Notice of Funds Availability (NOFA) for the Organic Dairy Marketing Assistance Program, 33562-33566 [2023-11030]
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Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices
of Agriculture is authorized, among
other things, to prohibit or restrict the
interstate movement of animals and
animal products to prevent the
dissemination within the United States
of animal diseases and pests of livestock
and to conduct programs to detect,
control, and eradicate pests and diseases
of livestock.
Scrapie is a progressive, degenerative,
and eventually fatal disease affecting the
nervous system of sheep and goats. Its
control is complicated because the
disease has an extremely long
incubation period without clinical signs
of disease and no known treatment. The
regulations in 9 CFR part 54 describe
requirements related to the indemnity
program, flock cleanup, testing, and a
Scrapie Free Flock Certification Program
(SFCP). Associated information
collection activities include SFCP flock
inspection reports; cooperative
agreement and grant workplans,
financial plans, and reports; memoranda
of understanding; requests for
information and reports on animals
moved; records of animals acquired;
scrapie epidemiology reports; appraisal
and indemnity claims; written
agreements and certifications;
inventories and claims of animal value;
receipts of disposal expenses (payment
of indemnity); reports for U.S.
Environmental Protection Agency
exempted disinfectants used; flock
plans; post exposure management and
monitoring plans; reports of suspect or
dead animals; scrapie Post Exposure
Monitoring and Management Plan
inspection reports; program approvals of
tests for scrapie; cooperative StateFederal scrapie control program scrapie
test records; specimen submissions;
requests for laboratory approval; and
applications for the scrapie flock
certification program.
Regulations in 9 CFR part 79 describe
requirements related to restrictions on
the interstate movement of certain sheep
and goats to control the spread of
scrapie. Associated information
collection activities include interstate
certificates of veterinary inspection;
requests by a breed registry to have its
tattoos approved as official
identification; requests for approval of
sheep or goat identification device types
or methods not currently approved;
applications for and assignment of
identification numbers or official tags
including blue tags; an optional
application for and assignment of
identification numbers; reports when
identification is applied; requests to
move animals in interstate commerce;
requests to replace official identification
for lost or damaged official
identification devices; requests for
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approval to produce or renew approval
to produce official identification
devices; agreements to send official ear
tags to specified individuals; monthly
reports of official identification
produced; data entry of official
identification devices produced and
assigned; compliance agreements and
reports for consignments when
identification is applied; declinations to
participate or provide information; herd
owner notification of designation of
flocks or animals; permits for movement
of restricted animals; State application
for scrapie classification, classification
renewal, or reclassification of a State;
epidemiology and identification
compliance reports; and concurrence
with APHIS/State animal designation.
Information collection activities
associated with both parts 54 and 79
include training and approval of
designated scrapie epidemiologists,
waivers of requirements for scrapie
control pilot projects, appeals of APHIS
decisions, approval of terminal feedlots,
and owner/hauler statements.
We are asking the Office of
Management and Budget (OMB) to
approve our use of these information
collection activities for an additional 3
years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
echnologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
burden for this collection of information
is estimated to average 0.77 hours per
response.
Respondents: Flock owners; market
owners, operators, or managers; dealers;
slaughter plant owners, operators, or
managers; feedlot owners, operators, or
managers; tag manufacturers; managers
of producer organizations; accredited
veterinarians; and State animal health
authorities.
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Estimated annual number of
respondents: 174,851.
Estimated annual number of
responses per respondent: 6.
Estimated annual number of
responses: 1,082,777.
Estimated total annual burden on
respondents: 828,878 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 18th day of
May 2023.
Michael Watson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2023–11063 Filed 5–23–23; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Farm Service Agency
[Docket ID FSA–2023–0004]
Notice of Funds Availability (NOFA) for
the Organic Dairy Marketing
Assistance Program
Commodity Credit Corporation
and Farm Service Agency, USDA.
ACTION: Notice.
AGENCY:
The Farm Service Agency
(FSA), on behalf of the Commodity
Credit Corporation (CCC), is announcing
the availability of marketing assistance
funding to organic dairy operations in
the United States. Eligible Organic Dairy
Marketing Assistance Program
(ODMAP) participants will receive a
one-time payment to assist with
projected marketing costs for 2023,
calculated based on a cost share of
marketing costs on the pounds of
organic milk marketed for the 2022
calendar year (or a projection of 2023
pounds of organic milk marketed if
warranted in certain situations
supported by documentation), not to
exceed 5 million pounds per operation
to target smaller organic dairy
operations. ODMAP payments will
assist organic dairy producers in
expanding the market for organic dairy
and increasing the consumption of
organic dairy, through the continued
marketing of organic dairy, as these
operations face a variety of marketing
challenges and input cost increases and
supply chain-related shortages.
SUMMARY:
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Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices
Applications Due Date: We will
accept applications through July 26,
2023.
FOR FURTHER INFORMATION CONTACT:
Douglas Kilgore, (202) 748–2434,
douglas.e.kilgore@usda.gov. Persons
with disabilities who require alternative
means for communication should
contact the USDA Target Center at (202)
720–2600 (voice).
