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

10569 

Vol. 80, No. 39 

Friday, February 27, 2015 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1450 

RIN 0560–AI27 

Biomass Crop Assistance Program 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: The Farm Service Agency 

(FSA) is amending the Biomass Crop 

Assistance Program (BCAP) regulations 

to implement changes required by the 

Agricultural Act of 2014 (the 2014 Farm 

Bill). BCAP provides financial 

assistance to producers who establish, 

collect, harvest, store, and transport 

biomass crops. The 2014 Farm Bill 

reauthorizes BCAP, with certain 

changes that are implemented in this 

rule. The changes include reducing the 

payment rate per ton for collection, 

harvest, storage, and transportation of 

eligible materials, and limiting the cost 

share per acre for establishment of 

biomass crops. The requirements for 

eligible material and eligible land are 

revised in this rule, as required by the 

2014 Farm Bill. The general scope of 

BCAP is not changing with this rule. 

DATES: 

Effective Date: May 28, 2015. 

Comment Date: We will consider 

comments we receive by April 28, 2015. 

ADDRESSES: We invite you to submit 

comments on this rule. In your 

comment, please specify RIN 0560–AI27 

and 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, Hand Delivery, or Courier: 

Kelly Novak, FSA CEPD, USDA, STOP 

0513, 1400 Independence Ave. SW., 

Washington, DC 20250–0513. 

All written comments will be 

available for inspection online at 

www.regulations.gov and at the mail 

address above during business hours 

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

Friday, except holidays. A copy of this 

rule is available through the FSA home 

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

FOR FURTHER INFORMATION CONTACT: 

Kelly Novak, telephone (202) 720–4053. 

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). 

SUPPLEMENTARY INFORMATION: 

Background 

BCAP is an FSA administered 

program using Commodity Credit 

Corporation (CCC) funds. Section 9010 

of the 2014 Farm Bill (Pub. L. 113–79) 

amends 7 U.S.C. 8111 and reauthorizes 

BCAP with certain changes. BCAP 

provides assistance to biomass 

producers and owners in two payment 

categories: 

• Matching payments to eligible 

material owners for the delivery of 

eligible material to qualified Biomass 

Conversion Facilities (BCFs). Qualified 

BCFs use biomass feedstocks to produce 

heat, power, biobased products, 

research, or advanced biofuels. The 

2014 Farm Bill adds research as an 

authorized use of material by BCFs. 

• Establishment and annual payments 

to producers who enter into contracts 

with CCC to produce eligible biomass 

crops on contract acres within BCAP 

project areas. 

This rule implements all the required 

2014 Farm Bill changes to both parts of 

the program and seeks comment on 

FSA’s implementation of BCAP, given 

the required changes and changes to 

funding. The rule also includes several 

discretionary changes, including the 

removal of the participant’s option for 

assignment of BCAP payments to third 

parties, and a clarification of how the 

two-year period of eligibility for 

matching payments, commencing with 

the effective date of this rule, will be 

calculated. 

Definitions and Terms Used in This 

Rule 

This rule adds, removes, or revises the 

following definitions: 

• ‘‘Agricultural residue’’ is being 

added and includes crop residues and 

woody orchard wastes. Both these types 

of residues can be eligible materials. 

• ‘‘Beginning farmer or rancher’’ is 

being removed, because that term is 

defined in 7 CFR part 718, which is 

referenced in § 1450.2. 

• ‘‘Dry ton’’ is being revised to clarify 

requirements for measuring moisture 

content of eligible woody materials. 

• ‘‘Eligible crop’’ is being revised to 

clarify that noxious and invasive species 

are ineligible for establishment and 

annual payments, and to move specific 

eligibility requirements to § 1450.200. 

• ‘‘Eligible land’’ is being added to 

reflect the 2014 Farm Bill requirements, 

which add eligibility for Conservation 

Reserve Program (CRP) acreage or land 

in the Agricultural Conservation 

Easement Program (ACEP) that expires 

in the current year of a BCAP project 

area signup and has not yet received a 

CRP or ACEP annual rental payment in 

the current year. 

• ‘‘Eligible material’’ is being revised 

to reflect the 2014 Farm Bill required 

changes for matching payments, and to 

move the specific eligibility 

requirements for material for matching 

payments to section § 1450.103. 

• ‘‘Native sod’’ is being revised to 

reflect the 2014 Farm Bill’s change in 

definition for native sod that is required 

for other USDA programs. For the 

purposes of consistency with crop 

insurance and the Noninsured Crop 

Disaster Assistance Program (NAP) 

regulations that now restrict the 

eligibility of native sod for those 

programs, the definition of native sod 

for the purposes of BCAP will now 

include ground that has never been 

tilled or the producer cannot 

substantiate that the ground has ever 

been tilled. 

• ‘‘Socially disadvantaged farmer or 

rancher’’ is being removed, because that 

term is defined in 7 CFR part 718, 

which is referenced in § 1450.2. 

Matching Payments 

The changes to the BCAP matching 

payments required by the 2014 Farm 

Bill include a reduced payment rate of 

up to $1 for each $1 per ton provided 

by the biomass conversion facility, in an 

amount not to exceed $20 per dry ton 

(previously $45 per ton) for a period of 

up to 2 years. The rate is being changed 

in § 1450.106. 


