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

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Rules and Regulations Federal Register

70083 

Vol. 75, No. 221 

Wednesday, November 17, 2010 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 701 

RIN 0560–AH89 

Emergency Forest Restoration 

Program and Emergency Conservation 

Program 

AGENCY: Farm Service Agency, USDA. 

ACTION: Interim rule. 

SUMMARY: The Farm Service Agency 

(FSA) is amending regulations as 

required by the Food, Conservation, and 

Energy Act of 2008 (the 2008 Farm Bill) 

to implement the new Emergency Forest 

Restoration Program (EFRP). EFRP will 

provide financial assistance to owners 

of nonindustrial private forest land to 

restore land that was damaged by a 

natural disaster on or after January 1, 

2010. This interim rule also reorganizes 

existing Emergency Conservation 

Program (ECP) regulations to 

incorporate EFRP and makes minor 

technical amendments to the existing 

regulations for ECP including general 

regulations that will now apply to both 

ECP and EFRP. 

DATES: Effective Date: November 17, 

2010. Comment Date: We will consider 

comments that we receive by January 

18, 2011. 

ADDRESSES: We invite you to submit 

comments on this interim rule. In your 

comment, include the Regulation 

Identifier Number (RIN) and the 

volume, date, and page number of this 

issue of the Federal Register. You may 

submit comments by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Katina Hanson, ECP Program 

Manager, Conservation and 

Environmental Program Division, FSA, 

United States Department of Agriculture 

(USDA), Mail STOP 0513, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0513. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

All written comments will be 

available for public inspection at the 

above address during business hours 

from 8 a.m. to 5 p.m., Monday through 

Friday, except holidays. A copy of this 

interim rule is available through the 

FSA home page at http:// 

www.fsa.usda.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Katina Hanson, phone: (202) 720–0062; 

or e-mail: ecpreports@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This interim rule implements Section 

8203 of the 2008 Farm Bill (Pub. L. 110– 

246), which amends Title IV of the 

Agricultural Credit Act of 1978, as 

amended, (16 U.S.C. 2201–2206) by 

adding the new EFRP. Title IV of the 

Agricultural Credit Act of 1978 

authorizes ECP, and generally 

authorizes payments to farmers and 

ranchers to rehabilitate farmland 

damaged by wind erosion, floods, 

hurricanes, or other natural disasters, 

and for carrying out emergency water 

conservation measures during periods of 

severe drought. Section 8203 of the 2008 

Farm Bill adds EFRP, which will make 

payments available to an owner of 

nonindustrial private forest land who is 

approved for program participation and 

carries out emergency measures to 

restore land that is damaged by a natural 

disaster. The fiscal year (FY) 2010 

Supplemental Appropriations Act (Pub. 

L. 111–212) provides $18 million for 

EFRP to remain available until 

expended for expenses resulting from 

natural disasters that occurred on or 

after January 1, 2010, and for other 

purposes. 

This rule also makes minor technical 

changes to the existing ECP regulations 

to be consistent with the 2008 Farm Bill 

and with other FSA and Commodity 

Credit Corporation (CCC) regulations. 

Specifically, this rule replaces the term 

‘‘person’’ with ‘‘person or legal entity’’ for 

consistency with applicable payment 

limitation regulations in 7 CFR part 

1400, and revises a provision dealing 

with the payment limit that applies to 

ECP. This rule also reorganizes 7 CFR 

part 701 to set up three subparts: A 

subpart of general provisions that 

previously applied only to ECP and now 

apply to both ECP and EFRP; a subpart 

on ECP and miscellaneous ECP-related 

ad hoc disaster programs; and a subpart 

on EFRP. The general provisions section 

also contains the sections that describe 

programs that were previously 

administered under 7 CFR part 701. 

Subpart A—General 

Most of the general provisions that 

apply to ECP in the current 7 CFR part 

701 are also needed to implement EFRP. 

The new Subpart A includes those 

general administrative and eligibility 

requirements that apply to both ECP and 

EFRP. This rule makes minor technical 

amendments to the general provisions, 

such as changing provisions that apply 

to ECP to refer to both ECP and EFRP. 

Also included in Subpart A are 

provisions required for continued 

administration of still-existing contracts 

for two other programs that have been 

administered under part 701, those 

being the Agricultural Conservation 

Program (ACP) contracts and Forestry 

Incentive Program (FIP) contracts. 

This rule makes the following 

additional technical changes to the 

general provisions in the new Subpart 

A: 

The ‘‘Administration’’ section is 

amended to clarify, consistent with 

current practice, that FSA may obtain 

assistance from Federal agencies, State 

agencies, or other providers of technical 

assistance when necessary for program 

implementation. 

The ‘‘Definitions’’ section is amended 

to add a definition of ‘‘Natural Disaster’’ 

consistent with § 8203(a) of the 2008 

Farm Bill and the current ECP 

definition, which includes wildfires, 

hurricanes or excessive winds, drought, 

ice storms or blizzards, floods, or other 

naturally-occurring resource impacting 

events. For EFRP, a natural disaster may 

also include insect or disease 

infestations, as determined by FSA in 

consultation with other Federal and 

State agencies as appropriate. The 

definition of ‘‘program year’’ is being 

removed as the term is not used in the 

regulation. 

The ‘‘Onsite Inspections’’ section is 

amended to permit waivers of the onsite 

inspection requirement for both ECP 

and EFRP when conditions warrant. 

After some disasters, damage is so 

extensive and the need to address 

damage so severe that the time delay 


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associated with completing onsite 

inspections for every participant in 

areas with limited access hinders 

efficient implementation of the program. 

These circumstances were common 

following Hurricanes Andrew and Iniki 

in 1993 and Hurricanes Katrina and Rita 

in 2005 where the extent and magnitude 

of damage made onsite inspections 

unnecessary and difficult. The new 

provision will allow FSA to waive the 

requirement for inspections when those 

inspections could put people and 

property at risk and needlessly delay 

emergency assistance. 

