Notice of Funding Availability; Coronavirus Food Assistance Program (CFAP) Additional Eligible Commodities (rule, 85 FR 41321, July 10, 2020)
Summary
A notification of funding availability from the Office of the Secretary of the U.S. Department of Agriculture (USDA) adding commodities to the Coronavirus Food Assistance Program (CFAP). It is effective July 10, 2020 (85 FR 41321). USDA had requested public information on other commodities that suffered losses in a notification published on May 22, 2020 (85 FR 31062–31065). It says it analyzed Market News data for the requested commodities and determined that they are eligible, including Pistachios, Radicchio, Rosemary, Sage and Sorrel, as requested by the commenters. At the time of the document USDA had reviewed about half of the comments received, and it is making these commodities eligible now to expedite payment to growers. A table gives the payment rates.
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“Notice of Funding Availability; Coronavirus Food Assistance Program (CFAP) Additional Eligible Commodities (rule, 85 FR 41321, July 10, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-of-funding-availability-coronavirus-food-assistance-program-cfa-7afb2de664/
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41321
Rules and Regulations Federal Register
Vol. 85, No. 133
Friday, July 10, 2020
This section of the FEDERAL REGISTER This document announces additional decrease was identified because they
contains regulatory documents having general agricultural commodities that are were affected by market chain
applicability and legal effect, most of which eligible for CFAP and the payment rates disruptions. Some comments included
are keyed to and codified in the Code of for each commodity. In the interest of sufficient data for USDA to make a
Federal Regulations, which is published under announcing additional commodities as determination. USDA reviewed Market
50 titles pursuant to 44 U.S.C. 1510.
eligible for CFAP as quickly as possible, News data and found data for some
The Code of Federal Regulations is sold by to ensure that eligible producers can commodities listed by commenters.
the Superintendent of Documents. apply for and receive their payments as Accordingly, we are adding the
soon as possible, we are issuing more following commodities, based on
than one document in response to the comments and Market News data:
DEPARTMENT OF AGRICULTURE comments. This document includes Alfalfa Sprouts, Anise, Arugula, Basil,
those commodities for which we could Bean Sprouts, Beets, Blackberries,
Office of the Secretary make decisions quickly. For other Brussel Sprouts, Celeriac (celery root),
commodities, we are reviewing Chives, Cilantro, Coconuts, Collard
7 CFR Part 9 additional information and will provide Greens, Dandelion Greens, Greens
[Docket ID: FSA–2020–0004] the responses to the comments on those (others not listed separately), Guava,
commodities in a subsequent Kale Greens, Lettuce Boston, Lettuce
Notice of Funding Availability; announcement. Our goal is also to make Green Leaf, Lettuce Lolla Rossa, Lettuce
Coronavirus Food Assistance Program the subsequent announcement as soon Oak Leaf Green, Lettuce Oak Leaf Red,
(CFAP) Additional Eligible after the publication of this document as Lettuce Red Leaf, Marjoram, Mint,
Commodities possible. Mustard, Okra, Oregano, Parsnips,
USDA requested information to Passion Fruit, Peas Green, Pineapples,
AGENCY: Office of the Secretary, USDA.
evaluate whether additional Pistachios, Radicchio, Rosemary, Sage,
ACTION: Notification of funding commodities suffered losses that should Savory, Sorrel, Sugarcane (table), Swiss
availability. result in eligibility for CFAP. The CFAP Chard, Thyme, Turnip Tops Green.
SUMMARY: The Coronavirus Food
notification that requested information Response: We carefully analyzed the
Assistance Program (CFAP) helps from the public for additional Market News data for the requested
agricultural producers impacted by the commodities that suffered losses was commodities that we evaluated and
effects of the COVID–19 outbreak. As published in the Federal Register on have determined that these additional
provided in the CFAP regulation, this May 22, 2020 (85 FR 31062–31065) and commodities are eligible for CFAP, as
document announces additional a correction was published on June 12, requested by the commenters. The table
commodities that have been determined 2020, (85 FR 30812). USDA specifically below at the end of this document
to be eligible for CFAP assistance. requested information in order to provides the payment rates by
USDA carefully reviewed the additional evaluate whether additional commodity.
