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 under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

19683 

Vol. 76, No. 68 

Friday, April 8, 2011 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Parts 622, 624 and 625 

Commodity Credit Corporation 

7 CFR Parts 1465 and 1470 

RIN 0578–AA56 

Conservation Program Recipient 

Reporting 

AGENCY: Natural Resources 

Conservation Service, Commodity 

Credit Corporation, United States 

Department of Agriculture. 

ACTION: Final rule. 

SUMMARY: The Office of Management 

and Budget (OMB) issued regulatory 

guidance to agencies to establish 

requirements for Federal financial 

assistance applicants, recipients, and 

sub-recipients that are necessary for the 

implementation of the Federal Funding 

Accountability and Transparency Act of 

2006 (the Transparency Act). OMB’s 

regulations require agencies that make 

awards of Federal financial assistance 

subject to the Transparency Act to 

include the requirements identified in 

each regulation that has application or 

plan due dates after October 1, 2010. 

The Watershed Operations and Flood 

Prevention Program, Emergency 

Watersheds Protection Program, Healthy 

Forests Reserve Program, Agricultural 

Management Assistance Program, and 

the Conservation Stewardship Program 

have application or plan due dates after 

October 1, 2010, and therefore, the 

Natural Resources Conservation Service 

(NRCS) is incorporating the 

Transparency Act’s recipient 

registration and reporting requirements 

into these programs’ regulations. These 

changes, the terms of which are not 

subject to agency discretion, are 

mandatory. 

DATES: Effective Date: The rule is 

effective April 8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Martha Joseph, Special Assistant, 

Easements and Landscape Planning, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 5109 

South Building, Washington, DC 20250; 

Telephone: (202) 205–7704; or E-mail: 

martha.joseph@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

OMB published two regulations, 2 

CFR parts 25 and 170, to assist agencies 

and recipients of Federal financial 

assistance to comply with the 

Transparency Act (Pub. L. 109–282, as 

amended). Both regulations have 

implementation requirements beginning 

October 1, 2010. 

The regulations at 2 CFR part 25 

require, with some exceptions, 

recipients of Federal financial assistance 

to apply for and receive a Dun and 

Bradstreet Universal Numbering 

Systems (DUNS) number and register in 

the Central Contractor Registry. Section 

25.200(a) of Title 2 of the CFR requires 

each agency to include the registration 

requirements identified in part 25 in 

each regulation that has application or 

plan due dates after October 1, 2010. 

The regulations at 2 CFR part 170 

establish new requirements for Federal 

financial assistance applicants, 

recipients, and subrecipients. The 

regulation provides standard wording 

that each agency must include in its 

awarding of financial assistance that 

requires recipients to report information 

about first-tier subawards and executive 

compensation under those awards. 

Section 170.200(a) of Title 2 of the CFR 

requires each agency that makes awards 

of Federal financial assistance subject to 

the Transparency Act to include the 

requirements identified in part 170 in 

each regulation that has application or 

plan due dates after October 1, 2010. 

NRCS has determined that 2 CFR 

parts 25 and 170 apply to certain awards 

of financial assistance provided under 

the Watershed Operations and Flood 

Prevention Program (7 CFR part 622), 

Emergency Watershed Protection 

Program (7 CFR part 624), Healthy 

Forests Reserve Program (7 CFR part 

625), Agricultural Management 

Assistance Program (7 CFR part 1465), 

and the Conservation Stewardship 

Program (7 CFR part 1470). Since these 

conservation programs either have 

continuous application periods or will 

have an application due date after 

October 1, 2010, NRCS determined that 

each of its program regulations under 

which NRCS provides Federal financial 

assistance must be amended to 

incorporate this requirement 

immediately. 

Several of NRCS’ other conservation 

programs have pending or recently 

promulgated rulemaking, and NRCS is 

incorporating parts 25 and 170 

requirements as these pending rules are 

cleared and published. These pending 

rules are final rules to implement the 

Environmental Quality Incentives 

Program (7 CFR part 1466—pending), 

Farm and Ranch Lands Protection 

Program (7 CFR part 1491—published 

January 24, 2011), Grassland Reserve 

Program (7 CFR part 1415—published 

November 29, 2010), Wildlife Habitat 

Incentive Program (7 CFR part 636— 

published November 23, 2010), and the 

Wetlands Reserve Program (7 CFR part 

1467—pending). 

This final rule incorporates this 

mandated change into the regulations 

implementing the Watershed Operations 

and Flood Prevention Program, 

Emergency Watershed Protection 

Program, Healthy Forests Reserve 

Program, Agricultural Management 

Assistance Program, and the 

Conservation Stewardship Program. 

These changes are non-discretionary on 

the part of the agency, and thus, no 

public comments are being solicited. 

Executive Order 12866 

This final rule does not meet the 

criteria for a significant regulatory 

action as specified in Executive Order 

12866. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act is not 

applicable to this final rule because 

neither the Commodity Credit 

Corporation (CCC) nor 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. 