The ‘‘Eligible Costs’’ section is 

amended to replace the phrase ‘‘farm or 

ranch’’ with ‘‘eligible land’’ to clarify that 

nonindustrial private forest land may be 

considered eligible land. 

The ‘‘Appeals’’ section is amended to 

specify that the appeal regulations of the 

Natural Resources and Conservation 

Service (7 CFR part 614) apply to 7 CFR 

part 701 for those particular situations 

where NRCS has performed technical 

assistance. 

Many of the eligibility and 

application requirements that apply to 

ECP also apply to EFRP under the 

regulations implemented for EFRP in 

this interim rule. These include, for 

example, requirements for onsite 

inspections so that FSA can verify 

damage, and requirements for proving 

that the ‘‘practice’’ (emergency forest 

restoration measure) has been 

completed. Provisions concerning 

appeals, change of ownership of the 

land, assignment of payments, etc., also 

apply to both ECP and EFRP. Both ECP 

and EFRP have a ‘‘qualifying minimum 

cost’’ provision, meaning that the cost of 

the restoration must meet a minimum 

threshold to be eligible. This provision 

is intended to eliminate de minimis 

losses where the cost of the 

administration may exceed the amount 

of the benefit; however, the regulations 

do allow for some exceptions where the 

circumstances warrant. The minimum 

for ECP is $1,000 in most States and for 

EFRP, FSA will establish the minimum 

qualifying cost of restoration, which 

will be available in the FSA county 

office. With respect to the filing of 

applications for enrollment in the 

program, the information that will be 

required for EFRP will be the same as 

the information required for ECP and 

other FSA conservation financial 

assistance programs. There will be no 

different information collection 

requirements for EFRP. 

Subpart B—Emergency Conservation 

Program 

The provisions that apply specifically 

to ECP are moved to a new Subpart B. 

As illustrated in the table at the end of 

this preamble summarizing changes 

made by this interim rule, many 

sections have been redesignated 

(assigned a new number). In addition, 

this rule makes minor technical changes 

needed for this restructuring, such as 

replacing the word ‘‘part’’ with ‘‘subpart’’ 

where appropriate, and to correct 

internal references. This rule also 

removes § 701.54 concerning ECP 

assistance for oyster reefs damaged by 

2005 hurricanes. The section is no 

longer needed because the funding and 

authority for that type of assistance was 

transferred to the National Oceanic and 

Atmospheric Administration. 

Subpart C—Emergency Forest 

Restoration Program 

This rule adds a new Subpart C for 

provisions specific to the new EFRP. All 

of the provisions are new, because this 

is a new program. Under EFRP, FSA 

will provide financial assistance to 

owners of nonindustrial private forest 

land who carry out emergency measures 

to restore the land that was damaged by 

a natural disaster that occurred on or 

after January 1, 2010. To be eligible, the 

land must have had tree cover 

immediately before the natural disaster. 

EFRP is a financial assistance program; 

the financial assistance will pay up to 

75 percent of the cost of the emergency 

forest restoration measures to approved 

owners of private nonindustrial forest 

land. 

Similar to ECP, as specified in 7 CFR 

701.13, FSA will announce an 

enrollment period for the submission of 

requests for EFRP financial assistance. 

To request EFRP financial assistance, 

eligible owners will apply on forms 

specified by FSA. FSA will review the 

applications, determine the applicant’s 

and the land’s eligibility, and approve 

applications. As specified in 7 CFR 

701.16, requests will be prioritized as 

determined appropriate or needed 

before approval by FSA based on factors 

including, but not limited to: 

• Type and degree of damage; 

• Type of practices needed to address 

the problem; 

• Availability of funds; 

• Availability of technical assistance; 

• Environmental concerns; and 

• Safety factors. 

These requests may be approved if 

funds are available and the requested 

practice is determined eligible. 

As specified in 7 CFR 701.21, prior to 

applying for payment, the approved 

practice must be completed and proof of 

completion must be submitted to the 

FSA county office. In addition, as 

specified in § 701.15(b)(4), the practice 

must have been started no more than 60 

days before the EFRP designation is 

approved for the applicable county 

office, but it is understood that no 

payments will be made unless 

approved, and then only when 

consistent with the provisions of the 

regulations—thus, there may be a risk 

inherent in incurring expenses prior to 

approval. However, USDA will 

endeavor to provide notice of the 

availability or impending availability of 

these programs when the need for these 

programs is present and there is funding 

available as well. EFRP designation 

information is made available by FSA 

county offices through outreach and 

information campaigns to ensure that 

nonindustrial private forest land owners 

and underserved populations are aware 

of the availability of EFRP financial 

assistance. 

For EFRP, ‘‘nonindustrial private 

forest land’’ is defined in the 2008 Farm 

Bill as: 

rural land, as determined by the Secretary, 

that—(A) has existing tree cover (or had tree 

cover immediately before the natural disaster 

and is suitable for growing trees); and (B) is 

owned by any nonindustrial private 

individual, group, association, corporation, 

or other private legal entity, that has 

definitive decision-making authority over the 

land. 

EFRP is somewhat similar in scope to 

previous ECP-related ad hoc disaster 

programs (most recently the 2005 

hurricane disaster assistance portions of 

ECP that provided assistance to owners 

of private nonindustrial forest land). 

That assistance was limited to certain 

non-industrial private forest landowners 

who suffered a loss of, or damage to, at 

least 35 percent of forest acres on forest 

land due to the 2005 hurricanes. The 

producer had 5 years from the date of 

the loss to: 

(1) Reforest the lost or damaged forest 

acres in accordance with a plan 

approved by FSA that was appropriate 

for the forest type; 

(2) Use best management practices in 

accordance with FSA’s best 

management practices; and 

(3) Exercise stewardship on the forest 

land while maintaining the land in a 

forested condition. 

As authorized by the 2008 Farm Bill, 

the new EFRP does not have these 

limitations in geographic scope, type of 

qualifying natural disaster, or timeframe 

to implement restoration. Unlike some 

previous ECP-related ad hoc disaster 

assistance programs, EFRP will be 

available nationwide. 

