(a) Payments made under this subpart to a participant for a loss to yield-based crops, including losses due to prevented planting, subject to § 760.1514(i) and (j), are determined for a unit by:
(1) Multiplying the eligible acres by the 2017 WHIP yield in paragraph (c) of this section or the WHIP+ yield in paragraph (d) of this section by the price;
(2) Multiplying the result from paragraph (a)(1) of this section by the applicable 2017 WHIP factor or WHIP+ factor in paragraph (b) of this section;
(3) Multiplying the applicable production in paragraph (d) of this section by the price;
(4) Subtracting the result from paragraph (a)(3) of this section from the result of paragraph (a)(2) of this section;
(5) Multiplying the result from paragraph (a)(4) of this section by the participant's share in paragraph (e) of this section;
(6) Multiplying the result from paragraph (a)(5) of this section by the applicable payment factor in paragraph (g) of this section;
(7) Subtracting the amount of the gross insurance indemnity or NAP payment from the result from paragraph (a)(6) of this section;
(8) Subtracting the secondary use or salvage value of the crop from the result from paragraph (a)(7) of this section; and
(b) If the NAP or crop insurance coverage is at the coverage level listed in the first column, then the 2017 WHIP factor is listed in the second column, and the WHIP+ factor is listed in the third column:
Table 1 to § 760.1511(b)
| Coverage level | 2017 WHIP factor (percent) |
WHIP+ factor (percent) |
|---|---|---|
| (1) No crop insurance or No NAP coverage | 65 | 70 |
| (2) Catastrophic coverage | 70 | 75 |
| (3) More than catastrophic coverage but less than 55 percent | 72.5 | 77.5 |
| (4) At least 55 percent but less than 60 percent | 75 | 80 |
| (5) At least 60 percent but less than 65 percent | 77.5 | 82.5 |
| (6) At least 65 percent but less than 70 percent | 80 | 85 |
| (7) At least 70 percent but less than 75 percent | 85 | 87.5 |
| (8) At least 75 percent but less than 80 percent | 90 | 92.5 |
| (9) At least 80 percent | 95 | 95 |
(c) The 2017 WHIP yield is:
(1) The producer's APH for insured crops under a crop insurance policy that has an associated yield and for NAP covered crops, excluding all crops located in Puerto Rico;
(2) The county expected yield for crops located in Puerto Rico and uninsured crops, excluding citrus crops located in Florida; or
(3) For uninsured citrus crops located in Florida:
(i) Determined based on information provided on FSA-893 and supported by evidence that meets the requirements of § 760.1513(c), or
(ii) If FSA-893 and supporting documentation are not submitted, the county expected yield.
(d) The WHIP+ yield is:
(1) The producer's APH for insured crops under a crop insurance policy that has an associated yield and for NAP covered crops, excluding all crops located in Puerto Rico;
(2) The county expected yield for crops located in Puerto Rico and uninsured crops, excluding select crops; or
(3) For select crops:
(i) Determined based on information provided on FSA-897 and supported by evidence that meets the requirements of § 760.1513(c), or
(ii) If FSA-897 and supporting documentation are not submitted, the county expected yield.
(e) The production used to calculate a payment under this subpart will be determined as specified in § 760.1513.
(f) The eligible participant's share of a payment under this subpart is based on the participant's ownership entitlement share of the crop or crop proceeds, or, if no crop was produced, the share of the crop the participant would have received if the crop had been produced. If the participant has no ownership share of the crop, the participant is ineligible for payment.
(g) Payment factors will be used to calculate payments for crops produced with significant and variable production and harvesting expenses that are not incurred because the crop acreage was prevented planted, or planted but not harvested, as determined by FSA. The use of payment factors is based on whether the crop acreage was unharvested or prevented planted, not whether a participant actually incurs or does not incur expenses. Payment factors are generally applicable to all similarly situated participants and are not established in response to individual participants. Accordingly established payment factors are not appealable under parts 11 and 780 of this title. A crop that is intended for mechanical harvest, but subsequently grazed and not mechanically harvested, will have an unharvested payment factor applied.
(h) Production from all end uses of a multi-use crop will be calculated separately and summarized together.
[83 FR 33801, July 18, 2018, as amended 84 FR 48530, Sept. 13, 2019; 86 FR 446, Jan. 6, 2021]