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10570 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 

As specified in the 2014 Farm Bill 

and in this rule, bagasse, which 

includes sugar cane and sorghum 

biomass, is now specifically excluded 

from the definition of an eligible 

material and the requirements for 

eligible materials in Subpart B. This rule 

also requires that all eligible material be 

collected or harvested directly from the 

land according to an approved 

conservation plan, forest stewardship 

plan, or equivalent plan. For example, 

manufacturing wood wastes that are not 

harvested directly from the land, such 

as sawdust or sawmill residues, are not 

eligible woody material. Woody 

material, including orchard waste, must 

be collected and harvested directly from 

the land and must also be a by-product 

of preventive treatments for hazardous 

fuel reductions, or reduction or 

containment of disease or insect 

infestations. Woody material that is a 

by-product of preventative treatments 

solely for the purpose of restoring 

ecosystem health is no longer eligible. 

Woody material that can be used to 

create a higher-value product (such as a 

mulch product) is not eligible. The 2014 

Farm Bill definition of ‘‘eligible 

material’’ also specifies that eligible 

material can now be used by a biomass 

conversion facility for the purpose of 

research, in addition to heat, power, 

biobased products and advanced 

biofuels. 

The 2014 Farm Bill clarifies that the 

rate for matching payments must be 

based on a ‘‘dry’’ ton. Therefore, this 

rule adds a requirement that biomass 

conversion facilities must use the 

applicable American Society for Testing 

and Materials (ASTM) standards to 

determine dry ton weight of eligible 

materials. In addition, the eligible 

material owner, as specified in 

§ 1450.104, is required to submit a 

request for payment on approved 

eligible woody material deliveries based 

on the dry ton weight that was 

determined using an ASTM standard. 

The 2014 Farm Bill continues the 

matching payment eligibility period of 2 

years total per eligible material owner. 

This rule specifies that any matching 

payments received before the effective 

date of this final rule will not count 

towards an eligible material owner’s 2- 

year period of eligibility for matching 

payments. This is a discretionary 

decision. FSA determined that the 

revised requirements for eligible 

materials and the reduction in payment 

rate changed the scope of the matching 

payments part of BCAP to the extent 

that a new 2-year period of payment 

eligibility for eligible material owners is 

appropriate. 

Project Areas 

The changes to BCAP establishment 

and annual payments required by the 

2014 Farm Bill include: 

• Project area selection criteria will 

include consideration of existing project 

areas and continuation of funding to 

advance the maturity of such project 

areas; 

• Land eligibility will now include 

expiring CRP land and ACEP land, but 

the 2014 Farm Bill prohibits the 

Secretary from making a BCAP payment 

if a CRP or ACEP payment was received 

in the same year; 

• Establishment payment rates are 

reduced to not more than 50 percent of 

the costs of establishing an eligible 

perennial crop, not to exceed $500 per 

acre, except that socially disadvantaged 

farmers or ranchers may be reimbursed 

up to $750 per acre; and 

• Any plant that is an invasive or 

noxious species is explicitly excluded 

from the definition of ‘‘eligible crop.’’ 

The 2014 Farm Bill also provides 

specific authority for the Secretary to 

consider whether the biomass 

conversion facility for the project area 

has equity sufficient to be in operation 

by the date on which the eligible crops 

are ready for harvest. Under prior 

regulations, CCC could require 

information demonstrating that the 

biomass conversion facility would have 

sufficient equity available to operate. 

We are requesting comments on how we 

should apply this criterion in future 

Requests for Proposals (see Comments 

Requested section below). 

The 2014 Farm Bill clarifies that 

eligible crops for a project area do not 

include invasive or noxious species or 

varieties of plants. Therefore, this rule 

amends § 1450.200 to effect that 

exclusion. If a project area proposal 

includes species or plant varieties 

whose potential to be invasive or 

noxious has not yet been determined, 

the 2014 Farm Bill requires CCC to use 

‘‘credible risk assessment tools or other 

credible sources’’ to determine which 

plants are invasive or noxious in a 

particular area. We are requesting 

comments on which credible risk 

assessment tools or other credible 

sources for determination CCC should 

use (see Comments Requested section 

below). The requirement to use credible 

risk assessment tools to determine 

which plants are invasive or noxious is 

in addition to the existing National 

Environmental Policy Act (NEPA) 

requirements that apply to BCAP, which 

are not changing. FSA will continue to 

require the appropriate level of (NEPA) 

review, consistent with 7 CFR 799, for 

BCAP project area proposals. 

As required by the 2014 Farm Bill, 

this rule amends § 1450.202 to include 

status as an existing project area as a 

new criterion in selecting BCAP project 

areas for funding, in order to advance 

the maturity of existing project areas. 

The 2014 Farm Bill does not specify 

what is meant by ‘‘maturity’’ of a project 

area. Different factors could be 

considered when determining 

‘‘maturity,’’ including the harvesting of 

longer term crops, such as biomass 

trees, or the expansion of a project area, 

making it more economically viable in 

the long term. We are requesting 

comments on how FSA should apply 

this criterion (see Comments Requested 

section below). 

