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Coronavirus Food Assistance Program (rule, 85 FR 59380, September 22, 2020)

Summary

A final rule from the Office of the Secretary, USDA, setting the eligibility requirements, payment calculations and application procedures for a second round of Coronavirus Food Assistance Program payments (CFAP 2). It was published on September 22, 2020 (Vol. 85, No. 184), Docket ID FSA–2020–0006, RIN 0503–AA65. It extends the special payment limitation provisions to trusts and estates for CFAP 1 and amends provisions on applicable year and direct attribution of payments to members of legal entities. The rule states that the Secretary is using Commodity Credit Corporation funds, with an estimated $13.21 billion being made available. CFAP 2 payments are made for three categories of commodities: price trigger commodities, flat-rate crops and sales commodities. It is effective September 22, 2020.

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Cite this document

“Coronavirus Food Assistance Program (rule, 85 FR 59380, September 22, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/coronavirus-food-assistance-program-rule-85-fr-59380-september-22-2020-d3b1a7f7bb/, SHA-256 42cf8f978240e069e06cb021bb5b8e5a3f6b65ba94335c584ba3303fa053a6c4.

Full text

     59380                 Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations

                                                                                                                                                                                          Multiplier by separated
                                                                             Age of separated                                                                                            employee’s year of birth
                                                                            employee at birthday
                                                                               before death                                                                                                             From 1950
                                                                                                                                                                                        After 1966     through 1966

     46 .............................................................................................................................................................................         .4881            .5228
     47 .............................................................................................................................................................................         .5194            .5563
     48 .............................................................................................................................................................................         .5531            .5924
     49 .............................................................................................................................................................................         .5894            .6314
     50 .............................................................................................................................................................................         .6283            .6730
     51 .............................................................................................................................................................................         .6704            .7180
     52 .............................................................................................................................................................................         .7154            .7662
     53 .............................................................................................................................................................................         .7638            .8181
     54 .............................................................................................................................................................................         .8162            .8741
     55 .............................................................................................................................................................................         .8725            .9345
     56 .............................................................................................................................................................................         .9338           1.0000



     [FR Doc. 2020–20784 Filed 9–21–20; 8:45 am]                                   FR 30825–30835), with corrections                                             production and marketing of
     BILLING CODE 6325–38–P                                                        published in the Federal Register on                                          agricultural commodities;
                                                                                   June 12, 2020 (85 FR 35799–35800), July                                         • Remove or dispose of surplus
                                                                                   10, 2020 (85 FR 41328–41330), August                                          agricultural commodities; and
     DEPARTMENT OF AGRICULTURE                                                     14, 2020 (85 FR 49593–49594), and                                               • Develop new and additional
                                                                                   documents published in the Federal                                            markets, marketing facilities, and uses
     Office of the Secretary                                                       Register on May 22, 2020 (85 FR 31062–                                        for the commodities.
                                                                                   31065), June 12, 2020 (85 FR 35812),                                            Funds available under 15 U.S.C.
     7 CFR Part 9                                                                  July 10, 2020 (85 FR 41321–41323), and                                        714c(b), (d), and (e) cannot be used to
                                                                                   August 14, 2020 (85 FR 49589–49593).                                          provide assistance for tobacco; however,
     [Docket ID: FSA–2020–0006]
                                                                                   The application period for the first                                          tobacco will be eligible for CFAP 2 with
     RIN 0503–AA65                                                                 round of CFAP payments (referred to in                                        payments funded by remaining funds
                                                                                   this rule and hereinafter as CFAP 1) was                                      authorized by the Coronavirus Aid,
     Coronavirus Food Assistance Program                                           May 26, 2020, through September 11,                                           Relief, and Economic Security Act
     AGENCY: Office of the Secretary, USDA.                                        2020.                                                                         (CARES Act; Pub. L. 116–136).
                                                                                      In this final rule, USDA is
     ACTION: Final rule.                                                                                                                                         Payments
                                                                                   implementing a second round of
     SUMMARY: The Secretary of Agriculture                                         payments under CFAP (CFAP 2) for                                                CFAP 2 payments will be made for
     is issuing this rule to provide additional                                    producers of agricultural commodities                                         three categories of commodities:
     assistance under the Coronavirus Food                                         who face continuing market disruptions,                                         1. Price trigger commodities (major
     Assistance Program (CFAP) to                                                  low farm-level prices, and significant                                        commodities that meet a minimum 5-
     agricultural producers who continue to                                        marketing costs. These additional                                             percent price decline over a specified
     be impacted by the effects of the                                             significant marketing costs are                                               time period);
     COVID–19 outbreak. This rule specifies                                        associated with declines in demand,                                             2. Flat-rate crops; and
     the eligibility requirements, payment                                         surplus production, and disruptions to                                          3. Sales commodities.
     calculations, and application                                                 shipping patterns and the orderly                                               Eligible price trigger commodities
     procedures for a second round of                                              marketing of commodities.                                                     include barley, corn, sorghum,
     payments (CFAP 2). In addition, it also                                          CFAP 2 will provide eligible                                               soybeans, sunflowers, upland cotton,
     extends the special payment limitation                                        producers with financial assistance that                                      wheat (all classes), broilers, eggs, beef
     provisions to trusts and estates for CFAP                                     gives them the ability to absorb                                              cattle, dairy, hogs and pigs, and lambs
     1 and amends the provisions regarding                                         increased marketing costs associated                                          and sheep. Price trigger commodities are
     applicable year and direct attribution of                                     with the COVID–19 outbreak. In                                                commodities that had a 5 percent or
     payments to members of legal entities                                         accordance with 15 U.S.C. 714b, the                                           greater price decline due to COVID–19
     that qualify for the increased payment                                        Secretary is using funds of the                                               in a comparison of the average price for
     limitation.                                                                   Commodity Credit Corporation (CCC) to                                         the week of January 13–17, 2020, and
                                                                                   assist producers with the purchase of                                         the average price for the week of July
     DATES: Effective September 22, 2020.                                          materials and facilities required in                                          27–31, 2020. For price trigger crops,
     FOR FURTHER INFORMATION CONTACT:                                              connection with the production and                                            payments will be based on eligible acres
     William L. Beam; telephone: (202) 720–                                        marketing of agricultural commodities,                                        of the crop, which are the producer’s
     3175; email: Bill.Beam@usda.gov.                                              with an estimated $13.21 billion being                                        share of 2020 determined acres if
     Persons with disabilities who require                                         made available. These funds will be                                           established by FSA, or reported acres on
     alternative means for communication                                           used as authorized by sections 5(b), (d),                                     FSA–578 if determined acres have not
     should contact the USDA Target Center                                         and (e) of the CCC Charter Act (15                                            been established by FSA, excluding
     at (202) 720–2600 (voice).                                                    U.S.C. 714c(b), (d), and (e)). These                                          prevented planting and experimental
     SUPPLEMENTARY INFORMATION:                                                    authorities will be used to partially                                         acres. Payments for price trigger crops
                                                                                   compensate producers for on-going                                             will be the greater of: (1) The eligible
     Background                                                                                                                                                  acres multiplied by a payment rate of
                                                                                   market disruptions and assist with the
       In response to the COVID–19                                                 transition to a more orderly marketing                                        $15 per acre; or (2) the eligible acres
     outbreak, USDA implemented CFAP                                               system by enabling them to:                                                   multiplied by a nationwide crop
     through a final rule published in the                                            • Purchase materials and facilities                                        marketing percentage, multiplied by a
     Federal Register on May 21, 2020 (85                                          required in connection with the                                               crop-specific payment rate, and then by