SUPPLEMENTARY INFORMATION:
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DATES:
Background
Over the past several years, organic
dairy farms have faced—and continue to
face—a variety of challenges, and many
are struggling to remain in business.
Notably, organic dairy operations have
limited ability to pass along cost
increases to retailers or consumers
without a decrease in domestic
consumption of organic dairy and the
cost increases have, in many cases,
eliminated profit margins, especially
among smaller operations that do not
have the ability to take advantage of
economies of scale. Marketing and
operational challenges may result in
decisions to cease operations entirely
without intervention, which will reduce
the organic dairy market. Organic grain
and forage commodities have
traditionally been relatively small
markets where the domestic U.S.
demand for organic feed has outstripped
supply, resulting in the need for
imports. Input costs and availability,
especially feed, have seen several years
of sustained increases and volatility due
to a variety of factors including drought
in major forage production regions in
the United States, and transportation
and trade challenges both in general
post-pandemic and specific to the
disruptions caused by the invasion of
Ukraine, which has traditionally been
one of the major organic global feed
suppliers.
In addition to these input costs and
challenges, organic dairy farmers also
have seen higher delivery and marketing
costs, especially those related to
transportation and hauling. As part of
the system through which all dairy
farmers provide milk and dairy products
to consumers, dairies bear the costs of
milk hauling and other marketing costs.
These marketing costs for organic
dairies, however, can be significantly
greater than the conventional market. In
addition, participants in the organic
dairy sector must take additional steps
to keep the organic milk separated and
its status as organic clearly preserved. In
some cases, these requirements
necessitate longer and more costly
hauling routes, including the costs of
finding truck drivers willing to cover
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longer routes with multiple stops. The
recent shortage of truck drivers in
general and specifically those with the
experience and training to operate
tanker trucks exacerbates these
challenges further.
Organic dairy operations also tend to
be smaller farms than conventional
dairy operations, which means they
often have less production to spread the
various fixed costs over or have higher
per unit costs. Therefore, they may not
benefit from the same economies of
scale as conventional dairies. In
particular, milk pick-up and hauling
costs may be a challenge due to the need
to have dedicated organic pick-up
routes that need to stop at multiple
farms or use smaller tankers.
ODMAP will provide assistance to
organic dairy operations that produce
milk from cows as well as organic dairy
operations that produce milk from goat
and sheep. All three types of organic
dairy operations are eligible, since all
three types of operations face the same
challenges related to organic marketing
and generally follow similar business
and marketing models such as pooling
milk through cooperatives or selling
directly to milk processors that make
dairy products such as cheese. While
there are fewer, and therefore less data
available on, organic dairy operations
that produce milk from goats and sheep
compared to cows, the impact of
increased marketing costs to the
consumption of organic dairy remains
constant across all three.
Data to estimate the marketing costs
for all species relies on conventional
cow milk estimates, since more specific
national organic cow, sheep, or goat
estimates are not available. Given the
unique marketing challenges and
strategies for organic dairy operations
discussed above, these conventional
estimates are likely to be conservative
and do not reflect the full marketing
costs for organic production.
Through ODMAP, USDA is assisting
organic dairy operations by providing
payments to assist with their projected
marketing costs in 2023. The CCC
Charter Act (15 U.S.C. 714c(e)) includes
authority for CCC to use its general
powers and funding to increase the
domestic consumption of agricultural
commodities (other than tobacco) by
expanding or aiding in the expansion of
domestic markets or by developing or
aiding in the development of new and
additional markets, marketing facilities,
and uses for such commodities. USDA
is providing this marketing assistance to
organic dairy producers to help keep
these small organic dairies in operation
by aiding in the expansion of the
domestic market for organic dairy,
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which will increase domestic
consumption of organic dairy, in order
to counteract the currently projected
reduction in this market. Without the
assistance, it is projected that organic
dairies, and particularly small organic
dairies, may cease or decrease organic
dairy production and reduce the
domestic supply and consumption of
organic milk.
FSA designed ODMAP to leverage a
simplified, streamlined application
process to expedite assistance to
certified organic dairy operations that
produce organic milk from dairy cows,
dairy goats, or dairy sheep. ODMAP
provides one-time assistance for a cost
share of projected marketing costs for
eligible organic dairies for 2023, not to
exceed 5 million pounds per operation
to target smaller organic dairy
operations, in order to provide support
to aid or expand the market for organic
dairy operations during 2023. All
organic dairy operations that apply for
ODMAP will be required to provide
their USDA certification of organic
status, confirming their operation as an
organic dairy operation at the time of
application. In order to calculate
projected marketing costs for 2023, the
streamlined process will have
operations certify to their organic milk
production for the 2022 calendar year,
that was marketed directly as organic
milk or indirectly through organic dairy
products or a projection of pounds of
organic milk marketed in 2023 if
warranted due to changes in
circumstances between 2022 and 2023
supported by documentation as
discussed further below. While
production documentation for 2022
production is not required at the time of
application, operations should retain
supporting documentation and
calculations for 3 years should they be
selected for a spot check.
FSA will administer ODMAP on
behalf of CCC, using CCC funds. The
payment may be issued in 2 parts.
There is $104 million from CCC funds
available for ODMAP assistance.
