This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

48035 

Vol. 78, No. 152 

Wednesday, August 7, 2013 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1410 

RIN 0560–AH80 

Conservation Reserve Program, ReEnrollment 

AGENCY: Commodity Credit Corporation, 

USDA. 

ACTION: Final rule; Technical 

Amendment. 

SUMMARY: This rule makes a technical 

correction to the Commodity Credit 

Corporation (CCC) Conservation Reserve 

Program (CRP) regulations to clarify that 

land with use restrictions that prohibit 

the production of agricultural 

commodities, typically through an 

easement or other deed restrictions, is 

not eligible for re-enrollment in CRP. 

This is not a new policy and would not 

have affected any program 

determinations for recent CRP sign ups, 

had this change been specified in the 

regulations at the time. This amendment 

will improve the regulations by 

maintaining consistency with 

longstanding policy. This rule corrects a 

provision in the current regulations that 

allows re-enrollment in CRP of land 

with easements or other deed 

restrictions that restrict the production 

of agricultural commodities. A 2003 

interim rule inadvertently added that 

provision through an incorrect crossreference, but clearly stated in the 

preamble that the intent was to exclude 

land with such easements or deed 

restrictions from re-enrollment. 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. 

DATES: Effective Date: August 7, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Beverly J. Preston; telephone 202–720– 

9563. Persons with disabilities who 

require alternative means for 

communications (Braille, large print, 

audio tape, etc.) should contact the 

USDA Target Center at (202) 720–2600 

(voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

CRP was first authorized in the Food 

Security Act of 1985 (16 U.S.C. 3830– 

3835a, commonly known as the 1985 

Farm Bill). This rule amends the CRP 

regulations in 7 CFR part 1410 to clarify 

that land with use restrictions that 

prohibit the production of agricultural 

commodities, typically through an 

easement or other deed restriction, is 

not eligible for re-enrollment in CRP. 

The purpose of CRP is to costeffectively assist producers in 

conserving and improving soil, water, 

wildlife, and other natural resources by 

converting environmentally-sensitive 

acreage generally devoted to the 

production of agricultural commodities 

to a long-term vegetative cover and to 

address issues raised by State, regional, 

and national conservation initiatives. 

Participants enroll land in CRP 

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. The purpose and 

scope of CRP are not changing with this 

rule. 

The regulations in 7 CFR 1410.6(c)(2) 

specifies that land is ineligible for 

enrollment into CRP if the use of the 

land is restricted through deed or other 

restrictions prior to enrollment in CRP 

prohibiting the production of 

agricultural commodities during any 

part of the contract term. However, 

through an incorrect cross reference that 

is being removed with this rule, this 

section also provides an exception to 

the easement ineligibility if the land is 

re-enrolled in the CRP during the final 

year of an expiring CRP contract. As 

currently written, the regulation 

therefore allows for re-enrolling land 

into CRP even if there is an easement in 

place, or an easement has been filed that 

would begin as soon as the current CRP 

contract expires; even though such 

easement restricts the production of 

agricultural commodities. 

It was never the intent or the policy 

of CCC to allow land with such crop use 

restrictions to be re-enrolled in CRP. 

That provision was inadvertently added 

in the 2003 interim rule implementing 

2002 Farm Bill (the Farm Security and 

Rural Investment Act of 2002, Pub. L. 

107–171) changes to CRP, which was 

published in the Federal Register on 

May 8, 2003 (68 FR 24830–24845). The 

preamble to the 2003 interim rule, states 

specifically ‘‘ . . . any acreage currently 

in the CRP will be basically eligible to 

be offered for continued enrollment if 

the current contract is scheduled to 

expire the day before a new contract 

would become effective. However, land 

will be ineligible for enrollment if it is 

subject to a CRP useful life easement 

that extends beyond the current contract 

term. The interim rule provides that reenrollment of currently enrolled acreage 

will be based on the same criteria as for 

enrolling new acreage.’’ 

