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Rules and Regulations
Federal Register Vol. 86, No. 164
Friday, August 27, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF AGRICULTURE

FOR FURTHER INFORMATION CONTACT:

Office of the Secretary 7 CFR Part 9
Docket ID: FSA20200006
RIN 0503AA71

Coronavirus Food Assistance Program 2; Producers of Sale-Based Commodities and Contract Producers Office of the Secretary, Department of Agriculture USDA.
ACTION: Final rule.
AGENCY:

This rule amends the Coronavirus Food Assistance Program 2
CFAP 2 provisions related to assistance for producers of sales-based commodities and contract producers.
This rule also announces the deadline for submitting CFAP 2 applications and clarifies general provisions related to equitable relief and refunds.
DATES:
Effective date: August 27, 2021.
Comment due date: With grass seed being added as an eligible crop under CFAP, we will consider comments on the information collection requirements under the Paperwork Reduction Act that we receive by: October 26, 2021.
ADDRESSES: We invite you to submit comments on the information collection requirements. You may submit comments by any of the following methods:
Federal eRulemaking Portal: Go to:
www.regulations.gov and search for Docket ID FSA20200006. Follow the online instructions for submitting comments.
Mail, Hand-Delivery, or Courier:
Director, Safety Net Division, Farm Service Agency, U.S. Department of Agriculture, 1400 Independence Avenue SW, Stop 0510, Washington, DC 20250
0522. In your comment, specify the docket ID FS20200006.
You may also send comments to the Desk Officer for Agriculture, Office of
lotter on DSK11XQN23PROD with RULES1

SUMMARY:

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Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503.
Comments will be available for inspection online at http
www.regulations.gov. Copies of the information collection may be requested by contacting Brittany Ramsburg at the above address.
Kimberly Graham; telephone: 202 720
6825; email: Kimberly.Graham@
usda.gov. Persons with disabilities who require alternative means for communication should contact the USDA Target Center at 202 7202600
voice or 844 4332774 toll-free nationwide.
USDA
established CFAP to assist producers of agricultural commodities marketed in 2020 who faced continuing market disruptions, reduced farm-level prices, and increased production and marketing costs due to COVID19. CFAP went through two rounds of payments CFAP
1 and CFAP 2, and the Farm Service Agency FSA is administering CFAP 2, as directed by the Secretary of Agriculture. USDA announced CFAP 2
through a final rule published in the Federal Register on September 22, 2020.
85 FR 5938059388. A second final rule was published on January 19, 2021. 86
FR 48774883. That rule amended CFAP 2 provisions and included assistance for contract producers of swine and poultry including broilers, pullets, layers, chicken eggs, and turkeys, who were not originally eligible for CFAP 2. After publication of that rule, USDA suspended approval of applications from contract producers while that final rule was under review.
As a result of that review and for consistency with the provisions of the Consolidated Appropriations Act, 2021
CAA, Public Law 116260, USDA is making changes to the provisions for CFAP 2 as described below. These changes include adjusting the CFAP 2
application deadline, changing the calculation of payments for sales-based commodities, adding grass seed as an eligible sales-based commodity, changing aspects of the provisions for assistance for contract producers, and clarifying the applicability of equitable relief provisions and provisions requiring refunds.

SUPPLEMENTARY INFORMATION:

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Application Deadline On March 24, 2021, USDA announced in a news release that the application period for CFAP 2 was reopened for all eligible producers for at least 60 days beginning on April 5, 2021. This reopening allowed USDA to improve outreach efforts and ensure that producers in socially disadvantaged communities were informed and aware of the application process. This rule announces that the CFAP 2 application deadline will be October 12, 2021, and amends 7 CFR 9.4 to specify the deadline. This deadline applies to all producers applying for CFAP 2, including producers of sales-based commodities and contract producers who submit new applications or revise previously filed applications due to the changes included in this rule.
Sales-Based Commodities Consistent with section 751 of Subtitle B of Title VII of Division N of CAA, USDA is amending the CFAP 2
payment calculation for sales-based commodities in 7 CFR 9.203i and j to allow eligible producers to substitute 2018 sales for 2019 sales. Previously, payments for producers of sales-based commodities were based only on 2019
sales; however, various conditions occurring in 2019 could have adversely affected a producers amount of sales and therefore their CFAP 2 payment.
CFAP 2 uses a producers 2019 sales as an approximation of what the producer would have expected to market in 2020, which could not be determined for most producers at the time of application.
Under the final rule published on January 19, 2021, crop insurance indemnities under the Federal Crop Insurance Act, 7 U.S.C 15011524, and 2019 crop year payments under the Noninsured Crop Disaster Assistance Program NAP and Wildfires and Hurricanes Indemnity Program Plus WHIP+, are included as eligible sales under 7 CFR 9.202i in addition to the amount of the producers 2019 sales, as required by Subtitle B, section 751, of the CAA. That change is intended to more accurately represent what a producer would have expected to have marketed in 2020 by taking into account commodities that would have been available for marketing in 2019 but were lost due to natural events. However, crop insurance indemnities and NAP
and WHIP+ program payments for a
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