ODMAP payments will be subject to
availability of funding. FSA will make
an initial payment to eligible applicants
factored by 75 percent. If sufficient
available funding remains at the
conclusion of the application period, an
additional payment of up to the
remaining 25 percent may be made to
each eligible applicant if USDA
determines that additional assistance is
still needed.
The funds announced in this NOFA
are not subject to sequestration.
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Average Milk Marketing Cost
The only available estimates to
calculate an average milk marketing cost
are from milk marketed through the
Federal Milk Marketing Orders
(FMMO), which is primarily
conventional cow milk. There are no
national-level data sets on milk
marketing and hauling costs specific to
organic sheep or goat operations. While
an estimated average milk marketing
cost from FMMO is likely conservative
given the likely higher per unit costs for
smaller operations that are more
common for organic production, and the
unique marketing challenges facing
organic dairy operations, the similarities
in marketing options and costs between
conventional and organic make it the
best proxy available.
To develop the ODMAP payment rate,
FSA worked with the Agricultural
Marketing Service (AMS) to determine
an average marketing cost per
hundredweight, using the AMS data
from the FMMO regional model
documentation (https://
www.ams.usda.gov/sites/default/files/
media/FinalDecisionEconometricModel
Documentation.pdf), which estimates
the relationship between each FMMO
uniform milk price and the National
Agriculture Statistics Service (NASS)
all-milk price.
Through this comparison of the milk
prices, the model estimates the milk
marketing and hauling fees that are
deducted in the net producer milk
marketing statements (producer
paychecks).
Averaging these estimates of milk
marketing costs among orders results in
an average of $1.10 per hundredweight
for 2022, which will be used as the
ODMAP average milk marketing cost to
calculate assistance.
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Eligibility
To be an eligible ODMAP applicant,
the organic dairy operation must
produce and market organic milk from
cows, goats, or sheep at the time of
application, provide their USDA
Certification of organic status for 2023,
and have documentation to support any
certified projection of 2023 pounds of
organic milk marketed.
To be eligible for ODMAP assistance
each applicant must:
(1) Submit a FSA–630 application and
any additional required documentation
as specified in the Application Process
section below; and
(2) Comply with all provisions of this
NOFA and comply with the following
regulations:
• 7 CFR part 12—Highly Erodible
Land and Wetland Conservation;
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• 7 CFR 718.6, Controlled Substance;
and
• 7 CFR part 707—Payments Due
Persons Who Have Died, Disappeared,
or Have Been declared Incompetent, if
applicable.
In addition, consistent with other FSA
assistance programs, a producer must be
a:
• Citizen of the United States;
• Resident alien, which for purposes
of ODMAP means ‘‘lawful alien’’ as
defined in 7 CFR 1400.3;
• Partnership consisting solely of
citizens of the United States or resident
aliens; or
• Corporation, limited liability
company, or other organizational
structure organized under State law
consisting solely of citizens of the
United States or resident aliens.
Federal, State, and local governments
are not eligible for ODMAP payments.
Payment Rates and Calculations
The ODMAP initial payment will be
calculated by using the producercertified pounds of organic milk
projected to be marketed in 2023,
multiplied by the $1.10 per cwt ODMAP
payment rate, multiplied by a factor of
75 percent. The pounds of organic milk
projected to be marketed in 2023 will be
(i) the self-certified organic milk
production marketed directly by the
operation in 2022 or used as inputs in
related-organic dairy products marketed
in 2022, that can be supported by
documentation maintained in the
ordinary course of business, or (ii) if
approved by the Deputy Administrator
for Farm Programs (Deputy
Administrator), an operation-specific
certified estimate of organic milk
projected to be marketed in 2023 that is
supported by documentation
maintained in the ordinary course of
business from the applicant.
Operations that (a) transitioned to
organic in 2022 or 2023, (b) are new
organic operations in 2022 or 2023, or
(c) have increased organic milk
production capacity by 15 percent or
greater in 2023 as compared to 2022,
may request to use a certified estimate
of their operation’s reasonably projected
organic milk to be marketed in 2023
based on average daily organic
production of current herd that can be
supported by documentation
maintained in the ordinary course of
business, including, but not limited to,
milk marketing statements, milk
production records, contemporaneous
records, or similar supporting
documentation, as may be requested by
the Deputy Administrator. These
operations must provide an explanation
of the basis for their 2023 projection on
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the FSA–630 and how those projections
are supported by the supporting
documentation they submit with the
application. All organic dairy operations
making such a request must submit with
their application all available 2023 milk
marketing statements, in addition to all
other documentation necessary to
support their certification. Organic dairy
operations should contact their local
FSA Service Center if they have
questions regarding their particular
circumstances and the documentation
necessary to support such a request. The
request will be evaluated by the Deputy
Administrator at the Deputy
Administrator’s discretion to assess
whether the estimate is adequately
supported by documentation and
reasonable based on the documented
average daily production of the current
organic herd.
The initial payments will be made to
eligible applicants on a rolling basis as
applications are submitted and
approved. If funds remain at the
conclusion of the application period, a
second payment to eligible applicants of
up to the remaining 25 percent may be
issued subject to available funding and
a determination by FSA of the need for
additional marketing assistance based
on discussions with USDA experts and
economists, industry, and stakeholders
regarding impact of initial marketing
assistance on domestic consumption of
organic dairy.
