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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
b. In paragraph f, remove the cross reference paragraph b1 and add cross reference paragraph e in its place.

760.1510

Amended
6. In 760.1510a, remove the words a date that will be announced by the Deputy Administrator and add October 30, 2020 in their place.

760.1511

Amended
7. In 760.1511a6, remove the cross reference paragraph f and add cross reference paragraph g in its place.
8. Add subpart R, consisting of 760.1800 through 760.1814, to read as follows:

Subpart RQuality Loss Adjustment Program Sec.
760.1800 Applicability.
760.1801 Administration.
760.1802 Definitions.
760.1803 Participant eligibility.
760.1804 Eligibility of affected production.
760.1805 Qualifying disaster events.
760.1806 Ineligible losses.
760.1807 Miscellaneous provisions.
760.1808 General provisions.
760.1809 Payment and adjusted gross income limitation.
760.1810 Time and method of application.
760.1811 Required documentation and verification.
760.1812 Payment calculation.
760.1813 Availability of funds and timing of payments.
760.1814 Requirement to purchase crop insurance or NAP coverage.

c The FSA State committee will take any action required by the regulations in this subpart that the FSA county committee has not taken. The FSA State committee will also:
1 Correct, or require an FSA county committee to correct, any action taken by the FSA county committee that is not in accordance with the regulations in this subpart; or 2 Require an FSA county committee to withhold taking any action that is not in accordance with this subpart.
d No delegation to an FSA State or county committee precludes the FSA
Administrator or the Deputy Administrator from determining any question arising under this subpart or from reversing or modifying any determination made by an FSA State or county committee.
e The Deputy Administrator has the authority to:
1 Permit State and county committees to waive or modify a nonstatutory deadline specified in this subpart; and 2 Delegate authority to FSA State or county committees to make determinations under 760.1812f and g.
f Items of general applicability to program participants, including, but not limited to, application periods, application deadlines, internal operating guidelines issued to FSA State and county offices, prices, and payment factors established under this subpart, are not subject to appeal in accordance with part 780 of this chapter.
760.1802

760.1800

Applicability.

This subpart specifies the terms and conditions for the Quality Loss Adjustment QLA Program. The QLA
Program provides disaster assistance for crop quality losses that were a consequence of hurricanes, excessive moisture, floods, qualifying drought, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in calendar years 2018 and 2019.

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760.1801

Administration.

a The QLA Program is administered under the general supervision of the Administrator, Farm Service Agency FSA, and the Deputy Administrator for Farm Programs, FSA. The QLA Program is carried out by FSA State and county committees with instructions issued by the Deputy Administrator.
b FSA State and county committees, and representatives and their employees, do not have authority to modify or waive any of the provisions of the regulations in this subpart or instructions issued by the Deputy Administrator.

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Definitions.

The following definitions apply to this subpart. The definitions in 718.2
and 1400.3 of this title also apply, except where they conflict with the definitions in this section. In the event of conflict, the definitions in this section apply.
Affected production means the producers ownership share of harvested production of an eligible crop, adjusted to standard moisture as established by the U.S. Grains Standards Act, a State regulatory agency, or industry standard, that had both:
1 A quality loss due to a qualifying disaster event; and 2 At least a 5 percent quality loss due to all eligible disaster events.
Average market price means the average market price determined according to 1437.12 of this title.
Coverage level means the percentage determined by multiplying the elected yield percentage under a crop insurance policy or NAP coverage by the elected price percentage.
Crop insurance means an insurance policy reinsured by FCIC under the
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provisions of the Federal Crop Insurance Act, as amended. It does not include private plans of insurance.
Crop insurance indemnity means, for the purpose of this subpart, the payment to a participant for crop losses covered under crop insurance administered by RMA in accordance with the Federal Crop Insurance Act 7 U.S.C. 1501
1524.
Crop year means:
1 For insurable crops, the crop year as defined according to the applicable crop insurance policy; and 2 For NAP-eligible crops, the crop year as defined in 1437.3 of this title.
Eligible crop means a crop for which coverage was available either from FCIC
under part 400 of this title, or through NAP under 1437.4 of this title.
Eligible disaster event means a disaster event that is an eligible cause of loss specified in 1437.10 of this title, excluding insect infestation.
FCIC means the Federal Crop Insurance Corporation, a wholly owned Government Corporation of USDA, administered by RMA.
FSA means the Farm Service Agency, an agency of USDA.
Grading factor means a factor that describes the physical condition or a feature that is evaluated to determine the quality of the production, such as broken kernels and low-test weight.
Good farming practices means the cultural practices generally recognized as compatible with agronomic and weather conditions and used for the crop to make normal progress toward maturity, as determined by FSA. These practices are:
1 For conventional farming practices, those generally recognized by agricultural experts for the area, which could include one or more counties; or 2 For organic farming practices, those generally recognized by the organic agricultural experts for the area or contained in the organic system plan that is in accordance with the National Organic Program specified in part 205 of this title.
Harvested means:
1 For insurable crops, harvested as defined according to the applicable crop insurance policy;
2 For NAP-eligible single harvest crops, that a crop has been removed from the field, either by hand or mechanically;
3 For NAP-eligible crops with potential multiple harvests in 1 year or harvested over multiple years, that the producer has, by hand or mechanically, removed at least 1 mature crop from the field during the crop year; and 4 For mechanically harvested NAPeligible crops, that the crop has been
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