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                      Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations                                       59381

     the producer’s weighted 2020 Actual                       • Other crops not included in the                   total amount of CFAP 2 payments made
     Production History (APH) approved                       price trigger and flat-rate categories,               with respect to all eligible commodities
     yield, or if the APH is not available, 85               including tobacco;                                    under all three categories.
     percent of the 2019 Agriculture Risk                      • Goat milk;                                           This rule also amends the special
     Coverage-County Option (ARC–CO)                           • Mink (including pelts);                           payment limitations in § 9.7(e) for both
     benchmark yield for that crop. For                        • Mohair; and                                       CFAP 1 and CFAP 2. Previously, the
     broilers and eggs, payments will be                       • Wool.                                             special payment limitation provisions
     based on 75 percent of the producer’s                     Payment calculations for the sales                  applied to corporations, limited liability
     2019 production. For dairy, payments                    commodities will use a sales-based                    companies, and limited partnerships.
     will be based on April 1 to August 31,                  approach based on five payment                        Those corporate entities may receive up
     2020, actual milk production and                        gradations associated with the                        to $750,000 in CFAP 1 payments based
     September 1, 2020, to December 31,                      producer’s 2019 sales of the commodity.               on the number of shareholders or
     2020, estimated milk production (based                    Payments cannot be calculated using                 members (not to exceed three
     on the producer’s daily average                         the methods described above for                       shareholders or members) who are
     production from April 1 to August 31,                   producers of broilers, eggs, and sales                contributing at least 400 hours of active
     2020, multiplied by the number of days                  commodities who began farming in                      personal labor or active personal
     the dairy operation commercially                        2020 and had no 2019 production or                    management or combination thereof
     markets milk from September 1, 2020,                    sales. Payments for such producers will               with respect to the operation of the
     through December 31, 2020). For price-                  be based on the producer’s actual 2020                corporate entity.
     triggered livestock, payments will be                   production or sales as of the date the                   This change amends the CFAP general
     based on a fixed number of head, which                  producer submits an application for                   provisions to extend those special
     is defined as the lower of the maximum                  payment.                                              payment limitation provisions to trusts
     owned inventory of eligible livestock,                                                                        and estates, allowing them to be eligible
                                                             Eligibility                                           for the optional payment limitation
     excluding breeding stock, on a date
                                                               Only commercially produced                          increase based on the labor or
     selected by the eligible producer from
                                                             commodities are eligible.                             management contributions of the
     April 16, 2020, through August 31,
                                                               Producer must be in the business of                 beneficiaries or heirs of such trusts and
     2020, or a specific number of head
                                                             farming at the time of application.                   estates. Extending these provisions to
     (4,546 head of cattle or 10,870 head of
                                                               Hay, except alfalfa, and crops                      trusts and estates is necessary to
     hogs). In the payment calculation, the
                                                             intended for grazing are ineligible for               recognize that, similar to members,
     maximum number of head of cattle and
                                                             CFAP 2 and will not receive a CFAP 2                  partners, and stockholders of corporate
     hogs, respectively, will be multiplied by
                                                             payment. Crops with intended uses of                  entities, beneficiaries and heirs of trusts
     the number of payment limitations for
                                                             green manure and left standing are also               and estates may contribute at least 400
     the producer.
                                                             ineligible.                                           hours of active personal labor or active
        Flat-rate crops are crops that either do               Contract growers are ineligible for                 personal management or a combination
     not meet the 5-percent price decline                    CFAP 2 and will not receive a CFAP 2                  thereof. Furthermore, trusts and estates
     trigger noted above or do not have data                 payment.                                              are also affected by the price declines
     available to calculate a price change, but                                                                    caused by COVID–19.
     will have CFAP 2 payments calculated                    Average Adjusted Gross Income
                                                                                                                      This rule also changes the method by
     based on eligible acres of the crop                     Limitation and Payment Limitation
                                                                                                                   which payments under the special
     planted in 2020, similar to price trigger                 A person or legal entity, other than a              payment limitation provisions are
     crops. Eligible flat-rate crops include                 joint venture or general partnership, is              attributed to individuals and legal
     alfalfa, Extra Long Staple (ELS) cotton,                ineligible for payments if the person’s or            entities for both CFAP 1 and CFAP 2.
     oats, peanuts, and rice, as well as some                legal entity’s average adjusted gross                 The increased CFAP payment limitation
     crops with relatively small acreage—                    income (AGI), using the average of the                for corporations, limited liability
     such as amaranth grain, buckwheat,                      adjusted gross incomes for the 2016,                  companies, limited partnerships, trusts,
     canola, crambe (colwort), einkorn,                      2017 and 2018 tax years, is more than                 and estates based on contributions of at
     emmer, flax, guar, hemp, indigo,                        $900,000, unless at least 75 percent of               least 400 hours of active personal labor
     industrial rice, kenaf, Khorasan, millet,               that person’s or legal entity’s average               or active personal management or
     mustard, oats, peanuts, quinoa, rice,                   AGI is derived from farming, ranching,                combination thereof is unlike the
     sweet rice, wild rye, safflower, sesame,                or forestry-related activities. If at least           payment limitation under any other
     speltz, sugar beets, sugarcane, teff,                   75 percent of the person’s or legal                   program administered by FSA. FSA’s
     triticale, and rapeseed. For flat-rate                  entity’s AGI is derived from farming,                 method of attributing CFAP payments
     crops, payments will be computed by                     ranching, or forestry-related activities              based on ownership share of the legal
     multiplying: (1) The producer’s share of                and the participant provides the                      entity in accordance with 7 CFR
     reported or determined 2020 planted                     required certification and                            1400.105, which applies to other FSA-
     acres of the crop, excluding prevented                  documentation, the person or legal                    administered programs subject to
     planted and experimental acres, by (2)                  entity is eligible to receive CFAP                    payment limitation, creates inequity
     $15 per acre.                                           payments up to the applicable payment                 when the pay limit for the legal entity
        The sales commodities category                       limitation.                                           is increased under the special
     includes:                                                 With respect to joint ventures and                  provisions but not increased for each
                                                             general partnerships, this AGI provision              member of the entity.
        • Aquaculture grown in a controlled
                                                             will be applied to each member of the                    Under 7 CFR 1400.105 for attributing
     environment;
                                                             joint venture and general partnership.                payments for most commodity
        • Nursery crops and floriculture;                      CFAP 2 payments are subject to a per                programs, the maximum amount that a
        • Other livestock (excluding breeding                person and legal entity payment                       legal entity could receive is limited by
     stock) not included under the price                     limitation of $250,000. This payment                  the maximum amount each eligible
     trigger category that were grown for                    limitation is separate from the CFAP 1                member may receive (directly or
     food, fiber, fur, or feathers;                          payment limitation, and it applies to the             indirectly) based on ownership interest


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     59382            Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations

     in the legal entity, which is $250,000.                 coverage or coverage under the                           If USDA determines that the
     For example, under current attribution                  Noninsured Crop Disaster Assistance                   producer’s application misrepresented
     rules, a corporation that qualifies for the             Program (NAP) for an eligible CFAP                    either the total amount or producer’s
     increased limitation of $500,000 may                    commodity to be eligible for CFAP 2.                  share of the acres, production, head of
     only receive $450,000 when                                                                                    livestock, or sales, or if the CFAP 2
                                                             Application Process
     stockholders have unequal ownership                                                                           payment would exceed the payment as
     shares in the legal entity. In this                       FSA will be responsible for                         calculated based on the correct share of
     example, Stockholder A holds 60                         implementing CFAP 2. FSA will accept                  the acres, production, head of livestock,
     percent ownership share and                             CFAP 2 applications beginning                         or sales, the application will be
     Stockholder B holds 40 percent                          September 21, 2020, and ending                        disapproved and the participant must
     ownership share. The payment to the                     December 11, 2020. To apply for CFAP                  refund to USDA all CFAP 2 payments
     legal entity is determined by                           2 payments, producers must submit a                   made to the producer with interest from
     multiplying each stockholder’s                          completed CFAP 2 application either in                the date of disbursement.
     ownership interest by the payment                       person, by mail, email, or facsimile to                  Any required refunds must be
     limitation of the corporation. (For                     an FSA county office. A producer who                  resolved in accordance with debt
     Stockholder A, 60 percent × $500,000 =                  applies must submit additional                        settlement regulations in 7 CFR part 3.
     $300,000 (not to exceed $250,000); for                  documentation for eligibility, such as                Other Changes
     Stockholder B, 40 percent × $500,000 =                  certifications of compliance with
     $200,000). The maximum payment to                                                                                In addition to the changes necessary
                                                             adjusted gross income provisions and                  to implement CFAP 2, USDA is moving
     the legal entity in this case is $450,000               conservation compliance activities;
     ($250,000 + $200,000). With the change                                                                        definitions and payment calculation
                                                             those additional documents and forms                  provisions that are specific to CFAP 1 to
     to attribution in this rule applicable to               must be submitted no later than 60 days
     CFAP 1 and CFAP 2, the payment to the                                                                         a new subpart B. This change is for
                                                             from the date a producer signs the                    organizational purposes only; this rule
     legal entity qualifying for the increased               application. Payments will not be made
     payment limitation will not be reduced                                                                        does not change those definitions and
                                                             until all necessary eligibility                       provisions.
     for ownership share, except for                         documentation is received, and will be
     ineligibility or prior payments to a                                                                             This rule also adds a definition of
                                                             reduced or not issued to the individuals              ‘‘controlled environment’’ in § 9.2. This
     member, stockholder, partner, heir or                   or members of the entity when the
     beneficiary. The correction in how FSA                                                                        definition is consistent with how the
                                                             documentation is not submitted timely.                term has been interpreted for the
     attributes and limits CFAP payments                     Producers who are applying for
     under the special provisions to the                                                                           administration of CFAP 1 and for other
                                                             payment for price trigger or flat-rate                FSA disaster programs (see FSA
     members of the legal entity provides the                crops must file a report of all acreage for
     ability for the legal entity to receive the                                                                   handbook for CFAP 1 and the NAP
                                                             the crop on FSA–578, Report of                        handbook, found under Disaster
     maximum amount, not to exceed
                                                             Acreage.                                              Assistance on the following web page:
     $500,000 or $750,000 as applicable,
     under the increased payment limitation,                   If supporting documentation is                      https://www.fsa.usda.gov/programs-
     regardless of the ownership interests of                requested to verify the information                   and-services/laws-and-regulations/
     the members, partners, and                              specified on the application, the                     handbooks/index); it is added only to
     stockholders, beneficiaries, or heirs                   producer must provide records that                    provide clarity.
     contributing at least 400 hours of active               substantiate the reported information.
                                                             Examples of supporting documentation                  Notice and Comment and Effective Date
     personal labor or active personal
     management. However, a member,                          include evidence provided by the                         The Administrative Procedure Act (5
     stockholder, partner, beneficiary, or heir              producer that is used to substantiate the             U.S.C. 553(a)(2)) provides that the
     cannot receive, directly or indirectly,                 acres, sales, inventory, or production                notice and comment and 30-day delay
     more than $250,000 under each round                     reported, including copies of receipts,               in the effective date provisions do not
     of payments (CFAP 1 and CFAP 2),                        ledgers of income, income statements of               apply when the rule involves specified
     regardless of whether payments                          deposit slips, veterinarian records,                  actions, including matters relating to
     attributed to them are subject to the                   register tapes, invoices for custom                   benefits. This rule governs CFAP for
     regular payment limitation or the                       harvesting, and records to verify                     payments to certain commodity
     special increased limitations.                          production costs, contemporaneous                     producers and therefore falls within the
        This rule removes ‘‘2019’’ as the                    measurements, truck scale tickets, or                 benefits exemption.
     applicable commodity year in                            contemporaneous diaries that are                         The Office of Management and Budget
     § 9.7(e)(2)(ii) and (iii) because CFAP                  determined acceptable by USDA.                        (OMB) designated this rule as major
     eligibility may be based on 2019 or 2020                                                                      under the Congressional Review Act
                                                             Provisions Requiring Refund to USDA                   (CRA), as defined by 5 U.S.C. 804(2).
     production of the commodity, as
     specified in the applicable payment                       In the event that any application for               Section 808 of the CRA allows an
     calculations.                                           a CFAP 2 payment resulted from                        agency to make a major regulation
                                                             erroneous information reported by the                 effective immediately if the agency finds
     CFAP General Requirements                                                                                     there is good cause to do so. The
                                                             producer, the payment will be
       The general eligibility requirements                  recalculated, and the producer must                   beneficiaries of this rule have been
     that applied to CFAP 1 also apply to                    refund any excess payment to USDA. If                 significantly impacted by the COVID–19
     CFAP 2, including requiring compliance                  the error was the producer’s error, the               outbreak, which has resulted in
     with 7 CFR part 12, ‘‘Highly Erodible                   refund must include interest 1 to be                  significant declines in demand and
     Land and Wetland Conservation’’ and 7                   calculated from the date of the                       market disruptions. USDA finds that
     CFR part 1400 subpart E, ‘‘Foreign                      disbursement to the producer.                         notice and public procedure are
     Persons.’’ Appeal regulations in 7 CFR                                                                        contrary to the public interest.
     parts 11 and 780 also apply to CFAP 2.                    1 The program interest rate is based on the CCC     Therefore, even though this rule is a
       As under CFAP 1, there is no                          borrowing rate in effect for the month the payment    major rule for purposes of the
     requirement to have crop insurance                      was disbursed.                                        Congressional Review Act, USDA is not


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                      Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations                                       59383

