Notice of Funds Availability; Spot Market Hog Pandemic Program, 71003-71007 [2021-27015]
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Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices
Office of Management and Budget,
Washington, DC 20503. All comments
received, including those received by
mail, will be posted without change and
publicly available on https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
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) 720–2600
(voice) or 844–433–2774 (toll-free
nationwide).
SUPPLEMENTARY INFORMATION:
Description of Respondents: Grant
applicants; or grant recipients.
Number of Respondents: 800,000.
Frequency of Responses: Reporting:
On occasion; Other (when forms are
requested).
Total Burden Hours: 916,660.
Levi S. Harrell,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2021–27016 Filed 12–13–21; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA–2021–0012]
Notice of Funds Availability; Spot
Market Hog Pandemic Program
Farm Service Agency, USDA.
Notification of funding
availability.
AGENCY:
ACTION:
The Farm Service Agency
(FSA) is issuing this notice announcing
the availability of $50 million for the
new Spot Market Hog Pandemic
Program (SMHPP) to provide assistance
to producers that sold hogs through a
negotiated sale from April 16, 2020,
through September 1, 2020, the period
in which these producers faced the
greatest reduction in market prices due
to the COVID–19 pandemic. The
eligibility requirements, payment
calculation, and application procedure
for SMHPP are included in this notice.
DATES:
Funding availability: Implementation
will begin December 14, 2021.
Comment Date: We will consider
comments on the Paperwork Reduction
Act that we receive by: February 14,
2022.
SUMMARY:
We invite you to submit
comments on the information collection
request. You may submit comments by
any of the following methods, although
FSA prefers that you submit comments
electronically through the Federal
eRulemaking Portal:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and search
for Docket ID FSA–2021–0012. Follow
the online instructions for submitting
comments.
• Mail, Hand-Delivery, or Courier:
Director, Safety Net Division, FSA,
USDA, 1400 Independence Avenue SW,
Stop 0510, Washington, DC 20250–
0522. In your comment, specify the
docket ID FSA–2021–0012.
You may also send comments to the
Desk Officer for Agriculture, Office of
Information and Regulatory Affairs,
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ADDRESSES:
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Background
The Coronavirus Aid, Relief,
Economic Security (CARES) Act (Pub. L.
116–136) provides funding to prevent,
prepare for, and respond to the COVID–
19 pandemic by providing support for
agricultural producers who were
impacted. The Secretary announced the
USDA Pandemic Assistance for
Producers initiative on March 24, 2021.
As a part of that initiative, FSA is
implementing SMHPP, as directed by
the Secretary, to make payments to
producers that sold hogs through a
negotiated sale from April 16, 2020,
through September 1, 2020, the period
in which these producers faced the
greatest reduction in market prices due
to the COVID–19 pandemic.
FSA and USDA’s Agricultural
Marketing Service (AMS) have
identified negotiated hogs as a sector of
the agricultural industry significantly
impacted by the pandemic that had not
been adequately addressed by previous
pandemic relief programs and
experienced the greatest market price
impacts out of all hog purchase types.
Using a price analysis of the average
daily national negotiated sales during
the pandemic compared to the daily 5year average for years 2015 through
2019. FSA and AMS determined April
16, 2020, through September 1, 2020, to
be the period with the greatest market
impacts on hogs sold through a
negotiated sale due to the pandemic.
The reduced market prices were a result
of fewer negotiated hogs being procured,
packer production decreases due to
employee illness, and supply chain
issues. This period also generally aligns
with the Coronavirus Food Assistance
Program (CFAP) 2 eligibility period for
swine, which ran from April 16, 2020,
through August 31, 2020.
Direct payments will be limited to hog
producers located in the United States.
This assistance will be available to hog
producers through SMHPP as provided
in this notice.
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FSA is administering SMHPP under
the general supervision and direction of
the FSA Administrator and AMS. AMS
is providing technical assistance to FSA,
which includes, but is not limited to,
sharing expertise on the hog industry
regarding the impact of the COVID–19
pandemic on the industry.
Definitions
The definitions in 7 CFR parts 718
and 1400 apply to SMHPP, except as
otherwise provided in this document.
The following definitions also apply.
Barrow means a neutered male swine,
with the neutering performed before the
swine reached sexual maturity.
Boar means a sexually intact male
swine.
Breeding stock means sows and boars.
Contract grower means a person or
legal entity who grows or produces
eligible livestock under contract for or
on behalf of another person or entity.
The contract grower’s income is
dependent upon the successful
production of livestock or offspring
from livestock. The contract grower
does not have ownership in the
livestock and is not entitled to a share
from sales proceeds of the livestock.
Gilt means a young female swine that
has not produced a litter.
Hogs means barrows and gilts
(excluding breeding stock).
Negotiated sale means a sale by a
producer of hogs to a packer under
which the base price for the hogs is
determined by seller-buyer interaction
and agreement on a delivery day. The
hog industry also refers to a negotiated
sale as a cash or spot market sale. The
hogs are scheduled for delivery to the
packer not more than 14 days after the
date on which the hogs are committed
to the packer. A negotiated formula sale
is also considered a negotiated sale.
Negotiated formula sale means a hog
or pork market formula sale under
which:
(1) The formula is determined by
negotiation on a lot-by-lot basis; and
(2) The hogs are scheduled for
delivery to the packer not later than 14
days after the date on which the formula
is negotiated and the hogs are
committed to the packer.
Ownership interest means to have
either a legal ownership interest or a
beneficial ownership interest in a legal
entity. For the purposes of
administering SMHPP, a person or legal
entity that owns a share or stock in a
legal entity that is a corporation, limited
liability company, limited partnership,
or similar type entity where members
hold a legal ownership interest, and
shares in the profits or losses of such
entity is considered to have an
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ownership interest in such legal entity.
A person or legal entity that is a
beneficiary of a trust or heir of an estate
who benefits from the profits or losses
of such entity is considered to have a
beneficial ownership interest in such
legal entity.
Packer means a packer as defined in
section 201 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 191).
Therefore, packer means any person
engaged in the business:
(a) Of buying livestock in commerce
for purposes of slaughter;
(b) Of manufacturing or preparing
meats or meat food products for sale or
shipment in commerce; or
(c) Of marketing meats, meat food
products, or livestock products in an
unmanufactured form acting as a
wholesale broker, dealer, or distributor
in commerce.
Producer means a person or legal
entity who has ownership of the hogs
and whose production and facilities are
located in the United States.
