Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 44067 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1410 

RIN 0560–AH80 

Conservation Reserve Program 

AGENCY: Commodity Credit Corporation, 

USDA. 

ACTION: Interim rule. 

SUMMARY: The Commodity Credit 

Corporation (CCC) is amending the 

Conservation Reserve Program (CRP) 

regulations to implement provisions of 

the Food, Conservation, and Energy Act 

of 2008 (the 2008 Farm Bill). The 2008 

Farm Bill generally extends the existing 

CRP through 2012 with some changes in 

eligibility requirements. The changes in 

this rule include adding alfalfa to the 

definition of agricultural commodity for 

the purposes of determining cropping 

history, adding incentives for limited 

resource farmers and Indian tribes, 

adding pollinator habitat incentives, 

adding a provision allowing preference 

for local residents in accepting 

competitive offers, adding an additional 

waiver provision to exclude certain 

acreage for CRP county acreage 

maximums, and clarifying the limited 

harvesting and grazing activities that 

may be allowed on CRP land. The 

purpose of CRP is to cost-effectively 

assist producers in conserving and 

improving soil, water, wildlife, and 

other natural resources by converting 

environmentally-sensitive acreage from 

the production of agricultural 

commodities to a long-term vegetative 

cover and to address issues raised by 

State, regional and national 

conservation initiatives. 

DATES: Effective Date: This rule is 

effective July 28, 2010. 

Comment Date: We will consider 

comments that we receive by September 

27, 2010. 

ADDRESSES: We invite you to submit 

comments on this interim rule. In your 

comment, include 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: Director, Conservation and 

Environmental Programs Division 

(CEPD), USDA FSA CEPD, Mail Stop 

0513, 1400 Independence Ave, SW., 

Washington, DC 20250–0513. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

Comments may be inspected at the 

mail address listed above between 8:00 

a.m. and 4:30 p.m., Monday through 

Friday, except holidays. A copy of this 

interim rule is available through the 

U.S. Department of Agriculture (USDA) 

Farm Service Agency (FSA) home page 

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

FOR FURTHER INFORMATION CONTACT: 

Beverly J. Preston, CRP Program 

Manager, USDA FSA CEPD, Mail Stop 

0513, 1400 Independence Ave, SW., 

Washington, DC 20250–0513 at, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0513; telephone: 

(202) 720–9563; e-mail: 

beverly.preston@wdc.usda.gov. Persons 

with disabilities who require alternative 

means for communication (Braille, large 

print, audiotape, etc.) should contact the 

USDA Target Center at 202–720–2600 

(voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

This rule amends CRP regulations in 

7 CFR part 1410 to implement certain 

changes to CRP as required by the 2008 

Farm Bill (Pub. L. 110–246). This is the 

third of three interim rules that CCC has 

published to implement 2008 Farm Bill 

changes to CRP. On June 29, 2009, (74 

FR 30907–30912) CCC published an 

interim rule to implement CRP 

provisions in the 2008 Farm Bill 

regarding farmable wetlands, thinning 

of trees to improve the condition of 

resources, income and payment 

limitations, and address issues raised by 

State, regional, and National 

conservation initiatives. 

On May 14, 2010, (75 FR 27165–69) 

CCC published an interim rule to 

implement provisions in the 2008 Farm 

Bill regarding transition incentives for 

CRP participants with expiring contracts 

to sell or lease the land to a beginning 

or socially disadvantaged farmer or 

rancher. 

This interim rule implements the 

remaining 2008 Farm Bill CRP 

provisions, which include updating 

cropping history requirements, adding 

an additional waiver provision as an 

exclusion to exceed the 25 percent of 

the county cropland CRP acreage 

maximum, adding an acceptability-ofoffer provision to allow local resident 

preference, and clarifying permissive 

uses of CRP land. It also adds provisions 

for pollinator habitat incentives and 

incentives for limited resource farmers 

and ranchers and Indian tribes. This 

rule also updates dates and makes 

minor plain language improvements. 

This interim rule is effective on 

publication, but is subject to 

modification after the consideration of 

comments. After the comment period 

closes, CCC expects to publish a final 

rule that will discuss the comments and 

implement any amendments determined 

to be justified based on a review of the 

comments. 

CRP participants enroll land under 

contracts for 10 to 15 years in exchange 

for annual rental payments and 

financial assistance to install certain 

conservation practices and to maintain 

approved vegetative, tree, or other 

appropriate covers. A wide range of 

conservation practices may be enrolled 

under CRP including, for example, 

introduced and native grasses and 

legumes, hardwood trees, wildlife 

habitat, grass waterways, filter strips, 

riparian buffers, wetlands, rare and 

declining habitat, upland bird habitat, 

longleaf pine, and duck nesting habitat. 