     required to delay the effective date for                CFAP 1 (which covered Quarter 1 of                    Act (NEPA), the regulations of the
     60 days from the date of publication to                 2020), although the focus now is on                   Council on Environmental Quality (40
     allow for Congressional review.                         Quarter 2 through Quarter 4 of calendar               CFR parts 1500–1508), and because
     Accordingly, this rule is effective upon                2020. Payments are based on the price                 USDA will be making the payments to
     publication in the Federal Register.                    decline calculated between mid-January                producers the USDA regulations for
                                                             and late-July and use an 80 percent                   compliance with NEPA (7 CFR part 1b).
     Executive Orders 12866, 13563, and                                                                               Although OMB has designated this
                                                             coverage factor. Where available, mid-
     13777                                                                                                         rule as ‘‘economically significant’’
                                                             January and late July futures prices (for
        Executive Order 12866, ‘‘Regulatory                  either the November or December                       under Executive Order 12866, ‘‘. . .
     Planning and Review,’’ and Executive                    contract) were used to estimate the                   economic or social effects are not
     Order 13563, ‘‘Improving Regulation                     market’s price expectations toward the                intended by themselves to require
     and Regulatory Review,’’ direct agencies                end of calendar 2020. Future contracts                preparation of an environmental impact
     to assess all costs and benefits of                     are not traded for all crops with a price             statement’’ when not interrelated to
     available regulatory alternatives and, if               trigger nor are they available for eggs,              natural or physical environmental
     regulation is necessary, to select                      broilers, and lamb. For these                         effects (see 40 CFR 1508.14). CFAP 2
     regulatory approaches that maximize                     commodities, actual prices received in                was designed to avoid skewing planting
     net benefits (including potential                       mid-January and late July are used as a               decisions. Producers continue to make
     economic, environmental, public health                  proxy. Depending on the yield for a                   their planting and production decisions
     and safety effects, distributive impacts,               given producer’s crop in this category,               with the market signals in mind, rather
     and equity). Executive Order 13563                      the payment may calculate to less than                than any expectation of what a new
     emphasizes the importance of                            $15 per acre. In such cases, the payment              USDA program might look like. The
     quantifying both costs and benefits, of                 is raised to $15 per acre, which is the               discretionary aspects of CFAP 2 (for
     reducing costs, of harmonizing rules,                   payment for the flat-rate category                    example, determining AGI and payment
     and of promoting flexibility. The                       discussed below.                                      limitations) were designed to be
     requirements in Executive Orders 12866                     Producers of the flat-rate commodities             consistent with established USDA and
     and 13563 for the analysis of costs and                 receive a $15 per-acre payment based on               CCC programs and are not expected to
     benefits apply to rules that are                        their eligible 2020 acreage.                          have any impact on the human
     determined to be significant. Further,                     For the sales-based commodities,                   environment, as CFAP 2 payments will
     Executive Order 13777, ‘‘Enforcing the                  payment calculations will use a sales-                only be made after the commodity has
     Regulatory Reform Agenda,’’ established                 based approach, where producers are                   been produced. Accordingly, the
     a federal policy to alleviate unnecessary               paid based on five payment gradations                 following Categorical Exclusion in 7
     regulatory burdens on the American                      associated with their 2019 sales. In                  CFR part 1b applies: 1b.3(2), which
     people.                                                 addition, tobacco is a sales-based                    applies to activities that deal solely with
        The Office of Management and Budget                  commodity under CFAP 2 and a CARES                    the funding of programs, such as
     (OMB) designated this rule as                           Act payment will be calculated using                  program budget proposals,
     economically significant under                          remaining CARES Act funds, not to                     disbursements, and the transfer or
     Executive Order 12866, ‘‘Regulatory                     exceed $100 million.                                  reprogramming of funds. As such, the
     Planning and Review,’’ and therefore,                      Estimated net payments to producers                implementation of and participation in
     OMB has reviewed this rule. The costs                   of $13.21 billion represent benefits to               CFAP 2 do not constitute major Federal
     and benefits of this rule are summarized                producers, which is the government cost               actions that would significantly affect
     below. The full cost benefit analysis is                of CFAP 2. Outlays are estimated at                   the quality of the human environment,
     available on regulations.gov.                           expected maximum levels.                              individually or cumulatively. Therefore,
                                                                                                                   an environmental assessment or
     Cost Benefit Analysis Summary                           Regulatory Flexibility Act                            environmental impact statement for this
        CFAP 2 will provide producers with                      The Regulatory Flexibility Act (5                  regulatory action, will not be prepared;
     financial assistance that gives them the                U.S.C. 601–612), as amended by the                    this rule serves as documentation of the
     ability to absorb increased marketing                   Small Business Regulatory Enforcement                 programmatic environmental
     costs associated with the COVID–19                      Fairness Act of 1996 (SBREFA, Pub. L.                 compliance decision for this federal
     outbreak. Producers will receive                        104–121), generally requires an agency                action.
     payments under the CCC Charter Act                      to prepare a regulatory flexibility
     (section 5(b), (d), and (e)) with an                                                                          Executive Order 12372
                                                             analysis of any rule whenever an agency
     estimated $13.21 billion being made                     is required by the Administrative                        Executive Order 12372,
     available (after payment limitations).                  Procedure Act or any other law to                     ‘‘Intergovernmental Review of Federal
        Producers will be compensated for                    publish a proposed rule, unless the                   Programs,’’ requires consultation with
     on-going market disruptions and to                      agency certifies that the rule will not               State and local officials that would be
     transition to a more orderly marketing                  have a significant economic impact on                 directly affect by proposed Federal
     system. Payments will assist producers                  a substantial number of small entities.               financial assistance. The objectives of
     with the purchase of materials and                      This rule is not subject to the Regulatory            the Executive Order are to foster an
     facilities required in connection with                  Flexibility Act because USDA is not                   intergovernmental partnership and a
     the production and marketing of                         required by the Administrative                        strengthened Federalism, by relying on
     agricultural commodities, aid in the                    Procedure Act or any other law to                     State and local processes for State and
     removal or disposition of surplus                       publish a proposed rule for this                      local government coordination and
     agricultural commodities, and aid in the                rulemaking initiative.                                review of proposed Federal Financial
     development of new and additional                                                                             assistance and direct Federal
     markets, marketing facilities, and uses                 Environmental Review                                  development. For reasons specified in
     for such commodities.                                      The environmental impacts of this                  the final rule related notice to 7 CFR
        For the price trigger commodities, the               final rule have been considered in a                  part 3015, subpart V (48 FR 29115, June
     approach to calculating CFAP 2                          manner consistent with the provisions                 24, 1983), the programs and activities
     payments is very similar to that used for               of the National Environmental Policy                  within this rule are excluded from the


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     59384            Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations

     scope of Executive Order 12372, which                   The Unfunded Mandates Reform Act of                   § § 9.1 through 9.8 [Redesignated as
     requires intergovernmental consultation                 1995                                                  Subpart A]
     with State and local officials.                                                                               ■ 2. Redesignate §§ 9.1 through 9.8 as
                                                                Title II of the Unfunded Mandates
     Executive Order 12988                                   Reform Act of 1995 (UMRA, Pub. L.                     subpart A and add a heading for subpart
                                                             104–4) requires Federal agencies to                   A to read as follows:
        This rule has been reviewed under
     Executive Order 12988, ‘‘Civil Justice                  assess the effects of their regulatory
                                                                                                                   Subpart A—General Provisions
     Reform.’’ This rule will not preempt                    actions on State local, and Tribal
     State or local laws, regulations, or                    governments or the private sector.                    ■ 3. In § 9.1 amend paragraph (a)
     policies unless they represent an                       Agencies generally must prepare a                     introductory text by adding two
     irreconcilable conflict with this rule.                 written statement, including a cost                   sentences after the second sentence to
     Before any judicial action may be                       benefit analysis, for proposed and final              read as follows:
     brought regarding the provisions of this                rules with Federal mandates that may
     rule, the administrative appeal                         result in expenditures of $100 million or             § 9.1    Applicability and administration
     provisions of 7 CFR parts 11 and 780                    more in any 1 year for State, local, or                  (a) * * * CFAP is being implemented
     must be exhausted.                                      Tribal governments, in the aggregate, or              through two rounds of payments, with
                                                             to the private sector. UMRA generally                 the first round (CFAP 1) determined as
     Executive Order 13132                                   requires agencies to consider                         specified in subpart B of this part, and
       This rule has been reviewed under                     alternatives and adopt the more cost                  the second round (CFAP 2) determined
     Executive Order 13132, ‘‘Federalism.’’                  effective or least burdensome alternative             as specified in subpart C of this part. To
     The policies contained in this rule do                  that achieves the objectives of the rule.             be eligible for CFAP payments,
     not have any substantial direct effect on               This rule contains no Federal mandates,               participants must comply with all
     States, on the relationship between the                 as defined in Title II of UMRA, for State,            provisions under this subpart and the
     Federal government and the States, or                   local, and Tribal governments or the                  relevant particular subpart for CFAP 1
     on the distribution of power and                        private sector. Therefore, this rule is not           or CFAP 2. * * *
     responsibilities among the various                      subject to the requirements of sections
                                                                                                                   *      *     *      *     *
     levels of government, except as required                202 and 205 of UMRA.
                                                                                                                   ■ 4. Amend § 9.2 by:
     by law. Nor does this rule impose                       Federal Assistance Programs                           ■ a. In the introductory text, removing
     substantial direct compliance costs on                                                                        the word ‘‘CFAP’’ and adding the words
     State and local governments. Therefore,                   The title and number of the Federal
                                                             Domestic Assistance Program found in                  ‘‘this part’’ in its place;
     consultation with the States is not
                                                             the Catalog of Federal Domestic                       ■ b. Removing the definitions of ‘‘All
     required.
                                                             Assistance to which this rule applies is              other cattle’’, ‘‘Aquaculture’’, and
     Executive Order 13175                                   Coronavirus Food Assistance Program 2                 ‘‘Cattle raised or maintained for
                                                             and 10.132.                                           breeding purposes’’;
        This rule has been reviewed for
                                                                                                                   ■ c. Adding the definition of
     compliance with Executive Order                         Paperwork Reduction Act
     13175, ‘‘Consultation and Coordination                                                                        ‘‘Controlled environment’’; and
     with Indian Tribal Governments.’’                         In accordance with the Paperwork                    ■ d. Removing the definitions of
     Executive Order 13175 requires Federal                  Reduction Act of 1995, FSA submitted                  ‘‘Crop’’, ‘‘Feeder cattle 600 pounds or
     agencies to consult and coordinate with                 the CFAP 2 information collection                     more’’, ‘‘Feeder cattle less than 600
     Tribes on a government-to-government                    request to OMB for emergency approval.                pounds’’, ‘‘First quarter’’, ‘‘Lambs and
     basis on policies that have Tribal                      OMB approved the 6-month emergency                    yearlings’’, ‘‘Non-specialty crop’’,
     implications, including regulations,                    information collection.                               ‘‘Producer’’, ‘‘Second quarter’’,
     legislative comments proposed                                                                                 ‘‘Slaughter cattle—fed cattle’’,
                                                             E-Government Act Compliance
     legislation, and other policy statements                                                                      ‘‘Slaughter cattle—mature cattle’’,
     or actions that have substantial direct                   USDA is committed to complying                      ‘‘Specialty crops’’, and ‘‘Unpriced’’.
     effects on one or more Indian Tribes, on                with the E-Government Act to promote                     The addition reads as follows.
     the relationship between the Federal                    the use of the internet and other
                                                                                                                   § 9.2    Definitions.
     Government and Indian Tribes or on the                  information technologies to provide
     distribution of power and                               increased opportunities for citizen                   *     *     *    *      *
     responsibilities between the Federal                    access to Government information and                    Controlled environment means an
     government and Indian Tribes.                           services, and for other purposes.                     environment in which everything that
                                                                                                                   can practicably be controlled by the
        USDA has assessed the impact of this                 List of Subjects in 7 CFR Part 9                      producer with structures, facilities, and
     rule on Indian Tribes and determined
                                                               Agricultural commodities,                           growing media (including but not
     that this rule does not, to our
                                                             Agriculture, Disaster assistance,                     limited to water, soil, or nutrients), is in
     knowledge, have Tribal implications
                                                             Indemnity payments.                                   fact controlled by the producer, as
     that required Tribal consultation under
                                                                                                                   determined by industry standards.
     Executive Order 13175. If a Tribe                          For the reasons discussed above, this
     requests consultation, the USDA Office                  final rule amends 7 CFR part 9 as                     *     *     *    *      *
     of Tribal Relations (OTR) will ensure                   follows:                                              § 9.3    [Amended]
     meaningful consultation is provided
     where changes, additions, and                           PART 9—CORONAVIRUS FOOD                               ■ 5. In § 9.3 amend paragraph (c) by
     modifications are not expressly                         ASSISTANCE PROGRAM                                    removing the word ‘‘Have’’ and adding
     mandated by Congress.                                                                                         the words ‘‘For payments under § 9.102
        Outside of Tribal consultation, USDA                 ■ 1. The authority citation for part 9                of this part, have’’ in its place.
     is working with Tribes to provide                       continues to read as follows:                         ■ 6. Amend § 9.4 by revising paragraph
     information about CFAP 2 and other                        Authority: 15 U.S.C. 714b and 714c; and             (a) and adding paragraph (d) to read as
     issues.                                                 Division B, Title I, Pub. L. 116–136.                 follows:


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                      Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations                                      59385

     § 9.4   Time and method of application.                 active personal labor or active personal              except where they conflict with the
        (a) A completed application under                    management or combination thereof                     definitions in this section.
     this subpart must be submitted in                       with respect to the production of                        All other cattle means commercially
     person, by mail, email, or facsimile to                 commodities for which an application                  raised or maintained bovine animals not
     any FSA county office by the close of                   or applications are made in accordance                meeting the definition of another
     business on:                                            with this part.                                       category of cattle in this part, excluding
        (1) September 11, 2020, for payments                    (3)(i) Except for payments subject to              beefalo, bison, and animals used for
     issued under § 9.102 of this part; and                  the increased payment limitation in                   dairy production or intended for dairy
        (2) December 11, 2020, for payments                  (e)(2)(ii) and (e)(2)(iii) of this section, a         production.
     issued under § 9.202 of this part.                      CFAP payment made to any legal entity                    Aquaculture means only those species
     *      *    *    *      *                               will be attributed to individuals or legal            as announced in a NOFA.
        (d) A producer applying for assistance               entities with an ownership interest in                   Cattle raised or maintained for
     for a crop subject to § 9.202(a) or (b)                 the legal entity in accordance with                   breeding purposes means animals
     must file a report of all acreage of the                § 1400.105 of this title. Payments                    commercially raised or maintained for
     crop on FSA–578, Report of Acreage.                     attributed to a legal entity with an                  use as either a sire or dam for the
                                                             ownership interest in the legal entity                production of livestock offspring or
     § 9.5   [Redesignated as § 9.102]                       will be further attributed as provided in             lactation.
                                                             § 1400.105 of this title. If the legal entity            Crop means non-specialty crops and
     ■ 7. Redesignate § 9.5 as § 9.102.
                                                             does not qualify for an increased                     specialty crops.
     § 9.5   [Reserved]                                      payment limitation under (e)(2)(ii) or                   Feeder cattle 600 pounds or more
                                                             (iii) of this section and the total amount            means cattle weighing more than 600
     ■ 8. Add and reserve a new § 9.5.
                                                             of CFAP payments made directly or                     pounds but less than the weight of
     ■ 9. Amend § 9.7 by:                                                                                          slaughter cattle-fed cattle as defined in
                                                             indirectly to an individual or legal
     ■ a. In paragraph (e)(1) adding the                                                                           this section.
                                                             entity has met the applicable amount
     words ‘‘under each of subparts B and C’’                                                                         Feeder cattle less than 600 pounds
                                                             specified in paragraph (e)(1) of this
     after ‘‘$250,000’’ both times it appears;                                                                     means cattle weighing less than 600
                                                             section, the payment to the legal entity
     ■ b. Revising paragraphs (e)(2) and (3);                                                                      pounds.
                                                             will be reduced commensurate with the
     and                                                                                                              First quarter means January, February,
                                                             amount of the ownership interest of the
     ■ c. In paragraph (h), removing                                                                               and March of 2020.
                                                             individual or legal entity in the legal
     ‘‘September 11, 2020,’’ and adding the                                                                           Lambs and yearlings means all sheep
                                                             entity. CFAP payments subject to
     words ‘‘the applicable date in § 9.4(a)’’                                                                     less than 2 years old.
                                                             attribution under this paragraph will be
     in its place.                                                                                                    Non-specialty crop means any of the
                                                             attributed to individuals and legal
        The revisions read as follows.                                                                             following crops: Barley, canola, corn,
                                                             entities until the attribution is made
                                                                                                                   durum wheat, hard red spring wheat,
     § 9.7   Miscellaneous provisions.                       only to an individual except the
                                                                                                                   millet, oats, sorghum, soybeans,
     *       *    *       *     *                            attribution will stop at the fourth level
                                                                                                                   sunflowers, and upland cotton. The
        (e) * * *                                            of ownership.
                                                                (ii) A payment subject to the                      term excludes crops intended for
        (2)(i) The total amount of CFAP                                                                            grazing.
     payments a corporation, limited liability               increased payment limitation in
                                                                                                                      Producer means a person or legal
     company, limited partnership, trust, or                 (e)(2)(ii) or (iii) of this section will be
                                                                                                                   entity who shares in the risk of
     estate may receive is $250,000 under                    limited to the lesser of the amount
                                                                                                                   producing a crop or livestock and who
     each of subparts B and C unless the                     specified in either (e)(2)(ii) or (iii) of this
                                                                                                                   is entitled to a share in the crop or
     members, partners, stockholders,                        section, or the sum of the amount
                                                                                                                   livestock available for marketing or
     beneficiaries, or heirs of the legal entity             specified in (e)(1) of this section that
                                                                                                                   would have shared had the crop or
     meet the provisions of paragraphs                       each eligible member, stockholder,
                                                                                                                   livestock been produced and marketed.
     (e)(2)(ii) or (iii) of this section.                    partner, heir, or beneficiary of the legal
                                                                                                                   A contract grower who does not own the
        (ii) The total amount of CFAP                        entity may receive, regardless of
                                                                                                                   livestock, will be considered a producer
     payments a corporation, limited liability               ownership share. Payments attributed to
                                                                                                                   if the contract allows the grower to have
     company, limited partnership, trust, or                 a legal entity with an ownership interest
                                                                                                                   risk in the livestock.
     estate may receive is $500,000 under                    in the legal entity will be further                      Second quarter means April, May,
     each of subparts B and C if two different               attributed to individuals and legal                   and June of 2020.
     individual persons who are members,                     entities until the attribution is made                   Slaughter Cattle—fed cattle means
     partners, stockholders, beneficiaries, or               only to an individual, except the                     cattle with a weight of 1,200 pounds or
     heirs of the legal entity each provided                 attribution will stop at the fourth level             more that are intended for slaughter.
     at least 400 hours of active personal                   of ownership.                                            Slaughter cattle—mature cattle means
     labor or active personal management or                  *       *     *      *     *                          culled cattle raised or maintained for
     combination thereof with respect to the                 ■ 10. Add subpart B, consisting of                    breeding purposes, but which were
     production of commodities for which an                  § 9.101 and newly redesignated § 9.102,               removed from inventory and are
     application or applications are made in                 to read as follows:.                                  intended for slaughter.
     accordance with this part.                                                                                       Specialty crops means any of the
        (iii) The total amount of CFAP                       Subpart B—CFAP 1                                      following crops: Almonds; apples;
     payments a corporation, limited liability                                                                     artichokes; asparagus; avocados; beans;
                                                             Sec.
     company, limited partnership, trust, or                 9.101     Definitions.                                blueberries; broccoli; cabbage;
     estate may receive is $750,000 under                    9.102     Calculation of payments.                    cantaloupe; carrots; cauliflower; celery;
     each of subparts B and C if three                                                                             corn, sweet; cucumbers, eggplant; garlic;
     different individual persons who are                    § 9.101    Definitions.                               grapefruit; kiwifruit; lemons; lettuce,
     members, partners, stockholders,                          The following definitions apply to                  iceberg; lettuce, romaine; mushrooms;
     beneficiaries, or heirs of the legal entity             this subpart. The definitions in parts                onions, dry; onions, green; oranges;
     each provided at least 400 hours of                     718 and 1400 of this title also apply,                papayas; peaches; pears; pecans;