This rule amends § 1450.204 to make 

the changes in the definition of eligible 

land required by the 2014 Farm Bill. 

Specifically, CRP contract acreage and 

Grassland Reserve Program (GRP) 

contract acreage were previously not 

eligible for BCAP, regardless of whether 

or not the CRP or GRP contract was due 

to expire within the year. The 2014 

Farm Bill allows CRP acres that are in 

their expiring year, and which have not 

yet received an annual rental payment, 

to be eligible for enrollment into BCAP. 

The 2014 Farm Bill consolidates noneasement GRP acres into the CRP, so 

GRP acres are included in the 

provisions for expiring CRP land. The 

2014 Farm Bill also consolidates GRP 

easements and Wetland Reserve 

Program (WRP) contract acreage into the 

newly created ACEP, administered by 

the USDA Natural Resources 

Conservation Service (NRCS). Therefore, 

§ 1450.204 now specifies that the 

expiring ACEP acres are also eligible for 

enrollment in BCAP, provided no 

current year annual payment was 

received. This rule removes obsolete 

references to GRP and WRP acreage 

eligibility. 

This rule is revising the levels and 

rates for establishment payments in 

§ 1450.213 to reflect the limits provided 

in the 2014 Farm Bill. Specifically, the 

2014 Farm Bill reduces the cost share 

for establishment payments from 75 

percent to 50 percent of actual 

establishment costs and sets a payment 

limit of $500 per acre. The limit is $750 

per acre if the producer is a socially 

disadvantaged farmer or rancher. There 

was no previous cap on payments per 

acre. 

Removal of Assignment Provisions 

As a discretionary decision, this rule 

removes § 1450.9 ‘‘Assignments.’’ That 

section included provisions that 

allowed participants to assign BCAP 

payments, including both matching and 

establishment payments, to third 


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Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 10571 

parties. This change is intended to 

improve program integrity and 

transparency. BCAP payments, as 

specified in the 2014 Farm Bill, are 

intended to benefit the land owner or 

operator or the eligible material owner. 

The removal of assignment of payments, 

under the matching payment portion of 

the program, lessens the potential for 

inappropriate assignment of payments 

to biomass conversion facilities under 

unauthorized value sharing 

arrangements. The removal of 

assignments, under the project area 

portion of the program, will likely 

provide greater clarity to stakeholders in 

project areas, which include project area 

sponsors and the contracting producers. 

The removal of the assignment of 

payment will help clarify that any crop 

establishment or harvesting services 

provided by the project sponsor or any 

other provider to the producer are 

services outside the scope of the BCAP 

program and the BCAP contract, and 

that financial responsibility for those 

actions is between the service provider 

and the producer. 

Policy Changes for Project Area 

Activities 

FSA will make certain changes to the 

way the establishment and annual 

payments portion of BCAP is 

implemented. These policies do not 

require changes to the regulations. As 

noted below, we are requesting 

comments on this rule and on 

implementation issues; these changes 

are being explained to provide 

information for the commenters (see 

Comments Requested section below). 

The requirements for project area 

signup are largely unchanged by the 

2014 Farm Bill. FSA will continue to 

initiate project area signup by first 

requesting project area proposals. Once 

FSA receives proposals, FSA will select 

and designate geographic-and-eligiblecrop-specific project areas, and then 

announce producer signup at FSA 

county offices. 

The process for producer signup is 

changing, to improve program 

effectiveness. In an effort to provide 

more timely outreach during signup, 

FSA will be evaluating and adjusting 

the timing of the producer signup 

process. In previous years, BCAP signup 

periods for establishment payments in 

approved project areas were relatively 

short and at less than optimal times for 

establishing crops. Therefore, FSA is 

revising the producer signup process to 

allow project area signups to take place 

on a continuous basis within the 

constraints of available funding. 

As noted below in the Comments 

Requested section, FSA welcomes 

public input on BCAP implementation 

issues and policies. Most of the itemized 

issues pertain to changes the 2014 Farm 

Bill made to the establishment and 

annual payments component of the 

program. 

Funding Changes in the 2014 Farm Bill 

The 2014 Farm Bill specifies the 

annual amount of funds authorized for 

BCAP and specifies how funding may 

be allocated among various activities. 

Specifically, the 2014 Farm Bill 

provides mandatory funding of $25 

million for each of fiscal years 2014 

through 2018, and specifies that the 

Secretary must use not less than 10 

percent, nor more than 50 percent, of 

the funding for each fiscal year for 

BCAP matching payments. The $25 

million each fiscal year is subject to 

sequestration or other reductions 

through the appropriations process. 

Section 716 of the Consolidated and 

Further Continuing Appropriations Act, 

2015 (Pub. L. 113–235) effectively 

limited the funding available for BCAP 

in fiscal year 2015 to $23 million. The 

previous authorization for BCAP 

provided such sums as necessary from 

the mandatory appropriation for CCC; 

however, subsequent Congressional 

actions in the annual appropriations 

acts placed restrictions on the amount of 

funding available. The overall result of 

the 2014 Farm Bill changes in funding 

is to provide a more stable and 

predictable stream of funding for BCAP, 

although the annual amount of funding 

available is less than in some previous 

years. 