The basic structure and nature of CRP 

remains the same. 

Definitions 

This rule amends § 1410.2, 

‘‘Definitions,’’ to add a definition for 

‘‘pollinator.’’ The 2008 Farm Bill allows 

the Secretary to add the development of 

pollinator habitat and practices to 

encourage native and managed 

pollinators to any of the USDA 

conservation programs. The 2008 Farm 

Bill does not define ‘‘native or managed 

pollinator.’’ This rule adds a definition 

of ‘‘pollinator’’ to mean ‘‘an insect or 

other animal that carries pollen from 

one flower to another.’’ Other animals 

would include birds and bats. 

Consistent with section 2105 of the 

2008 Farm Bill, this rule also adds 

alfalfa, other multi-year grasses, and 

legumes grown in rotation to the 

definition of ‘‘agricultural commodity.’’ 

This will permit, for example, land with 

alfalfa grown under a long-term rotation 

with another agricultural commodity to 

meet the cropping history requirement 

for eligible land. 

This rule adds definitions for ‘‘limited 

resource farmer or rancher’’ and ‘‘Indian 

tribe’’ that are consistent with the 

definitions used for other USDA 

programs and with the 2008 Farm Bill. 

The 2008 Farm Bill gives the term 

‘‘Indian tribe’’ the definition given under 

section 4(e) of the Indian SelfDetermination and Education 

Assistance Act (25 U.S.C. 450b(e)). In 

implementing the Indian SelfDetermination and Education 

Assistance Act, the Department of the 

Interior, Bureau of Indian Affairs, and 

the Department of Health and Human 

Services, Indian Health Service, 

established the definition of ‘‘Indian 

tribe’’ in 25 CFR 900.6. This rule adds 

that definition to 7 CFR 1410.2. The 

definition of ‘‘limited resource farmer or 


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44068 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 

rancher’’ in this rule is consistent with 

the definition that applies under the 

regulations for the Environmental 

Quality Incentives Program (EQIP) at 7 

CFR 1466.3. These definitions are 

needed because this rule adds authority 

to provide additional incentives for 

enrollment of Indian tribes and limited 

resource farmers and ranchers. 

This rule amends the definitions for 

‘‘conserving use’’ and ‘‘considered 

planted’’ to update the period of time— 

to the period 2002 through 2007—that is 

considered for land use history. This 

change is consistent with other updates 

to the cropping history requirement for 

eligible land, as described below, 

required by the 2008 Farm Bill. 

Maximum County Acreage 

This rule amends § 1410.4, 

‘‘Maximum County Acreage,’’ to add an 

additional waiver provision as an 

exclusion of certain acreage enrolled 

under CRP. Under the current 

regulations, the amount of cropland that 

may be enrolled under CRP and the 

Wetlands Reserve Program, as specified 

in § 1410.4, may not exceed 25 percent 

of a county’s total cropland unless CCC 

waives this cap. To implement a waiver, 

CCC must determine that enrolling 

additional land would not adversely 

affect the local economy of the county 

and that operators in the county are 

having difficulties complying with 

conservation plans implemented under 

7 CFR part 12. The existing waiver 

provisions are not changed with this 

rule. This rule adds an additional 

waiver provision specifying that CCC 

may exclude high-priority continuous 

signup acreage, including acreage in the 

Conservation Reserve Enhancement 

Program (CREP), Farmable Wetlands 

Program (FWP), or State Acreage for 

Wildlife Enhancement (SAFE) Program, 

from the 25 percent cropland limitation, 

if the county government agrees. The 

2008 Farm Bill specifies that the 

Secretary may implement the waiver to 

exclude for high-priority acreage; it does 

not require CCC to do so. 

Under CRP, eligible land may be 

enrolled competitively during publicly 

announced general signups. An 

environmental benefits index (EBI) to 

optimize costs and benefits is used for 

competitive enrollment. When an offer 

is made, FSA collects data for a number 

of factors for each piece of ground 

offered into CRP. Each offer is assigned 

a point score based on its relative 

environmental factors and competes 

with all other offers. Offer acceptability 

is determined based on the ranking 

results. Generally, FSA has used these 

EBI factors to assess the environmental 

benefits for the land offered: 

• Wildlife habitat benefits; 

• Water quality benefits from reduced 

erosion, runoff, and leaching; 

• On-farm benefits from reduced 

erosion; 

• Benefits that will likely endure 

beyond the contract period; 

• Air quality benefits from reduced 

wind erosion; and 

• Cost. 