Nearly all FSA and CCC programs 

have specific prohibitions on duplicate 

payments, meaning that beneficiaries 

may not receive payments from two 

different programs for the same land, 

crop, or loss. Allowing for re-enrollment 

in CRP where the land is already under 

an easement would be a type of 

duplicate payment, because landowners 

have already been compensated for the 

easement, usually by a State. CCC has 

not and should not pay participants 

annual CRP rental payments on land 

where an easement already ensures that 

the conservation benefits established 

under the original CRP contract will 

continue long term or even 

permanently. As noted in the preamble 

to the final rule for CRP published in 

the Federal Register on May 14, 2004 

(69 FR 26755–26763), no comments 

were received on the 2003 interim rule 

opposing the ineligibility provision for 

re-enrollment of land with easements, as 

specified in the preamble. CCC has not 

allowed such re-enrollment, as stated 

consistently in the handbooks for CRP. 

However, the correction in this rule is 

needed to make the regulations 

consistent with policy. 

If re-enrollment of land with 

restrictive easements were allowed, the 

primary beneficiaries would be 

landowners whose land is enrolled at 

the State level in the Conservation 

Reserve Enhancement Program (CREP). 


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48036 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 

Many States require long term or even 

permanent easements as a condition of 

enrollment in CREP, and compensate 

landowners for those easements. Since 

such land already has easements, reenrolling that land in CRP would force 

CCC to pay annual rental payments in 

exchange for no increase in 

environmental benefits. If this 

correction is not made, and our existing 

policy cannot be enforced, about 400– 

500 contracts could be re-enrolled for an 

additional 10 to 15 years of rental 

payments, at a potential cost to the 

government of $180–250 million total 

for no additional environmental 

benefits. Since CRP has an enrollment 

cap, and CREP re-enrollments would be 

non-competitive, those 400–500 

contracts could potentially ‘‘crowd out’’ 

other applicants representing new, 

additional actual environmental 

benefits. Therefore, this correction is 

needed to ensure that the limited CRP 

funding goes to CRP contracts with 

specific environmental benefits. 

Notice and Comment 

This rule is technical in nature, not 

substantive, and a delay in 

implementing this rule would be 

contrary to the public interest. 

Therefore, this rule is effective on 

publication. Also, regulations for this 

program are exempt from the notice and 

comment requirements of the 

Administrative Procedure Act (5 U.S.C. 

553), as specified in section 2904 of the 

2008 Farm Bill (Pub. L. 110–246, the 

Food, Conservation, and Energy Act of 

2008), which allows that the regulations 

be promulgated and administered 

without regard to the notice and 

comment provisions of 5 U.S.C. 553 or 

the Statement of Policy of the Secretary 

of Agriculture effective July 24, 1971, 

(36 FR 13804) relating to notices of 

proposed rulemaking and public 

participation in rulemaking. 

Executive Order 12866 and 13563 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasized the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This 

technical correction, which is the result 

of a retrospective review of existing 

regulations, will improve the clarity of 

the regulation and harmonize it with 

longstanding USDA policy and existing 

handbooks. 

This technical amendment did not 

require Office of Management and 

Budget (OMB) designation of the level 

of significance under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and therefore OMB has not 

reviewed this rule. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act (5 U.S.C. 

553) or any other statute, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule is not subject to the Regulatory 

Flexibility Act because CCC is not 

required to publish a notice of proposed 

rulemaking for this rule. 

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 technical correction identified 

in this final rule does not change the 

structure or goals of the program and 

can be considered simply administrative 

in nature. Therefore, FSA has 

determined that NEPA does not apply to 

this final rule and no environmental 

assessment or environmental impact 

statement will be prepared. 

Executive Order 12372 

This program is not subject to 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ 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.’’ The provisions of this rule 

will not have preemptive effect with 

respect to any State or local laws, 

regulations, or policies that conflict 

with such provision or which otherwise 

impede their full implementation. The 

rule will not have retroactive effect. 

Before any judicial action may be 

brought regarding this rule, all 

administrative remedies must be 

exhausted. 

Executive Order 13132 

This rule has been reviewed under 

Executive Order 13132, ‘‘Federalism.’’ 

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 would this 

rule impose substantial direct 

compliance costs on State and local 

governments. Therefore, consultation 

with the States is not required. 

Executive Order 13175 

This rule has been reviewed for 

compliance with Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments.’’ 

Executive Order 13175 imposes 

requirements on the development of 

regulatory policies that have tribal 

implications or preempt tribal laws. The 

policies contained in this rule do not 

preempt Tribal law. USDA continues to 

consult with Tribal officials to have a 

meaningful consultation and 

collaboration on the development and 

strengthening of USDA regulations. 