Organic dairy operations are only
eligible for payment on up to 5 million
pounds of organic milk.
Application Process
FSA will make available to organic
dairy operations form FSA–630 to apply
for assistance for pounds of organic milk
projected to be marketed in 2023. FSA
will accept applications from May 24,
2023, through July 26, 2023. To apply
for ODMAP assistance, all applicants
must submit a completed form FSA–630
and all other required documentation to
their administrative FSA county office
by July 26, 2023.
Applicants must submit the following
forms, if not already on file, in person
or by mail, email, facsimile:
• Form FSA–630, ODMAP
Application;
• Manual Form CCC–902–I, Farm
Operating Plan for an Individual, as
applicable;
• Manual Form CCC–902E, Farm
Operating Plan for an Entity, as
applicable;
• CCC–901, Member Information for
Legal Entities (if applicable);
• AD–1026, Highly Erodible Land
Conservation (HELC) and Wetland
Conservation (WC) Certification; and
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• AD–2047, Customer Data
Worksheet.
The Deputy Administrator has the
discretion and authority to waive or
modify filing 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 ODMAP.
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 on requests to waive
or modify ODMAP provisions will not
be considered an adverse decision and
is, by itself, not appealable.
Evaluation and Approval of Payments
FSA will review each ODMAP
application and supporting
documentation to determine eligibility.
FSA, on behalf of CCC, will approve
applications for an ODMAP payment for
eligible applicants consistent with the
terms specified in this document.
If requested by FSA, the applicant
must provide additional supporting
documentation to verify the accuracy of
information provided on the
application. If any supporting
documentation is requested, the
documentation must be submitted to
FSA within 30 calendar days from the
request or the application will be
disapproved by FSA, and, if payment
has been made, full ODMAP payment
will be required to be refunded to FSA
with interest from the date of
disbursement. ODMAP is subject to the
availability of funding and will be
funded in the order in which
applications are approved. If additional
funding is allocated to ODMAP after
initial funding is depleted, additional
applications will be reviewed, approved
and funded, if the eligibility criteria is
met, in the order received during the
application period, subject to the
availability of those additional funds.
An initial ODMAP payment will be
issued after an application is approved.
At the conclusion of signup, a second
payment may be issued to eligible
applicants.
Provisions Requiring Refund to FSA
In the event any ODMAP payment
resulted from erroneous information or
a miscalculation, the payment will be
recalculated, and the participant must
refund any excess payment to FSA with
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interest to be calculated from the date of
the disbursement to the participant. If,
for whatever reason, FSA determines
that the applicant misrepresented either
the reported organic milk production or
organic certification or is otherwise
ineligible for payment, the application
will be disapproved and the full
ODMAP payment will be required to be
refunded to FSA with interest from the
date of disbursement. ODMAP
applications, FSA–630, will be reviewed
and spot-checked by FSA for program
eligibility and payment calculation
purposes through milk marketing
statements or similar supporting
documentation. ODMAP participants
must retain all ODMAP supporting
documentation for 3 years.
The liability of anyone for any penalty
or sanction resulting from a ODMAP
application, or for any refund to FSA, is
in addition to any other liability of such
person under any civil or criminal fraud
statute or any other provision of law
including, but not limited to: 18 U.S.C.
286, 287, 371, 641, 651, 1001, and 1014;
15 U.S.C. 714; and 31 U.S.C. 3729.
Miscellaneous Provisions
Appeal regulations specified in 7 CFR
parts 11 and 780 apply. FSA program
requirements and determinations that
are not in response to, or result from, an
individual disputable set of facts in an
individual participant’s application for
assistance are not matters that can be
appealed.
Paperwork Reduction Act
Requirements
In compliance with the provisions of
the Paperwork Reduction Act (44 U.S.C.
chapter 35), the information collection
request has been approved by OMB
under the control number of 0503–0028.
FSA will collect the information from
the organic dairy operations to qualify
for the ODMAP payment. ODMAP
provides one-time funding as described
in this NOFA.
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
regulations for compliance with NEPA
(7 CFR part 799).
The purpose of ODMAP is to provide
marketing assistance funding to organic
dairy operations in the United States to
increase the domestic consumption of
organic milk and organic milk products
by aiding in the expansion of the
organic milk market. The limited
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33565
discretionary aspects of ODMAP do not
have the potential to impact the human
environment as they are administrative.
Accordingly, these discretionary aspects
are covered by the categorical
exclusions in 7 CFR 799.31(b)(6)(iii) that
applies to price support programs,
provided no extraordinary
circumstances are found to exist. As
such, the implementation of ODMAP
and the participation in ODMAP 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
Assistance Listing, to which this
document applies is 10.977, Organic
Dairy Marketing Assistance Program
(ODMAP).
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.
Individuals 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 (voice and text
telephone (TTY)) or dial 711 for
Telecommunications Relay Service
(both voice and text telephone users can
initiate this call from any telephone).
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://
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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.
Zach Ducheneaux,
Administrator, Farm Service Agency, and
Executive Vice President, Commodity Credit
Corporation.