Sold means the producer and packer
agreed on the negotiated price through
a negotiated sale, and the producer
delivered the hogs within the time of
that agreement. For SMHPP, a hog is
considered sold on the date of the
agreement, rather than when the hog or
payment is delivered.
Sow means an adult female swine that
has produced one or more litters.
Swine means domesticated
omnivorous pig, hog, or boar.
United States means all 50 states of
the United States, the District of
Columbia, the Commonwealth of Puerto
Rico and any other territory or
possession of the United States.
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Eligible Hogs
Eligible hogs are hogs sold through a
negotiated sale by producers from April
16, 2020, through September 1, 2020.
FSA is providing assistance for these
hogs because USDA has determined
producers that sold hogs through
negotiated sales were affected by the
greatest reduction in market prices of
swine producers due to the COVID–19
pandemic during this period. The hogs
must have been physically located in
the United States at the time of sale.
Eligible Producers
An eligible producer is a person or
legal entity who has ownership of the
eligible hogs and whose production and
facilities are located in the United
States.
To be eligible for SMHPP, a producer
must be any of the following:
(1) Citizen of the United States;
(2) Resident alien, which for purposes
of this subpart means ‘‘lawful alien’’ as
defined in 7 CFR part 1400;
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(3) Partnership of citizens or resident
aliens of the United States;
(4) Corporation, limited liability
company, or other organizational
structure organized under State law
solely owned by U.S. citizens or
resident aliens; or
(5) Indian Tribe or Tribal
organization, as defined in section 4(b)
of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
Eligible producers must have sold the
hogs through negotiated sale contract
during the time frame of April 16, 2020,
through September 1, 2020.
Ineligible Producers
Ineligible producers include:
(1) Contract growers;
(2) Federal, State, and local
governments, including public schools;
(3) Packers; and
(4) Producers for hog purchases
through all other purchase types
including:
—Other market formula,
—Swine or pork market formula,
—Other purchase arrangements, and
—Packer owned.
Application Process
FSA will accept applications from
December 15, 2021, through February
25, 2022. To apply for SMHPP, eligible
producers must submit a complete form
FSA–940, Spot Market Hog Pandemic
Program (SMHPP) Application.
Applications may be submitted to any
FSA county office in person or by mail,
email, facsimile, or other methods
announced by FSA.
Producers must also submit all of the
following items, if not previously filed
with FSA:
• Form AD–2047, Customer Data
Worksheet for new customers or
existing customers needing to update
their customer profile;
• Form CCC–902, Farm Operating
Plan for an individual or legal entity as
provided in 7 CFR part 1400;
• Form CCC–901, Member
Information for Legal Entities (if
applicable);
• Form CCC–941, Average Adjusted
Gross Income (AGI) Certification and
Consent to Disclosure of Tax
Information, for the 2020 program year
for the person or legal entity, including
the legal entity’s members, partners,
shareholders, heirs, or beneficiaries as
provided in 7 CFR part 1400;
• Form FSA–1123, Certification of
2020 Adjusted Gross Income, if
applicable; and
• A highly erodible land conservation
(sometimes referred to as HELC) and
wetland conservation certification as
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provided in 7 CFR part 12 (form AD–
1026 Highly Erodible Land
Conservation (HELC) and Wetland
Conservation (WC) Certification for the
SMHPP producer and applicable
affiliates.
Producers must submit all required
eligibility documentation specified
above, as applicable, no later than 60
days from the date a producer signs and
submits the form FSA–940. If the
producer does not timely submit the
required eligibility forms, or a member
who is required to submit the form AD–
1026 does not do so, FSA will not issue
a payment. When the other required
eligibility forms are not timely
submitted for a member of a legal entity,
FSA will reduce the payment based on
the member’s ownership interest in the
legal entity.
If requested by FSA, the producer
must provide supporting documentation
to verify the accuracy of information
provided on the application, including
to substantiate the number of hogs
reported on the application. Examples
of supporting documentation that may
be requested include negotiated sale
agreement, veterinarian records, feeding
records, inventory records, rendering
receipts, purchase receipts, slaughter
sheets (kill sheets), invoices, and other
records determined acceptable by FSA.
If any supporting documentation is
requested to verify the sales of hogs sold
through a negotiated sale, the
documentation must be submitted to
FSA within 30 days from the request or
the application will be disapproved by
FSA.
Payment
SMHPP payments compensate eligible
hog producers for hogs sold through a
negotiated sale from April 16, 2020,
through September 1, 2020. To simplify
administration of SMHPP, FSA and
AMS has determined a single payment
rate of $54 per head.
USDA calculated the average daily
difference in the negotiated sales price
during the applicable time frame,
compared to the daily 5-year average for
negotiated sales prices during April 16
through September 1 for years 2015
through 2019. The average daily
difference was equal to $77 per hog
based on the average carcass weight that
was submitted to AMS through
livestock mandatory reporting.
The SMHPP payment rate of $54 per
head is equal to the $77 per head minus
the CFAP 2 rate of $23 per head. CFAP
2 paid for the highest hog inventory
from April 16, 2020, through August 31,
2020. CFAP 2 was available to all swine
producers who qualified under the
terms and conditions of such program
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and the application period for CFAP 2
was extended, ending October 12, 2021,
to allow additional time for all eligible
producers to apply. SMHPP is therefore
not intended to cover pandemic impacts
that were or could have been
compensated under CFAP 2;
accordingly, the CFAP 2 hog payment
rate of $23 per head has been deducted
from the calculated payment rate for
SMHPP.
SMHPP payments will be calculated
by multiplying the number of head of
eligible hogs, not to exceed 10,000 head,
by the payment rate per head of $54.
FSA will issue payments to eligible hog
operations as applications are received
and approved. SMHPP is not subject to
payment limitations.
Provisions Requiring Refund to FSA
In the event that any application for
an SMHPP payment resulted from
erroneous information reported by the
producer, the payment will be
recalculated, and the producer must
refund any excess payment to FSA,
including interest to be calculated from
the date of the disbursement to the
SMHPP producer. If, for whatever
reason, FSA determines that the
producer misrepresented the total hogs
sold through a negotiated sale, the
application will be disapproved, and the
producer must refund the full SMHPP
payment to FSA with interest from the
date of disbursement. Any required
refunds must be resolved in accordance
with 7 CFR part 3.
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Miscellaneous Provisions
A person or legal entity, other than a
joint venture or general partnership, is
ineligible for SMHPP payments if the
person’s or legal entity’s average
adjusted gross income (AGI), using the
average of the adjusted gross incomes
for the 2016, 2017, and 2018 tax years,
exceeds $900,000 as described in 7 CFR
part 1400, subpart F, unless the
exception described below applies.