The 2014 Farm Bill also specifically 

authorizes funding of technical 

assistance from available BCAP funds. 

BCAP included technical assistance 

previously, but FSA did not have the 

specific authorization to use BCAP 

funds for those activities. FSA plans to 

expand technical assistance activities to 

provide BCAP with enhanced 

compliance spot checks, greater breadth 

of environmental reviews, outreach, and 

training. In addition, BCAP technical 

assistance will continue to include the 

development and evaluation of 

conservation plans, forest stewardship 

plans, or equivalent plans for 

participants. 

As noted in the next section, FSA 

seeks comments on how FSA should 

prioritize and implement various BCAP 

activities, given the funding 

authorization provided in the 2014 

Farm Bill. 

Miscellaneous Corrections 

This rule makes several minor 

technical corrections, such as correcting 

typographical errors. 

Comments Requested on BCAP 

Implementation 

FSA is requesting public comments 

on how BCAP should be implemented 

in future years, given the new 

requirements in the 2014 Farm Bill and 

the limited funding authority. FSA is, in 

particular, requesting public comments 

on the following questions: 

• What information could FSA 

reasonably collect that would provide 

assurance that the biomass conversion 

facility has sufficient equity to be in 

operation by the date on which project 

area eligible crops are ready for harvest? 

• How could FSA best determine if 

expansion of a project area would 

advance the maturity of that project 

area? 

• What credible risk tools and sources 

should FSA consider in determining 

whether proposed crops are potentially 

invasive? 

• With a new cost share cap of 50 

percent for establishment costs for 

perennial crops in project areas, what 

establishment practices should FSA 

consider as most important to support? 

• With the new limits to the BCAP 

budget, what priorities should FSA 

consider in implementing the program? 

Please provide information on these 

issues, and any other issues of concern 

with BCAP implementation, to the 

contacts listed in the ADDRESSES section. 

Specific comments addressing the 

issues raised above are most helpful; all 

comments are welcome. Proposals for 

alternatives should address data 

sources, costs, and the provisions of the 

2014 Farm Bill that support the 

alternative. The following suggestions 

may be helpful for preparing your 

comments: 

• Explain your views as clearly as 

possible. 

• Describe any assumptions that you 

used. 

• Provide any technical information 

and data on which you based your 

views. 

• Provide specific examples to 

illustrate your points. 

• Offer specific alternatives to the 

current regulations or policies and 

indicate the source of necessary data, 

the estimated cost of obtaining the data, 

and how the data can be verified. 

Submit your comments by the 

comment period deadline. 

Notice and Comment 

We are issuing this final rule without 

prior notice and opportunity for 

comment. The Administrative 

Procedure Act (APA) exempts rules 

‘‘relating to agency management or 

personnel or to public property, loans, 


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10572 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 

grants, benefits, or contracts’’ from the 

statutory requirement for prior notice 

and opportunity for comment. 5 U.S.C. 

553(a)(2). However, FSA is providing a 

60-day comment period and we invite 

you to participate in this rulemaking by 

submitting written comments, data, or 

views. We will consider the comments 

we receive and may conduct additional 

rulemaking based on the comments. 

Executive Orders 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. 

The Office of Management and Budget 

(OMB) designated this rule as not 

significant under Executive Order 

12866, 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 whenever an agency is required by 

APA or any other law to publish a 

proposed rule, unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule is exempt from notice and 

comment rulemaking requirements of 

the APA and no other law requires that 

a proposed rule be published for this 

rulemaking initiative. 

Environmental Review 

The environmental impacts of this 

final 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 the FSA regulations for 

compliance with NEPA (7 CFR part 

799). The 2014 Farm Bill extended and 

revised BCAP and authorized its 

funding through 2018. FSA has no 

discretion in these BCAP provisions or 

changes; the only discretionary 

provisions in this final rule are minor 

editorial clarifications. The general 

scope of BCAP, as implemented under 

the 2008 Farm Bill, is unchanged. As 

such, FSA has determined that this final 

rule does not constitute a major Federal 

action that would significantly affect the 

quality of the human environment, 

individually or cumulatively. Therefore, 

FSA will not prepare an environmental 

assessment or environmental impact 

statement for this regulatory action. 

Executive Order 12372 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ requires consultation with 

State and local officials that would be 

directly affected by proposed Federal 

financial assistance. The objectives of 

the Executive Order are to foster an 

intergovernmental partnership and a 

strengthened Federalism, by relying on 

State and local processes for State and 

local government coordination and 

review of proposed Federal financial 

assistance and direct Federal 

development. For reasons specified in 

the final rule related notice regarding 7 

CFR part 3015, subpart V (48 FR 29115, 

June 24, 1983), the programs and 

activities within this rule are excluded 

from the scope of Executive Order 

12372. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, ‘‘Civil Justice 

Reform.’’ This rule will not preempt 

State or local laws, regulations, or 

policies unless they represent an 

irreconcilable conflict with this rule. 