information provided in the comments commodities suffered losses that should Comment: A few commenters stated
to develop the list of additional result in eligibility for CFAP. Comments that USDA had miscalculated price
commodities. Additional review is were submitted through June 22, 2020, decreases for commodities such as
ongoing, which will result in a and USDA continues to review the blueberries. The commenter ran the
subsequent announcement. information provided in the comments. market news reports and came up with
USDA received a total of 1,740 a different conclusion than the original
DATES: Effective: July 10, 2020.
comments. At the time of this document data included in the May 21, 2020, final
FOR FURTHER INFORMATION CONTACT: USDA had reviewed about half of the rule. Commenters also provided
William L. Beam, telephone (202) 720– comments received. To expedite additional industry price information
3175; email Bill.Beam@usda.gov. payment to growers, USDA is making for potatoes and apples and requested
Persons with disabilities or who require recommendations for payment in this that potatoes be separated between
alternative means for communication document based on this subset of fresh, fresh russet, processed, and seed
should contact the USDA Target Center comments and further review of market potatoes.
at (202) 720–2600. news data. Additional commodities, if Response: While running reports for
SUPPLEMENTARY INFORMATION: The they meet eligibility criteria, would be the new commodities requested, USDA
Coronavirus Food Assistance Program added later. found some inconsistencies in data
(CFAP) helps agricultural producers Comment: Individuals and points. USDA is correcting the
impacted by the effects of the COVID– organizations requested that a number regulation in 7 CFR part 9 in a final rule
19 outbreak. The CFAP regulations are of commodities be added to the list of correction published in the Federal
in 7 CFR part 9. The CFAP regulations eligible specialty crops. Commenters Register to eliminate these errors by
provide the general eligibility stated that these commodities adding eligibility for 5 commodities
requirements, the application process, experienced price decreases as much as under sales losses. The commodities
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and payment calculation information. other commodities originally included are: Blueberries, garlic, raspberries,
The CFAP rule was published in the in the final rule and should be added to tangerines and taro.
Federal Register on May 21, 2020 (85 the list of eligible commodities to While doing this review USDA also
FR 30825–30835) and a correction receive payments. Other commenters found that two commodities no longer
published in the Federal Register on mentioned that certain commodities qualify for the sales losses category and
June 12, 2020 (85 FR 35799–35800). could benefit even when no price is deleting their availability for this
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41322 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations
category. The two commodities are: including separating potatoes into fresh, for apples, artichokes, asparagus,
peaches and rhubarb. The corrected processed, and seed. USDA agrees with blueberries, cantaloupes, cucumbers,
payment rates for these commodities are commenters data and is providing garlic, kiwifruit, mushrooms, papaya,
listed in the rule correction. corrected payment rates for these peaches, potatoes, raspberries, rhubarb,
USDA also reviewed commenters commodities in the rule correction. tangerines, and taro in the rule.
information on apples and potatoes, USDA is also correcting payment rates
PAYMENT RATES FOR SPECIALTY CROPS
[By commodity]
CARES Act payment
rate for product that left
CARES Act payment the farm but spoiled due CCC payment rate
Commodity rate for sales losses to loss of marketing ($/lb)
($/lb) channel
($/lb)
Alfalfa Sprouts ............................................................................. ........................................ $8.14 $1.59
Anise ............................................................................................ $0.88 0.81 0.16
Arugula ......................................................................................... ........................................ 4.64 0.91
Basil ............................................................................................. 0.30 1.65 0.32
Bean Sprouts ............................................................................... ........................................ 0.26 0.05
Beets ............................................................................................ ........................................ 0.30 0.06
Blackberries ................................................................................. 1.72 2.11 0.41
Brussels Sprouts .......................................................................... 0.26 0.34 0.07
Celeriac (Celery Root) ................................................................. ........................................ 0.52 0.10
Chives .......................................................................................... ........................................ 1.32 0.26
Cilantro ......................................................................................... 0.19 0.23 0.05
Coconuts ...................................................................................... ........................................ 0.25 0.05
Collard Greens ............................................................................. 0.04 0.21 0.04
Dandelion Greens ........................................................................ 0.06 0.26 0.05
Greens (others not listed) ............................................................ 0.08 0.16 0.03
Guava .......................................................................................... 1.52 1.73 0.34