Some provisions are different for ECP 

and EFRP. For example, ECP 

regulations, though not required by the 

program statute itself, have traditionally 

had a limit of $200,000 per participant 


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per disaster, and this will continue 

under the program regulations 

implemented in this interim rule. 

Similarly, the Farm Bill does not require 

a limit for EFRP, but these regulations 

will set a limit of $500,000 per person 

or legal entity, per disaster. The higher 

limit was selected because while 

damage to ECP land may damage only 

one season’s crops, a damaged forest 

may take 15 years to recover. ECP has 

a limit of 75 percent of the participant’s 

actual costs, with up to 90 percent for 

limited resource participants; in no case 

can the financial assistance exceed 50 

percent of the value of the land. EFRP 

has a statutory limit of 75 percent of 

actual costs for all producers, and no 

provision capping financial assistance 

based on the agricultural value of the 

land. 

Both ECP and EFRP are subject to the 

availability of appropriated funding. 

There was no funding for EFRP in 2008 

or 2009. The FY 2010 Supplemental 

Appropriation provides $18 million for 

EFRP. 

Most of the provisions in this rule for 

EFRP are required by the 2008 Farm 

Bill. FSA has added a few discretionary 

provisions to ensure program integrity, 

including requiring that the forest 

restoration practice specifications 

represent the minimum level of 

performance needed to restore the land 

to the applicable FSA, NRCS, Forest 

Service, or State forestry standard. The 

2008 Farm Bill provides that owners of 

nonindustrial private forest land 

damaged by a natural disaster are 

eligible for EFRP if certain conditions 

are met. 

Nothing in this rule creates an 

entitlement of any kind, and payments 

will be made only to the extent that 

funds are available and only to the 

extent that, in addition to other 

eligibility requirements, the FSA Deputy 

Administrator for Farm Programs has 

approved the availability of benefits for 

a particular disaster in a particular area 

for a particular time period. 

Summary of Interim Rule 

Reorganization of 7 CFR Part 701 

This interim rule reorganizes 7 CFR 

part 701 into three new subparts. 

Subpart A will include general 

provisions that apply to both ECP and 

EFRP; the sections will be numbered 

§§ 701.1 through 701.99. Subpart B will 

include provisions specific to ECP and 

to the miscellaneous 2005 hurricane 

relief programs; the sections will be 

numbered §§ 701.100 through 701.199. 

Subpart C will include provisions 

specific to EFRP, and the sections will 

be numbered §§ 701.200 through 

701.299. The following table provides a 

summary comparison of where sections 

in the current regulation in 7 CFR part 

701 have been placed in this interim 

rule, and the substantive changes. The 

table lists the sections in the order in 

which they appear in the current CFR. 

Sections with no substantive change 

listed may have minor technical 

changes, such as adding references to 

EFRP or updating internal references. 

Current 7 CFR part 701 provisions will 

be in subparts A or B; subpart C is an 

entirely new subpart for EFRP. 

Current CFR Section title This rule 

§ 701.1 ..................................................................... Administration ......................................................... § 701.1 (revises provision to clarify 

technical assistance sources). 

§ 701.2 ..................................................................... Definitions ............................................................... § 701.2 (adds definition of natural disaster). 

§ 701.3 ..................................................................... Scope ..................................................................... Redesignated as § 701.103 for ECP; 

§ 701.203 for EFRP. 

§ 701.4 ..................................................................... Producer eligibility .................................................. Redesignated as § 701.104 for ECP; 

§ 701.204 for EFRP. 

§ 701.5 ..................................................................... Land eligibility ......................................................... Redesignated as § 701.105 for ECP; 

§ 701.205 for EFRP. 

§§ 701.6 through 701.9 ............................................ [Reserved] .............................................................. No change. 

§ 701.10 ................................................................... Qualifying minimum cost of restoration ................. Redesignated as § 701.110 for ECP; 

§ 701.210 for EFRP. 

§ 701.11 ................................................................... Prohibition on duplicate payments ......................... Redesignated as § 701.111 for ECP; 

§ 701.211 for EFRP. 

§ 701.12 ................................................................... Eligible practices .................................................... Redesignated as § 701.112 for ECP; 

§ 701.212 for EFRP. 

§ 701.13 ................................................................... Submitting requests ............................................... § 701.13. 

§ 701.14 ................................................................... Onsite inspections .................................................. § 701.14 (adds waiver of inspections 

provisions). 

§ 701.15 ................................................................... Starting practices before financial assistance request is submitted; non-entitlement to payment; 

payment subject to the availability of funds.

§ 701.15. 

§ 701.16 ................................................................... Practice approval ................................................... § 701.16. 

§ 701.17 ................................................................... Average adjusted gross income limitation ............. Redesignated as § 701.117 for ECP. 

§§ 701.18 through 701.220 ...................................... [Reserved] .............................................................. No change. 

§ 701.21 ................................................................... Filing payment application ..................................... § 701.21. 

§ 701. 701.22..

§ 701.23 ................................................................... Eligible costs .......................................................... § 701.23. 

§ 701.24 ................................................................... Dividing cost-share among more than one participant.§ 701.24. 

§ 701.25 ................................................................... Practices carried out with aid from ineligible persons.§ 701.25. 

§ 701.26 ................................................................... Maximum cost-share percentage ........................... Redesignated as § 701.126 for ECP; 

§ 701.226 for EFRP. 

§ 701.27 ................................................................... Maximum ECP payments per person .................... Redesignated as § 701.127 for ECP. 

§§ 701.28 through 701.30 ........................................ [Reserved] .............................................................. No change. 

§ 701.31 ................................................................... Maintenance and proper use of practices ............. § 701.31. 

§ 701.32 ................................................................... Failure to comply with program provisions ............ § 701.32. 

§ 701.33 ................................................................... Death, incompetency, or disappearance ............... § 701.33. 


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Current CFR Section title This rule 

§ 701.34 ................................................................... Appeals .................................................................. § 701.34 (adds a provision for NRCS 

appeals). 

