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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA
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3027, found online at https
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9.7

Miscellaneous provisions.

a If a CFAP payment resulted from erroneous information provided by a participant, or any person acting on their behalf, the payment will be recalculated and the participant must refund any excess payment with interest calculated from the date of the disbursement of the payment.
1 If FSA determines that the applicant intentionally misrepresented either the total amount or applicants share of the commodities, acres, sales, or revenue on their application, the application will be disapproved and the applicant must refund the full payment to FSA with interest from the date of disbursement.
2 Any required refunds must be resolved in accordance with part 3 of this title.

Subpart CCFAP 2

2. Amend 9.4 as follows:
a. Revise paragraphs a1 and 2;
and b. Remove paragraph a3.
The revisions read as follows:

4. Amend 9.201 as follows:
a. Add the definitions of Average revenue loss level and Eligible contract livestock or poultry in alphabetical order;
b. In the definition of Eligible revenue, remove the words broilers, pullets, layers, chicken eggs, turkeys, hogs, or pigs and add the words eligible contract livestock or poultry in their place;
c. In the definition of Ineligible commodities, remove the words ineligible crops and add the words ineligible crops other than grass seed in their place;
d. In the definition of Producer, in the second sentence, remove the word Producers and add the words Except for contract producers, producers in its place;
e. In the definition of Sales-based commodities, remove the words milk, mink including pelts; and add the words milk, grass seed, mink including pelts, in its place; and f. Add the definition of Turn in alphabetical order.
The additions read as follows:

9.4

9.201

List of Subjects in 7 CFR Part 9
Agricultural commodities, Agriculture, Disaster assistance, Indemnity payments.
For the reasons discussed above, this final rule amends 7 CFR part 9 as follows:
PART 9CORONAVIRUS FOOD
ASSISTANCE PROGRAM
1. The authority citation for part 9
continues to read as follows:

Authority: 15 U.S.C. 714b and 714c;
Division B, Title I, Pub. L. 116136, 134 Stat.
505; and Division N, Title VII, Subtitle B, Chapter 1, Pub. L. 116260.

Subpart AGeneral Provisions

lotter on DSK11XQN23PROD with RULES1

2 October 12, 2021, for payments issued under 9.203.

3. Amend 9.7 as follows:
a. Revise paragraph a; and b. In paragraph b, remove the words in parts and add in part 718, subpart D, and parts in their place.
The revision reads as follows:

Time and method of application.

a
1 September 11, 2020, for payments issued under 9.102; and
VerDate Sep<11>2014

15:58 Aug 26, 2021

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Definitions.

Average revenue loss level means the average percentage of revenue loss for
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contract producers determined by USDA for a geographic area based on the best available data including, but not limited to, losses reported by contract producers for the same area and type of livestock or poultry.

Eligible contract livestock or poultry means broilers, pullets, layers, poultry eggs, turkeys, ducks, geese, pheasants, quail, hogs, pigs, and other livestock or poultry types determined eligible and announced by USDA, including breeding stock of those eligible livestock and poultry types.

Turn means a group of eligible contract livestock or poultry that is delivered to a contract producer who provides labor and equipment to produce the livestock or poultry for the integrator or owner.

5. Amend 9.202 by revising paragraphs b1 through 3 and adding paragraphs b4 and d to read as follows:
9.202

Eligibility.

b
1 Produced eligible contract livestock or poultry under a contract in either the 2018 or 2019 calendar year and in the 2020 calendar year;
2 Received revenue under such a contract during the period from January 1, 2020, through December 27, 2020;
3 Had a loss in eligible revenue for the period from January 1, 2020, through December 27, 2020, as compared to the period from:
i January 1, 2018, through December 27, 2018; or ii January 1, 2019, through December 27, 2019; and 4 Meet all other requirements for eligibility under this part.

d Contract producers are eligible for payment under 9.203m if they:
1 Did not receive eligible revenue from January 1 through December 27 in 2018 or 2019, but received eligible revenue for the period from January 1, 2020, through December 27, 2020; and 2 Meet all other requirements for eligibility under this part.
6. Amend 9.203 as follows:
a. Revise paragraph i;
b. In Table 2 to paragraph j, revise the first column heading;
c. Revise paragraph l; and d. Add paragraphs m through o.
The revisions and additions read as follows:
9.203

E:FRFM27AUR1.SGM

Calculation of payments.

27AUR1