[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41328-41330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14855]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 9
[Docket ID: FSA-2020-0004]
RIN 0503-AA65
Coronavirus Food Assistance Program; Correction
AGENCY: Office of the Secretary, USDA.
ACTION: Correcting amendments.
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SUMMARY: The Secretary of Agriculture implemented the Coronavirus Food
Assistance Program (CFAP), which provides assistance to agricultural
producers impacted by the effects of the COVID-19 outbreak, through a
final rule published in the Federal Register on May 21, 2020. We
realized that there were errors in some of the payment rates in that
final rule. In addition, we were able to reevaluate the payment rates
for certain specialty crops based on data that was available from
industry in response to the CFAP notice of funding availability, which
was published in the Federal Register on May 22, 2020. This document
corrects payment rates and categories for those specialty crops that
were published in the final rule.
DATES: Effective Date: July 10, 2020.
FOR FURTHER INFORMATION CONTACT: William L. Beam; telephone: (202) 720-
3175; email: Bill.Beam@usda.gov. Persons with disabilities who require
alternative means for communication should contact the USDA Target
Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION: This document corrects the CFAP regulations
in 7 CFR part 9, which were implemented in the final rule that was
published in the Federal Register on May 21, 2020 (85 FR 30825-30835).
This is the second set of corrections. The first set of corrections was
published in the Federal Register on June 12, 2020 (85 FR 35799-35800).
This document augments those corrections.
In response to the notice of funding availability published in the
Federal Register on May 22, 2020 (85 FR 31062-31065), a few commenters
stated that USDA had miscalculated price decreases for certain
commodities. USDA reviewed the data for all specialty crop commodities
and found some inconsistencies in data points.
Accordingly, USDA is correcting the errors to make apples,
blueberries, garlic, potatoes, raspberries, tangerines, and taro
eligible for payment under 7 CFR 9.5(b)(1), and adding CARES Act
payment rates for sales losses for those crops to Table 1 to Sec.
9.5(h).
USDA found that peaches and rhubarb no longer qualify for payment
based on sales losses under Sec. 9.5(b)(1). Peaches showed a 3 percent
sales price decrease and rhubarb showed an increase in sales price of
28 percent when corrections to the data sets were made. Therefore, we
are removing the CARES Act payment rates for sales losses for these two
crops from Table 1 to Sec. 9.5(h).
USDA took into account data submitted by the apple industry to
determine price eligibility under Sec. 9.5(b)(1) for apples. The price
data sets came from actual sales of 43.8 million bushels of apples that
average 42 pounds. This quantity is more than half of all the apples
marketed during the study period. The data came from surveys of
marketers from the four largest apple producing states--Washington, New
York, Michigan and Pennsylvania. Those four states' combined production
is approximately 94 percent of the U.S. total. The Washington State
Tree Fruit Association reflects approximately 85 percent of Washington
apple sales. Washington state apple production comprises about two-
thirds of the U.S. total, but an even higher share of total U.S. sales
during the study period. Data submitted showed an industry average loss
of 10.9 percent. Accordingly, USDA is adding apple eligibility for
payment losses.
USDA is also adding eligibility for certain potatoes. Original
prices used by USDA for the May 12, 2020, rule included all fresh
potatoes and did not include prices for processing or seed potatoes as
those are not obtained at shipping points or terminal markets. The
potato industry submitted price data from industry surveys and reports.
The industry data show that seed potatoes had a 15 percent price
decline and fresh food retail and service potatoes had a 6.7 percent
price decline over the rule stated period. However, the industry
reported fresh price only for russet potatoes.
Another potato commenter used data from one potato producing state
to determine shipping point price changes for non-organic russet
potatoes in 50-lb units. Terminal market prices were also reported. A
notable difference between the USDA payment calculations is that prices
generated by USDA included prices from all states.
The potato industry also requested payments for seed potatoes. Seed
potatoes can be any type of potato and can be diverted to the fresh
market if needed. USDA agrees. Accordingly, seed potatoes is now a
category of potatoes eligible for payment.