Paperwork Reduction Act 

The General Services Administration 

has recently published the information 

collections for public comment that 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
19684 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 

provide the specific data elements 

required for the Transparency Act 

reporting of subawards and executive 

compensation [75 FR 43165]. 

Unfunded Mandates Reform Act of 

1995 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4, NRCS assessed the affects of 

this rulemaking action on State, local, 

and Tribal governments, and the public. 

This action does not compel the 

expenditure of $100 million or more in 

any one year (adjusted by inflation) by 

any State, local, or Tribal governments, 

or anyone in the private sector; 

therefore, a statement under section 202 

of the Unfunded Mandates Reform Act 

of 1995 is not required. 

List of Subjects in 7 CFR Parts 622, 624, 

625, 1465 and 1470 

Administrative practice and 

procedures, Cooperative agreements, 

Farmers, Federal aid programs, 

Reporting and recordkeeping 

requirements. 

Accordingly, 7 CFR parts 622, 624, 

625, 1465, and 1470 are amended as 

follows: 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: Pub. L. 83–566, 68 Stat. 666 as 

amended (16 U.S.C. 1001, et seq.); Pub. L. 

78–534, 58 Stat. 889, 33 U.S.C. 701b–1. 

■ 2. Section 622.30 is amended by 

adding a new paragraph (d) to read as 

follows: 

§ 622.30 General. 

* * * * * 

(d) Sponsors who receive financial 

assistance awarded after October 1, 

2010, must comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 3. The authority citation for part 624 

continues to read as follows: 

Authority: Sec. 216, Pub. L. 81–516, 33 

U.S.C. 701b–1; Sec. 403, Pub. L. 95–334, as 

amended, 16 U.S.C. 2203; 5 U.S.C. 301. 

■ 4. Section 624.6 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 624.6 Program administration. 

(a) * * * 

(2) Sponsors must: 

(i) Contribute their share of the project 

costs, as determined by NRCS, by 

providing funds or certain services 

necessary to undertake the activity. 

Contributions that may be applied 

towards the sponsor’s applicable costshare of construction costs include: 

(A) Cash; 

(B) In-kind services such as labor, 

equipment, design, surveys, contract 

administration and construction 

inspection, and other services as 

determined by the State Conservationist; 

or 

(C) A combination of cash and in-kind 

services; 

(ii) Obtain any necessary real property 

rights, water rights, and regulatory 

permits; 

(iii) Agree to provide for any required 

operation and maintenance of the 

completed emergency measures; and 

(iv) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 5. The authority citation for part 625 

continues to read as follows: 

Authority: 16 U.S.C. 6571–6578. 

■ 6. Section 625.4 is amended by 

revising paragraph (b) to read as follows: 

§ 625.4 Program requirements. 

* * * * * 

(b) Landowner eligibility. To be 

eligible to enroll an easement in the 

HFRP, an individual or entity must: 

(1) Be the landowner of eligible land 

for which enrollment is sought; 

(2) Agree to provide such information 

to NRCS, as the agency deems necessary 

or desirable, to assist in its 

determination of eligibility for program 

benefits and for other program 

implementation purposes; and 

(3) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 7. The authority citation for part 1465 

continues to read as follows: 

Authority: 7 U.S.C. 1524(b). 

■ 8. Section 1465.5 is amended by 

revising paragraphs (c)(10) and (c)(11) 

and adding a new paragraph (c)(12) to 

read as follows: 

§ 1465.5 Program requirements. 

* * * * * 

(c) * * * 

(10) Be in compliance with the terms 

of all other USDA-administered 

conservation program agreements to 

which the participant is a party; 

(11) Develop and agree to comply 

with an APO and O&M agreement, as 

described in § 1465.3; and 

(12) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 9. The authority citation for part 1470 

continues to read as follows: 

Authority: 16 U.S.C. 3838d–3838g. 

■ 10. Section 1470.6 is amended by 

revising paragraphs (a)(4) and (a)(5) and 

adding a new paragraph (a)(6) to read as 

follows: 

§ 1470.6 Eligibility requirements. 

(a) * * * 

(4) Supply information, as required by 

NRCS, to determine eligibility for the 

program, including but not limited to, 

information related to eligibility 

requirements and ranking factors, 

conservation activity and production 

system records, information to verify the 

applicant’s status as a historically 

underserved producer, if applicable, 

and payment eligibility as established 

by 7 CFR part 1400; 

(5) Provide a list of all members of the 

legal entity and embedded entities along 

with members’ tax identification 

numbers and percentage interest in the 

entity. Where applicable, American 

Indians, Alaska Natives, and Pacific 

Islanders may use another unique 

identification number for each 

individual eligible for payment; and 

(6) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

Signed this 31st day of March 2011, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. 2011–8368 Filed 4–7–11; 8:45 am] 

BILLING CODE 3410–16–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 306 

Automotive Fuel Ratings Certification 

and Posting 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 


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