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Coronavirus Food Assistance Program; Correction (rule, 85 FR 59174, September 21, 2020)

Summary

Correcting amendments from the Office of the Secretary, USDA, to the Coronavirus Food Assistance Program (CFAP) regulations in 7 CFR part 9. They were published on September 21, 2020 (Vol. 85, No. 183), Docket ID FSA–2020–0004, effective September 21, 2020. It clarifies the eligibility of barley and livestock under the final rule published on May 21, 2020. The document amends the definition of "non-specialty crop" in § 9.2 and Table 2 in § 9.5(h) to state that CFAP eligibility for barley is not limited to malting barley. It states that livestock sold between January 15, 2020, and April 15, 2020 must have been physically located in the United States as of January 15, 2020 to be considered "produced in the United States". USDA states that the changes are not expected to increase expected costs.

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“Coronavirus Food Assistance Program; Correction (rule, 85 FR 59174, September 21, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/coronavirus-food-assistance-program-correction-rule-85-fr-59174-septem-6ec6ac4f0b/, SHA-256 ac124a4060deef778219270019cc5e804e588d63a52ad103ab8e2dae1e33735f.

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                                          59174            Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations

                                          PART 1650—METHODS OF                                    DEPARTMENT OF AGRICULTURE                             considered ‘‘produced in the United
                                          WITHDRAWING FUNDS FROM THE                                                                                    States,’’ livestock sold between January
                                          THRIFT SAVINGS PLAN                                     Office of the Secretary                               15, 2020, and April 15, 2020, must have
                                                                                                                                                        been physically located in the United
                                          ■ 1. The authority citation for part 1650               7 CFR Part 9                                          States as of January 15, 2020, and must
                                          continues to read as follows:                           [Docket ID: FSA–2020–0004]                            have remained in the United States until
                                            Authority: 5 U.S.C. 8351, 8432d, 8433,                                                                      they were sold. For imported livestock
                                                                                                  RIN 0503–AA65                                         inventory owned between April 16,
                                          8434, 8435, 8474(b)5 and 8474(c)(1).
                                                                                                                                                        2020, and May 14, 2020, ‘‘produced in
                                          ■ 2. Amend § 1650.61 by revising                        Coronavirus Food Assistance                           the United States’’ means that the
                                          paragraph (c)(4) to read as follows:                    Program; Correction                                   livestock must have been physically
                                          § 1650.61 Spousal rights applicable to                  AGENCY: Office of the Secretary, USDA.                located in the United States on the
                                          post-employment withdrawals.                            ACTION: Correcting amendments.                        applicable date for which the producer
                                                                                                                                                        is reporting their highest owned
                                          *     *     *    *     *
                                                                                                  SUMMARY: The Secretary of Agriculture                 inventory, because producers have been
                                            (c) * * *                                             implemented the Coronavirus Food                      incurring and continue to incur
                                            (4) Unless the TSP granted the                        Assistance Program (CFAP), which                      additional marketing costs related to the
                                          participant an exception under this                     provides assistance to agricultural                   COVID–19 pandemic for those livestock.
                                          subpart to the spousal notification                     producers impacted by the effects of the                 This document amends the definition
                                          requirement within 90 days of the date                  COVID–19 outbreak, through a final rule               of ‘‘non-specialty crop’’ in § 9.2 and
                                          the withdrawal form is processed by the                 published in the Federal Register on                  Table 2 in § 9.5(h) to specify that CFAP
                                          TSP, to show that the spouse has                        May 21, 2020. This correction clarifies               eligibility for barley is not limited only
                                          consented to a different total or partial               the eligibility of barley and livestock.              to malting barley. All barley is eligible
                                          withdrawal election or installment                      DATES: Effective September 21, 2020.                  for CFAP assistance.
                                          payment change and waived the right to                                                                           The changes in this document are
                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                          this annuity with respect to the                                                                              consistent with the original intent of
                                                                                                  William L. Beam; telephone: (202) 720–
                                          applicable amount, the participant must                                                                       USDA in creating and administering
                                                                                                  3175; email: Bill.Beam@usda.gov.
                                          submit to the TSP record keeper a                                                                             CFAP and are not expected to increase
