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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations 756.6 Eligible and ineligible causes of revenue loss.

a To be eligible for payments under this part the producer must have suffered a loss of revenue due to the Oriental fruit fly quarantine of one or more of the following types:
1 Revenue loss on crops planted or prevented from being planted within the Oriental Fruit Fly quarantine area during the OFF quarantine period.
Crops that suffered a revenue loss due to prevented planting must have a prior history of being planted or be able to provide verifiable or reliable documentation demonstrating legitimate intent to plant the crop during the OFF
quarantine period;
2 Pre or post-harvest treatment costs;
3 Transportation costs to a postharvest treatment facility;
4 Crop quality loss;
5 Crop spoilage;
6 Crop drop; or 7 Reduced post-harvest shelf life.
b An ineligible cause of revenue loss under this part will apply to the following:
1 Losses determined by FSA to be the result of poor management decisions or poor farming practices, such as using non-optimal chemical application, overtilling, monoculture growing of same crop year after year, allowing soil erosion, nonoptimal planting time, or poor quality seed selection.
2 Losses due to conditions or events occurring outside of the applicable growing season for the crop.
3 Losses due to failure of a power supply or lack of irrigation.
4 Losses to crops not intended for harvest.
5 Losses to home gardens for personal use and not intended to market.
6 Losses to non-fruit bearing ornamental nursery.
7 Losses caused by theft.
8 Losses caused by disease or pest infestation other than the Oriental fruit fly.
9 Losses to purchased crops.

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756.7

Time and method of application.

a An application for OFF Program payment under this part must be submitted in person, by mail, email, or facsimile to the FSA county office serving as the farms administrative county office by the close of business 60
calendar days after the signup start date announced by FSA. A National Special Program SP Notice will be issued providing OFF program details including signup start date and program requirements.
b An application will include only the producers share of revenue for the
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crops negatively affected by the Oriental fruit fly quarantine for the applicable calendar years.
c Once signed by a producer, the application for payment is considered to contain information and certifications of and pertaining to the producer regardless of who entered the information on the application.
d The producer applying for the OFF
Program under this part certifies the accuracy and truthfulness of the information provided in the application as well as any documentation filed with or in support of the application.
1 All information is subject to verification or spot check by FSA at any time, either before or after payment is issued. Refusal to allow FSA or any agency of the Department of Agriculture to verify any information provided will result in the participants forfeiting eligibility for the OFF Program. FSA
may at any time, including before, during, or after processing and paying an application, require the producer to submit any additional information necessary to implement or determine any eligibility provision of this part.
Furnishing required information is voluntary; however, without it, FSA is under no obligation to act on the application or approve payment.
2 Providing a false certification will result in ineligibility and can also be punishable by imprisonment, fines, and other penalties.
e The application submitted in accordance with paragraph a of this section is not considered valid and complete for issuance of payment under this part unless FSA determines all the applicable eligibility provisions have been satisfied and the participant has submitted all required documentation by the application deadline date announced by FSA.
f Applicants must submit all eligibility forms as listed on the FSA
438 Oriental Fruit Fly Program OFF
Application within 60 calendar days from the date of submitting the application if not already on file with FSA.
756.8 Calculating OFF Program payments.

a A revenue loss calculation and factor will determine the OFF Program payment.
1 A factor will be applied to reduce the participants payment to ensure that total OFF Program payments are no more than 70 percent of the total revenue losses by all eligible OFF
Program participants.
2 If necessary, at the close of the OFF Program sign-up period, a national payment factor may be determined by
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the Secretary and announced if full payment of all approved OFF Program applications would result in payments in excess of available OFF Program funds, less a reserve amount of 3
percent. A Price Support Division SP
Notice will be issued to announce the issuance of OFF and, if applicable, the factored rate.
b1 The OFF Program payment calculation is:
Calendar year 2014 producer certified gross revenue Calendar year 2015 producer certified gross revenue + Calendar year 2014 producer certified gross revenue Calendar year 2016 producer certified gross revenue = Total revenue loss for calendar year 2015 and calendar year 2016
70%
= OFF Program payment subject to proration after sign-up, see paragraph a2 of this section 2 If the producer did not have 2014
revenue, then 2019 revenue will be used, and the calculation will be:
Calendar year 2019 producer certified gross revenue Calendar year 2015 producer certified gross revenue + Calendar year 2019 producer certified gross revenue Calendar year 2016 producer certified gross revenue = Total revenue loss for calendar year 2015 and calendar year 2016
70%
= OFF Program Payment subject to proration after sign-up, see paragraph a2 of this section c If there is no gross revenue loss determined for calendar year 2015 or calendar year 2016, the payment will be zero.
756.9 Availability of funds and timing of payments.

The total available program funds are $9 million as provided by Public Law 1166 the Consolidated Appropriations Act, 2019. OFF Program payments will be issued after all applications are received and FSA has approved the application.
756.10

Miscellaneous provisions.

a Producers who are approved for OFF Program payment will not be required to purchase future NAP or crop insurance for those crops affected by the quarantine as is often required by other disaster programs, because the Oriental fruit fly quarantine was not an eligible covered loss by NAP, and RMA does not offer quarantine as an endorsement in Florida.

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