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     59386            Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations

     peppers, bell type; peppers, other;                     hemp, indigo, industrial rice, kenaf,                 pennycress, peppermint, pohole,
     potatoes; raspberries; rhubarb; spinach;                khorasan, millet, mustard, oats, peanuts,             psyllium, rosemary, sage, savory, shrubs
     squash; strawberries; sweet potatoes;                   quinoa, rapeseed, rice, rice, sweet, rice,            (forbs), sorrel, spearmint, tangos, tea,
     tangerines; taro; tomatoes; walnuts;                    wild, rye, safflower, sesame, speltz,                 thyme, turmeric, vanilla, wasabi, water
     watermelons; and any crops for which                    sugar beets, sugarcane, teff, and triticale.          cress, and yu cha.
     funds are made available. The term                      The term excludes hay, except alfalfa,                   Ineligible commodities for CFAP 2
     excludes crops intended for grazing.                    and crops with intended uses of grazing,              means any of the following
        Unpriced means not subject to an                     green manure, or left standing.                       commodities: Birdsfoot and trefoil,
     agreed-upon price in the future through                    Floriculture means cut flowers and                 clover, cover crop, fallow, forage
     a forward contract, agreement, or similar               cut greenery from annual and perennial                soybeans, forage sorghum, gardens
     binding document as of January 15,                      flowering plants grown in a container or              (commercial and home), grass, kochia
     2020.                                                   controlled environment for commercial                 (prostrata), lespedeza, milkweed, mixed
     ■ 11. Add Subpart C, consisting of
                                                             sale. Floriculture is included in sales               forage, pelts (excluding mink), perennial
     §§ 9.201 through 9.202, to read as                      commodities.                                          peanuts, pollinators, sunn hemp, vetch,
                                                                Fruits means any of the following                  and seed of ineligible crops.
     follows:
                                                             fruits: Abiu, acerola (Barbados cherry),                 Nursery crops means decorative or
     Subpart C—CFAP 2                                        achachairu, antidesma, apples, apricots,              nondecorative plants grown in a
                                                             aronia (chokeberry), atemoya (custard                 container or controlled environment for
     Sec.                                                    apple), bananas, blueberries, breadfruit,             commercial sale. Nursery crops are
     9.201     Definitions.                                  cacao, caimito, calabaza melon, canary                included in sales commodities.
     9.202     Calculation of payments.                      melon, canary seed, caneberries,                         Other livestock means any of the
     § 9.201    Definitions.                                 canistel, cantaloupes, carambola (star                following livestock: Animals
                                                             fruit), casaba melon, cherimoya (sugar                commercially raised for food, fur, fiber,
        The following definitions apply to                   apple), cherries, Chinese bitter melon,               or feathers, including alpacas, bison,
     this subpart. The definitions in parts                  citron, citron melon, coconuts,                       buffalo, beefalo, deer, ducks, elk, emus,
     718 and 1400 of this title also apply,                  cranberries, crenshaw melon, dates,                   geese, goats, guinea pigs, llamas, mink,
     except where they conflict with the                     donaqua (winter melon), durian,                       ostrich, pheasants, quail, rabbits,
     definitions in this section.                            elderberries, figs, genip, gooseberries,              reindeer, and turkey. It excludes all
        Aquaculture means any species of                     grapefruit, grapes, ground cherrry,                   equine, breeding stock, companion or
     aquatic organisms grown as food for                     guamabana (soursop), guava,                           comfort animals, pets, and animals
     human consumption, fish raised as feed                  guavaberry, honeyberries, honeydew,                   raised for hunting or game purposes.
     for fish that are consumed by humans,                   huckleberries, Israel melons, jack fruit,                Prevented planting means the
     ornamental fish propagated and reared                   jujube, juneberries, kiwiberry, kiwifruit,            inability to plant the intended crop
     in an aquatic medium. Eligible                          Korean golden melon, kumquats,                        acreage with proper equipment by the
     aquacultural species must be raised by                  langsat, lemons, limequats, limes,                    final planting date for the crop type
     a commercial operator and in water in                   longan, loquats, lychee, mangos,                      because of a natural disaster.
     a controlled environment.                               mangosteen, mayhaw berries, mesple,                      Price trigger commodities means price
        Breeding stock means:                                mulberries, nectarines, oranges, papaya,              trigger crops and price trigger livestock
        (1) For cattle, bulls and cows;                      passion fruits, pawpaw, peaches, pears,               and products as defined in this section.
        (2) For hogs and pigs, boars and sows;               pecans, pineapple, pitaya (dragon fruit),                Price trigger crops means any of the
     and                                                     plantain, plumcots, plums,                            following crops: Barley, corn, sorghum,
        (3) For lambs and sheep, rams and                    pomegranates, prunes, pummelo,                        soybeans, sunflowers, upland cotton,
     ewes.                                                   raisins, rambutan, sapodilla, sapote,                 wheat (all classes), excluding crops with
        Broilers includes any chicken that has               schizandra berries, sprite melon, star                an intended use of grazing, green
     been commercially produced for meat                     gooseberry, strawberries, tangelos,                   manure, or left standing.
     purposes that has left the farm for                     tangerines, tangors, wampee,                             Price trigger livestock and products
     slaughter, and not used for laying or                   watermelon, wax jamboo fruit, and                     means any of the following livestock
     breeding purposes.                                      wolfberry (goji).                                     and products: Beef cattle, broilers, dairy
        Eggs means dried, frozen, liquid, and                   Hemp means the plant species                       (cow milk), eggs, lambs, sheep, hogs,
     shell eggs.                                             Cannabis sativa L. and any part of that               and pigs; excluding breeding stock.
        Experimental means a crop for which                  plant, including the seeds thereof and                   Producer means a person or legal
     all of the following apply:                             all derivatives, extracts, cannabinoids,              entity who shares in the risk of
        (1) The crop is planted for                          isomers, acids, salts, and salts of                   producing a commodity. The term does
     experimental purposes conducted under                   isomers, whether growing or not, with a               not include contract growers. Producers
     the direct supervision of a State                       delta-9 tetrahydrocannabinol                          who are not in the business of farming
     experiment station or commercial                        concentration of not more than 0.3                    at the time of application are not
     company;                                                percent on a dry weight basis, that is                considered eligible producers.
        (2) Production of the crop is destroyed              grown under a license or other required                  Sales-based commodities means, as
     before harvest or used for testing or                   authorization issued by the applicable                defined in this section, aquaculture,
     other experimental purposes; and                        governing authority that permits the                  sales-based crops, nursery crops and
        (3) A representative of the State                    production of the hemp.                               floriculture, other livestock, and the
     experiment station or the commercial                       Horticulture means any of the                      following commodities: Goat milk, mink
     company certifies that any production                   following horticulture: Anise, basil,                 (including pelts); mohair, and wool.
     harvested from the experiment will not                  cassava, chervil (Fresh parsley), chia,                  Sales-based crops means ambrosia,
     be marketed in any form.                                chicory (radicchio), cilantro, cinnamon,              arundo, camelina, cactus, cardoon,
        Flat-rate crop means alfalfa, amaranth               curry leaves, galanga, ginger, ginseng,               fruits, honey, horticulture, maple sap,
     grain, buckwheat, canola, cotton, Extra                 guayule, herbs, hops, lotus root,                     tobacco, tree nuts, and vegetables.
     Long Staple (ELS) cotton, crambe                        marjoram, meadowfoam, mint, moringa,                  Fruits, horticulture, tree nuts, and
     (colewort), einkorn, emmer, flax, guar,                 niger seed, oregano, parsley,                         vegetables are defined in this section.