The rule does not have retroactive 

effect. Before any judicial action may be 

brought regarding the provisions of this 

rule, the administrative appeal 

provisions of 7 CFR parts 11 and 780 are 

to be exhausted. 

Executive Order 13132 

This rule has been reviewed under 

Executive Order 13132, ‘‘Federalism.’’ 

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, except as required 

by law. 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 

This rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments.’’ Executive Order 13175 

requires Federal agencies to consult and 

coordinate with tribes on a governmentto-government basis on policies that 

have tribal implications, including 

regulations, legislative comments or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

FSA has assessed the impact of this 

rule on Indian tribes and determined 

that this rule does not, to our 

knowledge, have tribal implications that 

require tribal consultation under 

Executive Order 13175. If a Tribe 

requests consultation, FSA will work 

with the USDA Office of Tribal 

Relations to ensure meaningful 

consultation is provided where changes, 

additions, and modifications identified 

in this rule are not expressly mandated 

by the 2014 Farm Bill. 

The Unfunded Mandates Reform Act of 

1995 

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 need to 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 in Title II of 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. 

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. This rule is not a major rule 

under SBREFA. Therefore, FSA is not 

required to delay the effective date for 

60 days from the date of publication to 

allow for Congressional review. 

Federal Assistance Programs 

The title and number of the Federal 

Domestic Assistance Program found in 


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Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 10573 

the Catalog of Federal Domestic 

Assistance to which this rule applies is 

the Biomass Crop Assistance Program— 

10:087. 

Paperwork Reduction Act of 1995 

The regulatory changes in this rule do 

not require changes to the information 

collection requests currently approved 

by OMB control number 0560–0082. 

E-Government Act Compliance 

FSA and CCC are 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 1450 

Administrative practice and 

procedure, Agriculture, Energy, 

Environmental protection, Grant 

programs—agriculture, Natural 

resources, Reporting and recordkeeping 

requirements, Technical assistance. 

For the reasons discussed above, CCC 

amends 7 CFR part 1450 as follows: 

PART 1450—BIOMASS CROP 

ASSISTANCE PROGRAM (BCAP) 

■ 1. The authority citation for part 1450 

continues to read as follows: 

Authority: 7 U.S.C. 8111. 

Subpart A—Common Provisions 

§ 1450.1 [Amended] 

■ 2. Amend § 1450.1, in paragraph (b), 

by removing the word ‘‘Program’’ and 

adding the word ‘‘Programs’’ in its 

place. 

§ 1450.2 [Amended] 

■ 3. Amend § 1450.2 as follows: 

■ a. Add, in alphabetical order, 

definitions for ‘‘Agricultural residue’’ 

and ‘‘Eligible land’’, to read as set forth 

below; 

■ b. Remove the definitions for 

‘‘Beginning farmer or rancher’’ and 

‘‘Socially disadvantaged farmer or 

rancher’’; 

■ c. Revise the definitions for ‘‘Dry ton’’, 

‘‘Eligible crop’’, ‘‘Eligible material’’, and 

‘‘Technical assistance’’, to read as set 

forth below; 

■ d. In paragraph (2) of the definition of 

‘‘Native sod’’, add the words ‘‘or the 

producer cannot substantiate that the 

ground has ever been tilled’’ 

immediately after the word ‘‘tilled’’; and 

■ e. In the definition of ‘‘Yard waste’’, 

remove the word ‘‘byproducts’’ and add 

the word ‘‘by-products’’ in its place. 

The revisions and additions read as 

follows: 

§ 1450.3 Definitions. 

* * * * * 

Agricultural residue means crop 

residue from agricultural lands, 

including woody orchard waste. 

* * * * * 

Dry ton means one U.S. ton measuring 

2,000 pounds. One dry ton is the 

amount of renewable biomass that 

would weigh one U.S. ton at zero 

percent moisture content. Woody 

material dry ton weight is determined in 

accordance with applicable American 

Society for Testing and Materials 

(ASTM) standards. 

Eligible crop means a crop of 

renewable biomass as defined in this 

section that is eligible for establishment 

payments and annual payments as 

specified in Subpart C of this part. 

Eligible land means agricultural and 

nonindustrial private forest lands on 

which eligible crops for establishment 

payments and annual payments may be 

grown, as specified in subpart C of this 

part. 

Eligible material means renewable 

biomass, including agricultural residue, 

as defined in this section that is 

harvested directly from the land and 

that is eligible for matching payments, 

as specified in subpart B of this part. 

* * * * * 

Technical assistance means assistance 

in determining the eligibility of land 

and practices for BCAP, implementing 

and certifying practices, ensuring 

contract performance, and providing 

annual rental rate surveys. BCAP 

technical assistance may include, but is 

not limited to: technical expertise and 

services, information, and tools 

necessary for the conservation of natural 

resources on land; technical services 

provided directly to farmers, ranchers, 

and other eligible entities, such as 

conservation planning, technical 

consultation, and assistance with design 

and implementation of eligible 

practices; and technical infrastructure, 

including activities, processes, tools, 

and functions needed to support 

delivery of technical and program 

services, such as technical standards, 

resource inventories, training, data, 

technology, monitoring, compliance 

spot checks, and effects analyses. 

