This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

15358 

Vol. 87, No. 53 

Friday, March 18, 2022 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

The Department of Agriculture has 

submitted the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Comments are 

required regarding; 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; the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumptions used; ways to enhance the 

quality, utility and clarity of the 

information to be collected; and ways to 

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. 

Comments regarding this information 

collection received by April 18, 2022 

will be considered. Written comments 

and recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function. 

An agency may not conduct or 

sponsor a collection of information 

unless the collection of information 

displays a currently valid OMB control 

number and the agency informs 

potential persons who are to respond to 

the collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

Farm Service Agency 

Title: 2017 Wildfires and Hurricanes 

Indemnity Program (2017 WHIP) and 

(Florida Citrus Block Grant) and Quality 

Loss Adjustment (QLA) Program. 

OMB Control Number: 0560–0291. 

Summary of Collection: The 

Bipartisan Budget Act of 2018 (BBA, 

Pub. L. 115–123) authorized $2.36 

billion in assistance for losses to crops, 

trees, bushes, and vine losses due to 

2017 wildfires and hurricanes. The 

Farm Service Agency (FSA) is 

implementing the provisions of the BBA 

by providing up to $2 billion in 

assistance to eligible producers through 

the 2017 WHIP, and approximately $340 

million through a block grant with the 

State of Florida to address losses to 

citrus trees, and production. 

FSA is also providing the QLA 

assistance to the producers as specified 

in the Disaster Relief Act. The 

Additional Supplemental 

Appropriations for Disaster Relief Act, 

2019 (Disaster Relief Act; Pub. L. 116– 

20) also provides disaster assistance for 

necessary expenses related to losses of 

crops (including milk, on-farm stored 

commodities, crops prevented from 

planting in 2019, and harvested 

adulterated wine grapes), trees, bushes, 

and vines, as a consequence of 

hurricanes, floods, tornadoes, typhoons, 

volcanic activity, snowstorms, and 

wildfires occurring in calendar years 

2018 and 2019. 

Need and Use of the Information: In 

order for FSA to determine whether a 

producer is eligible for 2017 WHIP and 

to calculate a payment, a producer is 

required to submit FSA–890 2017, 

WHIP application; FSA–891, Crop 

Insurance and/or NAP Coverage 

Agreement; FSA–892, Request for an 

Exception to the WHIP Payment 

Limitation (if applicable); FSA–893, 

2018 Citrus Actual Production History 

and Approved Yield Record (Florida 

Only); CCC–902, Farm Operating Plan 

for Payment Eligibility; FSA–578, 

Report of Acreage; and AD–1026, Highly 

Erodible Land Conservation (HELC) and 

Wetland Conservation Certification. The 

information collected from the forms 

will be used by FSA and the State of 

Florida to determine eligibility and 

distribute payments to eligible 

producers under WHIP. 

In order to determine whether a 

producer is eligible for the QLA 

Program and to calculate a payment, a 

producer is required to submit form 

FSA–898, QLA Program application; 

form FSA–899, Historical Nutritional 

Value Weighted Average Worksheet 

(Continuation); form FSA–895, Crop 

Insurance and/or NAP Coverage 

Agreement; form FSA–578, Report of 

Acreage; required documentation of the 

producer’s loss, form CCC–902I, Farm 

Operating Plan for Individuals; form 

CCC–901, Member’s Information; form 

CCC–941, Average Adjusted Gross 

Income (AGI) Certification and Consent 

to Disclosure Tax Information; form 

CCC–942, Certification of Income from 

Farming, Ranching and Forestry 

Operations, if applicable, and form AD– 

1026, Highly Erodible Land 

Conservation (HELC) and Wetland 

Conservation Certification. Failure to 

submit the application and the 

additional forms would result in 

payments not being provided to eligible 

producers. 

Description of Respondents: 

Individuals and households. 

Number of Respondents: 236,100. 

Frequency of Responses: 

Recordkeeping; Annually. 

Total Burden Hours: 184,551. 

Dated: March 15, 2022. 

Ruth Brown, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2022–05722 Filed 3–17–22; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

[Docket ID FSA–2021–0012] 

Notice of Funds Availability; Spot 

Market Hog Pandemic Program 

(SMHPP) 

AGENCY: Farm Service Agency, USDA. 

ACTION: Notification of funding 

availability. 