[FR Doc. 2023–11030 Filed 5–19–23; 4:15 pm]
BILLING CODE 3410–05–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–12–2023]
Foreign-Trade Zone (FTZ) 81;
Authorization of Production Activity;
CAN–ONE (USA), Inc.; (Aluminum
Beverage Cans); Nashua, New
Hampshire
ddrumheller on DSK120RN23PROD with NOTICES1
On January 19, 2023, CAN–ONE
(USA), Inc. submitted a notification of
proposed production activity to the FTZ
Board for its facility within Subzone
81F, in Nashua, New Hampshire.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (88 FR 8796, February
10, 2023). On May 19, 2023, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including section 400.14.
Dated: May 19, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–11060 Filed 5–23–23; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
18:38 May 23, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–916, C–508–815, C–580–917]
Brass Rod From India, Israel, and the
Republic of Korea: Initiation of
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom (India), Zachary Shaykin
(Israel), and Jacob Saude (the Republic
of Korea (Korea)), AD/CVD Operations,
Offices I, IV, and VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5075, (202) 482–2638, or
(202) 482–0981, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On April 27, 2023, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of brass
rod from India, Israel, and Korea filed in
proper form on behalf of the American
Brass Rod Fair Trade Coalition and its
constituent members, Mueller Brass Co.
and Wieland Chase LLC, U.S.,
producers of brass rod (collectively, the
petitioners).1 The CVD petitions were
accompanied by antidumping duty (AD)
petitions concerning imports of brass
rod from Brazil, India, Israel, Mexico,
South Africa, and Korea.2
On May 2 and 10, 2023, Commerce
requested supplemental information
pertaining to certain aspects of the
Petitions.3 On May 8 and 11, 2023, the
petitioners filed timely responses to
1 See Petitioners’ Letter, ‘‘Brass Rod from Brazil,
India, Israel, Mexico, South Africa, and South
Korea: Antidumping and Countervailing Duty
Petitions,’’ dated April 27, 2023 (Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Brass Rod from Israel: Supplemental Questions,’’
dated May 2, 2023; ‘‘Petitions for the Imposition of
Antidumping Duties on Imports of Brass Rod from
Brazil, India, Israel, Mexico, the Republic of Korea,
and South Africa and Countervailing Duties on
Imports from India, Israel, and the Republic of
Korea: Supplemental Questions,’’ dated May 2,
2023 (General Issues Supplemental Questionnaire);
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Countervailing Duties on
Imports of Brass Rod from India: Supplemental
Questions, dated May 2, 2023; and ‘‘Petitions for
the Imposition of Antidumping Duties on Imports
of Brass Rod from Brazil, India, Israel, the Republic
of Korea, Mexico, and South Africa and
Countervailing Duties on Imports from India, Israel,
and the Republic of Korea: Supplemental
Questions,’’ dated May 10, 2023.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
these requests for additional
information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of India (GOI), the
Government of Israel (GISR), and the
Government of Korea (GOK)
(collectively, Governments) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of brass
rod in India, Israel, and Korea, and that
such imports are materially injuring, or
threatening material injury to, the
domestic industry producing brass rod
in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating CVD
investigations, the Petitions were
accompanied by information reasonably
available to the petitioners supporting
their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry because the
petitioners are interested parties as
defined in sections 771(9)(C) and (F) of
the Act. Commerce also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigations.5
Periods of Investigation
Because the Petitions were filed on
April 27, 2023, the periods of
investigation (POI) for India, Israel, and
Korea are January 1, 2022, through
December 31, 2022.6
Scope of the Investigations
The merchandise covered by these
investigations is brass rod from India,
Israel, and Korea. For a full description
of the scope of these investigations, see
the appendix to this notice.
Comments on the Scope of the
Investigations
On May 2 and 10, 2023, Commerce
requested information from the
petitioners regarding the proposed
scope to ensure that the scope language
in the Petitions is an accurate reflection
of the products for which the domestic
4 See Petitioners’ Letters, ‘‘Brass Rod from Brazil,
India, Israel, Mexico, South Africa, and South
Korea: Amendment of Petitions and Response to
Commerce’s Supplemental Questions,’’ dated May
8, 2023 (General Issues Supplement); and ‘‘Brass
Rod from Brazil, India, Israel, Mexico, South Africa,
and South Korea: Second Amendment of Petitions
and Response to Commerce’s Supplemental
Questions,’’ dated May 11, 2023 (Scope
Supplement).
5 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
6 See 19 CFR 351.204(b)(2).
E:\FR\FM\24MYN1.SGM
24MYN1
]]>Agencies
[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33562-33566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11030]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Farm Service Agency
[Docket ID FSA-2023-0004]
Notice of Funds Availability (NOFA) for the Organic Dairy
Marketing Assistance Program
AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Farm Service Agency (FSA), on behalf of the Commodity
Credit Corporation (CCC), is announcing the availability of marketing
assistance funding to organic dairy operations in the United States.
Eligible Organic Dairy Marketing Assistance Program (ODMAP)
participants will receive a one-time payment to assist with projected
marketing costs for 2023, calculated based on a cost share of marketing
costs on the pounds of organic milk marketed for the 2022 calendar year
(or a projection of 2023 pounds of organic milk marketed if warranted
in certain situations supported by documentation), not to exceed 5
million pounds per operation to target smaller organic dairy
operations. ODMAP payments will assist organic dairy producers in
expanding the market for organic dairy and increasing the consumption
of organic dairy, through the continued marketing of organic dairy, as
these operations face a variety of marketing challenges and input cost
increases and supply chain-related shortages.