§ 701.35 ................................................................... Compliance with regulatory measures ................... § 701.35. 

§ 701.36 ................................................................... Schemes and devices and claims avoidances ...... § 701.36. 

§ 701.37 ................................................................... Loss of control of the property during the practice 

life span.

§ 701.37. 

§§ 701.38 through 701.40 ........................................ [Reserved] .............................................................. No change. 

§ 701.41 ................................................................... Cost-share assistance not subject to claims ......... § 701.41. 

§ 701.42 ................................................................... Assignments ........................................................... § 701.42. 

§ 701.43 ................................................................... Information collection requirements ....................... § 701.43. 

§ 701.44 ................................................................... Agricultural Conservation Program (ACP) contracts.§ 701.44. 

§ 701.45 ................................................................... Forestry Incentives Program (FIP) contracts ......... § 701.45. 

§ 701.50 ................................................................... 2005 hurricanes ..................................................... Redesignated as § 701.150 for ECP. 

§ 701.51 ................................................................... Definitions ............................................................... Redesignated as § 701.151 for ECP. 

§ 701.52 ................................................................... Availability of funding ............................................. Redesignated as § 701.152 for ECP. 

§ 701.53 ................................................................... Debris removal and water for livestock ................. Redesignated as § 701.153 for ECP. 

§ 701.54 ................................................................... Oysters ................................................................... Section removed, because the assistance is now provided by NOAA; 

section number reserved. 

§ 701.55 ................................................................... Nursery ................................................................... Redesignated as § 701.155 for ECP. 

§ 701.56 ................................................................... Poultry .................................................................... Redesignated as § 701.156 for ECP. 

§ 701.57 ................................................................... Private nonindustrial forest land ............................ Redesignated as § 701.157 for ECP. 

Notice and Comment 

FSA is not required by 5 U.S.C. 553 

or any other provision of law to publish 

a notice of proposed rulemaking with 

respect to the subject matter of this rule. 

FSA is authorized by the FY 2010 

Supplemental Appropriations Act (Pub. 

L. 111–212) to issue an interim rule 

effective on publication with an 

opportunity for comment. 

Executive Order 12866 

This rule has been determined to be 

significant and was reviewed by the 

Office of Management and Budget 

(OMB) under Executive Order 12866. 

The cost benefit analysis is summarized 

below and is available from the contact 

information listed above. 

Cost Benefit Analysis Summary 

Title IV of the Agricultural Credit Act 

of 1978 authorizes ECP and generally 

authorizes payments to farmers and 

ranchers to rehabilitate farmland 

damaged by wind erosion, floods, 

hurricanes, or other natural disasters, 

and for carrying out emergency water 

conservation measures during periods of 

severe drought. The 2008 Farm Bill 

broadens the scope of Title IV by adding 

EFRP to provide financial assistance to 

owners of nonindustrial private forest 

land who carry out emergency measures 

to restore the land that was damaged by 

a natural disaster. EFRP is a financial 

assistance program; the financial 

assistance will pay up to 75 percent of 

the cost of the emergency forest 

restoration measures to approved 

owners of private nonindustrial forest 

land. 

The impact of the program amounts to 

a transfer to private forest landowners, 

which is equivalent to total program 

outlays. EFRP is expected to be funded 

through irregular ad hoc appropriations 

in a manner similar to the way the ECP 

is funded. It is assumed that no 

additional funding beyond the $18 

million appropriated for FY 2010 will 

be provided during the current Farm 

Bill cycle, and that program outlays will 

therefore be $18 million. 

Regulatory Flexibility Act 

This rule is not subject to the 

Regulatory Flexibility Act since FSA is 

not required to publish a notice of 

proposed rulemaking for this rule. FSA 

is authorized by the FY 2010 

Supplemental Appropriations Act (Pub. 

L. 111–212) to issue an interim rule 

effective on publication with an 

opportunity for comment. 

Environmental Review 

The environmental impacts of this 

rule have been considered in a manner 

consistent with the provisions of the 

National Environmental Policy Act 

(NEPA, 42 U.S.C. 4321–4347), the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and FSA regulations for 

compliance with NEPA (7 CFR part 

799). The FY 2010 Supplemental 

Appropriations Act (Pub. L. 111–212) 

provides that EFRP will be considered 

to have met the requirements of the 

NEPA for activities similar in nature 

and quantity to those of ECP established 

under Title IV of the Agricultural Credit 

Act of 1978 (16 U.S.C. 2201–2206). FSA 

has determined that the activities 

allowed by the EFRP provisions are 

similar in nature and quantity to those 

of ECP and thus the exception applies. 

Further, it is the determination of FSA 

that the impacts associated with 

amending regulations as required by the 

2008 Farm Bill to implement the new 

EFRP would be the same as those 

discussed in the Final Supplemental 

Environmental Impact Statement 

(FSEIS) on the ECP, which can be found 

at: http://www.fsa.usda.gov/FSA/ 

webapp?area=home&subject

=ecrc&topic=nep-cd. 

For these reasons, separately and 

together, FSA has determined that no 

additional environmental assessment or 

environmental impact statement will be 

prepared. 

Executive Order 12372 

This program is not subject to 

Executive Order 12372, which requires 

consultation with State and local 

officials. See the notice related to 7 CFR 

part 3015, subpart V, published in the 

Federal Register on June 24, 1983 (48 

FR 29115). 

Executive Order 12988 

This interim rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule does not 

preempt State and or local laws, 

regulations, or policies unless they 

present an irreconcilable conflict with 

this rule. Before any judicial action may 

be brought concerning the provisions of 

this rule, appeal provisions of 7 CFR 

parts 11 and 780 must be exhausted. As 

specified in the 2008 Farm Bill, this 

interim rule does not preempt a State or 

tribal government law, including any 

State or tribal government liability law. 


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Executive Order 13132 

The policies contained in this rule 

would not have any substantial direct 

effect on States, the relationship 

between the Federal government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. Nor does this 

interim rule impose substantial direct 

compliance costs on State and local 

governments. Therefore, consultation 

with the States is not required. 

