49850 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

The Secretary of Agriculture’s 

Determination of the Primary Purpose 

of the State of Florida’s Agricultural 

Best Management Practices Program 

AGENCY: Natural Resources 

Conservation Service, United States 

Department of Agriculture. 

ACTION: Notice of Determination. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS) is 

providing public notice that the 

Secretary of Agriculture has determined 

that cost-share payments made under 

the State of Florida’s Agricultural Best 

Management Practices Program are 

primarily for the purpose of conserving 

soil and water resources or protecting 

and restoring the environment. NRCS 

was assigned technical and 

administrative responsibility for 

reviewing the State of Florida’s 

Agricultural Best Management Practices 

Program and making appropriate 

recommendations for the Secretary’s 

determination of primary purpose. The 

Secretary made the determination for 

certain specific programs that are part of 

the State of Florida’s Agricultural Best 

Management Practices Program (71 FR 

76965). 

This supplants the earlier 

determination and covers all cost-share 

components of the State of Florida’s 

Agricultural Best Management Practices 

Program. This determination is in 

accordance with Section 126 of the 

Internal Revenue Code of 1954, as 

amended (26 U.S.C. 126), and permits 

recipients of cost-share payments to 

exclude such payments from gross 

income to the extent allowed by the 

Internal Revenue Service. 

FOR FURTHER INFORMATION CONTACT: 

Charles H. Bronson, Commissioner of 

Agriculture, Florida Department of 

Agriculture and Consumer Services, The 

Capitol, Tallahassee, Florida 32399; or 

Gregory K. Johnson, Director, Financial 

Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 5241 

South Building, Washington, DC 20250. 

SUPPLEMENTARY INFORMATION: Under 

Section 126(a)(10) of the Internal 

Revenue Code, gross income does not 

include the ‘‘excludable portion’’ of 

payments received under any program 

of a State under which payments are 

made to individuals primarily for the 

purpose of protecting or restoring the 

environment. In general, a cost-share 

payment for selected conservation 

practices is exempt from Federal 

taxation if it meets the following three 

tests: (1) It was for a capital expense, (2) 

it does not substantially increase the 

operator’s annual income from the 

property for which it is made, and (3) 

the Secretary of Agriculture certified 

that the payment was made primarily 

for conserving soil and water resources, 

protecting or restoring the environment, 

improving forests, or providing habitat 

for wildlife. 

The Secretary of Agriculture evaluates 

a conservation program on the basis of 

criteria set forth in 7 CFR part 14, and 

makes a ‘‘primary purpose’’ 

determination for the payments made 

under the program. The objective of the 

determinations made under part 14 is to 

provide maximum conservation, 

environmental, forestry improvement, 

and wildlife benefits to the general 

public from the operation of applicable 

programs. Final determinations are 

made on the basis of program, category 

of practices, or individual practices. 

Following a primary purpose 

determination by the Secretary of 

Agriculture, the Secretary of the 

Treasury determines if the payments 

made under the conservation program 

substantially increases the annual 

income derived from the property 

benefited by the payments. 

Determination 

As provided for by Section 126 of the 

Internal Revenue Code, the Secretary 

examined the authorizing legislation, 

regulations, and operating procedures 

regarding State of Florida’s Agricultural 

Best Management Practices Program. In 

accordance with the criteria set out in 

7 CFR part 14, the Secretary has 

determined the primary purpose of costshare payments made under the State of 

Florida’s Agricultural Best Management 

Practices Program is conserving soil and 

water resources, or protecting and 

restoring the environment. 

The State of Florida uses the 

Agricultural Best Management Practices 

Program to provide overall water 

resources benefits and to protect the 

environment. The Florida Department of 

Agriculture and Consumer Services 

provides cost-share reimbursement for 

select Best Management Practices that 

have potential water conservation, 

sediment control, and water quality 

benefits. The objectives of the program 

are met through cost-shared 

construction of specific engineered 

structures, land treatment, management 

practices, and acquisition of specific 

equipment to meet environmental needs 

on private farmland. 

A ‘‘Record of Decision’’ for the State 

of Florida’s Agricultural Best 

Management Practices Program has been 

prepared and is available upon request 

from Gregory K. Johnson, Director, 

Financial Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 5241 

South Building, Washington, DC 20250. 

Signed this 23rd day of September 2009, in 

Washington, DC. 

Dave White, 

Chief, Natural Resources Conservation 

Service. 

[FR Doc. E9–23448 Filed 9–28–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF COMMERCE 

Membership of the Departmental 

Performance Review Board 

AGENCY: Department of Commerce. 

ACTION: Notice of membership on the 

Departmental Performance Review 

Board. 

SUMMARY: In accordance with 5 U.S.C., 

4314(c)(4), Department of Commerce 

(DOC) announces the appointment of 

persons to serve as members of the 

Departmental Performance Review 

Board (DPRB). The DPRB provides an 

objective peer review of the initial 

performance ratings, performance-based 

pay adjustments and bonus 

recommendations, higher-level review 

requests and other performance-related 

actions submitted by appointing 

authorities for Senior Executive Service 

(SES) members whom they directly 

supervise, and makes recommendations 

based upon its review. The term of the 

new members of the DPRB will expire 

December 31, 2011. 

DATES: Effective Date: The effective date 

of service of appointees to the 

Departmental Performance Review 

Board is based upon publication of this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Denise A. Yaag, Director, Office of 

Executive Resources, Office of Human 

Resources Management, Office of the 

Director, 14th and Constitution Avenue, 

NW., Washington, DC 20230, (202) 482– 

3600. 

