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70704

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations
indemnification established for dairy cows, per head. For example, for a 100cow farm: 100 cows multiplied by $1,300 2021 LIP rate based on 100
percent value of average cow =
$130,000 payment.
e For any cow indemnification payment under this section or 760.11, the affected farmer has the option to receive 50 percent of calculated payment in advance after application approval with the remaining fifty percent paid after the affected cows have been depopulated and removed.
Otherwise, the affected farmer may choose to receive 100 percent of payment after cows have been depopulated and removed. Documented records of depopulation and removal of affected cows must be provided to FSA
to the satisfaction of the county committee, before the final payment will be made.
f Upon written request from an affected farmer on a form authorized by the Deputy Administrator, the Deputy Administrator may approve, at the Deputy Administrators discretion, indemnification of additional affected cows as specified in paragraphs f1
through 3 of this section.
1 The affected cows were depopulated or died above normal mortality rates for cows between approval of the affected farmers application for the first month of milk indemnity and public agency approval of the affected farmers removal plan for cow indemnification. Normal mortality rates established annually by the FSA
State committee for their state for the following cow and heifer weight groups will be used:
i Dairy, nonadult less than 400
pounds;
ii Dairy, nonadult 400 pounds or more; and iii Dairy, adult cow.
2 This request may include both cows that were included in applications for milk indemnity and heifers that were affected from the same loss.
3 An affected farmer making such a request must submit the information specified in 760.12c.
g Affected cows that are marketed as cull or for breeding are not eligible for indemnification.
10. Add 760.11 to read as follows:

participating affected farmers may receive indemnification if the farmers dairy cows were determined to be likely not marketable for three months or longer according to 760.10a and the Deputy Administrator determines the bred and open heifers to be eligible under paragraph b of this section.
Except as provided in this section or otherwise stated in this subpart, the provisions in this subpart for cow indemnity apply equally to bred and open heifers, for example the removal requirements in 760.10b.
b The county committee will make the recommendation to the Deputy Administrator to determine if eligible bred and open heifers that have been affected by the same loss will likely be not marketable for 3 months or longer from the date the affected farmer submits an application for cow indemnification per 760.13 because of elevated levels of chemical residues that will pass through milk once lactating.
Affected farmers must provide the information specified in 760.12a and b for the county committee to make a recommendation of eligibility to the Deputy Administrator. The Deputy Administrator will take into consideration the recommendation of the county committee in making its eligibility determination.
c The amount of the cow indemnity for bred and open heifers will be based on the national average fair market value of the non-adult heifers. DIPP
bred and open heifer indemnification will be based on the 100 percent value of the Livestock Indemnity Program LIP rates as applicable for the calendar year of milk indemnification established for non-adult dairy, by weight range, per head. For example, for an affected farmer with 40 bred or open heifers at different weight ranges: 10 bred heifers at 800 pounds or more multiplied by $986.13 $9861.30, 10 bred or open heifers at 400 to 799 pounds multiplied by $650.00 $6500.00, 10 open heifers at 250 to 399 pounds multiplied by $325.00 $3250.00, and 10 open heifers 250 pounds or less multiplied by $57.65
$576.50 = $20,187.80 payment.
11. Add 760.12 to read as follows:

760.11 Indemnity payments for bred and open heifers.

a To apply for DIPP for affected cows, the affected farmer must provide the county committee complete and accurate information to enable the Deputy Administrator to make the determinations required in this subpart in addition to providing the information requested in 760.6a, b, h, and i, if not previously provided to FSA in a
a Bred young dairy female in gestation and open young dairy female not in gestation heifers that contain elevated levels of chemical residues as the result of the same loss may be eligible for indemnification through DIPP. For affected bred and open heifers
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760.12 Information to be furnished for payment on dairy cows, and bred and open heifers.

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milk indemnity application. The information specified in this section must be submitted as part of the cow indemnity application and includes, but is not limited to, the following items:
1 An inventory of all dairy cows as of the date of application including lactating cows, bred heifers, and open heifers on the farm;
2 A detailed description and timeline of how, where, and when cows will be depopulated and permanently removed from the farm the removal plan;
3 Documentation of public agency approval of the removal plan for cow depopulation and cow and contaminate disposal in accordance with any applicable EPA and public agency disposal requirements and guidelines;
4 Documentation from 2 separate commercial markets stating that such market declined to accept the affected cows through a cull cow market, slaughter facility, or processing facility due to elevated levels of chemical residues;
5 Documentation of any projected timelines for reducing chemical residues, any actions the affected farmer has taken to reduce chemical residues to marketable levels including any documents verifying steps undertaken, and any professional assistance obtained, including, discussion of strategy with the public agencies; and 6 Any other documentation that may support the determination that the affected cows or milk from such cows is likely to be not marketable for longer than 3 months; and other documentation as requested or determined to be necessary by the county committee or the Deputy Administrator.
b To apply for DIPP for bred and open heifers the affected farmer must provide the information specified in paragraph a of this section and:
veterinarian records, blood test results, and other testing information requested by the county committee for the recommendation specified in 760.11b and eligibility for indemnification.
c To request consideration for indemnification of affected cows and heifers under 760.10e, the affected farmer must submit the information specified in paragraphs c1 and 2 of this section to provide an accounting of affected cows and heifers that were depopulated or died above normal mortality rates for cows between approval of the affected farmers application for the first month of milk indemnity and the public agency approval of the affected farmers removal plan for cow indemnification.

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