Executive Order 13175 

The policies contained in this rule do 

not have tribal implications that 

preempt tribal law. USDA will 

undertake, within 6 months after this 

rule becomes effective, Tribal 

consultation to gain input by Tribal 

officials concerning the impact of this 

rule on Tribal governments, 

communities, and individuals. The 

consultation will establish a baseline of 

consultation for future actions, should 

any become necessary, regarding this 

rule. Reports from the consultation will 

be made part of the USDA annual 

reporting on Tribal Consultation and 

Collaboration. USDA will respond in a 

timely and meaningful manner to all 

Tribal government requests for 

consultation concerning this rule and 

will provide additional venues, such as 

webinars and teleconferences, to 

periodically host collaborative 

conversations with Tribal leaders and 

their representatives concerning ways to 

improve this rule in Indian country. 

Unfunded Mandates 

This rule contains no Federal 

mandates under the regulatory 

provisions of Title II of the Unfunded 

Mandate Reform Act of 1995 (UMRA, 

Pub. L. 104–4). In addition, CCC is not 

required to publish a notice of proposed 

rulemaking for this rule. Therefore, this 

rule is not subject to the requirements 

of sections 202 and 205 of UMRA. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule under the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121, 

SBREFA). Therefore, FSA is not 

required to delay the effective date for 

60 days from the date of publication to 

allow for Congressional review and this 

rule is effective on the date of 

publication in the Federal Register. 

Federal Assistance Programs 

The titles and numbers of the Federal 

assistance programs in the Catalog of 

Federal Domestic Assistance to which 

this rule applies are: 

Emergency Conservation Program 

(ECP)—10.054; 

Agricultural Conservation Program 

(ACP)—10.063; 

Forestry Incentives Program (FIP)— 

10.064; and 

Emergency Forest Restoration Program 

(EFRP)—10.095. 

Paperwork Reduction Act 

The EFRP regulations in this rule are 

exempt from the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), as specified in the FY 2010 

Supplemental Appropriations Act (Pub. 

L. 111–212), which provides that these 

regulations be promulgated and the 

programs administered without regard 

to the Paperwork Reduction Act. 

The amendments in this rule to the 

existing ECP require no revisions to the 

information collection requirements that 

are approved for ECP by OMB under 

control number 0560–0082. 

E-Government Act Compliance 

FSA is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects in 7 CFR part 701 

Disaster assistance, Environmental 

protection, Forests and forest products, 

Reporting and recordkeeping 

requirements, Rural areas, Soil 

conservation, Water resources, Wildlife. 

■ For the reasons discussed in the 

preamble, this rule amends 7 CFR part 

701 as follows: 

PART 701—EMERGENCY 

CONSERVATION PROGRAM, 

EMERGENCY FOREST RESTORATION 

PROGRAM, AND CERTAIN RELATED 

PROGRAMS PREVIOUSLY 

ADMINISTERED UNDER THIS PART 

■ 1. The authority citation for part 701 

is revised to read as follows: 

Authority: 16 U.S.C. 2201–2206; Sec. 101, 

Pub. L. 109–148, 119 Stat. 2747; and Pub. L. 

111–212, 124 Stat. 2302 

■ 2. The heading for part 701 is revised 

as set out above. 

Subpart A—General 

■ 3. Designate §§ 701.1 through 701.45 

as subpart A under the heading set forth 

above. 

■ 4. Amend § 701.1 as follows: 

■ a. Revise paragraph (a) to read as set 

forth below; 

■ b. In paragraph (b), first sentence, 

remove the words ‘‘ECP is’’ and add, in 

their place, the words ‘‘ECP and EFRP 

are’’, and in the third sentence, add the 

words ‘‘or legal entity’’ immediately 

following the word ‘‘person’’; 

■ c. Revise paragraph (i) to read as set 

forth below; 

■ d. In paragraph (j), add the words ‘‘or 

legal entity’’ immediately following the 

words ‘‘in any person’’, and add the 

words ‘‘or EFRP’’ immediately following 

the word ‘‘ECP’’; and 

■ e. In paragraph (k), add the words ‘‘or 

EFRP’’ immediately following the word 

‘‘ECP’’. 

The revision reads as follows: 

§ 701.1 Administration. 

(a) Subject to the availability of funds, 

this part provides the terms, conditions 

and requirements of the Emergency 

Conservation Program (ECP) and the 

Emergency Forest Restoration Program 

(EFRP) administered by the Farm 

Service Agency (FSA). Neither program 

is an entitlement program and payments 

will only be made to the extent that the 

Deputy Administrator announces the 

eligibility of benefits for certain natural 

disasters, the areas in which such 

benefits will be available, the time 

period in which the disaster and the 

rehabilitation must occur, and only so 

long as all the conditions for eligibility 

specified in this part and elsewhere in 

law are met. However, the Deputy 

Administrator will not apply any nonstatutory limitation on payments 

provided for in this part in such a way 

that it would necessarily result in the 

non-expenditure of program funds 

required to otherwise be made by law. 

* * * * * 

(i) FSA may consult with any other 

Federal agency, State agency, or other 

provider of technical assistance for such 

assistance as is determined by FSA to be 

necessary to implement ECP or EFRP. 

FSA is responsible for the technical 

aspects of ECP and EFRP but may enter 

into a Memorandum of Agreement with 

another party to provide technical 

assistance. If the requirement for 

technical assistance results in undue 

delay or significant hardship to 

producers in a county, the State 

committee may request in writing that 

FSA waive this requirement for that 

county. However, nothing in this 

paragraph or in this part creates a right 

of appeal or action for an applicant with 

respect to provisions relating to internal 

procedures of FSA. 

* * * * * 

■ 5. Amend § 701.2, paragraph (b), as 

follows: 

■ a. In the definition of ‘‘Applicant,’’ add 

the words ‘‘or legal entity’’ immediately 

following the word ‘‘person’’ and add the 


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words ‘‘or EFRP’’ immediately following 

the word ‘‘ECP’’; 

■ b. Add, in alphabetical order, a new 

definition for ‘‘Natural disaster’’; and 

■ c. Remove the definition ‘‘Program 

year’’. 