With respect to joint ventures and
general partnerships, this average AGI
provision will be applied to members of
the joint venture and general
partnership. Average AGI provisions are
applicable to members, partners,
stockholders, heirs, and beneficiaries
with an ownership interest in a legal
entity, including a general partnership
or joint venture who are at or above the
fourth tier of ownership in the business
structure. The eligible hog producer’s
payment will be reduced by the portion
of a payment attributed to a member
who exceeds the average $900,000 AGI
limitation or is otherwise ineligible for
payment.
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A person or legal entity whose
average AGI exceeds $900,000 may
otherwise be eligible for SMHPP
payments if the 2020 AGI alone is less
than $900,000. In order to qualify for
this exception to the average AGI
limitation, persons or legal entities must
submit form FSA–1123 to certify that
their 2020 AGI is not more than
$900,000 and provide a certification
from a licensed CPA or attorney
attesting to the accuracy of the person’s
or legal entity’s certification.
A payment made to a legal entity will
be attributed to those members who
have a direct or indirect ownership
interest in the legal entity, unless the
payment of the legal entity has been
reduced by the proportionate ownership
interest of the member due to that
member’s ineligibility.
Attribution of payments made to legal
entities will be tracked through four
levels of ownership in legal entities as
follows:
• First level of ownership—any
payment made to a legal entity that is
owned in whole or in part by a person
will be attributed to the person in an
amount that represents the direct
ownership interest in the first-tier or
payment legal entity;
• Second level of ownership—any
payment made to a first-tier legal entity
that is owned in whole or in part by
another legal entity (referred to as a
second-tier legal entity) will be
attributed to the second-tier legal entity
in proportion to the ownership of the
second-tier legal entity in the first-tier
legal entity; if the second-tier legal
entity is owned in whole or in part by
a person, the amount of the payment
made to the first-tier legal entity will be
attributed to the person in the amount
that represents the indirect ownership
in the first-tier legal entity by the
person;
• Third and fourth levels—except as
provided in the second-level of
ownership bullet above, any payments
made to a legal entity at the third and
fourth tiers of ownership will be
attributed in the same manner as
specified in the second-level of
ownership bullet above; and
• Fourth-tier ownership—if the
fourth-tier of ownership is that of a legal
entity and not that of a person, a
reduction in payment will be applied to
the first-tier or payment legal entity in
the amount that represents the indirect
ownership in the first-tier or payment
legal entity by the fourth-tier legal
entity.
Payments made directly or indirectly
to a person who is a minor child will
not be combined with the earnings of
the minor’s parent or legal guardian.
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A producer that is a legal entity must
provide the names, addresses,
ownership share, and valid taxpayer
identification numbers of the members
holding an ownership interest in the
legal entity. Payments to a legal entity
will be reduced in proportion to a
member’s ownership share when a valid
taxpayer identification number for a
person or legal entity that holds a direct
or indirect ownership interest, at or
above the fourth level of ownership in
the business structure, is not provided
to USDA.
If an individual or legal entity is not
eligible to receive SMHPP payments due
to the individual or legal entity failing
to satisfy some other payment eligibility
provision such as AGI or conservation
compliance provisions, the payment
made either directly or indirectly to the
individual or legal entity will be
reduced to zero. The amount of the
reduction for the direct payment to the
producer will be commensurate with
the direct or indirect ownership interest
of the ineligible individual or ineligible
legal entity.
General requirements that apply to
other FSA-administered commodity
programs also apply to SMHPP,
including compliance with the
provisions of 7 CFR part 12, ‘‘Highly
Erodible Land and Wetland
Conservation,’’ and the provisions of 7
CFR 718.6, which address ineligibility
for benefits for offenses involving
controlled substances. Appeal
regulations specified in 7 CFR parts 11
and 780 and equitable relief and finality
provisions specified in 7 CFR part 718,
subpart D, apply to determinations
under SMHPP. The determination of
matters of general applicability that are
not in response to, or result from, an
individual set of facts in an individual
participant’s application for payment
are not matters that can be appealed.
Such matters of general applicability
include, but are not limited to, the
determination of applicable time period
for eligible negotiated sales and the
payment rate for SMHPP.
Participants are required to retain
documentation in support of their
application for 3 years after the date of
approval. Participants receiving SMHPP
payments or any other person who
furnishes such information to USDA
must permit authorized representatives
of USDA or the Government
Accountability Office, during regular
business hours, to enter the agricultural
operation and to inspect, examine, and
to allow representatives to make copies
of books, records, or other items for the
purpose of confirming the accuracy of
the information provided by the
participant.
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A producer may file an application
with an FSA county office after the
SMHPP application deadline, and in
such case the application will be
considered a request to waive the
deadline. The Deputy Administrator for
Farm Programs, FSA (Deputy
Administrator), has the discretion and
authority to consider the case and waive
or modify application deadlines and
other requirements or program
provisions not specified in law, in cases
where the Deputy Administrator
determines it is equitable to do so and
where the Deputy Administrator finds
that the lateness or failure to meet such
other requirements or program
provisions do not adversely affect the
operation of SMHPP. Although
producers have a right to a decision on
whether they filed applications by the
deadline or not, producers have no right
to a decision in response to a request to
waive or modify deadlines or program
provisions. The Deputy Administrator’s
refusal to exercise discretion to consider
the request will not be considered an
adverse decision and is, by itself, not
appealable.
Any payment under SMHPP will be
made without regard to questions of title
under State law and without regard to
any claim or lien. The regulations
governing offsets in 7 CFR part 3 apply
to SMHPP payments.
In either applying for or participating
in SMHPP, or both, the producer is
subject to laws against perjury and any
penalties and prosecution resulting
therefrom, with such laws including but
not limited to 18 U.S.C. 1621. If the
producer willfully makes and represents
as true any verbal or written declaration,
certification, statement, or verification
that the producer knows or believes not
to be true, in the course of either
applying for or participating in SMHPP,
or both, then the producer is guilty of
perjury and, except as otherwise
provided by law, may be fined,
imprisoned for not more than 5 years, or
both, regardless of whether the producer
makes such verbal or written
declaration, certification, statement, or
verification within or outside the United
States.
For the purposes of the effect of a lien
on eligibility for Federal programs (28
U.S.C. 3201(e)), USDA waives the
restriction on receipt of funds under
SMHPP but only as to beneficiaries
who, as a condition of the waiver, agree
to apply the SMHPP payments to reduce
the amount of the judgment lien.