                                                                                                  Persons with disabilities who require
                                          properly completed withdrawal request                                                                         expected costs.
                                                                                                  alternative means for communication
                                          form, signed by his or her spouse in the
                                                                                                  should contact the USDA Target Center                 List of Subjects in 7 CFR Part 9
                                          presence of a notary. If the TSP granted
                                                                                                  at (202) 720–2600 (voice).                              Agricultural commodities,
                                          the participant an exception to the
                                          signature requirement, the participant                  SUPPLEMENTARY INFORMATION: This                       Agriculture, Disaster assistance,
                                          should enclose a copy of the TSP’s                      document corrects the CFAP regulations                Indemnity payments.
                                          approval letter with the withdrawal                     in 7 CFR part 9, which were                             Accordingly, 7 CFR part 9 is corrected
                                          form.                                                   implemented in the final rule that was                by making the following correcting
                                                                                                  published in the Federal Register on                  amendments:
                                          *     *     *    *     *
                                                                                                  May 21, 2020 (85 FR 30825–30835).
                                          ■ 3. Amend § 1650.62 by revising                        This is the fourth set of corrections. The            PART 9—CORONAVIRUS FOOD
                                          paragraph (c) to read as follows:                       first set of corrections was published in             ASSISTANCE PROGRAM
                                          § 1650.62 Spousal rights applicable to in-
                                                                                                  the Federal Register on June 12, 2020
                                                                                                  (85 FR 35799–35800), the second set of                ■ 1. The authority citation for part 9
                                          service withdrawals.
                                                                                                  corrections was published in the                      continues to read as follows:
                                          *     *    *     *     *
                                                                                                  Federal Register on July 10, 2020 (85 FR                Authority: 15 U.S.C. 714b and 714c; and
                                            (c) Unless the participant was granted                41328–41330), and the third set of                    Division B, Title I, Pub. L. 116–136.
                                          an exception under this subpart to the                  corrections was published in the
                                          signature requirement within 90 days of                                                                       ■ 2. In § 9.1, revise paragraph (a) to read
                                                                                                  Federal Register on August 14, 2020 (85               as follows.
                                          the date the withdrawal form is                         FR 49593–49594). This document
                                          processed by the TSP, before obtaining                  augments those corrections.                           § 9.1    Applicability and administration.
                                          an in-service withdrawal, a participant                    This document corrects 7 CFR 9.1(a)                   (a) This part specifies the eligibility
                                          who is covered by FERS or who is a                      to clarify the meaning of ‘‘produced in               requirements and payment calculations
                                          member of the uniformed services must                   the United States’’ as it relates to                  for the Coronavirus Food Assistance
                                          obtain the consent of his or her spouse                 imported livestock. CFAP payments to                  Program (CFAP). CFAP will provide
                                          and waiver of the spouse’s right to a                   livestock producers are based on the                  payments with respect to commodities
                                          joint and survivor annuity described in                 sum of two calculations. The first                    that have been significantly impacted by
                                          § 1650.61(c) with respect to the                        calculation is intended to compensate                 the effects of the COVID–19 outbreak.
                                          applicable amount. To show the                          producers for losses due to price                     Payments will be made with respect to
                                          spouse’s consent and waiver, a                          declines that occurred between mid-                   only commodities produced in the
                                          participant must submit to the TSP                      January 2020 and mid-April 2020, and                  United States; commodities other than
                                          record keeper a properly completed                      is based on livestock sold between                    livestock that are imported into the
                                          withdrawal request form, signed by his                  January 15, 2020, and April 15, 2020.                 United States may not be used to
                                          or her spouse in the presence of a                      The second calculation is intended to                 determine any payment made under this
                                          notary. Once a form containing the                      address on-going market disruptions                   part. For livestock, ‘‘produced in the
                                          spouse’s consent and waiver has been




