41321 
                Rules and Regulations                                                                                                  Federal Register
                                                                                                                                       Vol. 85, No. 133 
                                                                                                                                       Friday, July 10, 2020 
                                                                              This document announces additional                       decrease was identified because they 
                This section of the FEDERAL REGISTER
                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 
                DEPARTMENT OF AGRICULTURE                                  than one document in response to the                        comments and Market News data: 
                                                                           comments. This document includes                            Alfalfa Sprouts, Anise, Arugula, Basil, 
                Office of the Secretary                                    those commodities for which we could                        Bean Sprouts, Beets, Blackberries, 
                                                                           make decisions quickly. For other                           Brussel Sprouts, Celeriac (celery root), 
                7 CFR Part 9                                               commodities, we are reviewing                               Chives, Cilantro, Coconuts, Collard 
                                                                           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, 
                AGENCY: Office of the Secretary, USDA.                        USDA requested information to                            Passion Fruit, Peas Green, Pineapples, 
                ACTION: Notification of funding                            evaluate whether additional                                 Pistachios, Radicchio, Rosemary, Sage, 
                availability.                                              commodities suffered losses that should                     Savory, Sorrel, Sugarcane (table), Swiss 
                                                                           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 
                DATES: Effective: July 10, 2020.                           USDA received a total of 1,740                              a different conclusion than the original 
                FORFURTHERINFORMATIONCONTACT:                              comments. At the time of this document  data included in the May 21, 2020, final 
                William L. Beam, telephone (202) 720–                      USDA had reviewed about half of the                         rule. Commenters also provided 
                3175; email Bill.Beam@usda.gov.                            comments received. To expedite                              additional industry price information 
                Persons with disabilities or who require                   payment to growers, USDA is making                          for potatoes and apples and requested 
                alternative means for communication                        recommendations for payment in this                         that potatoes be separated between 
                should contact the USDA Target Center                      document based on this subset of                            fresh, fresh russet, processed, and seed 
                at (202) 720–2600.                                         comments and further review of market                       potatoes. 
                                                                           news data. Additional commodities, if                          Response: While running reports for 
                SUPPLEMENTARYINFORMATION: 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 
                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 
                                                                                                                           CARES Act payment                       rate for product that left 
                                                            Commodity                                                       rate for sales losses                 the farm but spoiled due                      CCC payment rate 
                                                                                                                                       ($/lb)                         to loss of marketing                                 ($/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, 
                Stephen L. Censky,                                         of 1937, as amended (7 U.S.C. 601–674),  to formulate an annual budget of 
                                                                           hereinafter referred to as the ‘‘Act.’’ The                 expenses and collect assessments from 
                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.                                 and handlers of Walla Walla sweet                           Committee’s needs and with the costs of 
                [FR Doc. 2020–14854 Filed 7–9–20; 8:45 am]                 onions operating within the production                      goods and services in their local area 
                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. 
                DEPARTMENT OF AGRICULTURE                                  (USDA) is issuing this rule in                              The assessment rate is formulated and 
                                                                           conformance with Executive Orders                           discussed in a public meeting. Thus, all 
                Agricultural Marketing Service                             13563 and 13175. This rule falls within                     directly affected persons have an 
                                                                           a category of regulatory actions that the                   opportunity to participate and provide 
                7 CFR Part 956                                             Office of Management and Budget                             input. 
                                                                           (OMB) exempted from Executive Order                            For the 2017 and subsequent fiscal 
                [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 
                ACTION: Final rule.                                        Regulatory Costs’’’ (February 2, 2017).                     Committee or other information 
                                                                              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 will remain in effect                      assessment rate be applicable to all                        subsequent fiscal periods. In 
                indefinitely unless modified,                              assessable Walla Walla sweet onions for                     comparison, last fiscal period’s 
                suspended, or terminated.                                  the 2020 fiscal period and continue                         budgeted expenditures were $99,800. 
                DATES: Effective August 10, 2020.                          until amended, suspended, or                                The assessment rate of $0.15 is $0.05 
                FORFURTHERINFORMATIONCONTACT:                              terminated.                                                 higher than the rate previously in effect. 
                Barry Broadbent, Senior Marketing                             The Act provides that administrative                     The Committee recommended 
                Specialist, or Gary Olson, Regional                        proceedings must be exhausted before                        increasing the assessment rate to 
                Director, Northwest Marketing Field                        parties may file suit in court. Under                       provide sufficient income, along with 
                Office, Marketing Order and Agreement                      section 608c(15)(A) of the Act, any                         interest income and reserve funds, to 
                Division, Specialty Crops Program,                         handler subject to an order may file                        cover all of the Committee’s budgeted 
                AMS, USDA; Telephone: (503) 326–                           with USDA a petition stating that the                       expenses for the 2020 fiscal period. 
                2724 or Email: Barry.Broadbent@                            order, any provision of the order, or any                   Funds in the reserve are expected to be 
                                                                           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,                          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 
                SUPPLEMENTARYINFORMATION: 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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