In addition to any other Federal laws
that apply to SMHPP, the following
laws apply: 15 U.S.C. 714; and 18 U.S.C.
286, 287, 371, and 1001.
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Paperwork Reduction Act
Requirements
In compliance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), FSA is requesting
comments from interested individuals
and organizations on the information
collection request associated with
SMHPP. After the 60-day period ends,
the information collection request will
be submitted to the Office of
Management and Budget (OMB) for a 3year approval to cover SMHPP
information collection. To start the
SMHPP information collection
approval, prior to publishing this notice,
FSA received emergency approval from
OMB for 6 months. The emergency
approval covers SMHPP information
collection activities.
Title: SMHPP.
OMB Control Number: 0560–NEW.
Type of Request: New Collection.
Abstract: FSA will make payments to
producers that sold hogs through
negotiated sale from April 16, 2020,
through September 1, 2020, the period
in which these producers faced the
greatest reduction in market prices as a
result of the COVID–19 pandemic. FSA
is expected to use an estimated $50
million in funds provided by the
Coronavirus Aid, Relief, and Economic
Security (CARES) Act (Pub. L. 116–136)
to assist producers under SMHPP.
For the following estimated total
annual burden on respondents, the
formula used to calculate the total
burden hour is the estimated average
time per response multiplied by the
estimated total annual responses.
Estimate of Respondent Burden:
Public reporting burden for this
information collection is estimated to
average 0.32 hours per response to
include the time for reviewing
instructions, searching for information,
gathering and maintaining the data, and
completing and reviewing the collection
of information.
Type of Respondents: Individuals or
households, businesses or other for
profit farms.
Estimated Annual Number of
Respondents: 23,113.
Estimated Number of Reponses per
Respondent: 1.965.
Estimated Total Annual Responses:
45,417.
Estimated Average Time per
Response: 0.31 hours.
Estimated Total Annual Burden on
Respondents: 14,253.
We are requesting comments on all
aspects of this information collection to
help us to:
(1) Evaluate whether the collection of
information is necessary for the proper
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performance of the functions of the
FSA, including whether the information
will have practical utility;
(2) Evaluate the accuracy of the FSA’s
estimate of burden including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; or
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
All comments received in response to
this notice, including names and
addresses when provided, will be a
matter of public record. Comments will
be summarized and included in the
submission for Office of Management
and Budget approval.
Environmental Review
The environmental impacts have been
considered in a manner consistent with
the provisions of the National
Environmental Policy Act (NEPA, 42
U.S.C. 4321–4347), the regulations of
the Council on Environmental Quality
(40 CFR parts 1500–1508), and the FSA
regulation for compliance with NEPA (7
CFR part 799).
As previously stated, SMHPP is
providing payments to qualified hog
operations for financial losses of hogs
sold through negotiated sale from April
16, 2020, through September 1, 2020,
due to low market prices as a result of
COVID–19. The limited discretionary
aspects of SMHPP do not have the
potential to impact the human
environment as they are administrative.
Accordingly, these discretionary aspects
are covered by the FSA Categorical
Exclusions specified in 7 CFR
799.31(b)(6)(iii) that applies to price
support programs and § 799.31(b)(6)(vi)
that applies to safety net programs.
No Extraordinary Circumstances
(§ 799.33) exist. As such, the
implementation of SMHPP and the
participation in SMHPP do not
constitute major Federal actions that
would significantly affect the quality of
the human environment, individually or
cumulatively. Therefore, FSA will not
prepare an environmental assessment or
environmental impact statement for this
action and this document serves as
documentation of the programmatic
environmental compliance decision for
this federal action.
Federal Assistance Programs
The title and number of the Federal
assistance programs, as found in the
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Catalog of Federal Domestic Assistance,
to which this document applies is
10.144—Spot Market Hog Pandemic
Program.
USDA Non-Discrimination Policy
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In accordance with Federal civil
rights law and U.S. Department of
Agriculture (USDA) civil rights
regulations and policies, USDA, its
Agencies, offices, and employees, and
institutions participating in or
administering USDA programs are
prohibited from discriminating based on
race, color, national origin, religion, sex,
gender identity (including gender
expression), sexual orientation,
disability, age, marital status, family or
parental status, income derived from a
public assistance program, political
beliefs, or reprisal or retaliation for prior
civil rights activity, in any program or
activity conducted or funded by USDA
(not all bases apply to all programs).
Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require
alternative means of communication for
program information (for example,
braille, large print, audiotape, American
Sign Language, etc.) should contact the
responsible Agency or USDA TARGET
Center at (202) 720–2600 or 844–433–
2774 (toll-free nationwide).
Additionally, program information may
be made available in languages other
than English.
To file a program discrimination
complaint, complete the USDA Program
Discrimination Complaint Form, AD–
3027, found online at https://
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and
at any USDA office or write a letter
addressed to USDA and provide in the
letter all the information requested in
the form. To request a copy of the
complaint form, call (866) 632–9992.
Submit your completed form or letter to
USDA by mail to: U.S. Department of
Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400
Independence Avenue SW, Washington,
DC 20250–9410 or email: OAC@
usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Steven Peterson,
Acting Administrator, Farm Service Agency.
[FR Doc. 2021–27015 Filed 12–13–21; 8:45 am]
BILLING CODE 3410–05–P
VerDate Sep<11>2014
18:24 Dec 13, 2021
Jkt 256001
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2017–0016]
FSIS Guidelines for Small and Very
Small Meat and Poultry Establishments
Regarding Cooking and Stabilization in
Meat and Poultry Products (Previously
Referred to as Appendices A and B)
Food Safety and Inspection
Service, USDA.
ACTION: Notice of availability and
response to comments.
AGENCY:
The Food Safety and
Inspection Service (FSIS) is announcing
the availability of two updated
guidelines for meat and poultry
establishments concerning the
destruction of Salmonella and other
pathogens during cooking of ready-toeat (RTE) meat and poultry products
(lethality) and the control of the growth
of spore-forming Clostridial pathogens
in heat-treated RTE and not-ready-to-eat
(NRTE) meat and poultry products
during cooling and hot-holding
(stabilization). The updated guidelines
reflect changes made in response to
comments received on the 2017 versions
of these guidelines.
DATES: On December 14, 2022, FSIS will
verify that establishments that had been
using the 1999 and 2017 versions of
Appendix A and B are instead using the
2021 updated versions of the guidance
or have identified alternative scientific
support for their cooking and
stabilization processes, making changes
to their HACCP systems as needed.