[[Page 33563]]
DATES: Applications Due Date: We will accept applications through July
26, 2023.
FOR FURTHER INFORMATION CONTACT: Douglas Kilgore, (202) 748-2434,
[email protected]. Persons with disabilities who require
alternative means for communication should contact the USDA Target
Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Background
Over the past several years, organic dairy farms have faced--and
continue to face--a variety of challenges, and many are struggling to
remain in business. Notably, organic dairy operations have limited
ability to pass along cost increases to retailers or consumers without
a decrease in domestic consumption of organic dairy and the cost
increases have, in many cases, eliminated profit margins, especially
among smaller operations that do not have the ability to take advantage
of economies of scale. Marketing and operational challenges may result
in decisions to cease operations entirely without intervention, which
will reduce the organic dairy market. Organic grain and forage
commodities have traditionally been relatively small markets where the
domestic U.S. demand for organic feed has outstripped supply, resulting
in the need for imports. Input costs and availability, especially feed,
have seen several years of sustained increases and volatility due to a
variety of factors including drought in major forage production regions
in the United States, and transportation and trade challenges both in
general post-pandemic and specific to the disruptions caused by the
invasion of Ukraine, which has traditionally been one of the major
organic global feed suppliers.
In addition to these input costs and challenges, organic dairy
farmers also have seen higher delivery and marketing costs, especially
those related to transportation and hauling. As part of the system
through which all dairy farmers provide milk and dairy products to
consumers, dairies bear the costs of milk hauling and other marketing
costs. These marketing costs for organic dairies, however, can be
significantly greater than the conventional market. In addition,
participants in the organic dairy sector must take additional steps to
keep the organic milk separated and its status as organic clearly
preserved. In some cases, these requirements necessitate longer and
more costly hauling routes, including the costs of finding truck
drivers willing to cover longer routes with multiple stops. The recent
shortage of truck drivers in general and specifically those with the
experience and training to operate tanker trucks exacerbates these
challenges further.
Organic dairy operations also tend to be smaller farms than
conventional dairy operations, which means they often have less
production to spread the various fixed costs over or have higher per
unit costs. Therefore, they may not benefit from the same economies of
scale as conventional dairies. In particular, milk pick-up and hauling
costs may be a challenge due to the need to have dedicated organic
pick-up routes that need to stop at multiple farms or use smaller
tankers.
ODMAP will provide assistance to organic dairy operations that
produce milk from cows as well as organic dairy operations that produce
milk from goat and sheep. All three types of organic dairy operations
are eligible, since all three types of operations face the same
challenges related to organic marketing and generally follow similar
business and marketing models such as pooling milk through cooperatives
or selling directly to milk processors that make dairy products such as
cheese. While there are fewer, and therefore less data available on,
organic dairy operations that produce milk from goats and sheep
compared to cows, the impact of increased marketing costs to the
consumption of organic dairy remains constant across all three.
Data to estimate the marketing costs for all species relies on
conventional cow milk estimates, since more specific national organic
cow, sheep, or goat estimates are not available. Given the unique
marketing challenges and strategies for organic dairy operations
discussed above, these conventional estimates are likely to be
conservative and do not reflect the full marketing costs for organic
production.
Through ODMAP, USDA is assisting organic dairy operations by
providing payments to assist with their projected marketing costs in
2023. The CCC Charter Act (15 U.S.C. 714c(e)) includes authority for
CCC to use its general powers and funding to increase the domestic
consumption of agricultural commodities (other than tobacco) by
expanding or aiding in the expansion of domestic markets or by
developing or aiding in the development of new and additional markets,
marketing facilities, and uses for such commodities. USDA is providing
this marketing assistance to organic dairy producers to help keep these
small organic dairies in operation by aiding in the expansion of the
domestic market for organic dairy, which will increase domestic
consumption of organic dairy, in order to counteract the currently
projected reduction in this market. Without the assistance, it is
projected that organic dairies, and particularly small organic dairies,
may cease or decrease organic dairy production and reduce the domestic
supply and consumption of organic milk.
FSA designed ODMAP to leverage a simplified, streamlined
application process to expedite assistance to certified organic dairy
operations that produce organic milk from dairy cows, dairy goats, or
dairy sheep. ODMAP provides one-time assistance for a cost share of
projected marketing costs for eligible organic dairies for 2023, not to
exceed 5 million pounds per operation to target smaller organic dairy
operations, in order to provide support to aid or expand the market for
organic dairy operations during 2023. All organic dairy operations that
apply for ODMAP will be required to provide their USDA certification of
organic status, confirming their operation as an organic dairy
operation at the time of application. In order to calculate projected
marketing costs for 2023, the streamlined process will have operations
certify to their organic milk production for the 2022 calendar year,
that was marketed directly as organic milk or indirectly through
organic dairy products or a projection of pounds of organic milk
marketed in 2023 if warranted due to changes in circumstances between
2022 and 2023 supported by documentation as discussed further below.