Land may also be enrolled noncompetitively on a continuous basis if 

the land meets certain criteria. That is 

not changing with this rule. Noncompetitive continuous enrollment is 

available for certain high-priority 

practices including, but not limited to, 

filter strips, wetlands, buffers, grass 

waterways, land enrolled under CREP, 

FWP, and for certain initiatives such as 

wetland restoration, longleaf pine 

restoration, quail habitat, and SAFE. 

This rule amends the regulations to 

allow the special high-priority land 

including acreage in CREP, FWP, or 

SAFE Program to be excluded from the 

25 percent maximum county acreage 

limit if the county government agrees. 

Eligible Land 

As provided for in the existing CRP 

regulations in § 1401.6, ‘‘Eligible Land,’’ 

eligible land for CRP must be cropland 

with a history of production of tillable 

crops or marginal pastureland. The 

purpose of this eligibility requirement, 

which is not changing with this rule, is 

to ensure CRP is used to convert 

environmentally-sensitive land to a 

long-term environmentally-beneficial 

cover crop. 

As provided in the 2008 Farm Bill, 

this rule amends § 1410.6, ‘‘Eligible 

Land,’’ to change the dates of the 

cropping history required for certain 

cropland to be eligible. In the current 

regulation, eligible cropland must have 

been planted or considered planted for 

four of the six years during the period 

of 1996 through 2001. This rule amends 

that section to modify the cropping 

history dates to the four of the six years 

during 2002 through 2007. This rule 

also updates this section to refer to CCC 

rather than the Deputy Administrator to 

reflect more consistently that the 

program is a CCC program. References 

to the dates for expiring Water Bank 

Program contracts are removed from the 

eligibility requirements for marginal 

pastureland because all such contracts 

have already expired. 

Acceptability of Offers 

This rule amends § 1410.31, 

‘‘Acceptability of Offers,’’ to add the 

2008 Farm Bill specified ‘‘local 

preference’’ as a factor in offer 

acceptability. This means that CCC may 

preferentially accept offers from 

residents of the county or a contiguous 

county where the land is offered for 

enrollment, provided that offer has at 

least equal expected benefits to offers 

from non-resident landowners. Section 

2110 of the 2008 Farm Bill requires the 

Secretary to give preference to such 

offers. 

Permissive Uses of CRP Land 

The CRP regulations limit the uses of 

CRP land to a list of uses specified in 

§ 1410.63 ‘‘Permissive Uses.’’ The intent 

is to ensure that CRP land is not used 

for activities that would tend to defeat 

the conservation purposes of the 

program. Permissive uses must be 

consistent with the conservation of soil, 

water quality and wildlife habitat, 

including habitat during nesting season 

for birds in the area. To achieve this 

goal, section 2108 of the 2008 Farm Bill 

clarifies the specific restrictions on 

managed harvesting, grazing, other 

commercial uses of forage on CRP land, 

and installation of wind turbines. 

Therefore, § 1410.63 is amended to 

implement the specific permissive uses, 

and permissive use restrictions, as 

specified in the 2008 Farm Bill. The 

amendments to permissive uses are as 

follows: 

• Provisions for managed harvesting 

and grazing uses are revised and 

clarified, as specified in the 2008 Farm 

Bill. Specific types of harvesting and 

grazing are allowed, in exchange for a 

payment reduction as determined by 

CCC. The provision for ‘‘haying’’ is 

removed, but haying is understood to be 

a type of harvesting. Managed 

harvesting provisions are expanded to 

include uses in addition to biomass 

harvest, in exchange for a payment 

reduction as determined by CCC. The 

specific requirement for harvesting 

biomass not more than once every three 

years is removed, but CCC will continue 

to require that biomass harvesting and 

any other harvesting not defeat the 

conservation purposes of the contract. 

Appropriate vegetation management 

requirements for the land will apply 

including the timing, frequency, and 

duration that is consistent with the 

purposes of CRP. Managed harvesting 

will be conducted according to an 

approved CRP conservation plan. 

• Routine grazing, in exchange for a 

payment reduction, is added as a 

permissive use, as specified in the 2008 

Farm Bill. Appropriate vegetation 

management requirements and stocking 

rates for the land will apply, as 

appropriate, consistent with the Natural 

Resources Conservation Service (NRCS) 

Field Office Technical Guide (FOTG) 

grazing standards that are suitable for 


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Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 44069 

continued routine grazing. The allowed 

frequency and timing of routine grazing 

will take into account regional 

differences that are consistent with the 

purposes of CRP according to an 

approved CRP conservation plan. The 

provision for managed grazing that is 

incidental to the gleaning of crop 

residue is removed, but this practice is 

understood to be a type of routine 

grazing. 

