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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
before the date authorized by FSA, will be null and void.
g Items of general applicability to program participants, including, but not limited to, application periods, application deadlines, internal operating guidelines issued to State and county offices, prices, and payment factors established by the OFF Program, are not subject to appeal.

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756.3

Definitions.

The definitions in this section apply for all purposes of OFF Program administration.
Administrative county office is the FSA county office where a producers FSA records are maintained.
APHIS means Animal Plant Health and Inspection Service, U.S. Department of Agriculture.
Application period means the dates established by the Deputy Administrator for producers to apply for OFF Program benefits.
Calendar year means January 1st through December 31st.
Deputy Administrator means the Deputy Administrator for Farm Programs, FSA.
FSA means the Farm Service Agency, U.S. Department of Agriculture.
NAP means Non-insured Crop Disaster Assistance Program.
OFF Program means the Oriental Fruit Fly Program.
OFF quarantine period means August 28, 2015, through February 13, 2016.
Oriental fruit fly quarantine means the quarantine put in place during the OFF quarantine period in the quarantine area to protect against the entry and spread of the Oriental fruit fly by requiring strict adherence to treatment or destruction of the host crop.
Prevented planting means when producers chose not to plant an annual crop during the 2015 through 2016
season due to the Oriental fruit fly quarantine.
Producer means a person, partnership, association, corporation, estate, trust, or other legal entity that produces an eligible crop as a landowner, landlord, tenant, or sharecropper.
Program year means the relevant application year. The program year for OFF will be 2015 and include total revenue losses for calendar year 2015
and calendar year 2016.
Quarantine area means the area mapped by The Florida Department of Agriculture and Consumer Services Division, Division of Plant Industry FDACSDPI. The map identifies areas where the Oriental Fruit Fly was detected and the associated boundaries of the area quarantined by APHIS. The
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map is available by contacting FDACS
DPI, The Doyle Conner Building, 1911
SW 34th St., Gainesville, FL 32608
7100 or https www.fdacs.gov/
Divisions-Offices/Plant-Industry.
Reliable documentation means evidence provided by the participant that is used to substantiate the amount of revenue reported when verifiable documentation is not available, including copies of receipts, ledgers of income, income statements of deposit slips, register tapes, invoices for custom harvesting, and records to verify production costs, contemporaneous measurements truck scale tickets, and contemporaneous diaries that are determined acceptable by the FSA
county committee. To determine whether the records are acceptable, the FSA county committee will consider whether they are consistent with the records of other producers of the crop in that area.
Revenue means the gross income from crop sales received during the applicable calendar years for the crops that suffered a loss due to the Oriental fruit fly quarantine. Revenue does not mean revenue received for crops grown under contract for crop owners unless the grower had an ownership share of the crop.
RMA means Risk Management Agency.
Secretary means the Secretary of the United States Department of Agriculture, or the Secretarys delegate.
Verifiable documentation means evidence that can be verified by FSA
through an independent source.
756.4

Qualifying disaster event.

The OFF Program will provide assistance to eligible producers who suffered revenue losses due to the State of Florida and APHIS implemented quarantine that took place from August 28, 2015, through February 13, 2016, in Miami-Dade County, Florida.
756.5

Eligible producers.

a To be an eligible producer, the producer must:
1 Be an individual person that is a U.S. Citizen or Resident Alien, or a partnership, association, corporation, estate, trust, or other legal entity consisting solely of U.S. Citizens or Resident Aliens that produces an eligible crop as a landowner, landlord, tenant, or sharecropper; and 2 Comply with all provisions of this part and, as applicable:
i 7 CFR part 3Debt Management;
ii 7 CFR part 12Highly Erodible Land and Wetland Conservation;
iii 7 CFR 400.680, Controlled substance;

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iv 7 CFR part 1400, adjusted gross income AGI provisions:
A Program year 2015 will be used to determine AGI for the OFF Program, therefore the AGI will be the average of tax years 2013, 2012, and 2011; and B The OFF Program allows an exception to the $900,000 average AGI
limitation if at least 75 percent of the average AGI was derived from farming, ranching, or forestry operations. CCC
942 is used to collect the producer and certified public accountant CPA or attorney certification statements;
v 7 CFR part 707Payments Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent;
vi 7 CFR part 718Provisions Applicable to Multiple Programs; and vii 7 CFR part 1400Payment Limitation and Payment Eligibility.
b A receiver or trustee of an insolvent or bankrupt debtors estate, an executor or an administrator of a deceased persons estate, a guardian of an estate of a ward or an incompetent person, and trustees of a trust is considered to represent the insolvent or bankrupt debtor, the deceased person, the ward or incompetent, and the beneficiaries of a trust, respectively. The production of the receiver, executor, administrator, guardian, or trustee is the production of the person or estate represented by the receiver, executor, administrator, guardian, or trustee. OFF
Program documents executed by any such person will be accepted by FSA
only if they are legally valid and such person has the authority to sign the applicable documents.
c A minor who is otherwise an eligible producer is eligible to receive an OFF Program payment only if the minor meets one of the following requirements:
1 The right of majority has been conferred on the minor by court proceedings or by statute.
2 A guardian has been appointed to manage the minors property and the applicable OFF Program documents are signed by the guardian.
3 Any OFF Program application signed by the minor is cosigned by a person determined by the FSA county committee to be financially responsible.
d Foreign person rules in 7 CFR part 1400, subpart E, are not applicable to the OFF Program.
e Producers will not be required to be in the business of producing and marketing agricultural products at the time of OFF Program application.
f The producer must have been actively producing and marketing agricultural products during the OFF
quarantine period.

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