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                                                                                                  and assist with the transition to a more              United States’’ means physically located
                                          submitted to the TSP record keeper, the                 orderly marketing system. It is based on              in the United States:
                                          spouse’s consent is irrevocable for that                the producer’s highest livestock                         (1) On January 15, 2020, and
                                          withdrawal.                                             inventory owned on a date between                     remaining in the United States until
                                          [FR Doc. 2020–20789 Filed 9–17–20; 4:15 pm]             April 16, 2020, and May 14, 2020. This                sold for livestock sold between January
                                          BILLING CODE 6760–01–P                                  document specifies that to be                         15, 2020, and April 15, 2020; or


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                                                                 Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Rules and Regulations                                                                                    59175

                                             (2) On the applicable date selected for                                  § 9.2      [Amended]                                                         and add an entry in alphabetical order
                                          livestock in inventory between April 16,                                    ■ 3. In § 9.2, in the definition of ‘‘Non-                                   for ‘‘Barley’’.
                                          2020, and May 14, 2020.                                                     specialty crop’’, remove the words                                             The addition reads as follows.
                                          *      *    *    *     *                                                    ‘‘Malting barley’’ and add the word
                                                                                                                      ‘‘Barley’’ in their place.                                                   § 9.5    Calculation of payments.
                                                                                                                      ■ 4. In § 9.5, in Table 2 to paragraph (h),                                  *       *    *          *    *
                                                                                                                      remove the entry for ‘‘Barley (malting)’’                                        (h) * * *

                                                       TABLE 2 TO PARAGRAPH (h)—PAYMENT RATES FOR NON-SPECIALTY CROPS, DAIRY, LIVESTOCK, AND WOOL
                                                                                                                                                                                                                        CARES Act     CCC payment
                                                                                                              Commodity                                                                                    Unit        payment rate       rate
                                                                                                                                                                                                                          ($/unit)      ($/unit)

                                          Barley ...................................................................................................................................................              Bu           0.34            0.37

                                                        *                                *                                *                               *                                *                           *                 *



