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

60283

Vol. 69, No. 159

Friday, October 8, 2004

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 611

Soil Surveys

AGENCY: Natural Resources 

Conservation Service, USDA.

ACTION: Final rule.

SUMMARY: The Natural Resources 

Conservation Service, United States 

Department of Agriculture, is amending 

soil survey regulations to reflect current 

law and contemporary conditions. The 

new rule clarifies soil survey operations 

and content of soil survey information; 

increases flexibility in disseminating 

soil surveys, including electronic 

dissemination; eliminates specific 

requirements to print and distribute soil 

survey reports; and corrects mailing 

addresses. 

These amendments are noncontroversial changes to an existing 

regulation and are required to bring the 

regulation in conformity with statue. 

Therefore, NRCS believes that public 

notice is not needed and hereby issuing 

a final rule.

DATES: Effective October 8, 2004.

FOR FURTHER INFORMATION CONTACT:

Russell Kelsea, National Leader for Soil 

Survey Technical Services, National 

Soil Survey Center, Natural Resources 

Conservation Service, 100 Centennial 

Mall North, Lincoln, Nebraska 68508, 

telephone 402–437–5878, email 

russ.kelsea@nssc.nrcs.usda.gov.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

The office of Management and Budget 

has determined that this final rule is not 

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 the 

Natural Resources Conservation Service 

is not required by 5 U.S.C. 533, or any 

other provision of law, to publish a 

notice of proposed rule making with 

respect to the subject matter of this rule. 

Paperwork Reduction Act and 

Government Paperwork Elimination 

Act (GPEA) 

No recordkeeping or reporting burden 

is associated with this rule. NRCS is 

committed to compliance with GPEA, 

which requires Government agencies, in 

general, to provide the public the option 

of submitting information or transacting 

business electronically to the maximum 

extent possible. This rule furthers the 

purposes of GPEA by providing for the 

electronic dissemination of soil survey 

information. 

Executive Order 12988

This final rule meets the applicable 

standards of Executive Order 12988. 

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 effects 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 by 

any State, local, or Tribal governments, 

or anyone in the private sector and, 

therefore, a statement under section 202 

of the Unfunded Mandates Reform Act 

of 1995 is not required. 

Discussion 

Title 7, Code of Federal Regulations, 

part 611 implements authorities 

provided under several public laws. 

Public 74–46 (16 U.S.C. 590a–590f, 

590q) authorizes USDA to conduct soil 

surveys and publish the results of such 

surveys. Public Law 89–560 (42 U.S.C. 

3271–3274) directs USDA to make soil 

surveys available to meet the needs of 

States and other public agencies in 

connection with community planning or 

natural resource development. 

Since 1968, Public Law 90–620 (at 44 

U.S.C. 1342) specified that USDA would 

publish soil survey reports, printed by 

the Government Printing Office and 

bound in paper covers. However, that 

provision was repealed in 1996 by 

Section 384 of the Federal Agriculture 

Improvement and Reform Act of 1996, 

Public Law 104–127. 

Given the repeal of 44 U.S.C. 1342, 

there is nothing in law that requires 

printing of soil survey information in 

the traditional, paper-bound, published 

soil survey format. Rather, 42 U.S.C. 

3271 specifies that USDA should make 

soil survey information available to 

meet the needs of States and other 

public agencies. Many States and other 

agencies now require soil survey 

information in electronic format for use 

in geographic information systems or 

other database systems. Therefore, the 

existing rule in 7 CFR 611 is 

unnecessarily restrictive and is hereby 

being updated to reflect current 

technologies, user needs, and changes in 

law. The new rule does not prohibit 

USDA from printing soil surveys nor 

does it require that NRCS change 

operational procedures or practices. 

Instead, this final rule provides USDA 

with flexibility to reduce costs, improve 

services, and meet e-Government 

initiatives.

List of Subjects in 7 CFR Part 611

Soil conservation.

■ Accordingly, for the reasons stated in 

the preamble, 7 CFR part 611 is revised 

to read as follows:

PART 611—SOIL SURVEYS

Subpart A—General 

Sec. 

611.1 Purpose and scope.

611.2 Cooperative relationships.

Subpart B—Soil Survey Operations 

611.10 Standards, guidelines, and plans. 

611.11 Soil survey information.

Subpart C—Cartographic Operations 

611.20 Function. 

611.21 Availability of aerial photography. 

611.22 Availability of satellite imagery.

Authority: 16 U.S.C. 590a–590f, 590q, 42 

U.S.C. 3271–3274.

Subpart A—General

§ 611.1 Purpose and scope. 

(a) This part sets forth policy on soil 

survey operations of the Natural 

Resources Conservation Service (NRCS). 

(b) NRCS is responsible for soil survey 

activities of the U.S. Department of 

Agriculture (USDA). A soil survey 

provides:

60284 Federal Register / Vol. 69, No. 159 / Friday, October 8, 2004 / Rules and Regulations 

(1) An orderly, on-the-ground, 

scientific inventory of soil resources 

according to their potentialities and 

problems of use; and 

(2) Information about each kind of soil 

in sufficient detail to meet all 

reasonable needs of farmers, agricultural 

technicians, community planners, 

engineers, and scientists in planning 

and transferring the findings of research 

and experience to specific land areas.

§ 611.2 Cooperative relationships. 

