
submitted by the apple industry to asparagus, blueberries, cantaloupes,
SUMMARY: The Secretary of Agriculture determine price eligibility under cucumbers, garlic, kiwifruit,
implemented the Coronavirus Food § 9.5(b)(1) for apples. The price data sets mushrooms, papaya, peaches, potatoes
Assistance Program (CFAP), which came from actual sales of 43.8 million (separated into categories for fresh—
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provides assistance to agricultural bushels of apples that average 42 Russets, fresh—other, processing, and
producers impacted by the effects of the pounds. This quantity is more than half seed), raspberries, rhubarb, tangerines,
COVID–19 outbreak, through a final rule of all the apples marketed during the and taro.
published in the Federal Register on study period. The data came from The correction and addition in the
May 21, 2020. We realized that there surveys of marketers from the four payment rates and the resulting changes
were errors in some of the payment rates largest apple producing states— in the eligibility for specific types of
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations 41329
payments per commodity will not PART 9—CORONAVIRUS FOOD ■ b. Remove the entry for ‘‘Potatoes’’;
change CFAP costs. ASSISTANCE PROGRAM ■ c. Add the entries for ‘‘Potatoes
Fresh—Other’’, ‘‘Potatoes Fresh-
List of Subjects in 7 CFR Part 9 ■ 1. The authority citation for part 9 Russets’’, Potatoes—Processing’’, and
Agricultural commodities, continues to read as follows: ‘‘Potatoes—seed’’ in alphabetical order;
Agriculture, Disaster assistance, Authority: 15 U.S.C. 714b and 714c; and and
Division B, Title I, Pub. L. 116–136. ■ d. Revise the entries for
Indemnity payments.
‘‘Raspberries’’, ‘‘Rhubarb’’,
Accordingly, 7 CFR part 9 is corrected ■ 2. In § 9.5, amend Table 1 to ‘‘Tangerines’’, and ‘‘Taro’’.
by making the following correcting paragraph (h), as follows: The revisions and additions read as
amendments: ■ a. Revise the entries for ‘‘Apples’’, follows:
‘‘Artichokes’’, ‘‘Asparagus’’,
‘‘Blueberries’’, ‘‘Cantaloupes’’, § 9.5 Calculation of payments.
‘‘Cucumbers’’, ‘‘Garlic’’, ‘‘Kiwifruit’’, * * * * *
‘‘Mushrooms’’, ‘‘Papaya’’, ‘‘Peaches’’ (h) * * *
TABLE 1 TO PARAGRAPH (h)—PAYMENT RATES FOR SPECIALTY CROPS
[Including, but not limited to, the listed commodities]
CARES Act payment
rate for product that
CARES Act payment left the farm but spoiled
Commodity rate for sales losses or is unpaid due to CCC Payment rate
($/lb)
($/lb) loss of marketing
channel
($/lb)
* * * * * * *
Apples .......................................................................................... $0.05 $0.22 $0.04
Artichokes ..................................................................................... 0.88 0.69 0.13
Asparagus .................................................................................... ........................................ 0.25 0.05
* * * * * * *
Blueberries ................................................................................... 0.20 0.93 0.18
* * * * * * *
Cantaloupes ................................................................................. ........................................ 0.14 0.03
* * * * * * *
Cucumbers ................................................................................... 0.18 0.17 0.03
* * * * * * *
Garlic ............................................................................................ 0.17 1.10 0.22
* * * * * * *
Kiwifruit ......................................................................................... ........................................ 0.44 0.09
Mushrooms ................................................................................... ........................................ 0.58 0.11
* * * * * * *
Papaya ......................................................................................... ........................................ 0.31 0.06
Peaches ....................................................................................... ........................................ 0.30 0.06
* * * * * * *
Potatoes fresh—other .................................................................. 0.01 0.04 0.01
Potatoes fresh—Russets ............................................................. 0.07 0.09 0.02
Potatoes—processing .................................................................. 0.02 0.03 0.01
Potatoes—seed ............................................................................ 0.02 0.04 0.01
Raspberries .................................................................................. 0.44 1.69 0.33
Rhubarb ........................................................................................ ........................................ 0.76 0.15
* * * * * * *
Tangerines ................................................................................... 0.05 0.25 0.05
Taro .............................................................................................. 0.12 0.29 0.06
* * * * * * *
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41330 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
* * * * * held that ‘‘the CFPB Director’s removal 2. Each consumer information
protection is severable from the other publication issued by the Bureau under
Stephen L. Censky,
statutory provisions bearing on the Regulation X, 12 CFR part 1024, and
Vice Chairman, Commodity Credit
CFPB’s authority. The agency may Regulation Z, 12 CFR part 1026.12
Corporation, and Deputy Secretary, U.S.
