82 FR 48788 - Notice of Funds Availability (NOFA); Dairy Assistance Program for Puerto Rico (DAP-PR) in Response to 2017 Hurricanes
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation Federal Register Volume 82, Issue 202 (October 20, 2017)
Commodity Credit Corporation
Federal Register Volume 82, Issue 202 (October 20, 2017)
| Page Range | 48788-48789 | |
| FR Document | 2017-22868 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Notices] [Pages 48788-48789] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22868] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Commodity Credit Corporation Notice of Funds Availability (NOFA); Dairy Assistance Program for Puerto Rico (DAP-PR) in Response to 2017 Hurricanes AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This NOFA is in response to the devastation to dairy operations left by 2017 hurricanes in Puerto Rico. This NOFA announces the availability of an estimated $12 million to provide assistance to dairy operations in Puerto Rico for buying feed from feed dealers in Puerto Rico. Each dairy operation in Puerto Rico can apply to the Farm Service Agency (FSA) to receive a voucher to purchase a one-month supply of feed for 100 percent of the feed cost, as calculated by FSA. At the discretion of the Secretary of Agriculture, additional assistance may be provided for additional days of feed or for purchasing fuel if funds remain available, taking into consideration, among other things, the value of the feed vouchers. DAP-PR assistance will be provided to help the dairy industry in Puerto Rico with the production and marketing of dairy. DATES: Application period: October 20, 2017 through December 1, 2017. FOR FURTHER INFORMATION CONTACT: Lisa Berry, (202) 720-7641. SUPPLEMENTARY INFORMATION: Background Certain 2017 hurricanes caused widespread destruction in Puerto Rico, including to dairy operations. Dairy operations in Puerto Rico suffered intense damage in late September, 2017. Puerto Rico and its residents continue to suffer severe hardships related to the availability of electricity, fuel, and water, among other things. As a result of the 2017 hurricanes, dairy operations in Puerto Rico face the possibility of financial and other, actual losses to their dairy operation due to amount of and availability of feed for their animals and lack of electricity to run their dairy operations until recovery operations are able to stabilize conditions on Puerto Rico. There are an estimated 94,000 dairy cows, heifers, and other livestock, such as bulls necessary for a dairy operation as part of Puerto Rico's 277 dairy operations. Dairy feed and fuel are both available on Puerto Rico; however, there are various challenges to dairy operations, including actual feed surcharges and the potential for additional surcharges, increasing the cost of feed to the dairy operations, and the recent preference of vendors subsequent to the hurricanes to be paid only in cash or certified check instead of their usual policy, prior to the hurricanes, to allow dairy operations to pay for feed with credit. The Commodity Credit Corporation Charter (CCC) Act (15 U.S.C. 714c(b)) includes authority for CCC to use its general powers to make available materials and facilities required in connection with the production and marketing of agricultural commodities (other than tobacco). The procurement of feed and fuel for the dairy sector in Puerto Rico is required in connection with the production and marketing of dairy in Puerto Rico. DAP-PR is being implemented as a NOFA, as opposed to a regulation, because it is one-time assistance to help Puerto Rico dairy operations purchase feed in connection with the production and marketing of dairy. FSA has designed DAP-PR as a simplified, stream-lined method to provide assistance as quickly as possible to dairy operations in Puerto Rico given the extent of the disaster and the resulting need for feed assistance. FSA will administer DAP-PR on behalf of the Commodity Credit Corporation (CCC), using CCC funds. DAP-PR Description DAP-PR is anticipated to provide an estimated $12 million to provide vouchers to dairy operations in Puerto Rico for acquiring feed from feed dealers in Puerto Rico. Each licensed dairy operation can apply to receive a voucher to acquire one-month supply of feed for 100 percent of the feed cost, as calculated by FSA. The value of the voucher does not guarantee a given quantity of feed. The feed may last less or more than 30 days, depending upon the feeding requirements of each dairy operation and how much feed is acquired. FSA will prepare one voucher for the value of the required feed needs for each eligible dairy operation on Puerto Rico, as determined by FSA. The operation may elect to use the whole value of the voucher at one time, or may elect to use a portion of the voucher, up to 4 times, not to exceed the value of the voucher. The value of the voucher expires 45 days from the date approved by FSA. If any value remains on the voucher after it expires, that value may not be used by the dairy operation. FSA, on behalf of CCC, through the vouchers themselves, will enter into agreements with Puerto Rican feed dealers to accept the vouchers from dairy operations. FSA will reimburse the dealers for the feed acquired via the vouchers. The voucher can only be used to acquire feed from the vendors and for no other purpose, including paying down any