• Prescribed grazing to control 

invasive species, in exchange for a 

payment reduction, is added as a 

permissive use, as specified in the 2008 

Farm Bill. Appropriate vegetation 

management requirements and stocking 

rates for the land will apply. The 

allowed frequency of prescribed grazing 

will take into account regional 

differences that are consistent with the 

purposes of CRP according to an 

approved CRP conservation plan. 

Invasive species such as kudzu and 

leafy spurge will be targeted. 

• Harvesting, grazing, or other 

commercial use of forage allowed in 

response to a drought or other 

emergency, is added as a permissive use 

in exchange for a payment reduction. 

Emergency haying and grazing has been 

allowed in the past, in response to 

droughts and other emergencies, but 

was not specified as a permitted use in 

the CFR. 

• Wind turbine installation 

provisions are revised; the 2008 Farm 

Bill requires a payment reduction for 

this use. 

The following permissive use 

provisions in § 1410.63 remain 

unchanged: 

• The general provision that the 

permissive uses in this section may be 

allowed, but are not automatically 

allowed, is unchanged. 

• Commercial shooting preserve use 

provisions are unchanged. 

• Spot grazing use provisions are 

unchanged. 

• Forestry maintenance use 

provisions are unchanged. 

• Sale of carbon, water quality, or 

other environmental credits provisions 

are unchanged. 

As noted above, in § 1410.63, there is 

the general provision that the 

permissive uses may be allowed, but are 

not automatically allowed. All of the 

permissive uses in § 1410.63 require 

approval by CCC, which also means that 

they may not be approved for use in a 

particular region or for a specific CRP 

contract. CCC will exercise the 

discretionary authority provided in 

section 2108 of the 2008 Farm Bill to 

determine which activities will be 

approved for specific CRP contracts. 

As noted above, the 2008 Farm Bill 

requires a payment reduction for the 

permissive use for wind turbine 

installation. All of the permissive uses 

except commercial shooting preserves 

and sale of carbon, water quality, or 

other environmental credits will, as in 

the past, require a payment reduction as 

determined by CCC. The reduction for 

the installation of wind turbines is new. 

The 2008 Farm Bill requires the 

payment reduction, but gives CCC 

discretionary authority as to the amount 

of the reduction. 

Incentives for Native and Managed 

Pollinator Habitat, Limited Resource 

Farmers and Ranchers, and Indian 

Tribes 

Section 2708 of the 2008 Farm Bill 

allows, but does not require, the 

Secretary to add provisions to encourage 

the development of habitat for, and use 

of conservation practices to benefit, 

native and managed pollinators. 

Accordingly, this rule adds a new 

paragraph to § 1410.62 ‘‘Miscellaneous,’’ 

to add a provision that will allow 

approval of practices to encourage the 

development of habitat for, and use of 

conservation practices to benefit, native 

and managed pollinators. FSA, working 

with NRCS and State technical 

committees, will develop and define 

conservation practice standards that 

provide habitats for pollinators. The 

requirements in those practices for 

acreage and other characteristics of 

habitat will take into account 

appropriate habitat needs relevant to 

specific geographical areas and species. 

Section 2708 of the 2008 Farm Bill 

also allows the Secretary to provide 

special incentives for certain categories 

of participants, including Indian tribes 

and limited resource farmers and 

ranchers. This rule therefore amends 

§ 1410.62, ‘‘Miscellaneous,’’ to add 

incentives for Indian tribes and for 

limited resource farmers and ranchers. 

Implementation of the incentives will be 

coordinated with other USDA programs 

that provide assistance, including CRP 

technical assistance, to these farmers 

and ranchers. Implementation will be 

subject to funding availability and 

acreage limits that apply to CRP as a 

whole. 

Notice and Comment 

CCC 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. 

CCC is authorized by section 2904 of the 

2008 Farm Bill to issue an interim rule 

effective on publication with an 

opportunity for comment. 

Executive Order 12866 

This rule has been determined to be 

economically significant and was 

reviewed by the Office of Management 

and Budget (OMB) under Executive 

Order 12866. A Cost Benefit Analysis is 

summarized below and is available from 

the contact information listed above. 