* * * * * 

§ 1450.9 [Removed] 

■ 4. Remove § 1450.9. 

§§ 1450.10 to 1450.13 [Redesignated] 

■ 5. Redesignate §§ 1450.10 through 

1450.13 as §§ 1450.9 through 1450.12. 

■ 6. Revise newly redesignated 

§ 1450.9(b) to read as follows: 

§ 1450.9 Appeals. 

* * * * * 

(b) Determinations by the Natural 

Resources Conservation Service, U.S. 

Forest Service, Department of Interior, 

Bureau of Land Management, or other 

authorized technical assistance provider 

may be appealed in accordance with 

procedures established in part 614 of 

this title or otherwise established by the 

respective Agency. 

Subpart B—Matching Payments 

■ 7. Revise § 1450.101(a)(2)(v) and (vi) 

to read as follows: 

§ 1450.101 Qualified biomass conversion 

facility. 

(a) * * * 

(2) * * * 

(v) Use commercial weight scales that 

are certified for accuracy by applicable 

State or local authorities and accurate 

moisture measurement equipment to 

determine the dry ton weight equivalent 

of actual tonnage delivered. Woody 

material dry ton weight must be 

determined in accordance with 

applicable ASTM standards; and 

(vi) Purchase eligible material at a fair 

market price that is consistent with 

similar products, regardless of whether 

or not the seller has applied for or 

receives a matching payment authorized 

by this subpart or if the seller and 

purchaser are related entities. 

* * * * * 

■ 8. Amend § 1450.102 as follows: 

■ a. In paragraph (a)(2), remove the 

words ‘‘eligible material’’ and add the 

words ‘‘eligible material, regardless of 

whether the eligible material is 

produced on contract acreage 

authorized by subpart C of this part,’’ in 

their place; and 

■ b. Revise paragraph (a)(3). 

The revision reads as follows: 

§ 1450.102 Eligible material owner. 

(a) * * * 

(3) Certify that the eligible material for 

which a payment may be issued as 

specified in § 1450.106 has been 

harvested according to a conservation 

plan, forest stewardship plan, or 

equivalent plan, and, if woody eligible 

material collected or harvested on land 

other than contract acreage, the woody 

material is a by-product of preventative 

treatments that was removed to reduce 

hazardous fuels or to reduce or contain 

disease or insect infestation. 

* * * * * 

■ 9. Amend § 1450.103 as follows: 

■ a. Revise the section heading; 

■ b. Revise paragraph (a), introductory 

text; 


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10574 Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 

■ c. Remove paragraph (a)(1) and 

redesignate paragraphs (a)(2) through (4) 

as paragraphs (a)(1) through (3); 

■ d. Revise newly redesignated 

paragraph (a)(2)(i); 

■ e. Revise paragraphs (b)(1), (3) and (4) 

and add paragraphs (b)(5) through (10); 

and 

■ f. Add paragraph (c). 

The revisions and additions read as 

follows: 

§ 1450.103 Eligible material for payments. 

(a) Except for the exclusions specified 

in paragraph (b) of this section, in order 

to qualify for matching payments, 

eligible material must meet the 

following requirements: 

* * * * * 

(2) * * * 

(i) By-products of preventative 

treatments that were removed to reduce 

hazardous fuels or to reduce or contain 

disease or insect infestation; and 

* * * * * 

(b) * * * 

(1) Any eligible material delivered 

before May 28, 2015; 

* * * * * 

(3) Material that is whole grain from 

any crop that is eligible to receive 

payments under title I of the 

Agricultural Act of 2014 or an 

amendment made by that title, 

including, but not limited to, barley, 

corn, grain sorghum, oats, rice, or 

wheat; honey; mohair; certain oilseeds 

such as canola, crambe, flaxseed, 

mustard seed, rapeseed, safflower seed, 

soybeans, sesame seed, and sunflower 

seeds; peanuts; pulse; chickpeas, lentils, 

and dry peas; dairy products; sugar; and 

wool and cotton boll fiber; 

(4) Animal waste and by-products of 

animal waste including fats, oil, grease, 

and manure; 

(5) Food waste and yard waste; 

(6) Algae; 

(7) Woody eligible material that is not 

a by-product of a preventative treatment 

to reduce hazardous fuel or to reduce or 

contain disease or insect infestation; 

(8) Any woody eligible material 

collected or harvested outside contract 

acreage that would otherwise be used 

for higher-value products; 

(9) Any otherwise eligible material 

collected or harvested outside contract 

acreage that, after delivery to a biomass 

conversion facility, its campus, or its 

affiliated facilities, must be separated 

from an eligible material used for a 

higher-value market product in order to 

be used for heat, power, biobased 

products, research, or advanced 

biofuels; or 

(10) Bagasse. 

(c) For eligible woody material 

harvested or collected from public 

lands, a person having the right to 

harvest or collect eligible material 

pursuant to a contract or permit with 

the U.S. Forest Service or other 

appropriate Federal agency will not be 

eligible for additional haul costs unless 

the facility is a further distance than 

specified in the contract requirement or 

the material was not a mandatory 

removal item from Federal lands. 