(a) Soil surveys on nonfederal lands 

are carried out cooperatively with State 

agricultural experiment stations and 

other State agencies. The cooperative 

effort is evidenced in a memorandum of 

understanding setting forth guidelines 

for actions to be taken by each 

cooperating party in the performance of 

soil surveys. Similar cooperative 

arrangements exist between NRCS and 

other Federal agencies for soil surveys 

on Federal lands. 

(b) Arrangements for nonfederal 

financial participation in the cost of soil 

surveys may be made with States, 

counties, soil conservation districts, 

planning agencies,, and other local 

groups.

Subpart B—Soil Survey Operations

§ 611.10 Standards, guidelines, and plans. 

(a) NRCS conducts soil surveys under 

national standards and guidelines for 

naming, classifying, and interpreting 

soils and for disseminating soil survey 

information. 

(b) A soil survey Memorandum of 

Understanding (MOU) is prepared prior 

to the start of each soil survey project, 

or a work plan is prepared for soil 

survey maintenance activities. These 

documents provide specific details and 

technical specifications to support the 

interpretive and data needs of the area 

to be surveyed. The MOU is signed by 

representatives of NRCS, land grant 

universities, and in some States 

representatives of other State agencies. 

Federal land administering agencies 

also sign the MOU if federal lands are 

included in the survey.

§ 611.11 Soil survey information. 

(a) Availability. NRCS disseminates 

soil survey information to the public by 

any of the means described in paragraph 

(d) of this section. NRCS makes soil 

survey information available as soon as 

is practicable following field work or 

other soil survey activity that provides 

new soil survey information. 

(b) Content. Soil survey information 

conforms with standards and meets the 

needs identified in the soil survey MOU 

or work plan as described in § 611.10 of 

this part. Soil survey information 

includes: (1) Soil maps that delineate 

the location and extent of various soil 

areas; 

(2) Soil characteristics for each of the 

soil areas shown on soil maps; 

(3) Interpretations of the soil 

characteristics; and 

(4) Information about the source, 

version, and applicability or limitations 

associated with the soil survey 

information. 

(c) Maintenance. Soil survey 

information is reviewed on a periodic 

basis to ensure that the information 

continues to meet evolving needs. 

(d) Distribution. Soil survey 

information is disseminated to the 

public through electronically accessible 

maps and reports, electronic access to 

data files, or printed documents. To the 

extent practicable, as limited by 

commonly accepted technology, soil 

survey information is disseminated in 

electronic form. 

(e) Resource conservation plan data.

Information prepared specifically for 

use in developing resource conservation 

plans for soil conservation district 

cooperators is considered confidential. 

Soil maps and interpretations prepared 

for this use will not be made available 

to others without the consent of the 

landowner as well as the district 

governing body. However, soil survey 

information from which the 

conservation plan was developed may 

be disseminated as described in 

paragraph (a) of this section.

Subpart C—Cartographic Operations

§ 611.20 Function. 

The NRCS National Cartography and 

Geospatial Center provides cartographic 

services needed to carry out NRCS 

functions. Cartographic services include 

general cartography, photogrammetry, 

aerial photography, planimetric and 

topographic mapping, drafting, and 

specialized types of reproduction.

§ 611.21 Availability of aerial photography. 

The National Cartography and 

Geospatial Center obtains necessary 

clearance for all aerial photography for 

NRCS. New aerial photography of 

designated areas in the United States is 

obtained yearly by NRCS through 

competitive contracting. This 

photography is obtained only after it is 

determined that imagery of these areas 

available from other sources does not 

meet NRCS scale and quality 

requirements. Orders for reproductions 

of NRCS aerial photography are subject 

to the fee schedule cited in § 1.2(b) of 

this title. Order reproductions from the 

National Cartography and Geospatial 

center: USDA—National Resources 

Conservation Service; P.O. Box 6567, 

FWFC–Bldg. 23; 501 W. Felix Street; 

Forth Worth, Texas 76115.

§ 611.22 Availability of satellite imagery. 

Cloud-free maps of the United States 

based on imagery received from a 

satellite are prepared and released to the 

pubic by NRCS. The maps offer the first 

image of the United States not obscured 

by clouds or distortions. Orders or 

requests for information should be 

directed to the National Cartography 

and Geospatial Center, USDA—Natural 

Resources Conservation Service; P.O. 

Box 6567, FWFC–Bldg. 23; 501 W. Felix 

Street; Forth Worth, Texas 76115. 

Orders are subject to the fee schedule 

cited in § 1.2(b) of this title.

Signed in Washington, DC on September 

23, 2004. 

Bruce I. Knight, 

Chief, Natural Resources Conservation 

Service.

[FR Doc. 04–22723 Filed 10–7–04; 8:45 am] 

BILLING CODE 3410–16–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18819; Airspace 

Docket No. 04–ACE–45] 

Modification of Class D Airspace; and 

Modification of Class E Airspace; 

Grand Island, NE

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments, correction. 

SUMMARY: This action corrects a direct 

final rule; request for comments that 

was published in the Federal Register

on Wednesday, September 22, 2004, (69 

FR 56690) [FR Doc. 04–21226]. It 

corrects an error in the legal description 

of the Class E airspace area extending 

upward from 700 feet above the surface 

at Grand Island, NE.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust 

Street, Kansas City, MO 64106; 

telephone: (816) 329–2524.

SUPPLEMENTARY INFORMATION:

History 

Federal Register Document 04–21226, 

published on Wednesday, September