                                          *        *         *         *         *                                    DATES: This AD becomes effective                                             Examining the AD Docket
                                                                                                                      October 6, 2020.
                                          Stephen L. Censky,                                                                                                                                         You may examine the AD docket on
                                          Vice Chairman, Commodity Credit                                               The Director of the Federal Register                                       the internet at https://
                                          Corporation, and Deputy Secretary, U.S.                                     approved the incorporation by reference                                      www.regulations.gov by searching for
                                          Department of Agriculture.                                                  of a certain publication listed in this AD                                   and locating Docket No. FAA–2020–
                                          [FR Doc. 2020–20802 Filed 9–17–20; 8:45 am]                                 as of October 6, 2020.                                                       0787; or in person at Docket Operations
                                          BILLING CODE 3410–05–P                                                        The FAA must receive comments on                                           between 9 a.m. and 5 p.m., Monday
                                                                                                                      this AD by November 5, 2020.                                                 through Friday, except Federal holidays.
                                                                                                                                                                                                   The AD docket contains this AD, any
                                                                                                                      ADDRESSES: You may send comments,
                                                                                                                                                                                                   comments received, and other
                                          DEPARTMENT OF TRANSPORTATION                                                using the procedures found in 14 CFR                                         information. The street address for
                                                                                                                      11.43 and 11.45, by any of the following                                     Docket Operations is listed above.
                                          Federal Aviation Administration                                             methods:                                                                     Comments will be available in the AD
                                          14 CFR Part 39                                                                 • Federal eRulemaking Portal: Go to                                       docket shortly after receipt.
                                                                                                                      https://www.regulations.gov. Follow the
                                                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                          [Docket No. FAA–2020–0787; Project                                          instructions for submitting comments.
                                                                                                                                                                                                   Sanjay Ralhan, Aerospace Engineer,
                                          Identifier MCAI–2020–01090–T; Amendment                                        • Fax: 202–493–2251.                                                      Large Aircraft Section, International
                                          39–21231; AD 2020–18–10]
                                                                                                                         • Mail: U.S. Department of                                                Validation Branch, FAA, 2200 South
                                          RIN 2120–AA64                                                               Transportation, Docket Operations, M–                                        216th St., Des Moines, WA 98198;
                                                                                                                      30, West Building Ground Floor, Room                                         telephone and fax 206–231–3223; email
                                          Airworthiness Directives; Airbus SAS                                        W12–140, 1200 New Jersey Avenue SE,                                          Sanjay.Ralhan@faa.gov.
                                          Airplanes                                                                   Washington, DC 20590.                                                        SUPPLEMENTARY INFORMATION:
                                          AGENCY: Federal Aviation
                                                                                                                         • Hand Delivery: U.S. Department of
                                                                                                                                                                                                   Discussion
                                          Administration (FAA), DOT.                                                  Transportation, Docket Operations, M–
                                                                                                                      30, West Building Ground Floor, Room                                            The EASA, which is the Technical
                                          ACTION: Final rule; request for
                                                                                                                      W12–140, 1200 New Jersey Avenue SE,                                          Agent for the Member States of the
                                          comments.                                                                   Washington, DC 20590, between 9 a.m.                                         European Union, has issued EASA AD
                                          SUMMARY: The FAA is adopting a new                                          and 5 p.m., Monday through Friday,                                           2020–0176, dated August 5, 2020 (also
                                          airworthiness directive (AD) for all                                        except Federal holidays.                                                     referred to as the Mandatory Continuing
                                          Airbus SAS Model A319–151N and                                                 For material incorporated by reference                                    Airworthiness Information, or ‘‘the
                                          –153N; A320–251N, –252N, and –253N;                                         (IBR) in this AD, contact the EASA,                                          MCAI’’), to correct an unsafe condition
                                          and A321–251N, –252N, –253N,                                                Konrad-Adenauer-Ufer 3, 50668                                                for all Airbus SAS Model A319–151N
                                          –251NX, –252NX, and –253NX                                                  Cologne, Germany; telephone +49 221                                          and –153N; A320–251N, –252N, and
                                          airplanes. This AD was prompted by a                                        8999 000; email ADs@easa.europa.eu;                                          –253N; and A321–251N, –252N, –253N,
                                          report indicating that Kathon FP 1.5                                        internet www.easa.europa.eu. You may                                         –251NX, –252NX, and –253NX
                                          biocide added to fuel and running                                           find this IBR material on the EASA                                           airplanes.
                                          through an airplane’s engines can lead                                      website at https://ad.easa.europa.eu.                                           This AD was prompted by a report
                                          to engine performance degradation. This                                     You may view this IBR material at the                                        indicating that Kathon FP 1.5 biocide
                                          AD requires removing Kathon FP 1.5                                          FAA, Airworthiness Products Section,                                         added to fuel and running through an
                                          biocide from the fuel tanks and engines                                     Operational Safety Branch, 2200 South                                        airplane’s engines can lead to engine
                                          and prohibits operation of an airplane                                      216th St., Des Moines, WA. For                                               performance degradation. The FAA is
                                          with Kathon FP 1.5 biocide in a fuel                                        information on the availability of this                                      issuing this AD to address airplanes




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                                          tank or engine, as specified in a                                           material at the FAA, call 206–231–3195.                                      operated with fuel mixed with Kathon
                                          European Union Aviation Safety Agency                                       It is also available in the AD docket on                                     FP 1.5 biocide, which could result in
                                          (EASA) AD 2020–0176, which is                                               the internet at https://                                                     reduced engine performance, resulting
                                          incorporated by reference. The FAA is                                       www.regulations.gov by searching for                                         in reduced controllability of the
                                          issuing this AD to address the unsafe                                       and locating Docket No. FAA–2020–                                            airplane. See the MCAI for additional
                                          condition on these products.                                                0787.                                                                        background information.


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