SUMMARY: The Farm Service Agency 

(FSA) published a notice on December 

14, 2021, announcing the availability of 

$50 million for the Spot Market Hog 

Pandemic Program (SMHPP). This 

document clarifies hog eligibility, 

documentation requirements, and 

payment factoring. SMHPP assists 


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producers who sold hogs through a spot 

market sale from April 16, 2020, 

through September 1, 2020, the period 

during which these producers faced the 

greatest reduction in market prices due 

to the COVID–19 pandemic. SMHPP 

excludes non-adult pigs or other swine 

that were not intended for slaughter. 

SMHPP also excludes hogs sold under 

contracts that had a premium or other 

formula outside a spot market sale. The 

eligibility requirements, payment 

calculation, and application procedure 

for SMHPP are included in this notice. 

DATES:

Funding availability: Implementation 

will begin March 18, 2022. 

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: 

Revision and Clarification 

FSA published the initial notice on 

December 14, 2021 (86 FR 71003– 

71007), which announced the 

availability of $50 million for SMHPP. 

In response to stakeholder concerns and 

additional USDA analysis, USDA is 

issuing this document to clarify hog 

eligibility, documentation requirements, 

and payment factoring. Other provisions 

of the initial notice remain unchanged. 

This document provides these 

clarifications by incorporating the 

changes into the text from the prior 

notice, starting with the Background 

section below. This section explains the 

clarifications and revisions. 

Based upon review and stakeholder 

feedback, USDA is revising SMHPP 

eligibility to better target the 

effectiveness of SMHPP. As a result, this 

document revises eligible spot market 

sales to include additional negotiated 

sales, and third-party intermediary sales 

as defined in this NOFA. When the 

COVID–19 pandemic disrupted normal 

marketing channels, producers sold 

their hogs either directly or through 

third-party intermediaries to local 

processors, butchers, individuals, 

brokers, sale barns, or livestock 

aggregators. The use of third-party 

intermediaries was the only available 

marketing alternative for many 

producers when access to packers was 

not feasible due to the pandemic and 

they used these sales avenues rather 

than depopulation; therefore, these sales 

alternatives are included in SMHPP. 

The only sales directly to packers that 

are eligible remain those through a 

negotiated sale. Hogs sold through a 

contract that includes a premium of the 

spot-market price or other formula such 

as the wholesale cut-out price remain 

ineligible. This document also clarifies 

that eligible hogs: 

• Do not include immature swine 

(that is, pigs), and 

• Must be suitable and intended for 

slaughter as determined by USDA. 

FSA became aware that some 

producers were confused about the 

eligibility of sales and what information 

they needed to submit when compared 

to what they had submitted for previous 

pandemic assistance. Therefore, FSA is 

requiring that all producers provide 

verifiable or reliable documentation of 

their eligibility of sales to ensure 

SMHPP payment eligibility and to 

prevent erroneous payments. 

To ensure SMHPP funding 

availability is disbursed equitably to all 

eligible producers, FSA will issue 

payments after the application period 

ends. If calculated payments exceed the 

amount of available funding, payments 

will be factored. 

As a result of these revisions, the 

SMHPP application period has been 

extended to April 29, 2022. 

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 

implemented SMHPP, as directed by the 

Secretary, to make payments to 

producers that sold hogs through a spot 

market 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) 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. 

When the COVID–19 pandemic 

disrupted normal marketing channels, 

including access to packers, producers 

sold their hogs through cash sales to 

local processors or butchers, direct sales 

to individuals, and third-party 

intermediaries which, may include, but 

are not limited to, sale barns or brokers. 

The use of third-party intermediaries 

was the only available marketing 

alternative for many producers and they 

used these sales avenues rather than 

depopulation; therefore, these sales 

alternatives are included in SMHPP. 

Direct payments are 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. 

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. 

Hogs means adult swine of an 

appropriate size and condition for 

slaughter as evidenced by sale and 

acceptance for slaughter, if determined 

to be reasonable for the size for 

slaughter for the area from April 16, 

2020, through September 1, 2020, by the 

applicable FSA county committee. 

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 

hogs are scheduled for delivery to the 

packer not more than 14 days after the 


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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 

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. 

Pig an immature, non-adult swine 

weighing less than 120 pounds. 

Producer means a person or legal 

entity who has ownership of the hogs 

and whose production and facilities are 

located in the United States. 

Reliable record means any nonverifiable record available that can 

reasonably be used to substantiate the 

eligible hog sales and how prices were 

determined for the sale, as determined 

acceptable by the FSA county 

committee. 

Sold means the producer and the 

buyer agreed on the negotiated price 

through a spot market 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. 

