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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
b All persons with a financial interest in a legal entity receiving payments under this part are jointly and severally liable for any refund, including related charges, that is determined to be due to FSA for any reason.
c In the event that any application under this part resulted from erroneous information or a miscalculation, the payment will be recalculated and any excess refunded to FSA with interest to be calculated from the date of disbursement.
d Any payment to any participant under this part will be made without regard to questions of title under State law, and without regard to any claim or lien against the commodity, or proceeds in favor of the owner or any other creditor except agencies of the U.S.
Government. The regulations governing offsets and withholding in part 3 of this title apply to payments under this part.
e Any participant entitled to any payment may assign any payments in accordance with regulations governing the assignment of payment in part 3 of this title.
f The regulations in part 11 of this title and part 780 of this chapter apply to determinations under this part.
756.12

Payment limitation.

a For the program year 2015, direct or indirect payments made to an eligible person or legal entity, other than a joint venture or general partnership, will not exceed $125,000.
b The attribution of payment provisions in 7 CFR 1400.105 will be used to attribute payments to persons and legal entities for payment limitation determinations.
756.13

Estates and trusts; minors.

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a A receiver of an insolvent debtors estate and the trustee of a trust estate will, for the purpose of this part, be considered to represent the insolvent affected producer or manufacturer and the beneficiaries of the trust, respectively.
1 The production of the receiver or trustee will be considered to be the production of the represented person.
2 Program documents executed by any such person will be accepted only if they are legally valid and such person has the authority to sign the applicable documents.
b Reserved 756.14
device.

Misrepresentation, scheme, or
a A producer will be ineligible to receive assistance under the OFF
Program if the producer is determined by the FSA State committee or FSA
county committee to have knowingly:

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1 Adopted any scheme or device that tends to defeat the purpose of the OFF Program;
2 Made any fraudulent representation; or 3 Misrepresented any fact affecting a determination under the OFF Program, then FSA will notify the appropriate investigating agencies of the United States and take steps deemed necessary to protect the interests of the Government.
b Any funds disbursed pursuant to this part to any person or operation engaged in a misrepresentation, scheme, or device, will be refunded to FSA. The remedies provided in this part are in addition to other civil, criminal, or administrative remedies that may apply.
756.15 Death, incompetency, or disappearance.

In the case of the death, incompetency, or disappearance of any affected producer who would otherwise receive an OFF Program payment, such payment may be made to the person or persons specified in the regulations in part 707 of this chapter. The person requesting such payment must file Form FSA325, Application for Payment of Amounts Due Persons Who Have Died, Disappeared, or Have Been Declared Incompetent, as provided in part 707.
756.16 Maintenance and inspection of records.

a Producers randomly selected for compliance spot checks by FSA must, in accordance with program notice instructions issued by the Deputy Administrator, provide adequate reports of revenue as applicable. The producer must report documentary evidence of crop revenue to FSA together with any supporting documentation to verify information entered on the application.
Verifiable documentation is preferred. If verifiable documentation is not available, FSA will accept reliable documentation, if determined to be acceptable by the FSA county committee.
b If supporting documentation is not presented to the county FSA office requesting the information within 30
calendar days of the request, producers will be determined ineligible for OFF
Program benefits.
c The producer must maintain any existing books, records, and accounts supporting any information furnished in an approved OFF Program application for 3 years following the end of the year during which the application for payment was filed.
d The producer must permit authorized representatives of the Department of Agriculture and the
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General Accounting Office, during regular business hours, to inspect, examine, and make copies of such books, records, and accounts.
756.17

Appeals.

Any producer who is dissatisfied with a determination made pursuant to this part may make a request for reconsideration or appeal of such determination in accordance with the appeal regulations in 7 CFR parts 11 and 780.
PART 760INDEMNITY PAYMENT
PROGRAMS
2. The authority citation for part 760
continues to read as follows:

Authority: 7 U.S.C. 4501 and 1531; 16
U.S.C. 3801, note; 19 U.S.C. 2497; Title III, Pub. L. 109234, 120 Stat. 474; Title IX, Pub.
L. 11028, 121 Stat. 211; Sec. 748, Pub. L.
11180, 123 Stat. 2131; Title I, Pub. L. 115
123, 132 Stat. 65; Title I, Pub. L. 11620, 133
Stat. 871; and Division B, Title VII, Pub. L.
11694, 133 Stat. 2658.

Subpart ADairy Indemnity Payment Program 3. The authority citation for subpart A
of part 760 continues to read as follows:

Authority: 7 U.S.C. 450jl.

4. Amend 760.2 as follows:
a. Add the definition for Contaminated milk, Depopulation, and Not marketable in alphabetical order; and b. Remove the definition of Violating Substance and add the definition of Violating substance in its place.
The additions read as follows:

760.2

Definitions.

Contaminated milk means milk containing elevated levels of any violating substance that may affect public health based on tests made by the applicable public agency and resulting in the removal of the milk from the commercial market.

Depopulation means, consistent with the American Veterinary Medical Association AVMA 1 definition, the rapid destruction of a population of cows with as much consideration given to the welfare of the animals as practicable.

Not marketable means no commercial market is available for affected cows to be slaughtered, processed, and marketed 1 The AVMA Guidelines for the Depopulation of Animals is available at: https www.avma.org/sites/
default/files/resources/AVMA-Guidelines-for-theDepopulation-of-Animals.pdf.

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