The addition reads as follows: 

§ 701.2 Definitions. 

* * * * * 

(b) * * * 

Natural disaster means wildfires, 

hurricanes or excessive winds, drought, 

ice storms or blizzards, floods, or other 

naturally-occurring resource impacting 

events as determined by FSA. For EFRP, 

a natural disaster also includes insect or 

disease infestations as determined by 

FSA in consultation with other Federal 

and State agencies as appropriate. 

* * * * * 

§§ 701.3 through 701.5 [Redesignated as 

§§ 701.103 through 701.105] 

■ 6. Redesignate §§ 701.3 through 701.5 

as §§ 701.103 through 701.105, and 

reserve §§ 701.3 through 701.5. 

§§ 701.10 through 701.12 [Redesignated as 

§§ 701.110 through 701.112] 

■ 7. Redesignate §§ 701.10 through 

701.12 as §§ 701.110 through 701.112 

and reserve §§ 701.10 through 701.12. 

§ 701.13 [Amended] 

■ 8. Amend § 701.13, paragraph (a), by 

adding the words ‘‘or EFRP’’ 

immediately following the word ‘‘ECP’’. 

■ 9. Amend § 701.14 as follows: 

■ a. Redesignate the undesignated text 

as a new paragraph (a), 

■ b. In newly redesignated paragraph 

(a), add the words ‘‘or EFRP’’ 

immediately following the word ‘‘ECP’’, 

and 

■ c. Add paragraph (b) to read as set 

forth below. 

§ 701.14 Onsite inspections. 

* * * * * 

(b) Notwithstanding paragraph (a) of 

this section, onsite inspections may be 

waived by FSA, in its discretion only, 

where damage is so severe that an onsite 

inspection is unnecessary, as 

determined by FSA. 

§ 701.15 [Amended] 

■ 10. Amend § 701.15 as follows: 

■ a. In paragraph (b), introductory text, 

remove the word ‘‘ECP’’, and 

■ b. In paragraph (b)(4), add the words 

‘‘or EFRP’’ immediately following the 

word ‘‘ECP’’. 

§ 701.16 [Amended] 

■ 11. Amend § 701.16, paragraph (a)(7), 

by removing the word ‘‘Welfare’’ and 

adding, in its place, the words ‘‘In the 

case of ECP, welfare’’. 

§ 701.17 [Redesignated as § 701.117] 

■ 12. Redesignate § 701.17 as § 701.117 

and reserve § 701.17. 

§ 701.23 [Amended] 

■ 13. Amend § 701.23 as follows: 

■ a. In paragraph (a), remove the words 

‘‘§§ 701.26 and 701.27’’ and add, in their 

place, the words ‘‘§§ 701.126, 701.127, 

and 701.226’’, and 

■ b. In paragraphs (b)(1) and (b)(2), 

remove the words ‘‘farm or ranch’’ and 

add, in their place, the words ‘‘eligible 

land’’, and 

■ c. In paragraph (c), remove the words 

‘‘§ 701.12(d)’’ and add, in their place, 

‘‘§§ 701.112(d) or 701.212(d)’’. 

■ 14. Amend § 701.25 as follows: 

■ a. Revise the section heading to read 

as set forth below, and 

■ b. In the first sentence of the section, 

add the words ‘‘or EFRP’’ immediately 

following the word ‘‘ECP’’. 

§ 701.25 Practices carried out with aid 

from ineligible persons or ineligible legal 

entities. 

* * * * * 

§§ 701.26 through 701.27 [Redesignated as 

§§ 701.126 through 701.127] 

■ 15. Redesignate §§ 701.26 through 

701.27 as §§ 701.126 through 701.127 

and reserve §§ 701.26 through 701.27. 

§ 701.34 [Amended] 

■ 16. Amend § 701.34 by removing the 

word ‘‘part’’ and adding, in its place, the 

words ‘‘parts 614 and’’. 

§ 701.35 [Amended] 

■ 17. Amend § 701.35, second sentence 

of the section, by adding the words ‘‘or 

EFRP’’ immediately following the word 

‘‘ECP’’ both times it appears. 

§ 701.36 [Amended] 

■ 18. Amend § 701.36 as follows: 

■ a. In paragraph (a), first sentence, add 

the words ‘‘or legal entity’’ immediately 

following the word ‘‘person’’, and in the 

second sentence, remove the words 

‘‘‘‘person’’ determinations made under 

this part’’, and add, in their place, the 

words ‘‘any eligibility determination, 

including, but not limited to, a payment 

limit eligibility’’, 

■ b. In paragraph (b), remove the word 

‘‘ECP’’ and add, in its place, the word 

‘‘program’’, 

■ c. In paragraph (c), add the words ‘‘or 

legal entity’’ immediately following the 

word ‘‘person’’, 

■ d. In paragraph (d), add the words ‘‘or 

EFRP’’ immediately following the word 

‘‘ECP’’. 

§ 701.37 [Amended] 

■ 19. Amend § 701.37, in the first 

sentence of the section, by adding the 

words ‘‘or EFRP’’ immediately following 

the word ‘‘ECP’’ each time it appears, 

and add the words ‘‘or legal entity’’ 

immediately following the word 

‘‘person’’. 

§§ 701.44 and 701.45 [Amended] 

■ 20. Amend §§ 701.44 and 701.45 by 

removing the comma between the words 

‘‘CFR’’ and ‘‘parts’’. 

§§ 701.50 through 701.53 [Redesignated as 

§§ 701.150 through 701.153] 

■ 21. Redesignate §§ 701.50 through 

701.53 as §§ 701.150 through 701.153. 

§ 701.54 [Removed] 

■ 22. Remove § 701.54. 

§§ 701.55 through 701.57 [Redesignated as 

§§ 701.155 through 701.157] 

■ 23. Redesignate §§ 701.55 through 

701.57 as §§ 701.155 through 701.157. 