ADDRESSES: Downloadable versions of
the guidelines are available to view and
print at https://www.fsis.usda.gov/
guidelines/2017-0007 and https://
www.fsis.usda.gov/guidelines/20170008 once copies of the guidelines have
been published.
FOR FURTHER INFORMATION CONTACT:
Rachel Edelstein, Assistant
Administrator, Office of Policy and
Program Development; Telephone: (202)
205–0495.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On June 16, 2017, FSIS announced
the availability of and requested
comments on revisions to two guidance
documents, originally published in
1999: The FSIS Salmonella Compliance
Guideline for Small and Very Small
Meat and Poultry Establishments that
Produce Ready-to-Eat (RTE) Products
and Revised Appendix A and the FSIS
Compliance Guideline for Stabilization
(Cooling and Hot-Holding) of Fully and
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
71007
Partially Heat-Treated RTE and NRTE
Meat and Poultry Products Produced by
Small with Very Small Establishments
and Revised Appendix B (82 FR 27680).
These guidelines describe best practices
for eliminating Salmonella from RTE
meat and poultry products (lethality)
and for preventing or limiting the
growth of spore-forming Clostridial
pathogens (stabilization) during the
cooling or hot-holding of RTE and NRTE
meat and poultry products. After
reviewing the comments received, the
Agency has again revised the guidelines.
The revised guidelines are posted at:
https://www.fsis.usda.gov/policy/fsisguidelines. A summarized list of major
changes to the guidelines appears
below.
Many establishments use these
processing guidelines as scientific
support for the lethality and
stabilization procedures in their Hazard
Analysis and Critical Control Point
(HACCP) systems. When adequately
applied to ensure food safety, FSIS has
accepted the use of both of these
guidelines as scientific support for
validating that the establishment’s
HACCP system for these products meets
the regulatory performance standards
for lethality (9 CFR 318.17(a)(1), 9 CFR
318.23, 381.150(a)(1)) and stabilization
(9 CFR 318.17(a)(2), 9 CFR 318.23(c)(1),
9 CFR 381.150(a)(2), 9 CFR 381.150(b))
in cooked and partially-cooked meat
and poultry products. In addition, FSIS
has accepted these guidelines as
scientific support for validating that the
establishment’s HACCP system for these
products and other RTE and NRTE meat
and poultry products not covered by the
regulations address Salmonella and
Clostridial pathogens. Therefore,
establishments may include the
guidelines as supporting documentation
for decisions in the hazard analysis and
for validation (9 CFR 417.5(a)(1)) and 9
CFR 417.4(a)), as well as supporting the
selection and development of HACCP
system controls (9 CFR 417.5(a)(2)).
Establishments may choose to adopt
different procedures than those outlined
in the Appendix A and B guidelines, but
they will need to provide scientific
support demonstrating why those
procedures are effective. Additional
types of scientific or technical support
can consist of other published
processing guidelines, peer-reviewed
scientific or technical data or
information, expert advice from
processing authorities (provided it does
not rely on expert opinion alone), a
challenge or inoculated pack study,
results of validated pathogen modeling
programs, data gathered by the
E:\FR\FM\14DEN1.SGM
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Agencies
[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71003-71007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27015]
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DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID FSA-2021-0012]
Notice of Funds Availability; Spot Market Hog Pandemic Program
AGENCY: Farm Service Agency, USDA.
ACTION: Notification of funding availability.
-----------------------------------------------------------------------
SUMMARY: The Farm Service Agency (FSA) is issuing this notice
announcing the availability of $50 million for the new Spot Market Hog
Pandemic Program (SMHPP) to provide assistance to producers that sold
hogs through a negotiated sale from April 16, 2020, through September
1, 2020, the period in which these producers faced the greatest
reduction in market prices due to the COVID-19 pandemic. The
eligibility requirements, payment calculation, and application
procedure for SMHPP are included in this notice.
DATES:
Funding availability: Implementation will begin December 14, 2021.
Comment Date: We will consider comments on the Paperwork Reduction
Act that we receive by: February 14, 2022.
ADDRESSES: We invite you to submit comments on the information
collection request. You may submit comments by any of the following
methods, although FSA prefers that you submit comments electronically
through the Federal eRulemaking Portal:
Federal eRulemaking Portal: Go to https://www.regulations.gov and search for Docket ID FSA-2021-0012. Follow the
online instructions for submitting comments.
Mail, Hand-Delivery, or Courier: Director, Safety Net
Division, FSA, USDA, 1400 Independence Avenue SW, Stop 0510,
Washington, DC 20250-0522. In your comment, specify the docket ID FSA-
2021-0012.
You may also send comments to the Desk Officer for Agriculture,
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503. All comments received, including those
received by mail, will be posted without change and publicly available
on https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kimberly Graham; telephone: (202) 720-
6825; email: [email protected]. Persons with disabilities who
require alternative means for communication should contact the USDA
Target Center at (202) 720-2600 (voice) or 844-433-2774 (toll-free
nationwide).
SUPPLEMENTARY INFORMATION:
Background
The Coronavirus Aid, Relief, Economic Security (CARES) Act (Pub. L.
116-136) provides funding to prevent, prepare for, and respond to the
COVID-19 pandemic by providing support for agricultural producers who
were impacted. The Secretary announced the USDA Pandemic Assistance for
Producers initiative on March 24, 2021. As a part of that initiative,
FSA is implementing SMHPP, as directed by the Secretary, to make
payments to producers that sold hogs through a negotiated sale from
April 16, 2020, through September 1, 2020, the period in which these
producers faced the greatest reduction in market prices due to the
COVID-19 pandemic.
FSA and USDA's Agricultural Marketing Service (AMS) have identified
negotiated hogs as a sector of the agricultural industry significantly
impacted by the pandemic that had not been adequately addressed by
previous pandemic relief programs and experienced the greatest market
price impacts out of all hog purchase types. Using a price analysis of
the average daily national negotiated sales during the pandemic
compared to the daily 5-year average for years 2015 through 2019. FSA
and AMS determined April 16, 2020, through September 1, 2020, to be the
period with the greatest market impacts on hogs sold through a
negotiated sale due to the pandemic. The reduced market prices were a
result of fewer negotiated hogs being procured, packer production
decreases due to employee illness, and supply chain issues. This period
also generally aligns with the Coronavirus Food Assistance Program
(CFAP) 2 eligibility period for swine, which ran from April 16, 2020,
through August 31, 2020.
Direct payments will be limited to hog producers located in the
United States. This assistance will be available to hog producers
through SMHPP as provided in this notice.