existing debt owed by a dairy operation or individual or producer affiliated with that dairy operation to a vendor. Application and Eligible Applicants Each dairy operation in Puerto Rico is licensed by the Department of Agriculture of Puerto Rico; as a result, FSA has received certain information from the Puerto Rican Department of Agriculture about each dairy, including, the name, address, contact information, and number of head of cattle. The information was compiled as of August 2017. An application, on a form determined by FSA, will include the number of dairy head as reported to FSA by the Puerto Rican Department of Agriculture, and should only reflect the number of live, eligible dairy cows at the time of application. If the number of cattle on the application is correct, the dairy operation will certify as such on [[Page 48789]] the application. If the number of head has changed due to animal deaths or sales, the dairy operation must correct the number and certify to the change on the application. The dairy operation may apply for the Livestock Indemnity Program (LIP) If any cattle have died due to a LIP eligible cause of loss and all other LIP eligibility conditions and LIP payment limitations are met. The application period begins October 20, 2017. DAP-PR applications must be received by FSA by December 1, 2017. Approval for Vouchers The result of an approved feed application will be a one-time maximum eligible amount for feed to be acquired by the eligible dairy operation, consistent with the terms specified in this NOFA. The acquisition of the total amount of feed determined under the DAP-PR for the 30 days can be spread among up to 4 feed acquisitions under the one voucher. As the dairy operation acquires feed from the vendor(s), FSA employees will deduct the value of the feed acquired, not to exceed the calculated eligible maximum. The vouchers can only be used to acquire feedstuff for the cattle on that dairy operation to consume, acquired from the feed vendor(s) and cannot be used for any other purpose. All applications are subject to the approval by FSA on behalf of CCC; FSA will not approve ineligible applications. Voucher Calculation The maximum value of the voucher will be determined based on (1) $101 per adult cow, bull, and heifers over 2 years old times the number of head in each of those categories in the dairy operation and (2) $34 per heifers under 2 years old and young bulls and calves times the number of head in each of those categories in the dairy operation. The total will be the value of the voucher for the dairy operation. Additional Assistance If funds remain available under the DAP-PR, and if the Secretary of Agriculture determines that additional assistance can be provided, the acquisition of feed supply for days greater than a one-month supply may be made available under DAP-PR. In addition, at the sole discretion of the Secretary of Agriculture, DAP-PR may be made available for the purchase of fuel for generators. Provisions Requiring Refund to FSA In the event that any application for a DAP-PR voucher resulted from erroneous information or a miscalculation, the amount will be recalculated and the participant must refund any excess 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 number of cows, or if the DAP-PR voucher would exceed the participant's voucher based upon the correct number of cows, the application will be disapproved and the full DAP-PR voucher for that dairy and participant will be required to be refunded to FSA with interest from date of disbursement. The liability of anyone for any penalty or sanction resulting from a DAP-PR application, or for any refund to FSA or related charge 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. Paperwork Reduction Act Requirements In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), OMB approved an emergency information collection request on DAP-PR so FSA can begin the application period upon publication of this NOFA. Environmental Review Because this is a one-time provision of commodities and the impacts of DAP-PR occur outside of any impacts resulting from the existing dairy operations (consistent with 7 CFR 799.31(b)(6)(iii)), there are no measureable individual or cumulative impacts to the human environment, as defined by the National Environmental Policy Act and, as such, no Environmental Assessment nor Environmental Impact Statement will be prepared. Consistent with the emergency nature of this action, this NOFA serves as documentation of the programmatic environmental compliance for this federal action. Steven J. Peterson, Acting Administrator, Farm Service Agency, and Executive Vice President, Commodity Credit Corporation. [FR Doc. 2017-22868 Filed 10-19-17; 8:45 am] BILLING CODE 3410-05-P
![48788 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
Act declaration requirement and clear available, taking into consideration, operations in Puerto Rico given the
under the BRASS program are advised among other things, the value of the extent of the disaster and the resulting
to file the required declaration feed vouchers. DAP–PR assistance will need for feed assistance.
information along with their CBP entry be provided to help the dairy industry FSA will administer DAP–PR on
summary documentation. in Puerto Rico with the production and behalf of the Commodity Credit
marketing of dairy. Corporation (CCC), using CCC funds.