Cost Benefit Analysis 

The changes to CRP in this rule are 

expected to cost about $6.7 million per 

year over ten years (2011–2020). This is 

a net cost that reflects roughly $77 

million in additional CRP payments to 

participants over the next ten years for 

additional land enrolled through the 

county maximum acreage waivers to 

exclude certain acreage and revised 

cropping history requirements and 

payments for pollinator habitat 

practices, minus roughly $10 million in 

reduced payments for the revised 

permissive uses. The benefits to 

participants will be the net additional 

$6.7 million per year over the next ten 

years. There are expected to be 

additional non-quantifiable 

environmental benefits from the waivers 

to exclude that will allow more 

environmentally sensitive acres to be 

enrolled through continuous signup, 

from additional highly erodible land 

enrollment that could result from 

making land in long-term hay rotations 

eligible, and from the incentives for 

pollinator habitat. 

The other provisions in this rule, such 

as local preference, are expected to have 

little to no cost. These provisions will 

largely substitute one CRP participant 

for another, or one practice for another, 

leading in a shift in costs and benefits 

to different participants and practices, 

but little net cost or benefit for CRP as 

a whole. 

Regulatory Flexibility Act 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this interim rule because 

CCC is not required by 5 U.S.C. 553 or 

any other provision of law to publish a 

notice of proposed rulemaking for this 

rule. CCC is authorized by section 2904 

of the 2008 Farm Bill to issue an interim 

rule effective on publication with an 

opportunity for comment. 

Environmental Evaluation 

In 2003, FSA, on behalf of CCC, 

finalized a Programmatic Environmental 

Impact Statement (PEIS) for the 

reauthorization of the CRP in Title II of 

the Farm Security and Rural Investment 

Act of 2002 (2002 Farm Bill) and 

published a Record of Decision (ROD). 

Consistent with provisions in 40 CFR 

1508.28, in order to focus primarily on 


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44070 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 

the issues relevant to this specific rule 

and not duplicate material found in the 

2003 EIS, FSA tiered a Programmatic 

Environmental Assessment (PEA) on 

select provisions of the 2008 Farm Bill 

for CRP to the 2003 PEIS; tiering is 

appropriate when the sequence of 

analysis is lesser in scope than the 

initial programmatic statement. 

The PEA incorporated by reference 

general discussions and analysis from 

the 2003 PEIS to assess potential 

environmental impacts associated with 

implementation of only those nondiscretionary provisions identified in 

this rule for CRP consistent with the 

2008 Farm Bill. The Final PEA and 

Finding of No Significant Impact 

(FONSI) on select provisions of the 2008 

Farm Bill for CRP was published in the 

Federal Register on December 16, 2008 

(73 FR 76331–76332) for public review 

and comment. The proposed changes 

analyzed in the PEA were separate and 

distinct from the proposals for 

discretionary changes examined in the 

2010 Final Supplemental 

Environmental Impact Statement (Final 

SEIS). For those 2008 Farm Bill changes 

not examined in the PEA where 

discretion was exercised, FSA 

published a Final SEIS to the 2003 

Programmatic Environmental Impact 

Statement (PEIS) on CRP on February 

19, 2010, (75 FR 7438–7440) for public 

comment and review. 

On behalf of the Commodity Credit 

Corporation, FSA prepared a Final 

Supplemental Environmental Impact 

Statement (SEIS) for CRP and the Notice 

of Availability (NOA) was published in 

the Federal Register (FR) on June 18, 

2010 (75 FR 34737–34738). Based on a 

thorough evaluation of the resource 

areas affected by CRP, a detailed 

analysis of the Alternatives, and a 

comprehensive review of public 

comments, FSA has issued a Record of 

Decision (ROD). This decision was 

made after comparing overall 

environmental impacts and other 

relevant information with regard to the 

reasonable alternatives considered in 

the Final SEIS. The ROD can be found 

on FSA’s Web site: http:// 

www.fsa.usda.gov/FSA/webapp?area=

home&subject=ecrc&topic=nep-cd. 

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 rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This final rule is not retroactive 

and does not preempt State or local 

laws, regulations, or policies unless they 

represent an irreconcilable conflict with 

this rule. Before any judicial action may 

be brought regarding provisions of this 

rule, the administrative appeal 

provisions of 7 CFR parts 11, 624, and 

780 must be exhausted. 

Executive Order 13132 

The policies contained in this rule do 

not have any substantial direct effect on 

States, on the relationship between the 

Federal government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Nor does this 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, 

a series of regulation Tribal consultation 

sessions to gain input by Tribal officials 

concerning the impact of this rule on 

Tribal governments, communities, and 

individuals. These sessions will 

establish a baseline of consultation for 

future actions, should any become 

necessary, regarding this rule. Reports 

from these sessions for 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) for State, local, or tribal 

governments, or the private sector. 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 has been determined to be 

Major under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, (Pub. L. 104–121) (SBREFA). 