FSA is administering SMHPP under the general supervision and
direction of the FSA Administrator and AMS. AMS is providing technical
assistance to FSA, which includes, but is not limited to, sharing
expertise on the hog industry regarding the impact of the COVID-19
pandemic on the industry.
Definitions
The definitions in 7 CFR parts 718 and 1400 apply to SMHPP, except
as otherwise provided in this document. The following definitions also
apply.
Barrow means a neutered male swine, with the neutering performed
before the swine reached sexual maturity.
Boar means a sexually intact male swine.
Breeding stock means sows and boars.
Contract grower means a person or legal entity who grows or
produces eligible livestock under contract for or on behalf of another
person or entity. The contract grower's income is dependent upon the
successful production of livestock or offspring from livestock. The
contract grower does not have ownership in the livestock and is not
entitled to a share from sales proceeds of the livestock.
Gilt means a young female swine that has not produced a litter.
Hogs means barrows and gilts (excluding breeding stock).
Negotiated sale means a sale by a producer of hogs to a packer
under which the base price for the hogs is determined by seller-buyer
interaction and agreement on a delivery day. The hog industry also
refers to a negotiated sale as a cash or spot market sale. The hogs are
scheduled for delivery to the packer not more than 14 days after the
date on which the hogs are committed to the packer. A negotiated
formula sale is also considered a negotiated sale.
Negotiated formula sale means a hog or pork market formula sale
under which:
(1) The formula is determined by negotiation on a lot-by-lot basis;
and
(2) The hogs are scheduled for delivery to the packer not later
than 14 days after the date on which the formula is negotiated and the
hogs are committed to the packer.
Ownership interest means to have either a legal ownership interest
or a beneficial ownership interest in a legal entity. For the purposes
of administering SMHPP, a person or legal entity that owns a share or
stock in a legal entity that is a corporation, limited liability
company, limited partnership, or similar type entity where members hold
a legal ownership interest, and shares in the profits or losses of such
entity is considered to have an
[[Page 71004]]
ownership interest in such legal entity. A person or legal entity that
is a beneficiary of a trust or heir of an estate who benefits from the
profits or losses of such entity is considered to have a beneficial
ownership interest in such legal entity.
Packer means a packer as defined in section 201 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 191). Therefore, packer means any person
engaged in the business:
(a) Of buying livestock in commerce for purposes of slaughter;
(b) Of manufacturing or preparing meats or meat food products for
sale or shipment in commerce; or
(c) Of marketing meats, meat food products, or livestock products
in an unmanufactured form acting as a wholesale broker, dealer, or
distributor in commerce.
Producer means a person or legal entity who has ownership of the
hogs and whose production and facilities are located in the United
States.
Sold means the producer and packer agreed on the negotiated price
through a negotiated sale, and the producer delivered the hogs within
the time of that agreement. For SMHPP, a hog is considered sold on the
date of the agreement, rather than when the hog or payment is
delivered.
Sow means an adult female swine that has produced one or more
litters.
Swine means domesticated omnivorous pig, hog, or boar.
United States means all 50 states of the United States, the
District of Columbia, the Commonwealth of Puerto Rico and any other
territory or possession of the United States.
Eligible Hogs
Eligible hogs are hogs sold through a negotiated sale by producers
from April 16, 2020, through September 1, 2020. FSA is providing
assistance for these hogs because USDA has determined producers that
sold hogs through negotiated sales were affected by the greatest
reduction in market prices of swine producers due to the COVID-19
pandemic during this period. The hogs must have been physically located
in the United States at the time of sale.
Eligible Producers
An eligible producer is a person or legal entity who has ownership
of the eligible hogs and whose production and facilities are located in
the United States.
To be eligible for SMHPP, a producer must be any of the following:
(1) Citizen of the United States;
(2) Resident alien, which for purposes of this subpart means
``lawful alien'' as defined in 7 CFR part 1400;
(3) Partnership of citizens or resident aliens of the United
States;
(4) Corporation, limited liability company, or other organizational
structure organized under State law solely owned by U.S. citizens or
resident aliens; or
(5) Indian Tribe or Tribal organization, as defined in section 4(b)
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
Eligible producers must have sold the hogs through negotiated sale
contract during the time frame of April 16, 2020, through September 1,
2020.
Ineligible Producers
Ineligible producers include:
(1) Contract growers;
(2) Federal, State, and local governments, including public
schools;
(3) Packers; and
(4) Producers for hog purchases through all other purchase types
including:
--Other market formula,
--Swine or pork market formula,
--Other purchase arrangements, and
--Packer owned.
Application Process
FSA will accept applications from December 15, 2021, through
February 25, 2022. To apply for SMHPP, eligible producers must submit a
complete form FSA-940, Spot Market Hog Pandemic Program (SMHPP)
Application. Applications may be submitted to any FSA county office in
person or by mail, email, facsimile, or other methods announced by FSA.
Producers must also submit all of the following items, if not
previously filed with FSA:
Form AD-2047, Customer Data Worksheet for new customers or
existing customers needing to update their customer profile;
Form CCC-902, Farm Operating Plan for an individual or
legal entity as provided in 7 CFR part 1400;
Form CCC-901, Member Information for Legal Entities (if
applicable);
Form CCC-941, Average Adjusted Gross Income (AGI)
Certification and Consent to Disclosure of Tax Information, for the
2020 program year for the person or legal entity, including the legal
entity's members, partners, shareholders, heirs, or beneficiaries as
provided in 7 CFR part 1400;
Form FSA-1123, Certification of 2020 Adjusted Gross
Income, if applicable; and
A highly erodible land conservation (sometimes referred to
as HELC) and wetland conservation certification as provided in 7 CFR
part 12 (form AD-1026 Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification for the SMHPP producer and
applicable affiliates.
Producers must submit all required eligibility documentation
specified above, as applicable, no later than 60 days from the date a
producer signs and submits the form FSA-940. If the producer does not
timely submit the required eligibility forms, or a member who is
required to submit the form AD-1026 does not do so, FSA will not issue
a payment. When the other required eligibility forms are not timely
submitted for a member of a legal entity, FSA will reduce the payment
based on the member's ownership interest in the legal entity.
If requested by FSA, the producer must provide supporting
documentation to verify the accuracy of information provided on the
application, including to substantiate the number of hogs reported on
the application. Examples of supporting documentation that may be
requested include negotiated sale agreement, veterinarian records,
feeding records, inventory records, rendering receipts, purchase
receipts, slaughter sheets (kill sheets), invoices, and other records
determined acceptable by FSA. If any supporting documentation is
requested to verify the sales of hogs sold through a negotiated sale,
the documentation must be submitted to FSA within 30 days from the
request or the application will be disapproved by FSA.