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                      Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations                                      59387

     The term excludes crops with an                         FSA is unable to obtain a 2020 APH                       (ii) The producer’s estimated milk
     intended use of grazing, green manure,                  approved yield, the yield will be the                 production from September 1, 2020, to
     or left standing.                                       2019 Agriculture Risk Coverage-County                 December 31, 2020, based on the daily
        Tree nuts means any of the following                 Option (ARC–CO) benchmark yield                       average production from April 1, 2020,
     tree nuts: Almonds, avocados, carob,                    multiplied by 85 percent. ARC–CO                      through August 31, 2020, multiplied by
     cashew, chestnuts, coffee, hazel nuts,                  yields for producers growing a crop in                122, multiplied by a payment rate of
     jojoba, macadamia nuts, noni, olives,                   multiple counties will be weighted                    $1.20 per hundredweight.
     persimmons, pine nuts, pistachios,                      based on the producer’s crop acreage                     (2) Dairy operations that stop
     quinces, and walnuts.                                   physically located in each county.                    commercially marketing milk after the
        Vegetables means any of the following                  (b) Payments for flat-rate crops will be            date they apply for CFAP 2 but before
     vegetables: Alfalfa sprouts, aloe vera,                 equal to eligible acres of the crop                   December 31, 2020, must notify FSA of
     artichokes, arugula (greens), asparagus,                multiplied by a rate of $15 per acre.                 the date they stop commercially
     bamboo shoots, batatas, bean sprouts,                   Eligible acres include the producer’s                 marketing milk. Those dairies are
     beans (including dry edible), beets, bok                share of the determined acres, or                     eligible only for a prorated payment
     choy, broccoflower, broccoli, broccolini,               reported acres if determined acres are                under paragraph (g)(1)(ii) of this section
     broccolo-cavalo, Brussel sprouts,                       not present, excluding prevented                      for the number of days the dairy
     cabbage, calaloo, carrots, cauliflower,                 planted and experimental acres.                       operation commercially markets milk
     celeriac, celery, chickpea (see beans,                    (c) Payments for beef cattle will be                from September 1, 2020, through
     garbanzo), chives, collard greens,                      equal to the lower of the producer’s                  December 31, 2020.
     coriander, corn, sweet, cucumbers,                      maximum owned inventory of eligible
     daikon, dandelion greens, dasheen (taro                                                                          (h)(1) Payments for eggs will be equal
                                                             beef cattle, excluding breeding stock, on             to 75 percent of the producer’s 2019 egg
     root, malanga), dill, eggplant, endive,                 a date selected by the producer from
     escarole, frisee, gailon (gai lein, Chinese                                                                   production multiplied by the payment
                                                             April 16, 2020, through August 31,                    rate in Table 1 of paragraph (j) of this
     broccoli), garlic, gourds, greens,                      2020, or 4,546 head multiplied by the
     horseradish, Jerusalem artichokes                                                                             section.
                                                             number of payment limitations for the
     (sunchoke), kale, kohlrabi, leeks, lentils,                                                                      (2) Payments for egg producers who
                                                             producer multiplied by a payment rate
     lettuce, melongene, mesculin mix,                                                                             began farming in 2020 and had no
                                                             of $55 per head.
     microgreens, mushrooms, okra, onions,                                                                         production in 2019 will be calculated as
                                                               (d) Payments for hogs and pigs will be
     parsnip, peas (including dry edible),                                                                         provided in paragraph (h)(1) of this
                                                             equal to the lower of the producer’s
     pejibaye (heart of palm), peppers,                                                                            section, except that the payments will
                                                             maximum owned inventory of eligible
     potatoes, potatoes sweet, pumpkins,                                                                           be based on the producer’s actual 2020
                                                             hogs and pigs, excluding breeding stock,
     radicchio, radishes, rhubarb, rutabaga,                                                                       egg production as of the date the
                                                             on a date selected by the producer from
     salsify (oyster plant), scallions, seed—                                                                      producer submits an application for
                                                             April 16, 2020, through August 31,
     vegetable, shallots, spinach, squash,                                                                         payment under this part.
                                                             2020, or 10,870 head multiplied by the
     swiss chard, tannier, taro, tomatillos,                 number of payment limitations for the                    (i)(1) Payments for sales commodities
     tomatoes, truffles, turnip top (greens),                                                                      will be equal to the sum of the results
                                                             producer, multiplied by a payment rate
     turnips, yam, and yautia (malanga);                                                                           for the following calculation for each
                                                             of $23 per head.
                                                               (e) Payments for lambs and sheep will               2019 sales range in Table 2 of paragraph
     § 9.202   Calculation of payments.
                                                             be equal to the producer’s highest                    (j) of this section: the amount of the
       (a) Payments for price trigger crops                                                                        producer’s eligible sales within the
     will be equal to the greater of:                        owned inventory of eligible lambs and
                                                             sheep, excluding breeding stock, on a                 specified range in calendar year 2019,
       (1) Eligible acres of the crop
                                                             date selected by the producer from April              multiplied by the payment rate for that
     multiplied by a rate of $15 per acre; or
       (2) Eligible acres of the crop                        16, 2020, through August 31, 2020,                    range in Table 2 of paragraph (j) of this
     multiplied by the applicable yield,                     multiplied by a payment rate of $27 per               section. Eligible sales only includes
     multiplied by the crop marketing                        head.                                                 sales of raw commodities grown by the
     percentage in Table 1 of paragraph (j) of                 (f)(1) Payments for broilers will be                producer; the portion of sales derived
     this section, multiplied by the crop                    equal to 75 percent of the producer’s                 from adding value to the commodity,
     payment rate in Table 1 of paragraph (j)                2019 broiler production multiplied by a               such as processing and packaging, and
     of this section.                                        payment rate of $1.01 per bird (head).                from sales of products purchased for
       (3) Under paragraph (a) of this                         (2) Payments for broiler producers                  resale is not included in the payment
     section, eligible acres include the                     who began farming in 2020 and had no                  calculation unless determined eligible
     producer’s share of the determined                      production in 2019 will be calculated as              by the Secretary.
     acres, or reported acres if determined                  provided in paragraph (f)(1) of this                     (2) Payments for producers of sales
     acres are not present, of the crop                      section, except that the payments will                commodities who began farming in
     planted for the 2020 crop year,                         be based on the producer’s actual 2020                2020 and had no sales in 2019 will be
     excluding prevented planted and                         broiler production as of the date the                 calculated as provided in paragraph
     experimental acres. For producers who                   producer submits an application for                   (i)(1) of this section, except that the
     insured acres of the crop under a policy                payment under this part.                              payments will be based on the
     or plan of insurance under the Federal                    (g)(1) Payments for dairy (cow milk)                producer’s actual 2020 sales as of the
     Crop Insurance Act (7 U.S.C. 1501–                      will be equal to the sum of the following             date the producer submits an
     1524), the yield will be the average of                 two calculations:                                     application for payment under this
     the producer’s 2020 actual production                     (i) The producer’s total actual milk                section.
     history (APH) approved yield from all of                production from April 1, 2020, to                        (j) The payment rates in Tables 1 and
     the producer’s insured acres                            August 31, 2020, multiplied by the                    2 of this paragraph (j) will be used to
     nationwide. For producers for whom                      payment $1.20 per hundredweight; and                  calculate CFAP payments:




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     59388                Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations

                                     TABLE 1 TO PARAGRAPH (J)—PAYMENT RATES FOR PRICE TRIGGER CROPS AND EGGS
                                                                                                                                                                     Crop marketing   Payment rate
                                                                    Commodity                                                                           Units          percentage       ($/unit)
                                                                                                                                                                        (percent)

     Barley .........................................................................................................................................          bu               63           $0.54
     Corn ...........................................................................................................................................          bu               40            0.58
     Cotton, Upland ...........................................................................................................................                 lb              46            0.08
     Sorghum ....................................................................................................................................              bu               55            0.56
     Soybean .....................................................................................................................................             bu               54            0.58
     Sunflowers .................................................................................................................................               lb               44           0.02
     Wheat (all classes) ....................................................................................................................                  bu               73            0.54
     Shell Eggs ..................................................................................................................................          dozen               n/a           0.05
     Liquid Eggs ................................................................................................................................               lb              n/a           0.04
     Dried Eggs .................................................................................................................................               lb              n/a           0.14
     Frozen Eggs ..............................................................................................................................                 lb              n/a           0.05


        TABLE 2 TO PARAGRAPH (J)—PAY- DEPARTMENT OF AGRICULTURE                                                                                         governing Strategic Economic and
        MENT RATES FOR SALES COMMOD-                                                                                                                    Community Development (SECD) to
         ITIES
                                                                                 Rural Utilities Service                                                implement Section 6401 of the 2018
                                                                                                                                                        Farm Bill. Additionally, conforming
                                                           Percent               7 CFR Parts 1779 and 1780                                              changes are being made to other
              2019 Sales range                             payment                                                                                      regulations as a result of the
                                                            factor               Rural Housing Service                                                  aforementioned statutory changes.
                                                                                                                                                        Finally, we are removing Farm Service
     Up to $49,999 .......................                             10.6      Rural Business-Cooperative Service                                     Agency from a chapter in the CFR as
     $50,000-$99,999 ...................                                9.9                                                                             they no longer use any of the parts
     $100,000-$499,999 ...............                                  9.7      Rural Utilities Service                                                under that chapter.
     $500,000-$999,999 ...............                                  9.0
                                                                                                                                                        DATES: This final rule is effective
     All sales over $1 million .......                                  8.8      Farm Service Agency                                                    September 22, 2020.
                                                                                                                                                        FOR FURTHER INFORMATION CONTACT: Greg
       (k) CFAP 2 payments will not be                                           7 CFR Chapter XVIII
                                                                                                                                                        Batson, Strategic Engagement, Rural
     calculated or issued for ineligible                                                                                                                Development Innovation Center, U.S.
     commodities.                                                                Rural Housing Service
                                                                                                                                                        Department of Agriculture;
     Stephen L. Censky,                                                          7 CFR Parts 3570 and 3575                                              gregory.batson@usda.gov; (573) 239–
     Vice Chairman, Commodity Credit                                                                                                                    2945.
     Corporation, and Deputy Secretary, U.S.                                     Rural Business-Cooperative Service                                     SUPPLEMENTARY INFORMATION:
     Department of Agriculture.
                                                                                                                                                        Background and Discussion
     [FR Doc. 2020–20844 Filed 9–18–20; 4:15 pm]                                 Rural Utilities Service
     BILLING CODE 3410–05–P                                                                                                                               The Agency administers a multitude
                                                                                 7 CFR Parts 4279 and 4280                                              of Federal programs for the benefit of
                                                                                                                                                        rural America, ranging from housing
                                                                                 [Docket No. RBS–20–BUSINESS–31]
                                                                                                                                                        and community facilities to
                                                                                 RIN 0570–AB04                                                          infrastructure and business
                                                                                                                                                        development. Its mission is to increase
                                                                                 Strategic Economic and Community                                       economic opportunity and improve the
                                                                                 Development                                                            quality of life in rural communities by
                                                                                 AGENCY: Rural Business-Cooperative                                     providing the leadership, infrastructure,
                                                                                 Service, Rural Housing Service, Rural                                  capital, and technical support that
                                                                                 Utilities Service, Farm Service Agency,                                enables rural communities to prosper.
                                                                                 Department of Agriculture (USDA).                                      To achieve its mission, the Agency
                                                                                 ACTION: Final rule.                                                    provides financial support (including
                                                                                                                                                        direct loans, grants, and loan
                                                                                 SUMMARY: The Rural Business-                                           guarantees) and technical assistance.
                                                                                 Cooperative Service, Rural Housing                                       Section 379H Strategic and Economic
                                                                                 Service, and Rural Utilities Service, of                               Community Development of the
                                                                                 the Rural Development (RD) mission                                     Consolidated Farm and Rural
                                                                                 area within the U.S. Department of                                     Development Act (7 U.S.C. 2008v)
                                                                                 Agriculture (USDA), hereinafter                                        supports rural communities by
                                                                                 collectively referred to as the Agency, is                             promoting regional economic and
                                                                                 issuing this final rule to implement                                   community development. Reservation of
                                                                                 statutory provisions found in Section                                  targeted funds are available for covered
                                                                                 6401 of the Agricultural Improvement                                   Rural Development programs to
                                                                                 Act of 2018 (‘‘2018 Farm Bill’’) that                                  encourage regional economic and
                                                                                 amends Section 379H of the                                             community development. Section 6401
                                                                                 Consolidated Farm and Rural                                            of the 2018 Farm Bill amended Section
                                                                                 Development Act. The intent of this rule                               379H, Strategic Economic and
                                                                                 is to amend the existing regulations                                   Community Development of the


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