Unfunded Mandates 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) requires Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments or the private sector. 

Agencies generally must prepare a 

written statement, including a cost 

benefit analysis, for proposed and final 

rules with Federal mandates that may 

result in expenditures of $100 million or 

more in any 1 year for State, local, or 

Tribal governments, in the aggregate, or 

to the private sector. UMRA generally 

requires agencies to consider 

alternatives and adopt the more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal mandates, 

as defined under title II of the UMRA, 

for State, local, and Tribal governments 

or the private sector. Therefore, this rule 

is not subject to the requirements of 

sections 202 and 205 of UMRA. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under the 

Small Business Regulatory Enforcement 

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


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Rules and Regulations 48037 

SBREFA) and FSA is not required to 

delay the effective date for 60 days from 

the date of publication to allow for 

Congressional review. Accordingly, this 

rule is effective on the date of 

publication in the Federal Register. 

Federal Assistance Programs 

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 in Title II of the 2008 

Farm Bill be 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, CCC 

amends 7 CFR part 1410 as follows: 

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. 

§ 1410.6 [Amended] 

■ 2. Amend § 1410.6, paragraph (c)(2), 

by removing the words ‘‘and (3)’’. 

Signed on July 29, 2013. 

Juan M. Garcia, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2013–19017 Filed 8–6–13; 8:45 am] 

BILLING CODE 3410–05–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 95 

[NRC–2011–0268] 

RIN 3150–AJ07 

Facility Security Clearance and 

Safeguarding of National Security 

Information and Restricted Data 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is updating its 

regulations to standardize the frequency 

of required security education training 

for employees of NRC licensees 

possessing security clearances so that 

such training will be conducted 

annually consistent with the objectives 

of Executive Order 13526, Classified 

National Security Information. The rule 

allows licensees flexibility in 

determining the means and methods for 

providing this training. This action 

establishes uniformity in the frequency 

of licensee security education and 

training programs and enhances the 

protection of classified information. 

DATES: This rule is effective October 21, 

2013 unless significant adverse 

comments are received by September 6, 

2013. 

ADDRESSES: Please refer to Docket ID 

NRC–2011–0268 when contacting the 

NRC about the availability of 

information for this direct final rule. 

You may access information and 

comment submittals related to this 

direct final rule, which the NRC 

possesses and is publicly available, by 

any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2011–0268. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, please contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

proposed rule. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Daniel W. Lenehan, Office of the 

General Counsel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

3501, email: Daniel.Lenehan@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion 

III. Section-by-Section Analysis 

IV. Procedural Background 

V. Compatibility of Agreement State 

Regulations 

VI. Plain Writing 

VII. Voluntary Consensus Standards 

VIII. Environmental Impact: Categorical 

Exclusion 

IX. Paperwork Reduction Act Statement 

X. Regulatory Analysis 

XI. Regulatory Flexibility Act Certification 

XII. Backfitting 

XIII. Congressional Review Act 

I. Background 

On December 29, 2009, the President 

signed Executive Order 13526, 

Classified National Security 

Information, which was published in 

the Federal Register on January 5, 2010 

(75 FR 707). The Executive Order 

prescribes training requirements 

applicable to the NRC for the proper 

safeguarding of national security 

information and requires the NRC to 

ensure that classified information 

disseminated outside the executive 

branch is protected ‘‘in a manner 

equivalent to that provided within the 

executive branch.’’ The Information 

Security Oversight Office (ISOO) within 

the National Archives and Records 

Administration, which is responsible for 

issuing guidance to Federal agencies on 

the implementation of the Executive 

Order, issued a final rule (75 FR 37254; 

June 28, 2010) amending 32 CFR parts 

2001 and 2003 (ISOO Regulations). The 

final rule requires executive branch 

agencies to conduct classified 

information security refresher briefings 

for all cleared employees at least 

annually, and to provide derivative 

classification training for employees 

authorized to apply derivative 

classifications prior to exercising such 

authority and at least once every 2 years 

thereafter. This rulemaking will 

establish standard training requirements 

for NRC licensee security education and 


emcdonald on DSK67QTVN1PROD with RULES