Department of Agriculture. therefore continue to operate, but its 3. Each notice titled ‘‘Fair Credit
Director, in light of our decision, must Reporting Act Disclosures.’’ 13
[FR Doc. 2020–14855 Filed 7–9–20; 8:45 am]
be removable by the President at will.’’ 5 4. The official approval titled ‘‘Final
BILLING CODE 3410–05–P Redesigned Uniform Residential Loan
‘‘The only constitutional defect we have
identified in the CFPB’s structure is the Application Status Under Regulation
Director’s insulation from removal.’’ 6 B.’’ 14
BUREAU OF CONSUMER FINANCIAL 5. The preemption determination
PROTECTION II. Overview of This Ratification titled ‘‘Electronic Fund Transfers;
To resolve any possible uncertainty Determination of Effect on State Laws
12 CFR Chapter X (Maine and Tennessee).’’ 15
the Bureau, through its Director, has
decided to ratify a number of official 6. The Bureau’s concurrences with
Ratification of Bureau Actions respect to the April 2018 and October
actions from January 4, 2012 to June 30,
AGENCY: Bureau of Consumer Financial 2020 (Ratified Actions).7 Under 2019 rules by the three Federal banking
Protection. established case law, any agency may, agencies and the July 2019 and April
ACTION: Ratification. through ratification, ‘‘purge[] any 2020 rules by the National Credit Union
residual taint or prejudice left over Administration, each titled ‘‘Real Estate
SUMMARY: The Bureau of Consumer Appraisals.’’ 16
from’’ a potential defect in a prior
Financial Protection (Bureau), through In the event that the Bureau’s ratifying
governmental action.8 The Bureau is
its Director, is ratifying a number of of any individual Ratified Action or the
issuing this ratification out of an
previous actions by the Bureau. This application of this ratification to any
abundance of caution, and this
includes the large majority of the person or circumstance is held to be
ratification is not a statement that the
Bureau’s existing regulations, as well as invalid for any reason, the remainder of
certain other actions. This ratification Ratified Actions would have been
this ratification is severable and shall
provides the public with certainty, by invalid absent this ratification.
continue in force.17
resolving any potential defect in the Part III of this document sets forth the
ratification, while part IV discusses the IV. Discussion of the Ratification
validity of these actions arising from
Article II of the United States ratification, part V discusses certain The Bureau’s Director is familiar with
Constitution. actions that are outside the scope of the the Ratified Actions and has also
ratification, and finally part VI conducted a further evaluation of them
DATES: This ratification is issued on July addresses some additional for purposes of this ratification.
10, 2020 and relates back to the original administrative law matters. Accordingly, the Director is making an
date of each action that it ratifies.