SBREFA normally requires that an 

agency delay the effective date of a 

major rule for 60 days from the date of 

publication to allow for Congressional 

review. Section 808 of SBREFA allows 

an agency to make a major regulation 

effective immediately if the agency finds 

there is good cause to do so. Section 

2904(c) provides that the authority in 

Section 808 of SBREFA will be used in 

implementing the 2008 Farm bill 

changes to the CRP. Consistent with 

section 2904(c) of the 2008 Farm Bill, 

FSA finds that it would be contrary to 

the public interest to delay 

implementation of this rule because it 

would significantly delay 

implementation of the program changes 

required by the 2008 Farm Bill by 

impeding the conduct of future general 

signups without having these additional 

changes to the program regulations in 

place. Therefore, this rule is effective on 

the date of its publication in the Federal 

Register. 

Federal Domestic Assistance Program 

The title and number of the Federal 

Domestic Assistance Program in the 

Catalog of Federal Domestic Assistance 

to which this rule applies is the 

Conservation Reserve Program—10.069. 

Paperwork Reduction Act 

The regulations in this rule are 

exempt from the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), as specified in section 2904 

of the 2008 Farm Bill, which provides 

that these regulations be promulgated 

and the programs administered without 

regard to the Paperwork Reduction Act. 

E-Government Act Compliance 

CCC 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 1410 

Administrative practice and 

procedure, Agriculture, Environmental 

protection, Grant programs— 

Agriculture, Natural resources, 

Reporting and recordkeeping 

requirements, Soil conservation, 

Technical assistance, Water resources, 

Wildlife. 

■ For the reasons explained above, this 

rule amends 7 CFR part 1410 as follows: 


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Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 44071 

PART 1410—CONSERVATION 

RESERVE PROGRAM 

■ 1. The authority citation for 7 CFR 

part 1410 continues to read as follows: 

Authority: 15 U.S.C. 714b and 714c; 16 

U.S.C. 3801–3847. 

■ 2. Amend § 1410.2 as follows: 

■ a. Revise the definition in paragraph 

(b) for ‘‘Agricultural commodity’’ to read 

as set forth below; 

■ b. Add definitions in paragraph (b), in 

alphabetical order, for ‘‘Indian tribe,’’ 

‘‘Limited resource farmer or rancher,’’ 

and ‘‘Pollinator’’ to read as set forth 

below; 

■ c. Amend the definition of 

‘‘Conserving use’’ by removing the words 

‘‘1996 through 2001’’ each time they 

appear and adding, in their place, the 

words ‘‘2002 through 2007’’; and 

■ d. Amend the definition of 

‘‘Considered planted’’ by removing the 

words ‘‘or will expire during calendar 

year 2000, 2001, or 2002’’. 

§ 1410.2 Definitions. 

* * * * * 

(b) * * * 

Agricultural commodity means: 

(1) Any crop planted and produced by 

annual tilling of the soil or on an annual 

basis by one-trip planters, 

(2) Sugarcane planted or produced in 

a State, or 

(3) Alfalfa and other multi-year 

grasses and legumes grown in a rotation 

practice as approved by CCC. 

* * * * * 

Indian tribe means any Indian tribe, 

band, nation, or other organized group, 

or community, including pueblos, 

rancherias, colonies and any Alaska 

Native Village, or regional or village 

corporation as defined in or established 

pursuant to the Alaska Native Claims 

Settlement Act (43 U.S.C. 1601–1629h), 

which is recognized as eligible for the 

special programs and services provided 

by the United States to Indians because 

of their status as Indians. 

* * * * * 

Limited resource farmer or rancher 

means: 

(1) A person with direct or indirect 

gross farm sales of not more than 

$155,200 in each of the previous two 

calendar years preceding the year of 

enrollment (adjusted for inflation using 

Prices Paid by Farmer Index as 

compiled by the USDA National 

Agricultural Statistics Service), and 

(2) A total household income at or 

below the national poverty level for a 

family of four, or less than 50 percent 

of county median household income in 

each of the previous two years (to be 

determined annually using U.S. 

Department of Commerce data). 

* * * * * 

Pollinator means an insect or other 

animal that carries pollen from one 

flower to another. 

* * * * * 

■ 3. Revise § 1410.4(b) to read as 

follows: 

§ 1410.4 Maximum county acreage. 

* * * * * 

(b) The restrictions in paragraph (a) of 

this section may be waived by CCC as 

follows: 

(1) If CCC determines that such action 

would not adversely affect the local 

economy of the county and that 

operators in the county are having 

difficulties complying with 

conservation plans implemented under 

part 12 of this title; or 

(2) Cropland in a county enrolled 

under continuous signup provisions as 

specified in § 1410.30 or § 1410.50 may 

be excluded from the restrictions in 

paragraph (a) of this section, as 

determined by CCC, provided that the 

county government concurs. 