Additional Information
DATES: Application period: October 20, DAP–PR Description
APHIS will continue to provide the 2017 through December 1, 2017.
latest information regarding the Lacey DAP–PR is anticipated to provide an
FOR FURTHER INFORMATION CONTACT: Lisa estimated $12 million to provide
Act on our Web site, http:// Berry, (202) 720–7641.
www.aphis.usda.gov/plant_health/ vouchers to dairy operations in Puerto
SUPPLEMENTARY INFORMATION: Rico for acquiring feed from feed dealers
lacey_act/. The Web site currently
contains the full text of the Lacey Act, Background in Puerto Rico. Each licensed dairy
as amended; a slideshow covering operation can apply to receive a voucher
Certain 2017 hurricanes caused to acquire one-month supply of feed for
background and context, requirements, widespread destruction in Puerto Rico,
commodities and products covered, 100 percent of the feed cost, as
including to dairy operations. Dairy calculated by FSA. The value of the
information on prohibitions, the current operations in Puerto Rico suffered
status of implementation of the voucher does not guarantee a given
intense damage in late September, 2017. quantity of feed. The feed may last less
declaration requirement of the Lacey Puerto Rico and its residents continue to
Act, and frequently asked questions. or more than 30 days, depending upon
suffer severe hardships related to the the feeding requirements of each dairy
The Web site will be updated as new availability of electricity, fuel, and
materials become available. We operation and how much feed is
water, among other things. As a result acquired.
encourage persons interested in of the 2017 hurricanes, dairy operations
receiving timely updates on APHIS’ FSA will prepare one voucher for the
in Puerto Rico face the possibility of value of the required feed needs for each
Lacey Act efforts to register for our financial and other, actual losses to their
stakeholder registry at https:// eligible dairy operation on Puerto Rico,
dairy operation due to amount of and as determined by FSA. The operation
public.govdelivery.com/accounts/ availability of feed for their animals and
USDAAPHIS/subscriber/new/ and select may elect to use the whole value of the
lack of electricity to run their dairy voucher at one time, or may elect to use
‘‘Lacey Act Declaration’’ as a topic of operations until recovery operations are
interest. a portion of the voucher, up to 4 times,
able to stabilize conditions on Puerto not to exceed the value of the voucher.
Done in Washington, DC, this 16th day of Rico. There are an estimated 94,000 The value of the voucher expires 45
October 2017. dairy cows, heifers, and other livestock, days from the date approved by FSA. If
Michael C. Gregoire, such as bulls necessary for a dairy any value remains on the voucher after
Acting Administrator, Animal and Plant operation as part of Puerto Rico’s 277 it expires, that value may not be used
Health Inspection Service. dairy operations. Dairy feed and fuel are by the dairy operation.
[FR Doc. 2017–22800 Filed 10–19–17; 8:45 am] both available on Puerto Rico; however, FSA, on behalf of CCC, through the
BILLING CODE 3410–34–P there are various challenges to dairy vouchers themselves, will enter into
operations, including actual feed agreements with Puerto Rican feed
surcharges and the potential for dealers to accept the vouchers from
DEPARTMENT OF AGRICULTURE additional surcharges, increasing the dairy operations. FSA will reimburse
cost of feed to the dairy operations, and the dealers for the feed acquired via the
Commodity Credit Corporation the recent preference of vendors vouchers. The voucher can only be used
subsequent to the hurricanes to be paid to acquire feed from the vendors and for
Notice of Funds Availability (NOFA);
only in cash or certified check instead no other purpose, including paying
Dairy Assistance Program for Puerto
of their usual policy, prior to the down any existing debt owed by a dairy
Rico (DAP–PR) in Response to 2017
hurricanes, to allow dairy operations to operation or individual or producer
Hurricanes
pay for feed with credit. affiliated with that dairy operation to a
AGENCY: Commodity Credit Corporation The Commodity Credit Corporation vendor.