Payment
SMHPP payments compensate eligible hog producers for hogs sold
through a negotiated sale from April 16, 2020, through September 1,
2020. To simplify administration of SMHPP, FSA and AMS has determined a
single payment rate of $54 per head.
USDA calculated the average daily difference in the negotiated
sales price during the applicable time frame, compared to the daily 5-
year average for negotiated sales prices during April 16 through
September 1 for years 2015 through 2019. The average daily difference
was equal to $77 per hog based on the average carcass weight that was
submitted to AMS through livestock mandatory reporting.
The SMHPP payment rate of $54 per head is equal to the $77 per head
minus the CFAP 2 rate of $23 per head. CFAP 2 paid for the highest hog
inventory from April 16, 2020, through August 31, 2020. CFAP 2 was
available to all swine producers who qualified under the terms and
conditions of such program
[[Page 71005]]
and the application period for CFAP 2 was extended, ending October 12,
2021, to allow additional time for all eligible producers to apply.
SMHPP is therefore not intended to cover pandemic impacts that were or
could have been compensated under CFAP 2; accordingly, the CFAP 2 hog
payment rate of $23 per head has been deducted from the calculated
payment rate for SMHPP.
SMHPP payments will be calculated by multiplying the number of head
of eligible hogs, not to exceed 10,000 head, by the payment rate per
head of $54. FSA will issue payments to eligible hog operations as
applications are received and approved. SMHPP is not subject to payment
limitations.
Provisions Requiring Refund to FSA
In the event that any application for an SMHPP payment resulted
from erroneous information reported by the producer, the payment will
be recalculated, and the producer must refund any excess payment to
FSA, including interest to be calculated from the date of the
disbursement to the SMHPP producer. If, for whatever reason, FSA
determines that the producer misrepresented the total hogs sold through
a negotiated sale, the application will be disapproved, and the
producer must refund the full SMHPP payment to FSA with interest from
the date of disbursement. Any required refunds must be resolved in
accordance with 7 CFR part 3.
Miscellaneous Provisions
A person or legal entity, other than a joint venture or general
partnership, is ineligible for SMHPP payments if the person's or legal
entity's average adjusted gross income (AGI), using the average of the
adjusted gross incomes for the 2016, 2017, and 2018 tax years, exceeds
$900,000 as described in 7 CFR part 1400, subpart F, unless the
exception described below applies. With respect to joint ventures and
general partnerships, this average AGI provision will be applied to
members of the joint venture and general partnership. Average AGI
provisions are applicable to members, partners, stockholders, heirs,
and beneficiaries with an ownership interest in a legal entity,
including a general partnership or joint venture who are at or above
the fourth tier of ownership in the business structure. The eligible
hog producer's payment will be reduced by the portion of a payment
attributed to a member who exceeds the average $900,000 AGI limitation
or is otherwise ineligible for payment.
A person or legal entity whose average AGI exceeds $900,000 may
otherwise be eligible for SMHPP payments if the 2020 AGI alone is less
than $900,000. In order to qualify for this exception to the average
AGI limitation, persons or legal entities must submit form FSA-1123 to
certify that their 2020 AGI is not more than $900,000 and provide a
certification from a licensed CPA or attorney attesting to the accuracy
of the person's or legal entity's certification.
A payment made to a legal entity will be attributed to those
members who have a direct or indirect ownership interest in the legal
entity, unless the payment of the legal entity has been reduced by the
proportionate ownership interest of the member due to that member's
ineligibility.
Attribution of payments made to legal entities will be tracked
through four levels of ownership in legal entities as follows:
First level of ownership--any payment made to a legal
entity that is owned in whole or in part by a person will be attributed
to the person in an amount that represents the direct ownership
interest in the first-tier or payment legal entity;
Second level of ownership--any payment made to a first-
tier legal entity that is owned in whole or in part by another legal
entity (referred to as a second-tier legal entity) will be attributed
to the second-tier legal entity in proportion to the ownership of the
second-tier legal entity in the first-tier legal entity; if the second-
tier legal entity is owned in whole or in part by a person, the amount
of the payment made to the first-tier legal entity will be attributed
to the person in the amount that represents the indirect ownership in
the first-tier legal entity by the person;
Third and fourth levels--except as provided in the second-
level of ownership bullet above, any payments made to a legal entity at
the third and fourth tiers of ownership will be attributed in the same
manner as specified in the second-level of ownership bullet above; and
Fourth-tier ownership--if the fourth-tier of ownership is
that of a legal entity and not that of a person, a reduction in payment
will be applied to the first-tier or payment legal entity in the amount
that represents the indirect ownership in the first-tier or payment
legal entity by the fourth-tier legal entity.
Payments made directly or indirectly to a person who is a minor
child will not be combined with the earnings of the minor's parent or
legal guardian.
A producer that is a legal entity must provide the names,
addresses, ownership share, and valid taxpayer identification numbers
of the members holding an ownership interest in the legal entity.
Payments to a legal entity will be reduced in proportion to a member's
ownership share when a valid taxpayer identification number for a
person or legal entity that holds a direct or indirect ownership
interest, at or above the fourth level of ownership in the business
structure, is not provided to USDA.
If an individual or legal entity is not eligible to receive SMHPP
payments due to the individual or legal entity failing to satisfy some
other payment eligibility provision such as AGI or conservation
compliance provisions, the payment made either directly or indirectly
to the individual or legal entity will be reduced to zero. The amount
of the reduction for the direct payment to the producer will be
commensurate with the direct or indirect ownership interest of the
ineligible individual or ineligible legal entity.
General requirements that apply to other FSA-administered commodity
programs also apply to SMHPP, including compliance with the provisions
of 7 CFR part 12, ``Highly Erodible Land and Wetland Conservation,''
and the provisions of 7 CFR 718.6, which address ineligibility for
benefits for offenses involving controlled substances. Appeal
regulations specified in 7 CFR parts 11 and 780 and equitable relief
and finality provisions specified in 7 CFR part 718, subpart D, apply
to determinations under SMHPP. The determination of matters of general
applicability that are not in response to, or result from, an
individual set of facts in an individual participant's application for
payment are not matters that can be appealed. Such matters of general
applicability include, but are not limited to, the determination of
applicable time period for eligible negotiated sales and the payment
rate for SMHPP.