■ 10. Amend § 1450.104 by revising 

paragraphs (a), (b), and (f)(1) to read as 

follows: 

§ 1450.104 Signup. 

(a) Applications for participation and 

requests for payments under this 

subpart will be accepted as specified in 

the FSA announcement(s) in a given 

fiscal year through the end of the 

announced sign up period on a 

continuous basis, subject to the 

availability of funds. 

(b) An eligible material owner must 

apply to participate in the matching 

payments component of BCAP before 

delivery is made to a qualified biomass 

conversion facility and before payment 

for the eligible material is received from 

the qualified biomass conversion 

facility. The application must be 

submitted to the FSA county office 

servicing the tracts of land where the 

collection and harvest will occur and 

must be approved by CCC, before any 

delivery is made to or payment is made 

by the qualified biomass conversion 

facility for the eligible material. 

* * * * * 

(f) * * * 

(1) Total actual tonnage delivered and 

a total dry weight tonnage equivalent 

amount determined by the qualified 

biomass conversion facility using 

standard moisture determinations 

applicable to the eligible material 

(Woody material dry ton weight is 

determined in accordance with 

applicable ASTM standards); 

* * * * * 

■ 11. Amend § 1450.106 as follows: 

■ a. Revise paragraph (a); and 

■ b. In paragraph (b), remove the 

amount ‘‘$45’’ and add the amount 

‘‘$20’’ in its place. 

The revisions read as follows: 

§ 1450.106 Payments. 

(a) Payments under this subpart will 

be made for a term not to exceed 2 

years, commencing on the date that CCC 

issues the first payment under this 

subpart to the participant. The 2-year 

eligibility period for each participant 

runs from the date that the participant 

is first issued any matching payment 

from CCC, regardless of payment for 

subsequent deliveries to any other 

biomass conversion facility. The 

eligibility period will not include any 

BCAP matching payments received 

prior to May 28, 2015. 

* * * * * 

Subpart C—Establishment Payments 

and Annual Payments 

■ 12. Add § 1450.200(b) to read as 

follows: 

§ 1450.200 General. 

* * * * * 

(b) Eligible crops include renewable 

biomass, as defined § 1450.2, excluding: 

(1) Any crop that is eligible to receive 

payments under title I of the 

Agricultural Act of 2014 or an 

amendment made by that title, 

including, but not limited to, barley, 

corn, grain sorghum, oats, rice, or 

wheat; honey; mohair; certain oilseeds 

such as canola, crambe, flaxseed, 

mustard seed, rapeseed, safflower seed, 

soybeans, sesame seed, and sunflower 

seeds; peanuts; pulse; chickpeas, lentils, 

and dry peas; dairy products; sugar; and 

wool and cotton boll fiber; and 

(2) Any plant that CCC has 

determined to be either a noxious weed 

or an invasive species. With respect to 

noxious weeds and invasive species, a 

list of such plants will be available in 

the FSA county office. 

■ 13. Amend § 1450.201 as follows: 

■ a. In paragraph (a)(3), add the words 

‘‘has or’’ immediately before the word 

‘‘will’’; and 

■ b. Revise paragraph (a)(4). 

The revision reads as follows: 

§ 1450.201 Project area proposal 

submission requirements. 

(a) * * * 

(4) Any other information that gives 

CCC a reasonable assurance that the 

biomass conversion facility will be in 

operation in a timely manner so that it 

will use the eligible crops, as 

determined by CCC. 

* * * * * 

■ 14. Amend § 1450.202 as follows: 

■ a. In paragraph (a)(8), remove the 

word ‘‘and’’; 

■ b. Revise paragraph (a)(9); and 

■ c. Add paragraph (a)(10). 

The revision and addition read as 

follows: 

§ 1450.202 Project area selection criteria. 

(a) * * * 

(9) Status as an existing project area 

that has received funding under this 

subpart and the continuation of funding 

such project areas to advance the 

maturity of such project areas; and 

(10) Any other necessary additional 

information, as determined by CCC. 

* * * * * 


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Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Rules and Regulations 10575 

1To view the rule, supporting analyses, and 

comments we received, go to http://

www.regulations.gov/#!docketDetail;D=APHIS2006-0074. 

■ 15. Amend § 1450.204 as follows: 

■ a. Revise paragraphs (b)(3) and (4); 

and 

■ b. Remove paragraph (b)(5). 

The revisions read as follows: 

§ 1450.204 Eligible land. 

(b) * * * 

(3) Land enrolled in the Conservation 

Reserve Program (CRP) as specified in 

part 1410 of this chapter for which 

either: 

(i) The enrollment is not expiring in 

the current fiscal year; or 

(ii) A CRP payment for this land has 

been received in the current fiscal year; 

or 

(4) Land enrolled in the Agricultural 

Conservation Easement Program (ACEP) 

for which either: 

(i) The enrollment is not expiring in 

the current fiscal year; or 

(ii) An ACEP payment for this land 

has been received in the current fiscal 

year. 

§ 1450.211 [Amended] 

■ 16. Amend § 1450.211, in paragraph 

(g)(4), by adding the word ‘‘by’’ 

immediately before the word ‘‘CCC’’. 