and Farm Service Agency, USDA. Charter (CCC) Act (15 U.S.C. 714c(b))
includes authority for CCC to use its Application and Eligible Applicants
ACTION: Notice.
general powers to make available Each dairy operation in Puerto Rico is
SUMMARY: This NOFA is in response to materials and facilities required in licensed by the Department of
the devastation to dairy operations left connection with the production and Agriculture of Puerto Rico; as a result,
by 2017 hurricanes in Puerto Rico. This marketing of agricultural commodities FSA has received certain information
NOFA announces the availability of an (other than tobacco). The procurement from the Puerto Rican Department of
estimated $12 million to provide of feed and fuel for the dairy sector in Agriculture about each dairy, including,
assistance to dairy operations in Puerto Puerto Rico is required in connection the name, address, contact information,
Rico for buying feed from feed dealers with the production and marketing of and number of head of cattle. The
in Puerto Rico. Each dairy operation in dairy in Puerto Rico. information was compiled as of August
Puerto Rico can apply to the Farm DAP–PR is being implemented as a 2017. An application, on a form
Service Agency (FSA) to receive a NOFA, as opposed to a regulation, determined by FSA, will include the
srobinson on DSKBC5CHB2PROD with NOTICES
voucher to purchase a one-month because it is one-time assistance to help number of dairy head as reported to
supply of feed for 100 percent of the Puerto Rico dairy operations purchase FSA by the Puerto Rican Department of
feed cost, as calculated by FSA. At the feed in connection with the production Agriculture, and should only reflect the
discretion of the Secretary of and marketing of dairy. FSA has number of live, eligible dairy cows at
Agriculture, additional assistance may designed DAP–PR as a simplified, the time of application. If the number of
be provided for additional days of feed stream-lined method to provide cattle on the application is correct, the
or for purchasing fuel if funds remain assistance as quickly as possible to dairy dairy operation will certify as such on
VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/82_FR_48990/page/1.svg)
![Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48789
the application. If the number of head recalculated and the participant must DEPARTMENT OF COMMERCE
has changed due to animal deaths or refund any excess to FSA with interest
sales, the dairy operation must correct to be calculated from the date of the Census Bureau
the number and certify to the change on disbursement to the participant. If for
the application. The dairy operation Proposed Information Collection;
whatever reason FSA determines that
may apply for the Livestock Indemnity Comment Request; Manufacturers’
the applicant misrepresented either the Shipments, Inventories, and Orders
Program (LIP) If any cattle have died number of cows, or if the DAP–PR
due to a LIP eligible cause of loss and (M3) Survey
voucher would exceed the participant’s
all other LIP eligibility conditions and voucher based upon the correct number AGENCY: U.S. Census Bureau,
LIP payment limitations are met. The of cows, the application will be Commerce.
application period begins October 20, disapproved and the full DAP–PR ACTION: Notice.
2017. DAP–PR applications must be voucher for that dairy and participant
received by FSA by December 1, 2017. SUMMARY: The Department of
will be required to be refunded to FSA Commerce, as part of its continuing
Approval for Vouchers with interest from date of disbursement. effort to reduce paperwork and
The result of an approved feed The liability of anyone for any penalty respondent burden, invites the general
application will be a one-time or sanction resulting from a DAP–PR public and other Federal agencies to
maximum eligible amount for feed to be application, or for any refund to FSA or take this opportunity to comment on
acquired by the eligible dairy operation, related charge is in addition to any other proposed and/or continuing information
consistent with the terms specified in liability of such person under any civil collections, as required by the
this NOFA. The acquisition of the total or criminal fraud statute or any other Paperwork Reduction Act of 1995.
amount of feed determined under the provision of law including, but not DATES: To ensure consideration, written
DAP–PR for the 30 days can be spread limited to: 18 U.S.C. 286, 287, 371, 641, comments must be submitted on or
among up to 4 feed acquisitions under 651, 1001, and 1014; 15 U.S.C. 714; and before December 19, 2017.
