[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Rules and Regulations]
[Pages 25615-25617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12562]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1466
RIN 0578-AA45
Environmental Quality Incentives Program; Amendment
AGENCY: Natural Resources Conservation Service and Commodity Credit
Corporation, United States Department of Agriculture.
ACTION: Interim final rule; amendment; extension of comment period.
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SUMMARY: The Commodity Credit Corporation (CCC) published in the
Federal Register of January 15, 2009, an interim final rule with
request for comment amending the program regulations for the
Environmental Quality Incentives Program (EQIP) to incorporate
programmatic changes authorized by the Food, Conservation, and Energy
Act of 2008 (2008 Act). On March 12, 2009, CCC corrected language in
the interim final rule regarding the erroneous application of the
payment limitation provisions to joint operations, and extended the
comment period to April 17, 2009. This document amends the interim
final rule by expanding the ability of CCC to include an expansion of
the exception regarding conservation practices on public land. CCC is
also using the opportunity presented by this rulemaking to extend the
comment period. However, the extended comment period is limited to the
provisions in this amendment.
DATES: This amendment is effective on May 29, 2009. Submit comments on
or before June 29, 2009.
ADDRESSES: You may send comments (identified by Docket Number NRCS-IFR-
08005), which will be available to the public in their entirety, using
any of the following methods:
Government-wide rulemaking Web site: Go to http://regulations.gov and follow the instructions for sending comments
electronically.
Mail: Financial Assistance Programs Division, U.S.
Department of Agriculture, Natural Resources Conservation Service, 1400
Independence Avenue, SW., Room 5237 South Building, Washington, DC
20250-2890.
Fax: (202) 720-4265.
Hand Delivery: USDA South Office Building, 1400
Independence Avenue, SW., Room 5237, Washington, DC 20250, between 9
a.m. and 4 p.m., Monday through Friday, except Federal Holidays.
This interim final rule may be accessed via Internet.
Users can access the NRCS homepage at http://www.nrcs.usda.gov/; select
the Farm Bill link from the menu; and select the Interim final link
from beneath the Final and Interim Final Rules Index title. Persons
with disabilities who require alternative means for communication
(Braille, large print, audio tape, etc.) should contact the USDA TARGET
Center at: (202) 720-2600 (voice and TDD).
To view public comments, please ask the guard at the entrance to
the South Office Building to call (202) 720-4527 in order to be
escorted into the building.
FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial
Assistance Programs Division, U.S. Department of Agriculture, Natural
Resources Conservation Service, Room 5237 South Building, P.O. Box
2890, Washington, DC 20013-2890; Phone: (202) 720-1845; Fax: (202) 720-
4265.
SUPPLEMENTARY INFORMATION:
Regulatory Certifications
Executive Order 12866
Pursuant to Executive Order 12866 (FR Doc. 93-24523, September 30,
1993), the interim final rule published on January 15, 2009, is an
economically significant regulatory action, and NRCS conducted an
economic analysis of the potential impacts associated with this
program. The administrative record is available for public inspection
in Room 5831 South Building, USDA, 1400 and Independence Avenue, SW.,
Washington, DC NRCS reviewed the economic analysis prepared for the
January 15, 2009, interim final rule and determined that the provisions
of this interim final rule do not alter the assessment and the findings
that were originally prepared. A copy of the analysis is available upon
request from the Director, Financial Assistance Programs Division,
Natural Resources Conservation Service, Room 5237 South Building,
Washington, DC 20250-2890 or electronically at: http://www.nrcs.usda.gov/programs/eqip/under the EQIP Rules and Notices with
Supporting Documents title.
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)
Section 2904(c) of the 2008 Act requires that the Secretary use the
authority in section 808(2) of title 5, United States Code, which
allows an agency to forego SBREFA's usual 60-day congressional review
delay of the effective date of a major regulation if the agency finds
that there is a good cause to do so. NRCS hereby determines that it has
good cause to do so in order to meet the congressional intent to have
the conservation programs, authorized or amended by Title II, in effect
as soon as possible. Accordingly, this rule is effective upon filing
for public inspection by the Office of the Federal Register.
Executive Order 13175
This interim final rule has been reviewed in accordance with
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. NRCS has assessed the impact of this interim final rule on
Indian Tribal Governments and has concluded that this rule will not
have substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes.
Regulatory Flexibility Act
The Regulatory Flexibility Act is not applicable to this interim
final rule because neither the CCC nor the Natural Resources
Conservation Service (NRCS) is required by 5 U.S.C. 553, or by any
other provision of law, to publish a notice of proposed rulemaking with
respect to the subject matter of this rule.
Environmental Analysis
Availability of the Environmental Assessment (EA) and Finding of No
Significant Impact (FONSI). A
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programmatic environmental assessment has been prepared in association
with the January 15, 2009, interim final rule. The provisions of this
interim final rule do not alter the assessment and the findings that
were originally prepared. The analysis had determined that there would
not be a significant impact to the human environment and as a result an
Environmental Impact Statement was not required to be prepared (40 CFR
1508.13). The EA and FONSI are available for review and comment for an
additional 30 days from the date of publication of this amendment to
the interim final rule in the Federal Register. A copy of the EA and
FONSI may be obtained from the following Web site: http://www.nrcs.usda.gov/programs/Env_Assess/. A hard copy may also be
requested from the following contact and address: National
Environmental Coordinator, Natural Resources Conservation Service,
Ecological Sciences Division, 1400 Independence Ave., SW., Washington,
DC 20250. Comments from the public should be specific and reference
that comments provided are on the EA and FONSI. Public comment may be
submitted by any of the following means: (1) E-mail comments to
[email protected], (2) e-mail to egov Web site--http://www.regulations.gov, or (3) written comments to: National Environmental
Coordinator, Natural Resources Conservation Service, Ecological
Sciences Division, 1400 Independence Ave., SW., Washington, DC 20250.