§ 701.103 [Amended] 

■ 24. Amend newly redesignated 

§ 701.103, as follows: 

■ a. In paragraph (a), at the end, remove 

the period and add, in it’s place, the 

punctuation and words ‘‘, subject to the 

availability of funds and only for areas, 

natural disasters, and time periods 

approved by the Deputy Administrator.’’ 

■ b. In paragraph (c) introductory text, 

remove the word ‘‘part’’ and add, in its 

place, the word ‘‘subpart’’. 

§ 701.104 [Amended] 

■ 25. Amend newly redesignated 

§ 701.104, paragraph (a), by adding the 

words ‘‘or legal entity’’ immediately 

following the word ‘‘person’’ both times 

it appears. 

§ 701.110 [Amended] 

■ 26. Amend newly redesignated 

§ 701.110, paragraph (a), by removing 

the words ‘‘§ 701.3(a)’’ and adding, in 

their place, the words ‘‘§ 701.103(a)’’. 

§ 701.112 [Amended] 

■ 27. Amend newly redesignated 

§ 701.112, paragraph (a), by removing 

the word ‘‘part’’ and adding, in its place, 

the word ‘‘subpart’’. 

■ 28. Revise newly redesignated 

§ 701.127 to read as follows: 

§ 701.127 Maximum ECP payments per 

person or legal entity. 

A person or legal entity, as defined in 

part 1400 of this title, is limited to a 

maximum ECP cost-share of $200,000 

per person or legal entity, per natural 

disaster. 


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§ 701.150 [Amended] 

■ 29. Amend newly redesignated 

§ 701.150, first sentence, by removing 

the words ‘‘§§ 701.50 through 701.57’’ 

and adding, in their place, the words 

‘‘§§ 701.150 through 701.157’’ and in the 

third sentence, by removing the words 

‘‘§§ 701.51 through 701.57’’ and adding, 

in their place, the words ‘‘§§ 701.151 

through 701.157’’. 

§ 701.151 [Amended] 

■ 30. Amend newly redesignated 

§ 701.151, introductory text, by 

removing the words ‘‘§§ 701.52 through 

701.57’’ and adding, in their place, the 

words‘‘§§ 701.152 through 701.157’’. 

§ 701.152 [Amended] 

■ 31. Amend newly redesignated 

§ 701.152 by removing the words 

‘‘§§ 701.53 through 701.57’’ and adding, 

in their place, the words ‘‘§§ 701.153 

through 701.157’’, and by removing the 

words ‘‘109–149’’ and adding, in their 

place, the words ‘‘109–148’’. 

§ 701.155 [Amended] 

■ 32. Amend newly redesignated 

§ 701.155, paragraph (b), by removing 

the words ‘‘§ 701.26’’ and adding, in 

their place, the words ‘‘§ 701.126’’. 

§ 701.157 [Amended] 

■ 33. Amend newly redesignated 

§ 701.157 as follows: 

■ a. In paragraph (b)(1), add the words 

‘‘or legal entity’’ immediately following 

the word ‘‘person’’, and 

■ b. In paragraph (c), remove the words 

‘‘§ 701.26’’ and add, in their place, the 

words ‘‘§ 701.126’’. 

Subpart B—Emergency Conservation 

Program 

■ 34. Designate newly redesignated 

§§ 701.103–701.157 as subpart B under 

the heading set forth above. 

§§ 701.100 through 701.102, 701.106 

through 701.109, 701.113 through 701.116, 

701.118 through 701.125, 701.128 through 

701.149, and 701.154 [Added and 

Reserved] 

■ 35. Add and reserve §§ 701.100 

through 701.102, 701.106 through 

701.109, 701.113 through 701.116, 

701.118 through 701.125, 701.128 

through 701.149, and 701.154. 

■ 36. Add subpart C to read as follows: 

Subpart C—Emergency Forest Restoration 

Program 

Sec. 

701.200–701.202 [Reserved] 

701.203 Scope. 

701.204 Participant eligibility. 

701.205 Land eligibility. 

701.206 through 701.209 [Reserved] 

701.210 Qualifying minimum cost of 

restoration. 

701.211 Prohibition on duplicate payments. 

701.212 Eligible EFRP practices. 

701.213 through 701.225 [Reserved] 

701.226 Maximum financial assistance. 

Subpart C—Emergency Forest 

Restoration Program 

§§ 701.200 through 701.202 [Reserved] 

§ 701.203 Scope. 

(a) Subject to the availability of funds 

and only for areas, natural disasters, and 

time periods for the natural disaster and 

rehabilitation approved by the Deputy 

Administrator, FSA will provide 

financial assistance to owners of 

nonindustrial private forest land who 

carry out emergency measures to restore 

land damaged by a natural disaster on 

or after January 1, 2010, as determined 

by FSA. 

(b) The objective of EFRP is to make 

financial assistance available to eligible 

participants on eligible land for certain 

practices to restore nonindustrial 

private forest land that has been 

damaged by a natural disaster. 

§ 701.204 Participant eligibility. 

(a) To be eligible to participate in 

EFRP, a person or legal entity must be 

an owner of nonindustrial private forest 

land affected by a natural disaster, and 

must be liable for or have the expense 

that is the subject of the financial 

assistance. The owner must be a person 

or legal entity (including an Indian 

tribe) with full decision-making 

authority over the land, as determined 

by FSA, or with such waivers as may be 

needed from lenders or others as may be 

required, to undertake program 

commitments. 

(b) Federal agencies and States, 

including all agencies and political 

subdivisions of a State, are ineligible for 

EFRP. 

(c) An application may be denied for 

any reason. 

§ 701.205 Land eligibility. 

(a) For land to be eligible, it must be 

nonindustrial private forest land and 

must, as determined by FSA: 

(1) Have existing tree cover or have 

had tree cover immediately before the 

natural disaster and be suitable for 

growing trees; 

(2) Have damage to natural resources 

caused by a natural disaster, which 

occurred on or after January 1, 2010, 

that, if not treated, would impair or 

endanger the natural resources on the 

land and would materially affect future 

use of the land; and 

(3) Be physically located in a county 

in which EFRP has been implemented. 