While production documentation for 2022 production is not required at
the time of application, operations should retain supporting
documentation and calculations for 3 years should they be selected for
a spot check.
FSA will administer ODMAP on behalf of CCC, using CCC funds. The
payment may be issued in 2 parts.
There is $104 million from CCC funds available for ODMAP
assistance. ODMAP payments will be subject to availability of funding.
FSA will make an initial payment to eligible applicants factored by 75
percent. If sufficient available funding remains at the conclusion of
the application period, an additional payment of up to the remaining 25
percent may be made to each eligible applicant if USDA determines that
additional assistance is still needed.
The funds announced in this NOFA are not subject to sequestration.
[[Page 33564]]
Average Milk Marketing Cost
The only available estimates to calculate an average milk marketing
cost are from milk marketed through the Federal Milk Marketing Orders
(FMMO), which is primarily conventional cow milk. There are no
national-level data sets on milk marketing and hauling costs specific
to organic sheep or goat operations. While an estimated average milk
marketing cost from FMMO is likely conservative given the likely higher
per unit costs for smaller operations that are more common for organic
production, and the unique marketing challenges facing organic dairy
operations, the similarities in marketing options and costs between
conventional and organic make it the best proxy available.
To develop the ODMAP payment rate, FSA worked with the Agricultural
Marketing Service (AMS) to determine an average marketing cost per
hundredweight, using the AMS data from the FMMO regional model
documentation (https://www.ams.usda.gov/sites/default/files/media/FinalDecisionEconometricModelDocumentation.pdf), which estimates the
relationship between each FMMO uniform milk price and the National
Agriculture Statistics Service (NASS) all-milk price.
Through this comparison of the milk prices, the model estimates the
milk marketing and hauling fees that are deducted in the net producer
milk marketing statements (producer paychecks).
Averaging these estimates of milk marketing costs among orders
results in an average of $1.10 per hundredweight for 2022, which will
be used as the ODMAP average milk marketing cost to calculate
assistance.
Eligibility
To be an eligible ODMAP applicant, the organic dairy operation must
produce and market organic milk from cows, goats, or sheep at the time
of application, provide their USDA Certification of organic status for
2023, and have documentation to support any certified projection of
2023 pounds of organic milk marketed.
To be eligible for ODMAP assistance each applicant must:
(1) Submit a FSA-630 application and any additional required
documentation as specified in the Application Process section below;
and
(2) Comply with all provisions of this NOFA and comply with the
following regulations:
7 CFR part 12--Highly Erodible Land and Wetland
Conservation;
7 CFR 718.6, Controlled Substance; and
7 CFR part 707--Payments Due Persons Who Have Died,
Disappeared, or Have Been declared Incompetent, if applicable.
In addition, consistent with other FSA assistance programs, a
producer must be a:
Citizen of the United States;
Resident alien, which for purposes of ODMAP means ``lawful
alien'' as defined in 7 CFR 1400.3;
Partnership consisting solely of citizens of the United
States or resident aliens; or
Corporation, limited liability company, or other
organizational structure organized under State law consisting solely of
citizens of the United States or resident aliens.
Federal, State, and local governments are not eligible for ODMAP
payments.
Payment Rates and Calculations
The ODMAP initial payment will be calculated by using the producer-
certified pounds of organic milk projected to be marketed in 2023,
multiplied by the $1.10 per cwt ODMAP payment rate, multiplied by a
factor of 75 percent. The pounds of organic milk projected to be
marketed in 2023 will be (i) the self-certified organic milk production
marketed directly by the operation in 2022 or used as inputs in
related-organic dairy products marketed in 2022, that can be supported
by documentation maintained in the ordinary course of business, or (ii)
if approved by the Deputy Administrator for Farm Programs (Deputy
Administrator), an operation-specific certified estimate of organic
milk projected to be marketed in 2023 that is supported by
documentation maintained in the ordinary course of business from the
applicant.
Operations that (a) transitioned to organic in 2022 or 2023, (b)
are new organic operations in 2022 or 2023, or (c) have increased
organic milk production capacity by 15 percent or greater in 2023 as
compared to 2022, may request to use a certified estimate of their
operation's reasonably projected organic milk to be marketed in 2023
based on average daily organic production of current herd that can be
supported by documentation maintained in the ordinary course of
business, including, but not limited to, milk marketing statements,
milk production records, contemporaneous records, or similar supporting
documentation, as may be requested by the Deputy Administrator. These
operations must provide an explanation of the basis for their 2023
projection on the FSA-630 and how those projections are supported by
the supporting documentation they submit with the application. All
organic dairy operations making such a request must submit with their
application all available 2023 milk marketing statements, in addition
to all other documentation necessary to support their certification.
Organic dairy operations should contact their local FSA Service Center
if they have questions regarding their particular circumstances and the
documentation necessary to support such a request. The request will be
evaluated by the Deputy Administrator at the Deputy Administrator's
discretion to assess whether the estimate is adequately supported by
documentation and reasonable based on the documented average daily
production of the current organic herd.