* * * * * 

§ 1410.6 [Amended] 

■ 4. Amend § 1410.6 as follows: 

■ a. In paragraphs (a)(1), (a)(2) 

introductory text, (a)(2)(i)(B), (a)(2)(i)(C), 

(a)(2)(ii) introductory text, (a)(2)(ii))B), 

(a)(3), (b)(1) introductory text, (b)(2)(iii), 

(b)(6), (b)(7), (b)(11), (b)(12), (c) 

introductory text and (c)(3), remove the 

words ‘‘the Deputy Administrator’’ each 

time they appear and add, in their place, 

the word ‘‘CCC’’, 

■ b. In paragraph (a)(1), remove the 

words ‘‘1996 through 2001’’ and add, in 

their place, the words ‘‘2002 through 

2007’’, 

■ c. Remove paragraph (a)(2)(i), 

■ d. Redesignate paragraph (a)(2)(ii) as 

paragraph (a)(2)(i) and reserve 

paragraph (a)(2)(ii), and 

■ e. In newly redesignated paragraph 

(a)(2)(i), introductory text, second 

sentence, add the word ‘‘by’’ before the 

word ‘‘CCC’’. 

■ 5. Amend § 1410.31 to redesignate 

paragraph (c) as paragraph (d) and to 

add new paragraph (c) to read as 

follows: 

§ 1410.31 Acceptability of offers. 

* * * * * 

(c) Notwithstanding paragraph (b) of 

this section, when all other appropriate 

factors are equivalent, CCC may give 

preference to offers from residents of the 

county or contiguous county where the 

offered land is located. 

* * * * * 

■ 6. Amend § 1410.62 as follows: 

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

‘‘beginning and socially disadvantaged’’ 

and add, in their place, the words 

‘‘Indian tribes and beginning, limited 

resource, and socially disadvantaged’’ 

and 

■ b. Add paragraph (h) to read as 

follows: 

§ 1410.62 Miscellaneous. 

* * * * * 

(h) As determined by CCC, consistent 

with the purposes of CRP, the 

development of habitat for, and use of 

conservation practices for, native and 

managed pollinators may be authorized. 

■ 7. Amend § 1410.63 by revising 

paragraph (c) to read as follows: 

§ 1410.63 Permissive uses. 

* * * * * 

(c) The following activities may be 

permitted, as determined by CCC, on 

CRP enrolled land insofar as they are 

consistent with the conservation 

purposes of the program including 

timing, frequency, and duration as 

provided in an approved CRP 

conservation plan that identifies 

appropriate vegetative management 

requirements: 

(1) Managed harvesting, including 

harvest of biomass, but only in exchange 

for a payment reduction as determined 

by CCC and in accordance with harvest 

frequency and timing of harvesting 

activities outside the official nesting and 

broodrearing season only as identified 

in an approved CRP conservation plan; 

(2) Routine grazing, but only in 

exchange for a payment reduction as 

determined by CCC and in accordance 

with appropriate vegetative 

management requirements and stocking 

rates for the land, grazing frequency, 

and grazing periods outside the official 

nesting and broodrearing season only as 

identified in an approved CRP 

conservation plan; 

(3) Prescribed grazing to control 

invasive species, but only in exchange 

for a payment reduction as determined 

by CCC and in accordance with 

appropriate vegetative management 

requirements and stocking rates for the 

land, grazing frequency, and grazing 

periods outside the official nesting and 

broodrearing season only as identified 

in an approved CRP conservation plan; 

(4) Harvesting, grazing, or other 

commercial use of the forage on the land 

in response to a drought or other 

emergency, but only in exchange for a 

payment reduction as determined by 

CCC; 

(5) Wind turbines on CRP land 

installed in numbers and locations as 

determined appropriate by CCC 


sroberts on DSKD5P82C1PROD with RULES
44072 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 

considering the location, size, and other 

physical characteristics of the land, the 

extent to which the land contains 

wildlife and wildlife habitat, and the 

purposes of CRP, but only in exchange 

for a payment reduction as determined 

by CCC; 

(6) Spot grazing, if necessary for 

control of weed infestation, and not to 

exceed a 30-day period according to an 

approved conservation plan, but only in 

exchange for a payment reduction as 

determined by CCC; 

(7) Forestry maintenance such as 

pruning, thinning, and timber stand 

improvement on lands converted to 

forestry use, but only in accordance 

with a conservation plan, and only in 

exchange for a payment reduction as 

determined by CCC; and 

(8) The sale of carbon, water quality, 

or other environmental credits, as 

determined appropriate by CCC. 