III. Ratification informed decision to ratify them.
FOR FURTHER INFORMATION CONTACT: Based on the Director’s evaluation of
Christopher Shelton, Counsel, Legal The Bureau, through its Director, the Ratified Actions, it is the Director’s
Division, at 202–435–7700. If you hereby affirms and ratifies the following considered judgment that they should
require this document in an alternative actions from January 4, 2012 to June 30, be ratified. This decision is reinforced
electronic format, please contact CFPB_ 2020 (collectively, the Ratified Actions): by the fact that, based on the Bureau’s
Accessibility@cfpb.gov. 1. Each document published by the experience as a regulator of markets for
SUPPLEMENTARY INFORMATION: Bureau in the ‘‘Rules and Regulations’’ consumer financial products and
category of the Federal Register,9 except services, the Director is acutely aware
I. Background
the July 2017 rule titled ‘‘Arbitration that many of the Ratified Actions have
The Bureau was established by the Agreements’’ 10 and the November 2017 engendered significant reliance
Consumer Financial Protection Act of rule titled ‘‘Payday, Vehicle, and Certain interests. Consumers, the business
2010 (CFPA).1 Section 1011(c)(3) of the High-Cost Installment Loans.’’ 11 Aside community, State and local
CFPA provided that the President may from those two exceptions, this includes governments, and other individuals and
remove the Director of the Bureau only but is not limited to all amendments to entities have all relied upon the validity
for inefficiency, neglect of duty, or the Bureau’s regulations in 12 CFR of the Ratified Actions in organizing
malfeasance in office.2 The Bureau’s chapter X, as well as the Bureau’s their activities. This ratification secures
first Director was appointed on January actions in issuing joint regulations with those existing reliance interests by
4, 2012.3 other agencies. avoiding doubt as to the validity of the
On June 29, 2020, the Supreme Court
held in Seila Law LLC v. CFPB that the 5 Id. at 3. 12 These consumer information publications are
CFPA’s removal provision violates the 6 Id. at 32. reflected in the notices of availability at 79 FR 1836
separation of powers.4 The Court further 7 Some of the Ratified Actions were previously (Jan. 10, 2014); 80 FR 17414 (Apr. 1, 2015); 80 FR
ratified by the Bureau in August 2013. See supra 57154 (Sept. 22, 2015); 85 FR 35292 (June 9, 2020).
1 Public Law 111–203, title X, 124 Stat. 1376, note 3. The Bureau has used the end date of June 13 77 FR 20011 (Apr. 3, 2012); 77 FR 74831 (Dec.
1955–2113 (2010). 30, 2020, in an abundance of caution in order to 18, 2012); 78 FR 79410 (Dec. 30, 2013); 79 FR 74068
2 12 U.S.C. 5491(c)(3). include 85 FR 39055 (June 30, 2020), which the (Dec. 15, 2014); 80 FR 72711 (Nov. 20, 2015); 81
3 From January 4, 2012 until July 17, 2013, Bureau released on its website on June 23, 2020. FR 81745 (Nov. 18, 2016); 82 FR 53481 (Nov. 16,
Director Richard Cordray served as a recess
8 Guedes v. Bureau of Alcohol, Tobacco, Firearms 2017).
& Explosives, 920 F.3d 1, 13 (D.C. Cir. 2019). 14 82 FR 55810 (Nov. 24, 2017).
appointee, but his recess appointment was not
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9 The Office of the Federal Register places each 15 78 FR 24386 (Apr. 25, 2013).
constitutionally proper in light of the Supreme
Court’s subsequent decision in NLRB v. Noel document published in the Federal Register in one 16 See 83 FR 15019 (Apr. 9, 2018); 84 FR 35525
Canning, 573 U.S. 513 (2014). See CFPB v. Gordon, of four categories: ‘‘Presidential Documents,’’ (July 24, 2019); 84 FR 53579 (Oct. 8, 2019); 85 FR
819 F.3d 1179, 1185–86 (9th Cir. 2016) (upholding ‘‘Rules and Regulations,’’ ‘‘Proposed Rules,’’ or 23909 (Apr. 30, 2020).
the Bureau’s ratification of actions from that period, ‘‘Notices.’’ See 1 CFR 5.9. 17 Additionally, this ratification does not waive
78 FR 53734 (Aug. 30, 2013)). 10 82 FR 33210 (July 19, 2017).
any statute of limitations or other restriction on
4 591 U.S.—(2020) (slip op.). 11 82 FR 54472 (Nov. 17, 2017). challenges to the Ratified Actions.
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