After reviewing all the data submitted by the potato industry USDA
agrees that the potato category be corrected to be divided as follows:
Potatoes fresh--Russets;
Potatoes fresh--other;
Potatoes--processing; and
Potatoes--seed.
Payment rates for these categories are shown on the table below.
As discussed above, USDA is correcting the payment rates in Table 1
to Sec. 9.5(h) for apples, artichokes, asparagus, blueberries,
cantaloupes, cucumbers, garlic, kiwifruit, mushrooms, papaya, peaches,
potatoes (separated into categories for fresh--Russets, fresh--other,
processing, and seed), raspberries, rhubarb, tangerines, and taro.
The correction and addition in the payment rates and the resulting
changes in the eligibility for specific types of
[[Page 41329]]
payments per commodity will not change CFAP costs.
List of Subjects in 7 CFR Part 9
Agricultural commodities, Agriculture, Disaster assistance,
Indemnity payments.
Accordingly, 7 CFR part 9 is corrected by making the following
correcting amendments:
PART 9--CORONAVIRUS FOOD ASSISTANCE PROGRAM
0
1. The authority citation for part 9 continues to read as follows:
Authority: 15 U.S.C. 714b and 714c; and Division B, Title I,
Pub. L. 116-136.
0
2. In Sec. 9.5, amend Table 1 to paragraph (h), as follows:
0
a. Revise the entries for ``Apples'', ``Artichokes'', ``Asparagus'',
``Blueberries'', ``Cantaloupes'', ``Cucumbers'', ``Garlic'',
``Kiwifruit'', ``Mushrooms'', ``Papaya'', ``Peaches''
0
b. Remove the entry for ``Potatoes'';
0
c. Add the entries for ``Potatoes Fresh--Other'', ``Potatoes Fresh-
Russets'', Potatoes--Processing'', and ``Potatoes--seed'' in
alphabetical order; and
0
d. Revise the entries for ``Raspberries'', ``Rhubarb'', ``Tangerines'',
and ``Taro''.
The revisions and additions read as follows:
Sec. 9.5 Calculation of payments.
* * * * *
(h) * * *
Table 1 to Paragraph (h)--Payment Rates For Specialty Crops
[Including, but not limited to, the listed commodities]
----------------------------------------------------------------------------------------------------------------
CARES Act payment rate
for product that left
CARES Act payment rate the farm but spoiled or CCC Payment rate ($/
Commodity for sales losses ($/ is unpaid due to loss lb)
lb) of marketing channel
($/lb)
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* * * * * * *
Apples............................... $0.05 $0.22 $0.04
Artichokes........................... 0.88 0.69 0.13
Asparagus............................ ....................... 0.25 0.05
* * * * * * *
Blueberries.......................... 0.20 0.93 0.18
* * * * * * *
Cantaloupes.......................... ....................... 0.14 0.03
* * * * * * *
Cucumbers............................ 0.18 0.17 0.03
* * * * * * *
Garlic............................... 0.17 1.10 0.22
* * * * * * *
Kiwifruit............................ ....................... 0.44 0.09
Mushrooms............................ ....................... 0.58 0.11
* * * * * * *
Papaya............................... ....................... 0.31 0.06
Peaches.............................. ....................... 0.30 0.06
* * * * * * *
Potatoes fresh--other................ 0.01 0.04 0.01
Potatoes fresh--Russets.............. 0.07 0.09 0.02
Potatoes--processing................. 0.02 0.03 0.01
Potatoes--seed....................... 0.02 0.04 0.01
Raspberries.......................... 0.44 1.69 0.33
Rhubarb.............................. ....................... 0.76 0.15
* * * * * * *
Tangerines........................... 0.05 0.25 0.05
Taro................................. 0.12 0.29 0.06
* * * * * * *
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[[Page 41330]]
* * * * *
Stephen L. Censky,
Vice Chairman, Commodity Credit Corporation, and Deputy Secretary, U.S.
Department of Agriculture.
[FR Doc. 2020-14855 Filed 7-9-20; 8:45 am]
BILLING CODE 3410-05-P