§ 1450.212 [Amended] 

■ 17. Amend § 1450.212, in paragraph 

(d), by removing the words ‘‘agreed to’’ 

and adding the word ‘‘determined’’ in 

their place. 

■ 18. Amend § 1450.213 by revising 

paragraphs (a) and (b) to read as follows: 

§ 1450.213 Levels and rates for 

establishment payments. 

(a) CCC will pay not more than 50 

percent of the actual or average cost 

(whichever is lower) of establishing 

non-woody perennial crops and woody 

perennial crops specified in the 

conservation plan, forest stewardship 

plan, or equivalent plan, not to exceed 

$500 per acre. For socially 

disadvantaged farmers or ranchers, as 

defined in part 718 of this title, 

establishment payments may not exceed 

$750 per acre. 

(b) The average cost of performing a 

practice will be determined by CCC 

based on recommendations from the 

State Technical Committee. Such cost 

may be the average cost in a State, a 

county, or a part of a State or county, 

as determined by CCC. The average cost 

as determined by CCC will be used for 

payment purposes, if it is less than the 

actual cost for an individual participant. 

* * * * * 

§ 1450.215 [Amended] 

■ 19. Amend § 1450.215, in paragraph 

(c), by removing the words ‘‘the 

contract’’ each time they appear and 

adding the words ‘‘the BCAP contract’’ 

in their place. 

Signed at Washington, DC, on February 23, 

2015. 

Val Dolcini, 

Executive Vice President, Commodity Credit 

Corporation, and Administrator, Farm 

Service Agency. 

[FR Doc. 2015–04092 Filed 2–26–15; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2006–0074] 

RIN 0579–AC36 

Highly Pathogenic Avian Influenza; 

Technical Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule published in 

the Federal Register on December 1, 

2014, and effective on that date, we 

adopted, with changes, an interim rule 

that amended the regulations 

concerning the importation of live birds 

and poultry (including hatching eggs) 

and bird and poultry products from 

regions where any subtype of highly 

pathogenic avian influenza (HPAI) is 

considered to exist. As part of this 

action, we intended to clarify that table 

eggs from regions considered to have 

HPAI may only be imported under 

APHIS permit for scientific, 

educational, or research purposes to 

approved establishments, and only if 

the Administrator has determined that 

the importation can be made under 

conditions that will prevent the 

introduction of HPAI into the United 

States. However, we did not add 

references to HPAI to one of the table 

egg provisions of the final rule as we 

intended. This document corrects that 

oversight. 

DATES: Effective February 27, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Javier Vargas, Case Manager, National 

Import Export Services, Animal Health 

Policy and Programs, VS, APHIS, 4700 

River Road Unit 38, Riverdale, MD 

20737; (301) 851–3300. 

SUPPLEMENTARY INFORMATION: In a final 

rule 1 that was published in the Federal 

Register on December 1, 2014 (79 FR 

70997–71007, Docket No. APHIS–2006– 

0074), and effective on that date, we 

adopted, with changes, an interim rule 

that amended the regulations 

concerning the importation of live birds 

and poultry (including hatching eggs) 

and bird and poultry products from 

regions where any subtype of highly 

pathogenic avian influenza (HPAI) is 

considered to exist. As part of this 

action, we intended to amend the 

regulations in § 94.6(c)(4) to clarify that 

table eggs from regions considered to 

have HPAI that do not meet the 

requirements of § 94.6(c)(1) through 

§ 94.6(c)(3) may only be imported if the 

Administrator has determined that the 

importation can be made under 

conditions that will prevent the 

introduction of HPAI into the United 

States. However, we did not add 

references to HPAI in § 94.6(c)(4) of the 

table egg provisions of the final rule as 

we intended. We are amending the 

regulations to correct that oversight. 

We also wish to clarify a statement we 

made in the preamble to the final rule 

regarding the requirements for 

importing table eggs from HPAI regions. 

We incorrectly stated that table eggs 

moved to approved establishments for 

breaking and pasteurization require an 

APHIS permit. Such eggs do not require 

an APHIS permit for importation and, as 

indicated in § 94.6(c)(2), may be moved 

from the port of arrival in the United 

States, under seal of the United States 

Department of Agriculture, to an 

approved establishment for breaking 

and pasteurization. 

List of Subjects in 9 CFR Part 94 

Animal diseases, Imports, Livestock, 

Meat and meat products, Milk, Poultry 

and poultry products, Reporting and 

recordkeeping requirements. 

Accordingly, 9 CFR part 94 is 

amended as follows: 

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, NEWCASTLE 

DISEASE, HIGHLY PATHOGENIC 

AVIAN INFLUENZA, AFRICAN SWINE 

FEVER, CLASSICAL SWINE FEVER, 

SWINE VESICULAR DISEASE, AND 

BOVINE SPONGIFORM 

ENCEPHALOPATHY: PROHIBITED 

AND RESTRICTED IMPORTATIONS. 

■ 1. The authority citation for part 94 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, 7781– 

7786, and 8301–8317; 21 U.S.C. 136 and 

136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.4. 


tkelley on DSK3SPTVN1PROD with RULES