Kale Greens ................................................................................. ........................................ 0.22 0.04
Lettuce, Boston ............................................................................ 0.09 0.34 0.07
Lettuce, Green Leaf ..................................................................... 0.44 0.60 0.12
Lettuce, Lolla Rossa .................................................................... ........................................ 1.69 0.33
Lettuce, Oak Leaf—Green ........................................................... ........................................ 1.69 0.33
Lettuce, Oak Leaf—Red .............................................................. ........................................ 1.69 0.33
Lettuce, Red Leaf ........................................................................ 0.42 0.60 0.12
Marjoram ...................................................................................... 1.06 1.42 0.28
Mint .............................................................................................. ........................................ 7.47 1.46
Mustard ........................................................................................ ........................................ 0.21 0.04
Okra ............................................................................................. 0.31 0.46 0.09
Oregano ....................................................................................... ........................................ 1.22 0.24
Parsnips ....................................................................................... 0.06 0.40 0.08
Passion Fruit ................................................................................ 0.89 3.21 0.63
Peas Green .................................................................................. 0.10 0.36 0.07
Pineapples ................................................................................... ........................................ 0.23 0.04
Pistachios ..................................................................................... ........................................ 0.74 0.14
Radicchio ..................................................................................... ........................................ 0.72 0.14
Rosemary ..................................................................................... ........................................ 2.60 0.51
Sage ............................................................................................. 0.72 3.06 0.60
Savory .......................................................................................... ........................................ 0.62 0.12
Sorrel ........................................................................................... ........................................ 2.85 0.56
Sugarcane, table .......................................................................... ........................................ 0.14 0.03
Swiss Chard ................................................................................. ........................................ 0.25 0.05
Thyme .......................................................................................... ........................................ 2.63 0.51
Turnip Tops Greens ..................................................................... ........................................ 0.19 0.04
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Rules and Regulations 41323
The complete list of all eligible implements an amendment to 20 days after the date of the entry of the
specialty crops and payment rates is regulations issued to carry out a ruling.
available at https://www.farmers.gov/ marketing order as defined in 7 CFR This final rule increases the
cfap/specialty. USDA is still evaluating 900.2(j). This rule is issued under assessment rate from $0.10 per 50-
comments and will issue another Marketing Agreement and Order No. pound bag or equivalent, the rate that
document with additional 956, as amended (7 CFR part 956), was established for the 2017 and
determinations and payment rates. regulating the handling of sweet onions subsequent fiscal periods, to $0.15 per
The correction in the payment rates grown in the Walla Walla Valley of 50-pound bag or equivalent of Walla
and the resulting changes in the Southeast Washington and Northeast Walla sweet onions handled for the
eligibility for specific types of payments Oregon. Part 956 (referred to as the 2020 and subsequent fiscal periods.
per commodity will not change CFAP ‘‘Order’’) is effective under the The Order provides authority for the
costs. Agricultural Marketing Agreement Act Committee, with the approval of USDA,
of 1937, as amended (7 U.S.C. 601–674), to formulate an annual budget of
Stephen L. Censky, expenses and collect assessments from
hereinafter referred to as the ‘‘Act.’’ The
Vice Chairman, Commodity Credit Committee locally administers the handlers to administer the program. The
Corporation, and Deputy Secretary, U.S. Order and is comprised of producers members are familiar with the
Department of Agriculture. Committee’s needs and with the costs of
and handlers of Walla Walla sweet
[FR Doc. 2020–14854 Filed 7–9–20; 8:45 am] goods and services in their local area
onions operating within the production
BILLING CODE P area, and a public member. and are in a position to formulate an
The Department of Agriculture appropriate budget and assessment rate.
(USDA) is issuing this rule in The assessment rate is formulated and
DEPARTMENT OF AGRICULTURE conformance with Executive Orders discussed in a public meeting. Thus, all
13563 and 13175. This rule falls within directly affected persons have an
Agricultural Marketing Service opportunity to participate and provide
a category of regulatory actions that the
Office of Management and Budget input.