Signed at Washington, DC, on July 21, 

2010. 

Jonathan W. Coppess, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2010–18473 Filed 7–27–10; 8:45 am] 

BILLING CODE 3410–05–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 110 

[NRC–2008–0567] 

RIN 3150–AI16 

Export and Import of Nuclear 

Equipment and Material; Updates and 

Clarifications 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The United States Nuclear 

Regulatory Commission (NRC) is 

amending its regulations that govern the 

export and import of nuclear equipment 

and material. This rule allows 

International Atomic Energy Agency 

Code of Conduct on the Safety and 

Security of Radioactive Sources 

Category 1 and 2 quantities of 

radioactive materials to be imported 

under a general license. This rule also 

revises the definition of ‘‘radioactive 

waste’’ and removes the definition of 

‘‘incidental radioactive material.’’ In 

addition, this rule updates, clarifies, and 

corrects several provisions. 

DATES: The rule is effective on August 

27, 2010. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2008–0567]. Address questions 

about NRC dockets to Ms. Carol 

Gallagher at 301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brooke G. Smith, Senior International 

Policy Analyst, Office of International 

Programs, U.S. Nuclear Regulatory 

Commission, MS–O4E21, Washington, 

DC 20555–0001; telephone: (301) 415– 

2347; e-mail: brooke.smith@nrc.gov, or 

Jill Shepherd, Licensing Officer, Office 

of International Programs, U.S. Nuclear 

Regulatory Commission, MS–O4E21, 

Washington, DC 20555–0001; telephone: 

(301) 415–3635; email: 

jill.shepherd@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Analysis of Public Comments on Proposed 

Rule 

III. Section-by-Section Analysis 

I. Background 

On June 23, 2009, the NRC published 

a proposed rule that requested 

comments on the proposed changes to 

10 CFR part 110, Export and Import of 

Nuclear Equipment and Material (74 FR 

29614). This final rule updates, clarifies, 

and corrects several provisions in 10 

CFR part 110 to improve NRC’s 

regulatory framework for the export and 

import of nuclear equipment, material, 

and radioactive waste. It also clarifies 

and corrects the regulations addressing 

the general license for the export of 

byproduct material. In addition, changes 

are made to the regulations governing 

the export and import of International 

Atomic Energy Agency (IAEA) Code of 

Conduct on the Safety and Security of 

Radioactive Sources Category 1 and 

Category 2 quantities of radioactive 

materials listed in appendix P to 10 CFR 

part 110 and the definition of 

‘‘radioactive waste’’ in 10 CFR part 110. 

A discussion of the most significant 

changes follows. 

A. Category 1 and 2 Quantities of 

Radioactive Material Listed in Appendix 

P to 10 CFR Part 110 

The NRC reevaluated the need for a 

specific license for the import of 

Category 1 and 2 quantities of 

radioactive material to a U.S.-licensed 

user in light of enhancements made to 

the NRC’s domestic regulatory 

framework. As a result, the NRC is 

amending 10 CFR part 110 to allow 

imports of Category 1 and 2 quantities 

of materials listed in Appendix P under 

a general license. 

After the attacks of September 11, 

2001, the Commission determined that 

certain licensed material should be 

subject to enhanced security 

requirements and safeguarded during 

transport, and that individuals with 

unescorted access to risk-significant 

quantities of radioactive material should 

be subject to background investigations. 

The results of vulnerability assessments 

performed by the NRC were used in the 

development of security enhancement 

orders that were issued to licensees 

using a graded approach based on the 

relative risk and quantity of material 

possessed by the licensee. (70 FR 72128; 

December 1, 2005) These security orders 

specifically address the security of 

byproduct material possessed in 

quantities greater than, or equal to, 

Category 1 and 2 quantities. The orders 

provide for enhanced security measures 

for such things as license verification 

before transfer, intrusion detection and 

response, access control, and 

coordination with local law 

enforcement authorities. The orders also 

contain requirements for the licensee to 

determine the trustworthiness and 

reliability of individuals permitted 

unescorted access to risk-significant 

radioactive materials. The 

determination involves a background 

investigation of the individual. 

With the passage of the Energy Policy 

Act of 2005 giving the NRC new 

fingerprinting authority, the 

Commission determined that 

individuals with access to Category 1 

and 2 quantities of radioactive material 

warrant fingerprinting and FBI criminal 

history records checks. 

By the end of 2007, the NRC had 

issued orders to all NRC licensees that 

possessed Category 1 or 2 quantities of 

radioactive material (72 FR 70901; 

December 13, 2007) to require 

fingerprinting and FBI criminal history 


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