SUPPLEMENTARY INFORMATION: The 

names and position titles of the 

members of the DPRB are set forth 

below by organization: Department of 

Commerce, Departmental Performance 

Review Board Membership, 2009–2011. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 49851 

Office of the Secretary 

Tene A. Dolphin, Director, Executive 

Secretariat. 

Office of General Counsel 

Michael A. Levitt, Assistant General 

Counsel for Legislation and Regulation. 

Barbara S. Fredericks, Assistant 

General Counsel for Administration. 

Chief Financial Officer and Assistant 

Secretary for Administration 

William J. Fleming, Deputy Director 

for Human Resources Management. 

Office of the Chief Information Officer 

Earl B. Neal, Director of Information 

Technology, Security, Infrastructure and 

Technology. 

Bureau of Industry and Security 

Gay G. Shrum, Director of 

Administration. 

Bureau of the Census 

C. Harvey Monk, Associate Director 

for Economic Programs. 

Economics and Statistics 

Administration 

James K. White, Associate Under 

Secretary for Management. 

Economics and Development 

Administration 

Sandra Walters, Chief Financial 

Officer and Director of Administration. 

International Trade Administration 

Michelle O’Neill, Deputy Under 

Secretary for International Trade. 

Stephen P. Jacobs, Deputy Assistant 

Secretary for Market Access and 

Compliance. 

Minority Business Development Agency 

Edith J. McCloud, Associate Director 

for Management. 

National Oceanic and Atmospheric 

Administration 

Robert J. Byrd, Chief Financial 

Officer/Chief Administrative Officer, 

NWS. 

Joseph F. Klimavicz, Chief 

Information Officer and Director of High 

Performance Computing and 

Communications. 

Maureen Wylie, Chief Financial 

Officer, NOAA. 

Kathleen A. Kelly, Director, Office of 

Satellite Operations, NESDIS. 

National Technical Information Service 

Ellen Herbst, Director, National 

Technical Information Service. 

National Telecommunications and 

Information Administration 

Daniel C. Hurley, Director, 

Communications and Information 

Infrastructure Assurance Program. 

National Institute of Standards and 

Technology 

Richard F. Kayser, Jr., Special 

Assistant for Environment, Safety and 

Health. 

Dated: September 16, 2009. 

Denise A. Yang, 

Director, Office of Executive Resources. 

[FR Doc. E9–23345 Filed 9–28–09; 8:45 am] 

BILLING CODE 3510–BS–M 

DEPARTMENT OF COMMERCE 

Membership of the Office of the 

Secretary Performance Review Board 

AGENCY: Department of Commerce. 

ACTION: Notice of Membership on the 

Office of the Secretary Performance 

Review Board. 

SUMMARY: In accordance with 5 U.S.C., 

4314(c)(4), Department of Commerce 

(DOC) announces the appointment of 

persons to serve as members of the 

Office of the Secretary (OS) Performance 

Review Board (PRB). The OS PRB is 

responsible for reviewing performance 

ratings, pay adjustments and bonuses of 

Senior Executive Service (SES) 

members. The term of the new members 

of the OS PRB will expire December 31, 

2011. 

DATES: Effective Date: The effective date 

of service of appointees to the Office of 

the Secretary Performance Review 

Board is upon publication of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Denise A. Yaag, Director, Office of 

Executive Resources, Office of Human 

Resources Management, Office of the 

Director, 14th and Constitution Avenue, 

NW., Washington, DC 20230, (202) 482– 

3600. 

SUPPLEMENTARY INFORMATION: The 

names, position titles, and type of 

appointment of the members of the OS/ 

PRB are set forth below by organization: 

Department of Commerce, Office of the 

Secretary, 2009–2011, Performance 

Review Board Membership. 

Office of the Secretary 

Tene A. Dolphin, Director, Executive 

Secretariat. 

Earl B. Neal, Director, Office of 

Information Technology, Security, 

Infrastructure, and Technology. 

Office of Assistant Secretary for 

Administration 

Suzan J. Aramaki, Director, Office of 

Civil Rights. 

Alfred J. Broadbent, Director, Office of 

Security. 

National Institute of Standards and 

Technology 

W. Todd Grams, Chief Financial 

Officer for NIST. 

National Oceanic and Atmospheric 

Administration 

Louisa Koch, Director, Office of 

Education. 

Office of the General Counsel 

Michael A. Levitt, Assistant General 

Counsel for Legislation and Regulation. 

Barbara S. Fredericks, Assistant 

General Counsel for Administration 

(Alternate). 

Dated: September 16, 2009. 

Denise A. Yaag, 

Director, Office of Executive Resources. 

[FR Doc. E9–23344 Filed 9–28–09; 8:45 am] 

BILLING CODE 3510–BS–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR88 

Endangered Species; File No. 14655 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Jane Provancha, NASA, Ecological 

Program, Kennedy Space Center, FL, 

32899, has applied in due form for a 

permit to take green (Chelonia mydas), 

loggerhead (Caretta caretta), and 

Kemp’s ridley (Lepidochelys kempii) sea 

turtles for purposes of scientific 

research. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

October 29, 2009. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov, and then selecting 

File No. 14655 from the list of available 

applications. These documents are also 

available for review upon written 

request or by appointment in the 

following office(s): 


jlentini on DSKJ8SOYB1PROD with NOTICES