Civil Rights Impact Analysis
NRCS determined through a Civil Rights Impact Analysis that the
January 15, 2009, interim final rule disclosed no disproportionately
adverse impacts for minorities, women, or persons with disabilities.
The provisions of this interim final rule do not alter the assessment
and the findings that were originally prepared.
Paperwork Reduction Act
Section 2904 of the 2008 Act provides that the promulgation of
regulations and the administration of Title II of this Act shall be
made without regard to chapter 35 of Title 44 of the United States
Code, also known as the Paperwork Reduction Act. Therefore, NRCS is not
reporting recordkeeping or estimated paperwork burden associated with
this amendment or the January 15, 2009, interim final rule.
Government Paperwork Elimination Act
NRCS is committed to compliance with the Government Paperwork
Elimination Act, which requires Government agencies, in general, to
provide the public the option of submitting information or transacting
business electronically to the maximum extent possible. To better
accommodate public access, NRCS has developed an online application and
information system for public use.
Executive Order 12988
This interim final rule has been reviewed in accordance with
Executive Order 12988, Civil Justice Reform. The provisions of this
interim final rule are not retroactive. The provisions of this interim
final rule preempt State and local laws to the extent that such laws
are inconsistent with this interim final rule. Before an action may be
brought in a Federal court of competent jurisdiction, the
administrative appeal rights afforded persons at parts 614, 780, and 11
of this title must be exhausted.
Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994
The Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994, Title III, section 304, requires that for
each proposed major regulation with a primary purpose to regulate
issues of human health, human safety, or the environment, USDA is to
publish an analysis of the risks addressed by the regulation and the
costs and benefits of the regulation. NRCS has determined that such a
risk assessment does not apply to this interim final rule. NRCS
recognizes that although such assessments can be quite helpful, the Act
pertains only to a rule that has been designated as a ``proposed major
regulation.'' NRCS does not consider ``interim final'' or ``final''
rules as falling into the category of proposed major regulations.
Unfunded Mandates Reform Act of 1995
NRCS assessed the effects of the January 15, 2009, rulemaking
action on State, local, and Tribal Governments, and the public. NRCS
determined that such action did not compel the expenditure of $100
million or more in any one year (adjusted for inflation) by any State,
local, Tribal Governments, or anyone in the private sector.
Additionally, the provisions of this interim final rule do not alter
this determination. Therefore, a statement under section 202 of the
Unfunded Mandates Reform Act of 1995 is not required.
Background
The CCC published an interim final rule in the Federal Register of
January 15, 2009, (74 FR 2293) amending the program regulations for
EQIP found at 7 CFR part 1466. NRCS published a correction to the
interim final rule in the Federal Register on March 12, 2009, to
address the incorrect application of the $300,000 payment limitation to
joint operations.
Under the January 15, 2009, interim final rule (IFR), NRCS, on
behalf of CCC, can make an EQIP payment for implementation of a
conservation practice on public land provided that the public land is a
working component of the participant's agricultural and forestry
operation, the participant has control of the land for the term of the
contract, and the conservation practice on public land would contribute
to an improvement in the identified resource concern that is on private
land. NRCS includes in this Amendment to the IFR an expansion of this
exception regarding conservation practices on public land. In
particular, NRCS is removing the requirement that the benefit of the
conservation practice on public land address an identified resource
concern that is on private land. NRCS has determined that the EQIP
statute should not be interpreted so narrowly to preclude the ability
of private landowners to enroll part of their overall agricultural or
forestry operation simply because the resource concerns exist on land,
though held by a public agency, that is managed as part of the private
landowner's operation pursuant to a long-term lease from a public
agency.
Therefore, NRCS is amending the January 15, 2009, IFR to authorize
an EQIP contract to include conservation practices that address an
identified resource concern on public land where a participant manages
such lands as a working component of their agricultural or forestry
operation, and the participant has control of the land for the term of
the EQIP contract.
0
For the reasons stated in the preamble, the CCC amends part 1466 of
Title 7 of the Code of Federal Regulations as set forth below:
PART 1466--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
0
1. The authority citation for part 1466 continues to read as follows:
Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3839aa-3839aa-8.
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2. Amend Sec. 1466.8 by revising paragraph (c)(2)(iii) to read as
follows:
Sec. 1466.8 Program requirements.
* * * * *
(c) * * *
(2) * * *
(iii) The conservation practices to be implemented on the public
land are necessary and will contribute to an improvement in the
identified resource concern; or
* * * * *
Signed this 22 day of May 2009, in Washington, DC.
Leonard Jordan,
Acting Vice President, Commodity Credit Corporation and Acting Chief,
Natural Resources Conservation Service.
[FR Doc. E9-12562 Filed 5-28-09; 8:45 am]
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