7 CFR Part 956 For the 2017 and subsequent fiscal
(OMB) exempted from Executive Order
[Doc. No. AMS–SC–19–0115; SC20–956–1 12866 review. Additionally, because periods, the Committee recommended,
FR] this rule does not meet the definition of and USDA approved, an assessment rate
a significant regulatory action, it does of $0.10 per 50-pound bag or equivalent
Sweet Onions Grown in Walla Walla not trigger the requirements contained of Walla Walla sweet onions handled.
Valley of Southeast Washington and in Executive Order 13771. See OMB’s That assessment rate continued in effect
Northeast Oregon; Increased Memorandum titled ‘‘Interim Guidance from fiscal period to fiscal period until
Assessment Rate Implementing Section 2 of the Executive modified, suspended, or terminated by
AGENCY: Agricultural Marketing Service, Order of January 30, 2017, titled USDA upon recommendation and
USDA. ‘Reducing Regulation and Controlling information submitted by the
Regulatory Costs’’’ (February 2, 2017). Committee or other information
ACTION: Final rule.
This rule has been reviewed under available to USDA.
SUMMARY: This rule implements a Executive Order 12988, Civil Justice The Committee met on February 13,
recommendation from the Walla Walla Reform. Under the Order now in effect, 2020 and unanimously recommended
Sweet Onion Marketing Committee Walla Walla sweet onion handlers are expenditures of $84,200 and an
(Committee) to increase the assessment subject to assessments. Funds to assessment rate of $0.15 per 50-pound
rate established for the 2020 and administer the Order are derived from bag or equivalent of Walla Walla sweet
subsequent fiscal periods. The such assessments. It is intended that the onions handled for the 2020 and
assessment rate be applicable to all subsequent fiscal periods. In
assessment rate will remain in effect
assessable Walla Walla sweet onions for comparison, last fiscal period’s
indefinitely unless modified,
the 2020 fiscal period and continue budgeted expenditures were $99,800.
suspended, or terminated.
until amended, suspended, or The assessment rate of $0.15 is $0.05
DATES: Effective August 10, 2020.
terminated. higher than the rate previously in effect.
FOR FURTHER INFORMATION CONTACT: The Act provides that administrative The Committee recommended
Barry Broadbent, Senior Marketing proceedings must be exhausted before increasing the assessment rate to
Specialist, or Gary Olson, Regional parties may file suit in court. Under provide sufficient income, along with
Director, Northwest Marketing Field section 608c(15)(A) of the Act, any interest income and reserve funds, to
Office, Marketing Order and Agreement handler subject to an order may file cover all of the Committee’s budgeted
Division, Specialty Crops Program, with USDA a petition stating that the expenses for the 2020 fiscal period.
AMS, USDA; Telephone: (503) 326– order, any provision of the order, or any Funds in the reserve are expected to be
2724 or Email: Barry.Broadbent@ obligation imposed in connection with $104,377 at the end of the 2020 fiscal
usda.gov or GaryD.Olson@usda.gov. the order is not in accordance with law period, which is within the Order’s
Small businesses may request and request a modification of the order requirement of no more than
information on complying with this or to be exempted therefrom. Such approximately two fiscal period’s
regulation by contacting Richard Lower, handler is afforded the opportunity for budgeted expenses.
Marketing Order and Agreement a hearing on the petition. After the The major expenditures
Division, Specialty Crops Program, hearing, USDA would rule on the recommended by the Committee for the
AMS, USDA, 1400 Independence petition. The Act provides that the 2020 fiscal period include $47,400 for
Avenue SW, STOP 0237, Washington,
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district court of the United States in any administrative, $26,000 for promotions,
DC 20250–0237; Telephone: (202) 720– district in which the handler is an $5,000 for travel, $5,000 for research,
2491, Fax: (202) 720–8938, or Email: inhabitant, or has his or her principal and $800 for miscellaneous expenses.
Richard.Lower@usda.gov. place of business, has jurisdiction to Budgeted expenses for these items in
SUPPLEMENTARY INFORMATION: This review USDA’s ruling on the petition, 2019 were $47,400, $41,600, $5,000,
action, pursuant to 5 U.S.C. 553, provided an action is filed no later than $5,000, and $800 respectively.
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