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Rules and Regulations
Federal Register Vol. 86, No. 3
Wednesday, January 6, 2021

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 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

FOR FURTHER INFORMATION CONTACT:

Kimberly Graham at 202 7206825
voice; or by email at:
kimberly.graham@usda.gov. Persons with disabilities who require alternative means for communication should contact the USDA Target Center at 202
7202600 voice.
SUPPLEMENTARY INFORMATION:

DEPARTMENT OF AGRICULTURE
Farm Service Agency 7 CFR Part 760
Docket ID: FSA20200011
RIN 0560AI55

Background
Agricultural Disaster Indemnity Programs Farm Service Agency FSA, Department of Agriculture USDA.
ACTION: Final rule.
AGENCY:

This rule establishes the Quality Loss Adjustment QLA Program to provide assistance to producers who suffered eligible crop quality losses due to hurricanes, excessive moisture, floods, drought, tornadoes, typhoons, volcanic activity, snowstorms, and wildfires occurring in calendar years 2018 and 2019. It also amends the provisions for the Wildfire and Hurricane Indemnity Program Plus WHIP+ to be consistent with the Further Consolidated Appropriations Act, 2020, by adding excessive moisture and drought occurring in 2018 and 2019
as qualifying disaster events and clarifying eligibility of sugar beets. The changes to WHIP+ were self-enacting and were previously implemented by FSA.

SUMMARY:

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DATES:

Effective date: January 6, 2021.
Comment due date: Comments are due by March 8, 2021.
ADDRESSES: We invite you to submit comments on this rule. You may submit comments by either of the following methods, although FSA prefers that you submit comments electronically through the Federal eRulemaking Portal:
Federal eRulemaking Portal: Go to http www.regulations.gov and search for Docket ID FSA20200011. Follow the instructions for submitting comments.
Mail: Director, SND, FSA, U.S.
Department of Agriculture, 1400

VerDate Sep<11>2014

Independence Avenue SW, Stop 0522, Washington, DC 202500522. In your comment, specify the docket ID FSA
20200011.
Comments will be available for viewing online at http
www.regulations.gov.

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The Additional Supplemental Appropriations for Disaster Relief Act, 2019 Disaster Relief Act, Pub. L.
11620 provided 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. The Further Consolidated Appropriations Act, 2020
Pub. L. 11694, makes several changes to the provisions of the Disaster Relief Act, including:
Specifying that assistance would be provided for crop quality losses;
Adding excessive moisture as a qualifying disaster event;
Adding drought as a qualifying disaster event if an area within the county was rated by the U.S. Drought Monitor as having a D3 extreme drought or higher level of drought intensity during the applicable calendar year; and Providing that sugar beet losses in 2018 and 2019 would be paid through cooperative processors to be paid to producer members as determined by such processors.
This rule implements those provisions of the Further Consolidated Appropriations Act, 2020, by establishing the QLA Program to provide assistance for crop quality losses and amending the WHIP+
regulations to be consistent with the changes to qualifying disaster events and eligibility of sugar beet losses.

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QLA Program This rule establishes the QLA
Program to provide disaster assistance for crop quality losses that were a consequence of hurricanes, excessive moisture, floods, qualifying drought, tornadoes, typhoons, volcanic activity, snowstorms, or wildfires occurring in calendar years 2018 and 2019. Eligible crops generally include crops for which FCIC crop insurance coverage or Noninsured Crop Disaster Assistance Program NAP coverage is available;
however, value loss crops,1 honey, and maple sap are not eligible. The QLA
Program provides assistance for losses to crops that were sold or fed to livestock or are in storage; crops that were destroyed are not eligible.
Assistance will be based on a producers harvested affected production of an eligible crop that had a quality loss due to a qualifying disaster event and had at least a 5 percent quality loss due to all eligible disaster events.
Qualifying disaster events include hurricanes, floods, tornados, typhoons, volcanic activity, snowstorms, wildfires, excessive moisture, qualifying drought, and related conditions that occurred in the 2018 or 2019 calendar year.
Assistance is available for eligible producers in counties that received a qualifying Presidential Emergency Disaster Declaration declaration or Secretarial Disaster Designation designation due to one or more of the qualifying disaster events or a related condition. As required by the Further Consolidated Appropriations Act, 2020, drought is only a qualifying disaster event if an area within the county was rated by the U.S. Drought Monitor as having a D3 extreme drought or higher level of drought intensity during the applicable calendar year referred to as qualifying drought in this rule. Only producers in those counties that received a disaster declaration or designation qualify for the QLA Program based on the declaration or designation.
Producers in counties that did not receive a qualifying declaration or designation may still apply; however, they must also provide supporting documentation to establish that the crop was directly affected by a qualifying disaster event and suffered the same 1 Value loss crops include aquaculture, floriculture, mushrooms, ginseng root, ornamental nursery, sea grass and sea oats, Christmas trees, and turfgrass sod.

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