Fertilizer Production Expansion Program

Forms and Documents

Document Name	Status
FPEP Supporting Statement Ver 9-27-22.docx Supporting Statement A	2022-09-26
Emergency Request for PRA Approval-FPEP 9.26.22.pdf Supplementary Document	2022-09-26
FPEP 0570-XXXX Burden Worksheet 9-27-2022.xlsx Supplementary Document	2022-09-26

IC Document Collections

IC ID	Document Title	Status
256126	Fertilizer Production Expansion Program Form	New

ICR Details

OMB Control No:	ICR Reference No: 202209-0570-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: USDA/RBS	Agency Tracking No: 0570-New
Title: Fertilizer Production Expansion Program
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/27/2022
Date Submitted to OIRA: 09/27/2022

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	1,831	0
Time Burden (Hours)	19,082	0
Cost Burden (Dollars)	0	0

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Abstract: The Fertilizer Production Expansion Program (FPEP) is authorized by the Commodity Credit Corporation (CCC) Charter Act to assist agricultural producers through grants, purchases, payments, and other operations, and makes available materials and facilities required in the production and marketing of agricultural commodities. Through FPEP, USDA is supporting new and expanded supplies of fertilizer and alternatives that play the same role as fertilizer to United States farmers as a key input necessary for production of agricultural commodities. The FPEP Program will be administered by the USDA, Rural Development (RD) Rural Business Cooperative Service (RBCS). RBCS has developed requirements for FPEP, prepared a Request for Applications (RFA) and up to $500 million will be made available in competitive grants. The purpose of FPEP is to expand capacity, improve competition, and increase supply chain resilience within the agricultural fertilizer and nutrient management sector, in connection with the production of agricultural commodities.

Emergency Justfication: The Rural Business-Cooperative Service of the Rural Development (RD) Mission Area (Agency) within the United States Department of Agriculture (USDA), is requesting emergency review and approval of a new information collection for the Fertilizer Production Expansion Program (FPEP) Request for Applications (RFA). The implementation of this new program is a priority of the Secretary of Agriculture. The Agency is requesting emergency approval by September 27, 2022. The RFA will be posted immediately to grants.gov and the Agency will begin accepting applications to implement the FPEP program as authorized by the Commodity Credit Corporation Charter Act. This program is being implemented in response to Executive Order 14036, “Promoting Competition in the American Economy.” Fertilizer plays an important and vital role in the agriculture industry. A southern cold snap in 2021 put a strain on the supply of natural gas which is a critical component used in the creation of synthetic fertilizers. In addition, supply chain disruptions, prices that have more than doubled, a limited supply of the relevant minerals, as well global demand and a reliance on fertilizer imports indicate how very important it is to invest in this crucial link in the agricultural supply chain. FPEP will support additional fertilizer production to help American farmers address rising costs and spur competition to enhance fair and competitive markets along the same lines as the independent food processing investments being made as part of the Food System Transformation Effort. Through FPEP, USDA is supporting new and expanded supplies of fertilizer and alternatives that play the same role as fertilizer to United States farmers as a key input necessary for production of agricultural commodities. As part of a whole-of-government effort to combat the climate crisis and conserve and protect our nation's lands, biodiversity, and natural resources including our soil, air, and water, USDA will solicit applications from qualified entities for projects that will contribute significantly to this purpose through FPEP. The Agency was planning to utilize the new USDA Generic Solution for Solicitation for Funding Opportunity Announcements for this information collection but has been informed that the generic package will not be ready in time. Therefore, an emergency clearance approval for this information collection is formally requested due to the need to effectively implement the program as quickly as possible to increase competition in fertilizer production and support American farmers. The 60-day notice for comments will be published in the Federal Register as soon as possible after the RFA is posted to www.grants.gov in order to submit the regular request to obtain a 3- year approval from OMB after receiving the 6-month OMB emergency approval. Due to the need to consider comments received and then issue another notice for the Federal Register for an additional thirty days of comment, the Agencies would not be able to complete the information collection process before the RFA will go into effect, which would hinder the program's processing and servicing. Please note that after the 60-day comment period closes, the Agencies will submit the collection package for a 3-year approval addressing any comments received. In compliance with OMB regulations (5 CFR Part 1320), which implements the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the information collection and recordkeeping requirements that may be imposed by this section are submitted to OMB for emergency review and approval. Attached are the supporting statement and spreadsheet for the collection.

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Authorizing Statute(s): US Code: 15 USC 714 Name of Law: Community Credit Corporation Charter Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Fertilizer Production Expansion Program	RD 1924-10, RD 1924-9, RD 1940-1, RD 4280-2, RD 1942-46	Release by Claimants ,   Certificate of Contractor's Final Release and Waiver of Lien ,   Request for Obligation of Funds ,   RBCS Financial Assistance Agreement ,   Letter of Intent to Meet Conditions

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,831	0	0	0	1,831	0
Annual Time Burden (Hours)	19,082	0	0	0	19,082	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection so there are no adjustments.

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Annual Cost to Federal Government: $132,786

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/27/2022

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