CFR

1416.404—Payment calculations.

(a) Payments will be calculated by multiplying the number of net acres in each tier times the applicable payment rate, as determined by CCC, times the producer's share of the loss. The number of net acres is determined by subtracting drainage ditches, canals, and other such land uses from the planted fruit and vegetable acres. The following table provides the applicable payment rates for producers with crop insurance or NAP coverage and those without coverage:

	Producers withinsurance or NAPcoverage		Producers withoutinsurance or NAPcoverage
	Plasticulture	Other than plasticulture	Plasticulture	Other than plasticulture
Tier I	$3,750	$1,125	$3,560	$1,070
Tier II	2,500	750	2,375	710
Tier III	1,500	450	1,425	425
Tier IV	250	75	235	70

(b) The percentage of the payment for fruit and vegetable crops that are subject to the payment limitation and AGI provisions are:

Tier I—94.6667 percent

Tier II—94 percent

Tier III—93.3333 percent

Tier IV—0 percent

(c) The percentage of the payment for fruit and vegetable crops that are not subject to the payment limitation and AGI provisions are:

Tier I—5.3333 percent

Tier II—6 percent

Tier III—6.6667 percent

Tier IV—0 percent

(d) In addition to the prohibition in § 1416.6(g) a producer may not receive duplicate benefits under this subpart and subpart H of this part, the 2005 Hurricanes Tree Assistance Program.

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