the one voucher. As the dairy operation 31 U.S.C. 3729. ADDRESSES: Direct all written comments
acquires feed from the vendor(s), FSA to Jennifer Jessup, Departmental
employees will deduct the value of the Paperwork Reduction Act Paperwork Clearance Officer,
feed acquired, not to exceed the Requirements Department of Commerce, Room 6616,
calculated eligible maximum. The 14th and Constitution Avenue NW.,
vouchers can only be used to acquire In accordance with the Paperwork
Washington, DC 20230 (or via the
feedstuff for the cattle on that dairy Reduction Act of 1995 (44 U.S.C.
Internet at PRAcomments@doc.gov).
operation to consume, acquired from the chapter 35), OMB approved an
FOR FURTHER INFORMATION CONTACT:
feed vendor(s) and cannot be used for emergency information collection
Requests for additional information or
any other purpose. All applications are request on DAP–PR so FSA can begin
copies of the information collection
subject to the approval by FSA on behalf the application period upon publication instrument(s) and instructions should
of CCC; FSA will not approve ineligible of this NOFA. be directed to Mary Catherine Potter,
applications. U.S. Census Bureau, Economic
Environmental Review
Voucher Calculation Indicators Division, 4600 Silver Hill
Because this is a one-time provision Rd., Room 7K157, Washington, DC
The maximum value of the voucher
of commodities and the impacts of 20233–6913, (301) 763–4207 or via the
will be determined based on (1) $101
per adult cow, bull, and heifers over 2 DAP–PR occur outside of any impacts Internet at mary.catherine.potter@
years old times the number of head in resulting from the existing dairy census.gov.
each of those categories in the dairy operations (consistent with 7 CFR SUPPLEMENTARY INFORMATION:
operation and (2) $34 per heifers under 799.31(b)(6)(iii)), there are no
measureable individual or cumulative I. Abstract
2 years old and young bulls and calves
times the number of head in each of impacts to the human environment, as The U.S. Census Bureau plans to
those categories in the dairy operation. defined by the National Environmental request an extension of the current
The total will be the value of the Policy Act and, as such, no Office of Management and Budget
voucher for the dairy operation. Environmental Assessment nor (OMB) clearance of the Manufacturers’
Environmental Impact Statement will be Shipments, Inventories and Orders (M3)
Additional Assistance survey. The M3 survey requests data
prepared. Consistent with the
If funds remain available under the emergency nature of this action, this monthly from domestic manufacturers
DAP–PR, and if the Secretary of NOFA serves as documentation of the on form M–3 (SD). Data requested are
Agriculture determines that additional programmatic environmental shipments, new orders, unfilled orders,
assistance can be provided, the total inventory, materials and supplies,
compliance for this federal action.
acquisition of feed supply for days work-in-process, and finished goods.
greater than a one-month supply may be Steven J. Peterson, The M3 survey is designed to measure
made available under DAP–PR. In Acting Administrator, Farm Service Agency, current industrial activity and to
addition, at the sole discretion of the and Executive Vice President, Commodity provide an indication of future
Secretary of Agriculture, DAP–PR may Credit Corporation. production commitments. The value of
shipments measures the value of goods
srobinson on DSKBC5CHB2PROD with NOTICES
be made available for the purchase of [FR Doc. 2017–22868 Filed 10–19–17; 8:45 am]
fuel for generators. BILLING CODE 3410–05–P
delivered during the month by domestic
manufacturers. Estimates of new orders
Provisions Requiring Refund to FSA serve as an indicator of future
In the event that any application for production commitments and represent
a DAP–PR voucher resulted from the current sales value of new orders
erroneous information or a received during the month, net of
miscalculation, the amount will be cancellations. Substantial accumulation
VerDate Sep<11>2014 16:22 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/82_FR_48990/page/2.svg)
Document Created: 2017-10-20 00:05:52
Document Modified: 2017-10-20 00:05:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Application period: October 20, 2017 through December 1, 2017. | |
| Contact | Lisa Berry, (202) 720-7641. | |
| FR Citation | 82 FR 48788 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR