This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

65423 

Vol. 75, No. 205 

Monday, October 25, 2010 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 760 

RIN 0560–AI11 

Crop Assistance Program 

AGENCY: Farm Service Agency, USDA. 

ACTION: Interim rule. 

SUMMARY: The Crop Assistance Program 

(CAP) will provide emergency 

assistance to reestablish the purchasing 

power of eligible producers of rice, 

cotton, soybeans, and sweet potatoes in 

specified counties for which a 

Secretarial disaster designation was 

issued based on excessive moisture and 

related conditions for the 2009 crop 

year. This rule specifies the eligibility 

requirements, payment calculations, 

and application procedures for CAP. 

CAP will provide up to $550 million to 

eligible producers. This rule also 

proposes a new information collection 

for the payment application. 

DATES: Effective date: October 22, 2010. 

Comment date: We will consider 

comments that we receive by November 

24, 2010. 

Application Deadline: We will 

consider applications that we receive by 

December 9, 2010. 

ADDRESSES: We invite you to submit 

comments on this interim rule. In your 

comment, please specify RIN 0560–AI11 

and include the volume, date, and page 

number of this issue of the Federal 

Register. You may submit written 

comments by any of the following 

methods: 

• E-mail: 

capcomments@wdc.usda.gov. 

• Fax: (202) 690–2130. 

• Mail: Director, Production, 

Emergencies, and Compliance Division, 

FSA, U.S. Department of Agriculture 

(USDA), Mail Stop 0517, Rm. 4750–S, 

1400 Independence Ave., SW., 

Washington, DC 20250–0517. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

• Federal Rulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

All written comments will be 

available for public inspection at the 

above address during business hours 

from 8 a.m. to 5 p.m., Monday through 

Friday. A copy of this rule is available 

through the FSA home page at http:// 

www.fsa.usda.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Steve Peterson, Chief, Disaster 

Assistance Branch, FSA, USDA, Mail 

Stop 00517, 1400 Independence Ave., 

SW., Washington, DC 20250–0517; 

telephone: (202) 720–7641; fax: (202) 

690–2130; e-mail: 

steve.peterson@wdc.usda.gov. Persons 

with disabilities who require alternative 

means for communications (Braille, 

large print, audio tape, etc.) should 

contact the USDA Target Center at (202) 

720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

Due to the nature and severity of 

disasters resulting from excessive 

moisture and related conditions in 2009, 

the Secretary of Agriculture determined 

that producers of rice, upland cotton, 

soybeans, and sweet potatoes would be 

provided limited financial assistance 

under the authority of clause 3 of 

section 32 of the Agricultural 

Adjustment Act of 1935 (Pub. L. 74–320, 

7 U.S.C. 612c, as amended, referred to 

as ‘‘section 32’’) due to losses that 

growers of those crops suffered. That 

clause of Section 32 provides authority 

for the Secretary of Agriculture to use 

funds to ‘‘reestablish farmers’ 

purchasing power by making payments 

in connection with the normal 

production of any agricultural 

commodity for domestic consumption.’’ 

FSA has used this authority in the past 

to provide assistance to producers 

whose purchasing power was negatively 

impacted by unusual market conditions. 

Through CAP, FSA will use up to $550 

million in section 32 funds to help 

reestablish the purchasing power of 

eligible producers of rice, upland 

cotton, soybeans, and sweet potatoes. 

CAP is a limited one-time program to 

reestablish producer purchasing power 

that was diminished by 2009 crop year 

losses. The CAP payment is intended to 

address reestablishing producer 

purchasing power, not to reimburse 

producers for specific losses. 

To expedite implementation of CAP, 

to simplify producer application for 

CAP payments, and to timely distribute 

CAP payments to eligible producers, 

FSA has already identified the relevant 

disaster counties, has producer acreage 

and ownership shares on file, and has 

determined the payment rate for each 

crop. Each of these items is explained in 

this interim rule. 

For CAP, FSA identified the 953 

counties in the following 34 States that 

received Secretarial disaster 

designations due to excessive moisture 

and related conditions in 2009: 

Alabama, Arkansas, Connecticut, 

Delaware, Florida, Georgia, Illinois, 

Indiana, Iowa, Kansas, Louisiana, 

Maine, Maryland, Massachusetts, 

Michigan, Minnesota, Mississippi, 

Missouri, Montana, Nebraska, New 

Hampshire, New Jersey, New Mexico, 

New York, North Carolina, North 

Dakota, Ohio, Oklahoma, Rhode Island, 

South Dakota, Tennessee, Texas, 

Wisconsin, and Wyoming. The 

following map shows the counties; a list 

of the counties is available on the FSA 

Web site and at FSA county offices. 

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BILLING CODE 3410–05–C 


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1For more information about the development of 

the payment rates, see the Cost Benefit Analysis for 

this rule, which is available upon request (see FOR

FURTHER INFORMATION CONTACT above). 

Producer Eligibility Requirements 

There are several requirements for 

producers to be eligible for CAP 

payments. Producers must meet all of 

the following requirements to be eligible 

for a CAP payment: 

(1) The producer must have on file an 

existing 2009 crop year form FSA–578, 

‘‘Report of Acreage,’’ as planted or 

considered planted, and that acreage 

report must have been on file with FSA 

prior to the publication of this interim 

rule; 

(2) The producer’s 2009 form FSA– 

578, Report of Acreage, must specify the 

producer’s ownership share of a 2009 

crop of upland cotton, long grain rice, 

medium or short grain rice, soybeans, or 

sweet potatoes, and the amount of acres 

of those crops planted or considered 

planted; 

(3) The producer’s eligible crop 

acreage must be located in a primary 

county for which a Secretarial disaster 

designation was issued based on 

excessive moisture and related 

conditions for the 2009 crop year; 

(4) The producer must have had a five 

percent or greater loss in crop quality or 

quantity of the 2009 crop of upland 

cotton, long grain rice, medium or short 

grain rice, soybeans, or sweet potatoes, 

for which the producer applies for a 

CAP payment; the loss must be due to 

a disaster, as defined in this rule, and 

the five percent loss is a minimum 

threshold for CAP eligibility; greater 

losses do not qualify producers for a 

larger payment; and 

(5) The producer must apply for a 

CAP payment by December 9, 2010 

certifying that the loss which was due 

to disaster in 2009 was greater than or 

equal to the five percent threshold; the 

loss threshold must be met for each crop 

for which the producer requests a CAP 

payment. 

The identified disaster counties are 

primary disaster counties only; crop 

acreage in contiguous counties that are 

not declared disaster counties is not 

eligible for CAP. 

Five Percent Loss Threshold Required 

for Payment Eligibility 

To be eligible for payment, a producer 

must have had a loss of five percent or 

greater on a farm in the eligible disaster 

county in quality or quantity as 

compared to historic or expected 

production for that farm to the crop of 

upland cotton, long grain rice, medium 

or short grain rice, soybeans, or sweet 

potatoes planted or considered planted 

in 2009 for which the producer is 

applying for a CAP payment. 

The five percent loss threshold is a 

per producer per crop on a farm 

minimum threshold for 2009; it is not 

just a per farm threshold. The 

individual producer’s share of the crop 

on the farm must have suffered the loss, 

independent of what other producers of 

the crop on that farm may have 

produced or their loss. The producer 

will need to calculate quantity losses 

based on historical or expected 

production of the crop. The producer 

will need to certify that the loss was at 

least five percent and will need to 

maintain verifiable and reliable 

documentation to justify the 

certification. 

For example, if a producer has a share 

in a farm with 2009 cotton and rice 

crops, but only suffered a five percent 

or greater loss for the rice crop, that 

producer can be eligible for a payment 

on the rice crop, but not the cotton crop. 

Similarly, if a farm had both cotton and 

corn crops in 2009, only a cotton crop 

loss can meet the eligibility requirement 

for a CAP payment, regardless of what, 

if any, losses there were for the corn or 

the farm as a whole because corn is not 

an eligible commodity under CAP. 

The determination by a producer that 

a crop suffered a five percent or greater 

loss is based on the producer’s selfcertification. Producers must be able to 

document, if requested by FSA, how 

they determined that the five percent 

loss threshold was met. For quantity 

losses, the calculation must use historic 

yield and expected production as 

defined in this rule. FSA will provide 

county average yield data on request. At 

time of application, a producer will not 

be required to submit documentation of 

production, expected production, 

quality, or loss. However, a producer 

who applies for CAP will be required to 

retain documentation in support of their 

application for 3 years after the date of 

application. If documentation is not 

submitted when required by FSA or if 

documentation cannot demonstrate that 

the minimum loss was suffered as 

claimed for a crop and farm, the 

producer will be required to refund the 

payment to FSA. 

Crop Acreage and Ownership Share; 

Acreage Report Information 

The amount of acreage for each crop 

that will be used to determine the 

amount of the CAP payment (payment 

acres) and the producer’s ownership 

share of the crop will be the amount 

previously reported to FSA by the 

producer for the 2009 crop year form 

FSA–578, Report of Acreage, that is on 

file in FSA as of October 22, 2010. 

For the purposes of CAP, a producer 

cannot revise a crop acreage report for 

the 2009 crop year (such reports are 

filed using form FSA–578, Report of 

Acreage) after submitting the CAP 

application to increase the payment or 

to create an eligibility. If a producer 

needs to amend or correct the 2009 

FSA–578 for other programs, they may 

be able to do so, subject to the rules 

pertaining to those programs. However, 

no amended 2009 FSA–578 that 

includes increased crop acreage on a 

farm will be considered in calculating 

CAP payments. 

Payment Calculation 

CAP payments will be calculated by 

multiplying the total number of acres of 

the crop planted or considered planted 

on the farm by that crop’s per-acre 

payment rate. FSA determined the rates 

based on average per-acre revenue 

losses on the 2009 crop due to moisturerelated disasters. The payment rate, 

which is based on USDA data of average 

per acre 2009 crop losses and limited by 

available funding, cannot be greater 

than actual losses for producers.1 The 

payment rates are as follows: 

Crop 

Per acre 

payment 

rate 

Long grain rice .......................... $31.93 

Medium or short grain rice ....... 52.46 

Upland cotton ........................... 17.70 

Soybeans .................................. 15.62 

Sweet potatoes ......................... 155.41 

The CAP payment will be based on 

the producer’s share of the reported or 

determined planted or considered 

planted acres of the crop times the per 

acre payment rate for the crop. If there 

is more than one eligible producer on a 

farm that shared in the crop, each 

producer may apply for a payment 

based on their share in the crop. 

For example, Producer A has a 100 

percent share interest of 2009 upland 

cotton and sweet potatoes. Producer A 

planted 1,000 acres of 2009 crop upland 

cotton and certifies a production loss of 

over five percent due to disaster. 

Upland cotton’s payment rate is $17.70 

per acre. Producer A also planted 100 

acres of sweet potatoes and certifies a 

production loss of over five percent of 

the crop due to a disaster. The sweet 

potato payment rate is $155.41 per acre. 

The payment calculation would be as 

follows: 1,000 acres (upland cotton 

planted) times $17.70 (payment rate for 

upland cotton) = $17,700 CAP payment 

for upland cotton. For sweet potato, 100 

acres (sweet potatoes planted) times 

$155.41 (payment rate for sweet 

potatoes) = $15,541 CAP payment for 

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sweet potatoes. The producer would 

receive the sum of those two payments, 

or $17,700 + $15,541 = $33,241, subject 

to payment limitations and other 

restrictions in the regulation. 

Disaster Counties 

To be eligible for CAP, a producer 

must have had a loss on a farm in a 

disaster county that was declared a 

disaster because of excess moisture or a 

related condition as specified in the 

regulation. To identify the disaster 

counties for CAP, FSA identified those 

counties that had a Secretarial disaster 

designation based on flood, flash 

flooding, excessive rain, moisture, 

humidity, severe storms, thunderstorms, 

ground saturation or standing water, 

hail, winter storms, ice storms, snow, 

blizzard, hurricane, typhoons, tropical 

storms, or cold wet weather. 

Additional Eligibility Considerations 

Only a producer who has an 

ownership share and risk of loss in the 

crop will qualify for CAP. Any verbal or 

written agreement that precludes a 

producer from having an ownership 

share disqualifies the producer for CAP, 

regardless of whether the producer is 

listed on a form FSA–578, Report of 

Acreage, or any other program 

document, as having a share of the crop. 

For example, a contract grower would 

be ineligible. 

A person ineligible for 2009 crop year 

benefits because of fraud or any other 

program violation in any other FSA or 

Commodity Credit Corporation (CCC) 

program is ineligible for CAP to the 

extent otherwise provided in law. 

There is no requirement to have crop 

insurance coverage or coverage under 

the Noninsured Crop Disaster 

Assistance Program (NAP) in order to be 

eligible for CAP. Producers who 

received NAP payments for a loss of a 

2009 crop of long grain rice, medium or 

short grain rice, upland cotton, 

soybeans, or sweet potatoes are eligible 

for CAP benefits, subject to meeting all 

other eligibility requirements for CAP; 

the multiple benefit exclusion 

provisions of 7 CFR 1437.13 do not 

apply. Producers can receive NAP 

payments and CAP payments for the 

same 2009 crop. NAP payments are for 

specific crop losses, whereas CAP 

payments are to help reestablish 

farmers’ purchasing power. Therefore, 

CAP payments are not duplicate 

payments. 

Payment Limitations and Other General 

Requirements 

General eligibility requirements that 

apply to other FSA and CCC programs 

also apply to CAP. Specifically, 

recordkeeping requirements and 

compliance with Highly Erodible Land 

Conservation and Wetland Conservation 

provisions in this rule are similar to 

those for previous ad hoc crop disaster 

programs. Records documenting 2009 

losses must be kept for 3 years after the 

application is filed. CAP applicants 

must have been in compliance with the 

provisions of 7 CFR part 12, ‘‘Highly 

Erodible Land and Wetland 

Conservation,’’ during the 2009 crop 

year. Those regulations provide for a 

denial of benefits for failing to comply 

with general requirements regarding the 

handling of highly erodible cropland 

and wetlands. 

CAP payments will be treated as 2009 

revenue under the Supplemental 

Revenue Assistance Payments (SURE) 

Program, which is specified in 7 CFR 

part 760, subpart G. 

The payment limits and adjusted 

gross income (AGI) limits that apply to 

other CCC and FSA programs apply to 

CAP. Specifically, no person or legal 

entity (excluding a joint venture or 

general partnership), as defined and 

determined by the regulations in 7 CFR 

part 1400 may receive, directly or 

indirectly, more than $100,000 in CAP 

benefits. For the payment limit, both 

indirect and direct benefits are counted 

by attribution; the total amount of 

payments are attributed to a person by 

taking into account the direct and 

indirect ownership interests of the 

person in a legal entity that is eligible 

to receive payments. In the case of a 

legal entity, the same payment is 

attributed to the direct payee in the full 

amount and to those that have an 

indirect interest to the amount of that 

indirect interest. This is the same way 

attribution is done for other FSA and 

CCC programs. 

Payment and average adjusted gross 

income (AGI) limits will be determined 

as using the standards of 7 CFR part 

1400 in the same manner as for CCC 

programs governed by that part. In 

applying the limitation on AGI for 2009, 

a person or legal entity with an average 

adjusted gross nonfarm income, as 

defined in 7 CFR 1400.3, that exceeds 

$500,000 for the 3 taxable years 

preceding 2008 (2005–2007) will not be 

eligible to receive CAP payments. 

Likewise, if a person with an indirect 

interest in a legal entity has an average 

nonfarm AGI over $500,000, then the 

payment to the legal entity will be 

commensurately reduced based on the 

interest of that person in the legal entity 

receiving the payment. 

The regulations in 7 CFR 1400.105 

specify how payments will be 

attributed. Attribution will be tracked 

through four levels of ownership in 

legal entities. In addition, the 2008 Farm 

Bill imposed limitations on payments to 

foreign persons; FSA adopted those 

limits for CAP as specified in this rule. 

The regulations in 7 CFR part 760 

subpart B that provide general 

provisions for other recent FSA disaster 

assistance programs also apply for CAP. 

Application Process 

This rule announces a 45-day period 

for submitting CAP applications, 

beginning the day this rule is published 

in the Federal Register. Specifically, the 

application deadline is December 9, 

2010. This deadline allows sufficient 

time for FSA to include CAP payments 

in 2009 SURE payment calculations. 

During the application period, 

producers may apply in person at FSA 

county offices during regular business 

hours. Applications may also be 

submitted to FSA by mail or fax. CAP 

application forms may be obtained in 

person, by mail, telephone, and fax from 

any FSA county office or via the 

Internet at http://www.sc.egov.usda.gov. 

If there is more than one producer on a 

farm, only the producers on a farm who 

sign the application will be eligible to 

receive payment. Producers may receive 

payment from shares of eligible crops on 

multiple farms if they sign an 

application for each farm, subject to the 

$100,000 payment limit that is per 

person or legal entity, not per farm or 

per crop. 

An application must include the 

specific application form for CAP, FSA– 

860, and the following forms, which for 

most producers will already be on file 

at the FSA county office: 

(1) CCC–902, Farm Operating Plan for 

Individual or Legal Entity; 

(2) CCC–926, Average Adjusted Gross 

Income Statement for 2009; 

(3) AD–1026, Highly Erodible Land 

Conservation (HELC) and Wetland 

Conservation Certification; and 

(4) FSA–578, Report of Acreage, for 

2009, which must already be on file at 

the FSA county office. 

See the Paperwork Reduction Act 

section below for more information 

about the application. 

Any application received by FSA after 

December 9, 2010 will be ineligible for 

payment. 

Information provided on applications 

and supporting documentation will be 

subject to verification by FSA; however, 

FSA is under no obligation to perform 

spot checks within any specific time 

frame and applicants are responsible for 

producing documents substantiating 

their application when requested by 

FSA. 

In the event that FSA finds that a 

payment was issued based on inaccurate 

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information on a certification submitted 

by a producer, FSA will require a refund 

of that payment. Producers determined 

to have made any false certifications or 

adopted any misrepresentation, scheme, 

or device that defeats the program’s 

purpose will be required to refund any 

payments issued through the CAP, 

including interest on such payments, 

and may be subject to other civil, 

criminal, or administrative remedies. 

Each producer on the farm applies 

separately for their own CAP payment. 

Notice and Comment 

Because this rule involves 

discretionary disaster relief and 

authorities it was determined that under 

these circumstances it would be 

contrary to the public interest to 

withhold relief for prior public 

comment. The Administrative 

Procedures Act (5 U.S.C. 553) provides 

generally that before rules are issued by 

Government agencies, the rule must be 

published in the Federal Register, and 

interested persons must be given an 

opportunity to participate in the 

rulemaking through submission of data, 

views, or arguments. The law exempts 

from this requirement rules, such as this 

one, relating to public property, loans, 

grants, benefits, and contracts. However, 

the Secretary of Agriculture published 

in the Federal Register on July 24, 1971 

(36 FR 13804), a Statement of Policy 

that USDA would publish a notice of 

proposed rulemaking for such rules. 

USDA is committed to providing the 

public reasonable opportunity to 

participate in rulemaking, and is 

therefore providing the public 30 days 

to comment on the provisions of this 

interim rule. 

Executive Order 12866 

The Office of Management and Budget 

(OMB) designated this interim rule as 

economically significant under 

Executive Order 12866, and, therefore 

OMB reviewed this rule. A cost-benefit 

analysis of this rule is summarized 

below and is available from the contact 

listed above. 

Cost Benefit Analysis Summary 

The Crop Assistance Program is 

intended to reestablish purchasing 

power to producers of 2009 crop of rice, 

upland cotton, soybeans, or sweet 

potatoes who grew those crops in 

specified counties for which a 

Secretarial disaster designation was 

issued based on excessive moisture and 

related conditions for the 2009 crop 

year. Payments will be calculated based 

on acreage reported for 2009 crops. The 

per acre rate payment was set by FSA 

based on each crop’s national average 

revenue per harvested acre in 2009; the 

payment rate was determined by 

dividing each crop’s total value of 

production (revenue) by the amount of 

production, and then multiplying the 

product by 3.7 percent. National 

Agricultural Statistics Service (NASS) 

data was used for the amount of 

production and World Agricultural 

Supply and Demand Estimates 

(WASDE) data was used for price 

(value) of production. In summary, 

producers will be paid based on their 

reported 2009 acreage for each crop, 

multiplied by a payment rate that 

represents 3.7 percent of average 

revenue per acre. 

The total cost to the government, and 

the corresponding benefit to producers, 

for CAP will be between $137 million 

and $543 million, depending upon how 

many producers in disaster counties 

apply for payment. The low end of the 

range was estimated using NASS data of 

actual yield losses in 2009 as compared 

to 2004 through 2008 yields; it 

represents the cost if only producers in 

counties with five percent or greater 

yield losses apply. (Yield data was not 

available for sweet potatoes; the average 

loss of similar crops was used as an 

estimate). The high end of the range is 

estimated using total acres of eligible 

crops in primary disaster counties in 

2009; it represents the costs and benefits 

if all producers in disaster counties with 

eligible crops apply for payment. 

CAP payments will be considered 

revenue for the purpose of calculating 

payments for the SURE program. CAP 

payments are estimated to decrease total 

2009 SURE payments by $50 million to 

$107 million, depending on how many 

producers who apply for CAP also had 

sufficient losses (and met other 

requirements) to qualify for 2009 SURE 

program payments. 

Regulatory Flexibility Act 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this interim rule because 

CCC is not required by 5 U.S.C. 553 or 

any other provision of law to publish a 

notice of proposed rulemaking for this 

rule. As noted above in the Notice and 

Comment section, CCC is using the good 

cause justification of the Administrative 

Procedures Act to issue an interim rule 

effective on publication with an 

opportunity for comment. 

Environmental Review 

The environmental impacts of this 

rule 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 FSA regulations for 

compliance with NEPA (7 CFR part 

799). CAP solely provides financial 

assistance to reestablish purchasing 

power to eligible producers who 

suffered an eligible loss during the 2009 

crop year for specific commodities. 

Therefore, FSA has determined that no 

environmental assessment or 

environmental impact statement will be 

prepared consistent with 7 CFR 

799.10(b)(2)(x). 

Executive Order 12372 

This program is not subject to 

Executive Order 12372, which requires 

consultation with State and local 

officials. See the notice related to 7 CFR 

part 3015, subpart V, published in the 

Federal Register on June 24, 1983 (48 

FR 29115). 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988. The provisions 

of this proposed rule will not have 

preemptive effect with respect to any 

State or local laws, regulations, or 

policies that conflict with such 

provision or which otherwise impede 

their full implementation. The rule will 

not have retroactive effect. Before any 

judicial action may be brought regarding 

this rule, all administrative remedies 

must be exhausted. 

Executive Order 13132 

The policies contained in this rule 

will not have any substantial direct 

effect on States, the relationship 

between the Federal Government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. Nor would this 

proposed rule impose substantial direct 

compliance costs on State and local 

governments. Therefore, consultation 

with the States is not required. 

Executive Order 13175 

The policies contained in this rule do 

not have tribal implications that 

preempt tribal law. FSA provided the 

opportunity for government-togovernment consultation with Tribal 

governments on CAP prior to the 

publication of this interim rule. The 

Tribal consultation was available 

through a teleconference. Leadership 

from all Federally recognized Tribes 

that have lands within the affected 

counties were invited to the 

consultation, which was held on 

October 12, 2010. The FSA Deputy 

Administrator for Farm Programs with 

representation from the FSA 

Administrator’s office as well as the 

USDA Office of Tribal Relations 

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participated in the call and were 

available to consult on CAP. No Tribes 

participated in the call. In response to 

the invitation to the conference call, no 

comments were received. 

Unfunded Mandates 

This rule contains no Federal 

mandates under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA, 

Pub. L. 104–4) for State, local, or tribal 

governments, or the private sector. In 

addition, FSA is not required to publish 

a notice of proposed rulemaking for this 

rule. Therefore, this interim rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA) 

This rule has been determined to be 

major under SBREFA (Pub. L. 104–121). 

SBREFA normally requires that an 

agency delay the effective date of a 

major rule for 60 days from the date of 

publication to allow for Congressional 

review. Section 808 of SBREFA allows 

an agency to make a major regulation 

effective immediately if the agency finds 

there is good cause to do so. FSA finds 

for the reasons given earlier with respect 

to Notice and Comment that it would be 

contrary to the public interest to delay 

implementation of this rule because it 

would significantly delay assistance to 

the producers affected by disasters in 

2009 addressed by this rule. Therefore, 

this rule is effective immediately. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), FSA submitted the 

information collection request for CAP 

to OMB under the emergency procedure 

in accordance with the Paperwork 

Reduction Act so FSA can begin the 

sign-up period upon publication of this 

rule. 

FSA is making payments to eligible 

producers of 2009 upland cotton, long 

grain rice, medium or short grain rice, 

soybeans, and sweet potatoes. CAP is for 

producers who had at least a five 

percent loss due to disaster in counties 

having a Secretarial disaster designation 

for 2009 due to excessive moisture or 

related conditions. 

Title: Crop Assistance Program (CAP). 

OMB Number: 0560–NEW. 

Type of Request: New information 

collection. 

Abstract: This information collection 

is needed for FSA to identify eligible 

upland cotton, long grain rice, medium 

or short grain rice, soybean, and sweet 

potato producers and to make payments 

to those producers through CAP. FSA 

requires producers to submit an 

application on a form specified by FSA 

to the FSA county office for the farm 

where they had a 2009 crop planted or 

considered planted acreage of upland 

cotton, long grain rice, medium or short 

grain rice, soybeans, and sweet potatoes. 

For an application to be accepted and 

approved, the producer will be required 

to provide the following information: 

producer telephone number (optional), 

whether eligible crops suffered a five 

percent or greater loss, whether each 

claimed loss was due to quantity or 

quality loss, and producer’s signature. 

The following estimated burden also 

includes an average travel time of one 

hour for the producer’s travel to the FSA 

county office. The majority of producers 

will only need to submit one 

application form (FSA–860) because the 

rest of their information will already be 

on-file and up to date in the FSA county 

office. However, approximately 673 

respondents will also need to complete 

forms AD–1026, CCC–902 and CCC–926 

if FSA does not have them on file. 

Respondents: Producers. 

Estimated Annual Number of 

Applicants: 279,091. 

Estimated Annual Number of Forms 

per Applicant: 1. 

Estimated Average Time to Respond: 

30 minutes (0.5 hours). 

Estimated Total Annual Burden 

Hours: 350,210. 

E-Government Act Compliance 

CCC is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government Information and 

services, and for other purposes. 

List of Subjects in 7 CFR Part 760 

Dairy products, Indemnity payments, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

■ For the reasons discussed in the 

preamble, the Farm Service Agency 

(USDA) adds 7 CFR part 760, subpart H, 

to read as follows: 

PART 760—INDEMNITY PAYMENT 

PROGRAMS 

Subpart H—Crop Assistance Program 

Sec. 

760.701 Applicability. 

760.702 Definitions. 

760.703 Producer eligibility requirements. 

760.704 Time and method of application. 

760.705 Payment rates and calculation of 

payments. 

760.706 Availability of funds. 

760.707 Proof of loss. 

760.708 Miscellaneous provisions and 

limitations. 

Authority: 7 U.S.C. 612c. 

Subpart H—Crop Assistance Program 

§ 760.701 Applicability. 

(a) This subpart specifies the 

eligibility requirements and payment 

calculations for the Crop Assistance 

Program (CAP), which will be 

administered using funds authorized by 

Section 32 of the Agricultural 

Adjustment Act of 1935 (7 U.S.C. 612c, 

as amended). 

(b) CAP, within the limits of the funds 

made available by the Secretary for this 

program, is intended to help reestablish 

purchasing power to producers of long 

grain rice, medium or short grain rice, 

upland cotton, soybeans, and sweet 

potatoes who suffered a five percent or 

greater loss in the 2009 crop year due to 

disaster. 

(c) Only producers who have a share 

in a farm located in a disaster county (a 

county that is the primary county that 

is the subject of a Secretarial disaster 

designation for 2009 crop year due to 

excessive moisture and related 

conditions, as determined by FSA) are 

eligible for CAP benefits. 

§ 760.702 Definitions. 

The following definitions apply to 

CAP. The definitions in parts 718, 760, 

and 1400 of this title also apply, except 

where they conflict with the definitions 

in this section. 

Acceptable production records means 

verifiable or reliable production records 

deemed acceptable by FSA. 

Application means the CAP 

application form. 

Application period means the 45-day 

period established by the Deputy 

Administrator for producers on farms in 

disaster counties to apply for CAP that 

ends December 9, 2010. 

Approved yield means the amount of 

production per acre, computed in 

accordance with FCIC’s Actual 

Production History (APH) Program at 

part 400, subpart G of this title or, for 

crops not included under part 400, 

subpart G of this title, the yield used to 

determine the guarantee. For crops 

covered under NAP, the approved yield 

is established according to part 1437 of 

this title. 

Considered planted means acreage 

approved as prevented planted or failed 

in accordance with § 718.103 of this 

chapter. 

Crop means the reported or 

determined 2009 crop year planted and 

considered planted acres of long grain 

rice, medium or short grain rice, upland 

cotton, soybean, or sweet potatoes as 

reflected on 2009 crop year form FSA– 

578, Report of Acreage, for a producer 

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Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 65429 

in a disaster county as of October 22, 

2010. Subsequent crops, replacement 

crops, reseeded crops, and replanted 

crops are not eligible crops under this 

part and no revision of the Report of 

Acreage that would increase an 

eligibility for payment will be permitted 

to produce that effect. 

Crop year means for 2009: 

(1) For insurable crops, the crop year 

as defined according to the applicable 

crop insurance policy; 

(2) For NAP covered crops, the crop 

year as provided in part 1437 of this 

title. 

Disaster means excessive moisture or 

related condition, resulting from any of 

the following: flood, flash flooding, 

excessive rain, moisture, humidity, 

severe storms, thunderstorms, ground 

saturation or standing water, hail, 

winter storms, ice storms, snow, 

blizzard, hurricane, typhoons, tropical 

storms, and cold wet weather. A disaster 

does not include brownouts or power 

failures. 

Disaster county means a county 

included in the geographic area covered 

by a qualifying natural disaster 

designation under section 321(a) of the 

Consolidated Farm and Rural 

Development Act (7 U.S.C. 1961(a)). For 

CAP, the term ‘‘disaster county’’ is 

limited to those primary counties 

declared a disaster by the Secretary for 

excessive moisture or a related 

condition, which are limited to 

designations based on any of the 

following: flood, flash flooding, 

excessive rain, moisture, humidity, 

severe storms, thunderstorms, ground 

saturation or standing water, hail, 

winter storms, ice storms, snow, 

blizzard, hurricane, typhoons, tropical 

storms, and cold wet weather. 

Expected production means, for a 

producer on a farm who attempts to 

determine what the producer might 

produce for an eligible crop on a farm, 

the historic yield multiplied by the 

producer’s share of planted and 

considered planted acres of the crop for 

the farm. Expected production may be 

used to assist producers in determining 

whether the producer has a crop or 

crops that suffered a qualifying loss of 

five percent and to determine whether 

that crop is eligible for CAP benefits. 

Historic yield means, for a producer 

on a farm, the higher of the county 

average yield or the producer’s 

approved yields for eligible crops on the 

farm. 

(1) An insured producer’s yield will 

be the higher of the county average yield 

listed or the approved federal crop 

insurance APH, for the disaster year. 

(2) A NAP producer’s yield will be the 

higher of the county average yield or 

NAP approved yield for the disaster 

year. 

Replacement crop means the planting 

or approved prevented planting of any 

crop for harvest following the failed 

planting or prevented planting of a crop 

of long grain rice, medium or short grain 

rice, upland cotton, soybeans, or sweet 

potatoes not in a recognized doublecropping sequence. Replacement crops 

are not eligible for CAP. 

Reseeded or replanted crop means the 

second planting of a crop of long grain 

rice, medium or short grain rice, upland 

cotton, soybeans, or sweet potatoes on 

the same acreage after the first planting 

of that same crop that failed. 

§ 760.703 Producer eligibility 

requirements. 

(a) A producer must meet all of the 

requirements in this subpart to be 

eligible for a CAP payment. 

(b) To be eligible, a producer must be 

an individual or entity who is entitled 

to an ownership share of an eligible 

crop and who has the production and 

market risks associated with the 

agricultural production of the crop on a 

farm. An eligible producer must be a: 

(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 of the 

United States; or 

(4) Corporation, limited liability 

corporation, or other farm 

organizational structure organized 

under State law. 

(c) To be eligible, a producer must 

have: 

(1) Produced a 2009 crop year planted 

or considered planted long grain rice, 

medium or short grain rice, upland 

cotton, soybean, or sweet potato crop in 

a 2009 eligible disaster county, and 

(2) Suffered a five percent or greater 

loss in an eligible disaster county in 

2009. A list of the disaster counties for 

CAP is available on the FSA Web site 

and at FSA county offices. 

§ 760.704 Time and method of application. 

(a) To request a CAP payment, the 

producer must submit a CAP 

application on the form designated by 

FSA to the FSA county office 

responsible for administration of the 

farm. 

(b) Producers submitting an 

application for a crop must certify that 

they suffered a five percent or greater 

loss of the crop on the farm in a disaster 

county and that they have 

documentation to support that 

certification as required in § 760.713. 

(c) Once submitted by a producer, the 

application is considered to contain 

information and certifications of and 

pertaining to the producer’s crop and 

farm regardless of who entered the 

information on the application. 

(d) Producers requesting benefits 

under CAP must certify the accuracy 

and truthfulness of the information 

provided in the application as well as 

with any documentation that may be 

provided with the application or 

documentation that will be provided to 

FSA in substantiation of the application. 

All certifications and information are 

subject to verification by FSA. 

(e) Producers applying for CAP must 

certify that they have an eligible 

ownership share interest in the 2009 

crop acreage that sustained a five 

percent or greater loss. The 

determination and certification by a 

producer that a crop suffered the 

requisite five percent or greater farm 

crop loss is the expected quantity of 

production of the crop less the actual 

production of the crop. 

(f) In the event that the producer does 

not submit documentation in response 

to any request of FSA to support the 

producer’s application or 

documentation furnished does not show 

a crop loss of at least five percent as 

claimed, the application for that crop 

will be disapproved in its entirety. For 

quantity losses, producers need to apply 

a standard similar to the historic yield 

provisions used under previous ad hoc 

disaster programs. Those provisions 

provided that a historic yield was the 

higher of a county average yield or a 

producer’s approved yield. Thus, if an 

applicant is determining whether a farm 

has a crop that suffered a loss of five 

percent or greater on the farm’s planted 

and considered planted acreage, the 

applicant could compare the amount 

successfully produced in 2009 from 

those planted and considered planted 

acres to what the participant expected to 

produce from that acreage using either 

the county average yield (which may be 

obtained from FSA by request) or based 

on analysis of approved actual 

production history yields that may exist 

for producers of the crop on the farm. 

(g) Unless otherwise determined 

necessary by FSA, producers will not be 

required to submit documentation of 

farm crop production or loss at time of 

application. FSA’s decision not to 

require proof, documentation, or 

evidence in support of any application 

at time of application is not to be 

construed as a determination of a 

producer’s eligibility. 

(h) Producers who apply are required 

to retain documentation in support of 

their application for three years after the 

date of application in accordance with 

§ 760.713. 

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65430 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 

(i) The application submitted in 

accordance with this section is not 

considered valid and complete for 

issuance of payment under this part 

unless FSA determines all the 

applicable eligibility provisions have 

been satisfied and the producer has 

submitted all the required forms. In 

addition to the completed, certified 

application form, if the information for 

the following forms or certifications is 

not on file in the FSA county office or 

is not current for 2009, the producer 

must also submit: 

(1) Farm operating plan for individual 

or legal entity; 

(2) Average adjusted gross income 

statement for 2009; and 

(3) Highly erodible land conservation 

(HELC) and wetland conservation 

certification. 

(j) Application approval and payment 

by FSA does not relieve a producer from 

having to submit any form, records, or 

documentation required, but not filed at 

the time of application or payment, 

according to paragraph (h) of this 

section. 

§ 760.705 Payment rates and calculation of 

payments. 

(a) CAP payments will be calculated 

by multiplying the total number of 

reported or determined acres of an 

eligible crop by the per acre payment 

rate for that crop. Payment rates are as 

follows: 

(1) Long grain rice, $31.93 per acre; 

(2) Medium or short grain rice, $52.46 

per acre; 

(3) Upland cotton, $17.70 per acre; 

(4) Soybeans, $15.62 per acre; and 

(5) Sweet potatoes, $155.41 per acre. 

(b) Payments will be calculated based 

on the 2009 crop year reported or 

determined planted or considered 

planted acres of an eligible crop on a 

farm in a disaster county as reflected on 

a form FSA–578, Report of Acreage, on 

file in FSA as of October 22, 2010. 

§ 760.706 Availability of funds. 

(a) Payments specified in this subpart 

are subject to the availability of funds. 

The total available program funds are 

$550 million. In order to keep payments 

within available funds, the Deputy 

Administrator may pro-rate payments, 

to the extent the Deputy Administrator 

determines that necessary. 

(b) Funds for CAP are being made 

available only for the 2009 crop year 

reported and determined eligible crop 

acreage in disaster counties as reflected 

on a form FSA–578, Report of Acreage, 

as of October 22, 2010. 

§ 760.707 Proof of loss. 

(a) All certifications, applications, and 

documentation are subject to spot check 

and verification by FSA. Producers must 

submit documentation to FSA if and 

when FSA requests documentation to 

substantiate any certified application. 

(b) Producers are responsible for 

retaining or providing, when required, 

verifiable or reliable production or loss 

records available for the crop. Producers 

are also responsible for summarizing all 

the production or loss evidence and 

providing the information in a manner 

that can be understood by the county 

committee. 

(c) Any producer receiving payment 

under this subpart agrees to maintain 

any books, records, and accounts 

supporting any information or 

certification made according to this part 

for 3 years after the end of the year 

following application. 

(d) Producers receiving payments or 

any other person who furnishes such 

information to FSA must permit FSA or 

authorized representatives of USDA and 

the General Accounting Office during 

regular business hours to inspect, 

examine, and to allow such persons to 

make copies of such books, records or 

other items for the purpose of 

confirming the accuracy of the 

information provided by the producer. 

§ 760.708 Miscellaneous provisions and 

limitations. 

(a) A person ineligible under 

§ 1437.15(c) of this title concerning 

violations of the Noninsured Crop 

Disaster Assistance Program for the 

2009 crop year is ineligible for benefits 

under this subpart. 

(b) A person ineligible under 

§ 400.458 of this title for the 2009 crop 

year concerning violations of crop 

insurance regulations is ineligible for 

CAP. 

(c) In the event that any request for 

CAP payment resulted from erroneous 

information or a miscalculation, the 

payment will be recalculated and the 

producer must refund any excess to FSA 

with interest to be calculated from the 

date of the disbursement to the 

producer. If for whatever reason the 

producer signing a CAP application 

overstates the loss level of the crop 

when the actual loss level determined 

by FSA for the crop is less than the level 

claimed, or where the CAP payment 

would exceed the producer’s actual loss, 

the application will be disapproved for 

the crop and the full CAP payment for 

that crop will be required to be refunded 

with interest from date of disbursement. 

The CAP payment cannot exceed the 

producer’s actual loss. 

(d) The liability of anyone for any 

penalty or sanction under or in 

connection with this subpart, 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. 

(e) The regulations in parts 11 and 

780 of this title apply to determinations 

under this subpart. 

(f) Any payment to any person under 

this subpart will be made without 

regard to questions of title under State 

law and without regard to any claim or 

lien against the crop, or its proceeds. 

(g) Any payment made under this 

subpart will be considered farm revenue 

for 2009 for the Supplemental Revenue 

Assistance Payments Program. 

(h) The average AGI limitation 

provisions in part 1400 of this title 

relating to limits on payments for 

persons or legal entities, excluding joint 

ventures and general partnerships, with 

certain levels of average adjusted gross 

income (AGI) apply to each applicant 

for CAP. Specifically, a person or legal 

entity with an average adjusted gross 

nonfarm income, as defined in § 1404.3 

of this title, that exceeds $500,000 is not 

eligible to receive CAP payments. 

(i) No person or legal entity, 

excluding a joint venture or general 

partnership, as determined by the rules 

in part 1400 of this title may receive, 

directly or indirectly, more than 

$100,000 in payments under this 

subpart. 

(j) The direct attribution provisions in 

part 1400 of this title apply to CAP. 

Under those rules, any payment to any 

legal entity will also be considered for 

payment limitation purposes to be a 

payment to persons or legal entities 

with an interest in the legal entity or in 

a sub-entity. If any such interested 

person or legal entity is over the 

payment limitation because of direct 

payment or their indirect interests or a 

combination thereof, then the payment 

to the actual payee will be reduced 

commensurate with the amount of the 

interest of the interested person in the 

payee. Likewise, by the same method, if 

anyone with a direct or indirect interest 

in a legal entity or sub-entity of a payee 

entity exceeds the AGI levels that would 

allow a producer to directly receive a 

CAP payment, then the payment to the 

actual payee will be reduced 

commensurately with that interest. For 

CAP, unless otherwise specified in part 

1400 of this title, the AGI amount will 

be that person’s or legal entity’s average 

AGI for the three taxable years that 

precede the 2008 taxable year (that is 

2005, 2006, and 2007). 

(k) For the purposes of the effect of 

lien on eligibility for Federal programs 

(28 U.S.C. 3201(e)), FSA waives the 

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Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Rules and Regulations 65431 

restriction on receipt of funds under 

CAP but only as to beneficiaries who, as 

a condition of such waiver, agree to 

apply the CAP payments to reduce the 

amount of the judgment lien. 

(l) For CAP, producers are either 

eligible or ineligible. Therefore, the 

provisions of § 718.304 of this chapter, 

‘‘Failure to Fully Comply,’’ do not apply 

to this subpart. 

(m) The regulations in subpart B 

apply to CAP. In addition to those 

regulations that specifically include 

subpart H or apply to this part, the 

following sections specifically apply to 

this subpart: §§ 760.113(a), 760.114, and 

760.116(a). 

Signed in Washington, DC, on October 19, 

2010. 

Carolyn B. Cooksie, 

Administrator, Farm Service Agency. 

[FR Doc. 2010–26869 Filed 10–22–10; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2010–0077] 

Change in Disease Status of Japan 

Because of Foot-and-Mouth Disease 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations governing the importation of 

certain animals, meat, and other animal 

products by removing Japan from the 

list of regions considered to be free of 

foot-and-mouth disease (FMD) and also 

from the list of FMD-free regions that 

are subject to certain import restrictions 

on meat and meat products because of 

their proximity to or trading 

relationships with FMD- or rinderpestaffected countries. We are taking this 

action because the existence of FMD has 

been confirmed in Japan. This action 

restricts the importation of ruminants 

and swine and the fresh meat and other 

animal products of ruminants and swine 

from that country and is necessary to 

prevent the introduction of FMD into 

the United States. 

DATES: This interim rule is effective 

October 25, 2010. However, we are 

imposing this restriction retroactively to 

April 20, 2010. We will consider all 

comments that we receive on or before 

December 27, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2010-0077 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0077, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2010–0077. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Kelly Rhodes, Senior Staff Veterinarian, 

Regionalization Evaluation Services— 

Import, National Center for Import and 

Export, VS, APHIS, 4700 River Road 

Unit 38, Riverdale, MD 20737–1231; 

(301) 734–4356. 

SUPPLEMENTARY INFORMATION: 

Background 

Foot-and-mouth disease (FMD) is a 

severe and highly contagious viral 

infection affecting cloven-hoofed 

ruminants, including cattle, deer, goats, 

sheep, swine, and other animals. The 

disease is highly communicable and is 

characterized by fever and blister-like 

lesions on the tongue and lips, in the 

mouth, on the teats, and between the 

hooves. It causes severe losses in the 

production of meat, milk, and other 

dairy products. Although many animals 

survive the disease, it leaves them 

debilitated. FMD is endemic to more 

than two-thirds of the world and is 

considered to be widespread in parts of 

Africa, Asia, Europe, and South 

America. Because of the highly 

communicable nature of FMD, it is 

necessary to protect livestock that are 

free of the disease from any animals, 

animal products, or other articles that 

might be contaminated with the FMD 

virus. 

Although FMD was eradicated in the 

United States in 1929, the virus could 

be reintroduced by a single infected 

animal, animal product, or person 

carrying the virus. Once introduced, 

FMD can spread quickly through 

exposure to aerosols from infected 

animals, direct contact with infected 

animals, contact with contaminated feed 

or equipment, ingestion of animal 

products, or contact with humans 

harboring the virus or carrying the virus 

on their clothing. 

The regulations in 9 CFR part 94 

(referred to below as the regulations) 

govern the importation of certain 

animals and animal products into the 

United States in order to prevent the 

introduction of various animal diseases, 

including rinderpest and FMD. Section 

94.1 of the regulations lists regions of 

the world that are considered free of 

rinderpest and FMD. Japan has been 

listed in § 94.1 as a region considered 

free of rinderpest and FMD. Section 

94.11 lists regions of the world 

considered free of rinderpest and FMD 

but from which the importation of meat 

and other animal products into the 

United States is subject to additional 

restrictions because of those regions’ 

proximity to or trading relationships 

with FMD-affected regions. Japan has 

been listed in § 94.11 as one of the 

regions from which meat and other 

animal products of ruminants and swine 

are subject to additional restrictions. 

On April 20, 2010, the Ministry of 

Agriculture, Forestry, and Fisheries of 

Japan reported an outbreak of FMD in 

that country to the World Organization 

for Animal Health (OIE). In response, 

APHIS administratively issued 

temporary restrictions on commodities 

from Japan that could harbor FMD virus. 

Since that date, Japan has reported FMD 

on a total of 292 premises. No new cases 

have been diagnosed since July 4, 2010. 

We are amending the regulations in 

§ 94.1(a)(1) to remove Japan from the list 

of regions free of rinderpest and FMD 

and are amending the regulations in 

§ 94.1(a)(3) to add Japan to the list of 

regions free of rinderpest. We are also 

amending the regulations in § 94.11 to 

remove Japan from the list of regions 

considered free of rinderpest and FMD 

but from which the importation of meat 

and other animal products of ruminants 

and swine into the United States is 

subject to additional restrictions. 

Additionally, we are making a 

nonsubstantive change to § 94.27 to 

clarify our intent regarding that section. 

The provisions of § 94.27 allow the 

importation from Japan of whole cuts of 

boneless beef derived from cattle that 

meet specified conditions to mitigate 

the risk of introducing bovine 

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