Spot market sale means hogs 

marketed for slaughter to an individual 

or through a negotiated sale or through 

an intermediary who interacts with the 

buyer on behalf of the seller, which may 

include, but is not limited to, sale barns, 

brokers, or other intermediaries as 

determined by DAFP. 

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. 

Verifiable record means a document 

provided by the producer that can be 

verified by the FSA county committee 

through an independent source and can 

be used to substantiate the eligible hog 

sales and how prices were determined 

for the sale. 

Eligible Hog Sales 

Eligible hogs are hogs sold through a 

spot market sale by producers from 

April 16, 2020, through September 1, 

2020. FSA is providing assistance for 

these sales because USDA has 

determined producers that sold hogs 

through a spot market sale were affected 

by the greatest reduction in market 

prices for 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 and advertised or offered as 

ready for slaughter. 

Ineligible Hog Sales 

Ineligible hog sales include: 

(1) Any other types of sales identified 

by the AMS Livestock Mandatory 

Reporting (LMR), including: Formulas 

linked to futures or formulas based on 

the cutout based on the wholesale meat 

prices, such as other market formula 

and swine or pork market formula, 

• Packer-owned swine. 

(2) Contracts that include a premium 

above the spot market price; and 

(3) Sales of either pigs or hogs that are 

marketed for purposes other than 

slaughter, such as for breeding stock or 

to grow out. 

Eligible Producers 

An eligible producer is a person or 

legal entity who has ownership of the 

eligible hogs and whose production and 

facilities are 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 a spot market sale 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; 

and 

(3) Packers. 

Application Process 

FSA will accept applications from 

December 15, 2021, through April 29, 

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 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 


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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. 

All producers must provide 

documentation to support the accuracy 

of information provided on the 

application, including to substantiate 

the number of hogs reported on the 

application that were sold through a 

spot market sale and how the price was 

determined for the sale. The supporting 

documentation must be verifiable or 

reliable records that substantiate the 

reported number of hogs sold through a 

spot market sale and how the price was 

determined for the sale. Producers who 

apply for SMHPP after the publication 

of this document are required to submit 

supporting documentation to FSA 

within 15 days from submitting the 

FSA–940 to FSA or the application will 

be disapproved. For producers who 

applied for SMHPP prior to the 

publication of this document, FSA will 

notify producers and request supporting 

documentation to verify the sales of 

hogs sold through a spot market 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 

spot market sale from April 16, 2020, 

through September 1, 2020. To simplify 

administration of SMHPP, FSA and 

AMS have 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 

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 

producers after the application period 

ends. If calculated payments exceed the 

amount of available funding, payments 

will be factored. SMHPP is not subject 

to payment limitations. 

Provisions Requiring Refund to FSA 

In the event that any application for 

a 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 spot market 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 level 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 also 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-level or 

payment legal entity; 

• Second level of ownership: Any 

payment made to a first-level legal 

entity that is owned in whole or in part 

by another legal entity (referred to as a 

second-level legal entity) will be 

attributed to the second-level legal 

entity in proportion to the ownership of 

the second-level legal entity in the firstlevel legal entity; if the second-level 

legal entity is owned in whole or in part 

by a person, the amount of the payment 

made to the first-level legal entity will 

be attributed to the person in the 

amount that represents the indirect 

ownership in the first-level legal entity 

by the person; 

• Third and fourth levels of 

ownership: Except as provided in the 

second-level of ownership bullet above, 

any payments made to a legal entity at 

the third and fourth levels of ownership 

will be attributed in the same manner as 

specified in the second-level of 

ownership bullet above; and 

• Fourth level of ownership: If the 

fourth level of ownership is that of a 

legal entity and not that of a person, a 

reduction in payment will be applied to 

the first-level or payment legal entity in 

the amount that represents the indirect 

ownership in the first-level or payment 

legal entity by the fourth level legal 

entity. 

Payments made directly or indirectly 

to a person who is a minor child will 


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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 the applicable time 

period for eligible spot market 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. 

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 knowingly makes any untrue 

verbal or written declaration, 

certification, statement, or verification 

that the producer when applying for or 

participating in SMHPP, or both, then 

the producer is guilty of perjury (except 

as otherwise provided by law) and 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 received the OMB 

approval (control number 0560–0305) to 

cover the SMHPP information collection 

request under the emergency request. 

FSA will include the increased burden 

hours of 4,152 to cover the additional 

documentation required to support the 

completed form FSA–940 SMHPP 

application in the 3-year 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 producers that 

sold hogs through a spot market 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 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)(iv) that applies to 

individual farm participation in FSA 

programs where no ground disturbance 

or change in land use occurs as a result 

of the proposed action or participation; 

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 

Catalog of Federal Domestic Assistance, 

to which this document applies is 

10.144—Spot Market Hog Pandemic 

Program. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Notices 15363 

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-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. 

[FR Doc. 2022–05672 Filed 3–17–22; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Proposed Administrative 

Settlement Agreement and Order on 

Consent for Removal Action, 

Nacimiento Mine Site, Santa Fe 

National Forest, New Mexico 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Notice of settlement; request for 

comment. 

SUMMARY: In accordance with the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, as amended (CERCLA), 

notice is hereby given of a proposed 

Administrative Settlement Agreement 

and Order on Consent (ASAOC), 

between the United States Department 

of Agriculture Forest Service (Forest 

Service) and Williams Express LLC 

(Williams), regarding the Nacimiento 

Mine Site located on the Santa Fe 

National Forest near Cuba, New Mexico. 

The property that is the subject of this 

proposed ASAOC are areas where 

hazardous substances and/or pollutants 

or contaminants are located on the 

surface features of the federally-owned 

portion of the Site designated as 

Operable Unit 1 (OU1). 

DATES: Comments must be received in 

writing by April 18, 2022. 

ADDRESSES: The proposed settlement 

and additional background information 

relating to the settlement are available 

for public inspection at the offices of the 

United States Department of 

Agriculture, Forest Service, 

Southwestern Regional Office, 333 

Broadway SE, Albuquerque, NM 87102, 

or from Kirk M. Minckler with USDA’s 

Office of the General Counsel, email: 

kirk.minckler@usda.gov, phone: (303) 

275–5549. Comments should reference 

the Nacimiento Mine, Santa Fe National 

Forest, Sandoval County, New Mexico, 

and should be addressed to Kirk M. 

Minckler, USDA Office of the General 

Counsel, 1617 Cole Boulevard, Suite 

385E, Lakewood, Colorado 80401–3305. 

The United States’ response to any 

comments received will be available for 

public inspection at the USDA, Office of 

General Counsel, Mountain Region, 

1617 Cole Boulevard, Suite 385E, 

Lakewood, Colorado 80401, and at the 

Forest Service’s Southwestern Regional 

Office, 333 Broadway SE, Albuquerque, 

NM 87102. 

FOR FURTHER INFORMATION CONTACT:

Technical information: Steven J. 

McDonald, USDA Forest Service 

Southwestern Region, 333 Broadway SE, 

Albuquerque, NM 87102; phone: 505– 

842–3838, email: steven.mcdonald@

usda.gov. 

Legal information: Kirk M. Minckler, 

USDA Office of the General Counsel, 

1617 Cole Boulevard, Suite 385E, 

Lakewood, Colorado 80401–3305; 

phone (303) 275–5549, Fax: (303) 275– 

5557; email: kirk.minckler@usda.gov. 

Individuals who use 

telecommunications devices for the deaf 

or hard of hearing (TDD) may call the 

Federal Relay Service (FRS) at 800–877– 

8339 24 hours a day, every day of the 

year, including holidays. 

SUPPLEMENTARY INFORMATION: The 

proposed ASAOC between the Forest 

Service and Williams, in accordance 

with Section 122(i) of CERCLA, as 

amended, 42 U.S.C. 9622(i) under 

Sections 104, 107 and 122, requires 

Williams to perform a Removal Action 

necessary to implement the selected 

cleanup alternative involving mining 

waste piles and other surface features 

located on the federally owned portion 

of OU1 at the Site. The performance of 

this work must be approved and 

monitored by the Forest Service. Also, 

under the proposed ASAOC, Williams 

will reimburse the Forest Service’s 

inspections, monitoring, and 

maintenance costs related to the 

Removal Action as Future Response 

Costs. 

For thirty (30) days following the date 

of publication of this notice, the United 

States will receive written comments 

relating to the ASAOC. The United 

States will consider all comments 

received and may modify or withdraw 

its consent to the ASAOC if comments 

received disclose facts or considerations 

that indicate that the settlement is 

inappropriate, improper, or inadequate. 

Dated: March 15, 2022. 

Kerwin S. Dewberry, 

Acting Deputy Regional Forester, 

Southwestern Region. 

[FR Doc. 2022–05787 Filed 3–17–22; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF COMMERCE 

Census Bureau 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Certification of Identity (Form 

BC–300) 

AGENCY: Census Bureau, Department of 

Commerce. 

ACTION: Notice of information collection; 

request for comment. 


jspears on DSK121TN23PROD with NOTICES1