This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

64174

Vol. 62, No. 233

Thursday, December 4, 1997

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation

Service

7 CFR Part 610

RIN 0578–AA22

Technical Assistance

AGENCY: Natural Resources

Conservation Service, Agriculture.

ACTION: Proposed rule with request for

comments.

SUMMARY: Section 342 of the Federal

Agriculture Improvement and Reform

Act of 1996 (the 1996 Act) expands the

membership and roles of State

Technical Committees established

pursuant to Section 1261 of the Food

Security Act of 1985 (the 1985 Act), as

amended. Under Section 1261, the

Secretary must establish a technical

committee in each State to assist in

making technical considerations related

to the implementation of the 1985 Act’s

conservation provisions. Consistent

with the 1985 Act, the United States

Department of Agriculture (USDA) uses

these State Technical Committees in an

advisory capacity.

This proposed rule sets forth the

policies and procedures for the use of

State Technical Committees by the

USDA, the membership criteria, and the

responsibilities assigned to these

Committees. It also amends § 610.2 to

reflect the responsibilities assigned to

the Natural Resources Conservation

Service (NRCS) beyond that of soil

conservation. This proposed rule

amends § 610.2 to acknowledge the

NRCS mission to promote the long-term

sustainability of all agricultural lands,

including cropland, grazing land,

pastureland, rangeland, and forestland.

DATES: Comments must be received by

January 5, 1998.

ADDRESSES: All comments concerning

this proposed rule should be addressed

to: Gary Nordstrom, Director,

Conservation Operations Division,

Natural Resources Conservation Service,

P.O. Box 2890, Washington, D.C. 20013–

2890; Attention: State Technical

Committee. Fax (202) 720–1838. This

rule may also be accessed, and

comments submitted, via Internet. Users

can access the NRCS Federal Register

homepage and submit comments at:

http://astro.itc.nrcs.usda.gov:6500.

FOR FURTHER INFORMATION CONTACT:

Denise Coleman, Conservation

Operations Division, Natural Resources

Conservation Service; phone: (202) 720–

9476; Fax: (202) 720–4265; E-mail:

deniselc.coleman@usda.gov,

Attention: State Technical Committee.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant and was reviewed by the

Office of Management and Budget

(OMB) under Executive Order 12866.

Pursuant to Sec. 6(a)(3) of Executive

Order 12866, the NRCS has conducted

an economic analysis of the potential

impacts associated with this proposed

rule. Because it is not possible to

measure all costs or benefits of State

Technical Committee involvement in

the decision-making process using strict

benefit-cost techniques, a cost effect

analysis was used. This analysis

estimates that no material adverse

effects on the economy, a sector of the

economy, agricultural productivity,

competition, jobs, the environment,

public safety, or State, local, or tribal

governments or communities are

expected from implementation of this

proposed rule.

Regulatory Flexibility Act

The Regulatory Flexibility Act is not

applicable to this proposed rule because

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

or any other provisions of law to

publish a notice of proposed rulemaking

with respect to the subject matter of this

rule.

Environmental Evaluation

NRCS has determined that this

proposed rule is within the categorical

exclusion for advisory and consultative

activities under 7 CFR 1b.3(a)6;

therefore, an environmental assessment

was not conducted.

Paperwork Reduction Act

This proposed rule does not require

identical collection of information. As a

result, the Paperwork Reduction Act

provisions do not apply.

Unfunded Mandates Reform Act of

1995

Pursuant to Title II of the Unfunded

Mandates Reform Act of 1995, Public

Law 104–4, the effects of this

rulemaking action on State, local, and

tribal governments, and the public have

been assessed. This action does not

compel the expenditure of $100 million

or more by any State, local, or tribal

governments, or anyone in the private

sector; therefore, a statement under

Section 202 of the Unfunded Mandates

Reform Act of 1995 is not required.

Federal Crop Insurance Reform and

Department of Agriculture

Reorganization Act of 1994

USDA classified this proposed rule as

not major, therefore, pursuant to Section

304 of the Department of Agriculture

Reorganization Act of 1994, Public Law

103–354 a risk assessment was not

required.

Background and Purpose

Section 1261 of the Food Security Act

of 1985, as amended, sets out the

membership and roles of the State

Technical Committees. The Department

of Agriculture Reorganization Act of

1994 (7 U.S.C. 6901 et seq.) exempts

State Technical Committees from

provisions of the Federal Advisory

Committee Act (5 U.S.C. App.2).

NRCS proposes that State Technical

Committee membership be expanded to

consist of individuals who represent a

variety of natural resource sciences and

occupations, including those related to

soil, water, wetlands, plants, and

wildlife. USDA believes the

membership expansion of State

Technical Committees, which creates

new sources of local conservation

expertise, is a positive step. However,

NRCS believes that the ultimate

responsibility of the State

Conservationist is to ensure that all

interests are adequately represented on

the Committee.

As a result of the passage of the 1996

Act, eligibility for State Technical

Committee membership was expanded

to include the private sector. In addition

to these members, NRCS proposes to

add additional agencies and groups

based on their historical relationship

with USDA and State Technical

Committees. These member agencies
Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Proposed Rules 64175

and groups included the following:

Environmental Protection Agency,

Bureau of Indian Affairs, U.S.

Geological Survey, U.S. Army Corps of

Engineers, State Farm Service Agency

Committee, and Federally recognized

American Indian Tribal Governments

and Alaskan Native Corporations,

encompassing 100,000 acres or more in

the State.

The State Technical Committees shall

include one representative from each of

the following agencies or groups, unless

the agency or group declines

membership:

• NRCS, as Chairperson;

• Farm Service Agency;

• State Farm Service Agency

Committee;

• Forest Service;

• