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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations submitted by the affected farmer. Prior to this rule, an affected farmer was limited to receiving 18 months of payments under DIPP due to the same loss.
As a result of the changes being made by this rule, any affected farmer may apply for cow indemnification, with eligibility then determined by DAFP.
The application must be filed with the FSA county office for the county where the farm headquarters is located by December 31 following the fiscal year end in which the affected farmers milk was removed from the commercial market, except that affected farmers that have received at least 3 months of milk indemnity payments prior to December 13, 2021, must file the form within 120
days after December 13, 2021. Upon written request from an affected farmer and at DAFPs discretion, the deadline for that affected farmer may be extended. For affected cows that produce contaminated milk, DAFP will determine eligibility for cow indemnity based on whether those cows are likely to be not marketable for 3 months or longer from the date the affected farmer submits an application for cow indemnification per 7 CFR 760.13. To make this determination, DAFP will take into consideration the levels of chemical residues in the contaminated milk by reviewing milk testing results, the commercial markets assessment of the current marketability of the affected cows, the type and source of chemical residues in the milk and animal tissues, and the projected duration for chemical residues to be reduced to marketable levels. Additionally, DAFP will review the actions the affected farmer has taken to reduce the chemical residues since the contaminated milk was discovered.
After the affected farmer submits a complete application for DIPP cow indemnification on a form approved by DAFP, including the required documentation specified in 7 CFR
760.12, DAFP will determine eligibility for cow indemnification for those affected cows according to 7 CFR
760.10. Once an affected farmer is approved for cow indemnity payments, that affected farmer will no longer be eligible for additional milk indemnity payments in the future for the same loss.
Bred young dairy female in gestation and open young dairy female not in gestation heifers that are not marketable due to elevated levels of chemical residues as the result of the same loss are eligible for cow indemnification through DIPP if determined by DAFP to likely be not marketable for 3 months or longer under 7 CFR 760.11 after review of a recommendation on eligibility from the appropriate FSA county committee.

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The affected farmer may include heifers in the cow indemnity request if the heifers intended purpose is milk production and that future milk production is likely to be not marketable due to the same loss. DIPP indemnity payments for affected bred and open heifers due to same loss will be calculated as provided in 7 CFR 760.11.
Information required to apply for cow indemnity for heifers is specified in 7
CFR 760.12.
In order for the affected farmer to receive approval for cow indemnification, the application must provide a removal plan for depopulating, disposing of, and permanently removing the affected cows and heifers from any future commercial milk production. That removal plan must be approved by the applicable public agency where the affected cows are located and in accordance with the public agencys depopulation and animal disposal requirements at the time of disposal, including any applicable Environmental Protection Agency EPA, State, and local guidelines and requirements. The removal plan must provide FSA, to the satisfaction of the FSA county committee, a timeline of all aspects of cow removal, how and where cows will be depopulated, including how the cows and chemical residues, if applicable, will be disposed of, and documentation of the approval of the removal plan from the applicable public agency.
DAFP, upon request from an affected farmer on the application for cow indemnity and at DAFPs discretion, may approve indemnification of affected cows that were not marketable and were depopulated or died above normal mortality rates 2 for the farm between approval of the affected farmers application for the first month of milk indemnity and approval of the removal plan for cow indemnification. An affected farmer making such a request must submit an accounting of affected cows depopulated or died above normal mortality rates for cows between approval of the affected farmers application for the first month of milk indemnity but before the public agency approved the removal plan. This request for cow indemnification may include both cows that were included in 2 DIPP will use the normal mortality rates for cows established by the FSA State Committees for the Livestock Indemnity Program LIP. The FSA
State Committee annually determines normal mortality rates in their state for the following weight ranges:
Dairy, nonadult less than 400 pounds;
Dairy, nonadult 400 pounds or more; and Dairy, adult cow.

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applications for milk indemnity and heifers that were affected from the same loss.
Indemnification for affected cows through the Livestock Indemnity Program LIP is not an option for affected farmers because chemical residues are not an eligible cause of loss under LIP.
The application for cow indemnification should include all affected cows, including heifers, as well as any deceased or previously depopulated cows, for which the affected farmer seeks indemnification.
To apply, the affected farmer will need to provide the information specified in 7 CFR 760.12: An application form approved by FSA, a removal plan, an inventory of adult cows or bred or open heifers at applicable weight ranges, and depopulation and disposal authorization from an applicable public agency. A written statement is required from 2 commercial markets that declined the acceptance of the affected cows through a cull cow market, slaughter facility, or processing facility due to the levels of chemical residues in the affected cows. Additionally, documentation of any projected timelines to reduce the chemical residues, actions the affected farmer has taken to reduce the chemical residues to marketable levels, including any professional assistance obtained for chemical residue remediation, including, but not limited to advice, consultation, and discussion of strategies with the public agencies. For heifers, the affected farmer will also need to provide: Veterinarian records, blood test results, or other testing information for DAFP to make its eligibility determination. In addition to any other information sought in 760.12, if an affected farmer has not applied for milk indemnification through DIPP before applying for cow indemnification, the affected farmer will also need to provide documentation according to 7 CFR 760.6a, b, h, and i.
Affected farmers have the choice to receive 50 percent of cow indemnification after application approval and the remaining 50 percent after the cows are depopulated and removed or 100 percent after the cows are depopulated and removed. FSA will provide indemnification of cows to compensate for the value of the affected cows for eligible affected farmers according to the calculations set forth in 7 CFR 760.10 and 760.11, but will not provide cost share assistance of cow depopulation and removal expenses.
The Natural Resources Conservation Service can assist affected farmers in
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