Participants are required to retain documentation in support of
their application for 3 years after the date of approval. Participants
receiving SMHPP payments or any other person who furnishes such
information to USDA must permit authorized representatives of USDA or
the Government Accountability Office, during regular business hours, to
enter the agricultural operation and to inspect, examine, and to allow
representatives to make copies of books, records, or other items for
the purpose of confirming the accuracy of the information provided by
the participant.
[[Page 71006]]
A producer may file an application with an FSA county office after
the SMHPP application deadline, and in such case the application will
be considered a request to waive the deadline. The Deputy Administrator
for Farm Programs, FSA (Deputy Administrator), has the discretion and
authority to consider the case and waive or modify application
deadlines and other requirements or program provisions not specified in
law, in cases where the Deputy Administrator determines it is equitable
to do so and where the Deputy Administrator finds that the lateness or
failure to meet such other requirements or program provisions do not
adversely affect the operation of SMHPP. Although producers have a
right to a decision on whether they filed applications by the deadline
or not, producers have no right to a decision in response to a request
to waive or modify deadlines or program provisions. The Deputy
Administrator's refusal to exercise discretion to consider the request
will not be considered an adverse decision and is, by itself, not
appealable.
Any payment under SMHPP will be made without regard to questions of
title under State law and without regard to any claim or lien. The
regulations governing offsets in 7 CFR part 3 apply to SMHPP payments.
In either applying for or participating in SMHPP, or both, the
producer is subject to laws against perjury and any penalties and
prosecution resulting therefrom, with such laws including but not
limited to 18 U.S.C. 1621. If the producer willfully makes and
represents as true any verbal or written declaration, certification,
statement, or verification that the producer knows or believes not to
be true, in the course of either applying for or participating in
SMHPP, or both, then the producer is guilty of perjury and, except as
otherwise provided by law, may be fined, imprisoned for not more than 5
years, or both, regardless of whether the producer makes such verbal or
written declaration, certification, statement, or verification within
or outside the United States.
For the purposes of the effect of a lien on eligibility for Federal
programs (28 U.S.C. 3201(e)), USDA waives the restriction on receipt of
funds under SMHPP but only as to beneficiaries who, as a condition of
the waiver, agree to apply the SMHPP payments to reduce the amount of
the judgment lien.
In addition to any other Federal laws that apply to SMHPP, the
following laws apply: 15 U.S.C. 714; and 18 U.S.C. 286, 287, 371, and
1001.
Paperwork Reduction Act Requirements
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), FSA is requesting comments from interested individuals and
organizations on the information collection request associated with
SMHPP. After the 60-day period ends, the information collection request
will be submitted to the Office of Management and Budget (OMB) for a 3-
year approval to cover SMHPP information collection. To start the SMHPP
information collection approval, prior to publishing this notice, FSA
received emergency approval from OMB for 6 months. The emergency
approval covers SMHPP information collection activities.
Title: SMHPP.
OMB Control Number: 0560-NEW.
Type of Request: New Collection.
Abstract: FSA will make payments to producers that sold hogs
through negotiated sale from April 16, 2020, through September 1, 2020,
the period in which these producers faced the greatest reduction in
market prices as a result of the COVID-19 pandemic. FSA is expected to
use an estimated $50 million in funds provided by the Coronavirus Aid,
Relief, and Economic Security (CARES) Act (Pub. L. 116-136) to assist
producers under SMHPP.
For the following estimated total annual burden on respondents, the
formula used to calculate the total burden hour is the estimated
average time per response multiplied by the estimated total annual
responses.
Estimate of Respondent Burden: Public reporting burden for this
information collection is estimated to average 0.32 hours per response
to include the time for reviewing instructions, searching for
information, gathering and maintaining the data, and completing and
reviewing the collection of information.
Type of Respondents: Individuals or households, businesses or other
for profit farms.
Estimated Annual Number of Respondents: 23,113.
Estimated Number of Reponses per Respondent: 1.965.
Estimated Total Annual Responses: 45,417.
Estimated Average Time per Response: 0.31 hours.
Estimated Total Annual Burden on Respondents: 14,253.
We are requesting comments on all aspects of this information
collection to help us to:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the FSA, including whether
the information will have practical utility;
(2) Evaluate the accuracy of the FSA's estimate of burden including
the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; or
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
All comments received in response to this notice, including names
and addresses when provided, will be a matter of public record.
Comments will be summarized and included in the submission for Office
of Management and Budget approval.
Environmental Review
The environmental impacts have been considered in a manner
consistent with the provisions of the National Environmental Policy Act
(NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on
Environmental Quality (40 CFR parts 1500-1508), and the FSA regulation
for compliance with NEPA (7 CFR part 799).
As previously stated, SMHPP is providing payments to qualified hog
operations for financial losses of hogs sold through negotiated sale
from April 16, 2020, through September 1, 2020, due to low market
prices as a result of COVID-19. The limited discretionary aspects of
SMHPP do not have the potential to impact the human environment as they
are administrative. Accordingly, these discretionary aspects are
covered by the FSA Categorical Exclusions specified in 7 CFR
799.31(b)(6)(iii) that applies to price support programs and Sec.
799.31(b)(6)(vi) that applies to safety net programs.
No Extraordinary Circumstances (Sec. 799.33) exist. As such, the
implementation of SMHPP and the participation in SMHPP do not
constitute major Federal actions that would significantly affect the
quality of the human environment, individually or cumulatively.
Therefore, FSA will not prepare an environmental assessment or
environmental impact statement for this action and this document serves
as documentation of the programmatic environmental compliance decision
for this federal action.
Federal Assistance Programs
The title and number of the Federal assistance programs, as found
in the
[[Page 71007]]
Catalog of Federal Domestic Assistance, to which this document applies
is 10.144--Spot Market Hog Pandemic Program.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family or parental status, income derived from a public
assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or
funded by USDA (not all bases apply to all programs). Remedies and
complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (for example, braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Agency or USDA TARGET Center at (202) 720-2600 or 844-433-
2774 (toll-free nationwide). Additionally, program information may be
made available in languages other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
at any USDA office or write a letter addressed to USDA and provide in
the letter all the information requested in the form. To request a copy
of the complaint form, call (866) 632-9992. Submit your completed form
or letter to USDA by mail to: U.S. Department of Agriculture, Office of
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
Washington, DC 20250-9410 or email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Steven Peterson,
Acting Administrator, Farm Service Agency.
[FR Doc. 2021-27015 Filed 12-13-21; 8:45 am]
BILLING CODE 3410-05-P