The initial payments will be made to eligible applicants on a
rolling basis as applications are submitted and approved. If funds
remain at the conclusion of the application period, a second payment to
eligible applicants of up to the remaining 25 percent may be issued
subject to available funding and a determination by FSA of the need for
additional marketing assistance based on discussions with USDA experts
and economists, industry, and stakeholders regarding impact of initial
marketing assistance on domestic consumption of organic dairy.
Organic dairy operations are only eligible for payment on up to 5
million pounds of organic milk.
Application Process
FSA will make available to organic dairy operations form FSA-630 to
apply for assistance for pounds of organic milk projected to be
marketed in 2023. FSA will accept applications from May 24, 2023,
through July 26, 2023. To apply for ODMAP assistance, all applicants
must submit a completed form FSA-630 and all other required
documentation to their administrative FSA county office by July 26,
2023.
Applicants must submit the following forms, if not already on file,
in person or by mail, email, facsimile:
Form FSA-630, ODMAP Application;
Manual Form CCC-902-I, Farm Operating Plan for an
Individual, as applicable;
Manual Form CCC-902E, Farm Operating Plan for an Entity,
as applicable;
CCC-901, Member Information for Legal Entities (if
applicable);
AD-1026, Highly Erodible Land Conservation (HELC) and
Wetland Conservation (WC) Certification; and
[[Page 33565]]
AD-2047, Customer Data Worksheet.
The Deputy Administrator has the discretion and authority to waive
or modify filing 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 ODMAP.
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 on requests to waive or modify ODMAP provisions will not be
considered an adverse decision and is, by itself, not appealable.
Evaluation and Approval of Payments
FSA will review each ODMAP application and supporting documentation
to determine eligibility. FSA, on behalf of CCC, will approve
applications for an ODMAP payment for eligible applicants consistent
with the terms specified in this document.
If requested by FSA, the applicant must provide additional
supporting documentation to verify the accuracy of information provided
on the application. If any supporting documentation is requested, the
documentation must be submitted to FSA within 30 calendar days from the
request or the application will be disapproved by FSA, and, if payment
has been made, full ODMAP payment will be required to be refunded to
FSA with interest from the date of disbursement. ODMAP is subject to
the availability of funding and will be funded in the order in which
applications are approved. If additional funding is allocated to ODMAP
after initial funding is depleted, additional applications will be
reviewed, approved and funded, if the eligibility criteria is met, in
the order received during the application period, subject to the
availability of those additional funds.
An initial ODMAP payment will be issued after an application is
approved. At the conclusion of signup, a second payment may be issued
to eligible applicants.
Provisions Requiring Refund to FSA
In the event any ODMAP payment resulted from erroneous information
or a miscalculation, the payment will be recalculated, and the
participant must refund any excess payment to FSA with interest to be
calculated from the date of the disbursement to the participant. If,
for whatever reason, FSA determines that the applicant misrepresented
either the reported organic milk production or organic certification or
is otherwise ineligible for payment, the application will be
disapproved and the full ODMAP payment will be required to be refunded
to FSA with interest from the date of disbursement. ODMAP applications,
FSA-630, will be reviewed and spot-checked by FSA for program
eligibility and payment calculation purposes through milk marketing
statements or similar supporting documentation. ODMAP participants must
retain all ODMAP supporting documentation for 3 years.
The liability of anyone for any penalty or sanction resulting from
a ODMAP application, or for any refund to FSA, is in addition to any
other liability of such person under any civil or criminal fraud
statute or any other provision of law including, but not limited to: 18
U.S.C. 286, 287, 371, 641, 651, 1001, and 1014; 15 U.S.C. 714; and 31
U.S.C. 3729.
Miscellaneous Provisions
Appeal regulations specified in 7 CFR parts 11 and 780 apply. FSA
program requirements and determinations that are not in response to, or
result from, an individual disputable set of facts in an individual
participant's application for assistance are not matters that can be
appealed.
Paperwork Reduction Act Requirements
In compliance with the provisions of the Paperwork Reduction Act
(44 U.S.C. chapter 35), the information collection request has been
approved by OMB under the control number of 0503-0028. FSA will collect
the information from the organic dairy operations to qualify for the
ODMAP payment. ODMAP provides one-time funding as described in this
NOFA.
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 regulations
for compliance with NEPA (7 CFR part 799).
The purpose of ODMAP is to provide marketing assistance funding to
organic dairy operations in the United States to increase the domestic
consumption of organic milk and organic milk products by aiding in the
expansion of the organic milk market. The limited discretionary aspects
of ODMAP do not have the potential to impact the human environment as
they are administrative. Accordingly, these discretionary aspects are
covered by the categorical exclusions in 7 CFR 799.31(b)(6)(iii) that
applies to price support programs, provided no extraordinary
circumstances are found to exist. As such, the implementation of ODMAP
and the participation in ODMAP 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 Assistance Listing, to which this document applies is 10.977,
Organic Dairy Marketing Assistance Program (ODMAP).
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.
Individuals 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 (voice and text telephone (TTY))
or dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
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:/
/
[[Page 33566]]
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.
Zach Ducheneaux,
Administrator, Farm Service Agency, and Executive Vice President,
Commodity Credit Corporation.
[FR Doc. 2023-11030 Filed 5-19-23; 4:15 pm]
BILLING CODE 3410-05-P