(b) Land is ineligible for EFRP if FSA 

determines that the land is any of the 

following: 

(1) Owned or controlled by the United 

States; or 

(2) Owned or controlled by States, 

including State agencies or political 

subdivisions of a State. 

§§ 701.206 through 701.209 [Reserved] 

§ 701.210 Qualifying minimum cost of 

restoration. 

(a) FSA will establish the minimum 

qualifying cost of restoration, which 

may vary by State or region. 

(b) An applicant may request a waiver 

of the qualifying minimum cost of 

restoration. The waiver request must 

document how failure to grant the 

waiver will result in environmental 

damage or hardship to the person or 

legal entity, and how the waiver will 

accomplish the goals of the program. 

§ 701.211 Prohibition on duplicate 

payments. 

(a) Participants are not eligible to 

receive funding under EFRP for land on 

which FSA determines that the 

participant has or will receive funding 

for the same or similar expenses under: 

(1) The Emergency Conservation 

Program provided for in subpart B of 

this part; 

(2) The Wetland Reserve Program 

(WRP) provided for in part 1467 of this 

title; 

(3) The Emergency Wetland Reserve 

Program (EWRP) provided for in part 

623 of this chapter; 

(4) The Emergency Watershed 

Protection Program (EWP), provided for 

in part 624 of this chapter; or 

(5) Any other program that covers the 

same or similar expenses so as to create 

duplicate payments, or, have the effect 

of creating in total, otherwise, a higher 

rate of financial assistance than is 

allowed on its own under this part. 

(b) Participants who receive any 

duplicate funds, payments, or benefits 

must refund any EFRP payments 

received, except the Deputy 

Administrator may reduce the refund 

amount to the amount determined 

appropriate by the Deputy 

Administrator to ensure that the total 

amount of assistance received by the 

owner of the land under all programs 

does not exceed an amount otherwise 

allowed in this part. 

§ 701.212 Eligible EFRP practices. 

(a) Financial assistance may be 

offered to eligible persons or legal 

entities for EFRP practices to restore 

forest health and forest-related resources 

on eligible land. 

(b) Practice specifications must 

represent the minimum level of 


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performance needed to restore the land 

to the applicable FSA, NRCS, Forest 

Service, or State forestry standard. 

§§ 701.213 through 701.225 [Reserved] 

§ 701.226 Maximum financial assistance. 

(a) In addition to other restrictions 

that may be applied by FSA, an EFRP 

participant will not receive more than 

75 percent of the lesser of the 

participant’s total actual cost or of the 

total allowable costs, as determined by 

this subpart, to perform the practice. 

(b) A person, as defined in part 1400 

of this title, is limited to a maximum 

cost-share of $500,000 per person or 

legal entity, per disaster. 

(c) The Deputy Administrator may 

waive the provisions of this section on 

a case by case basis to address 

unusually large losses. Such relief is 

solely at the discretion of the Deputy 

Administrator, and the failure to 

provide such relief is not subject to 

administrative review or appeal under 

parts 11 or 780 of this title. 

Signed in Washington, DC, November 9, 

2010. 

Jonathan W. Coppess, 

Administrator, Farm Service Agency. 

[FR Doc. 2010–28946 Filed 11–16–10; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM435; Special Conditions No. 

25–413–SC] 

Special Conditions: Bombardier Inc. 

Model CL–600–2E25 Airplane, 

Operation Without Normal Electrical 

Power 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Bombardier Inc. Model 

CL–600–2E25 airplane. This airplane 

will have a novel or unusual design 

feature associated with a command-bywire (CBW) rudder-control system, 

which requires a source of continuous 

electrical power to operate the control 

system. The current 14 CFR part 

25.1351(d), ‘‘Operation without normal 

electrical power,’’ requires safe 

operation in VFR conditions for at least 

five minutes with inoperative normal 

electrical power. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: The effective date of these 

special conditions is November 5, 2010. 

We must receive your comments by 

January 3, 2011. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM435, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM435 You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Steve Slotte, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356; telephone (425) 227–2315; 

facsimile (425) 227–1149. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected aircraft. In addition, the 

substance of these special conditions 

has been subject to the public-comment 

process in several prior instances with 

no substantive comments received. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to acknowledge receipt 

of your comments on these special 

conditions, include with your 

comments a self-addressed, stamped 

postcard on which you have written the 

docket number. We will stamp the date 

on the postcard and mail it back to you. 

Background 

On February 28, 2007, Bombardier 

Inc. applied for an amendment to Type 

Certificate No. A21EA, through 

Transport Canada, to include the new 

Model CL–600–2E25 airplane. The CL– 

600–2E25, which is a derivative of the 

CL–600–2D24 currently approved under 

Type Certificate No. A21EA, is to be 

certified for a maximum occupancy of 

110 people, including 5 crewmembers. 

The CL–600–2E25 has increased gross 

weight, extended wing tip, and 

increased fuselage length to 

accommodate the additional passengers 

as compared to the CL–600–2D24. 

The CL–600–2E25 will have a CBW 

rudder-control system that will affect 

the performance of the airplane. This 

system requires a continuous source of 

electrical power to maintain an operable 

control system. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Bombardier Inc. must show that the 

Model CL–600–2E25 airplane meets the 

applicable provisions of 14 CFR part 25, 

as amended by Amendments 25–1 

through 25–119, except for earlier 

amendments as agreed upon by the 

FAA. These regulations will be 

incorporated into Type Certificate No. 

A21EA after type-certification approval 

of the Model CL–600–2E25. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original typecertification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. A21EA are as follows: 

The original type-certification basis 

for the Model CL–600–2D24 (CRJ 900), 

shown on TCDS A21EA, Revision 25, 

and reprinted below. 

Model CL–600–2D15/CL–600–2D24 

Part 25, including Amendments 25–1 

through 25–86, Amendments 25–88 

through Amendments 25–90, and 


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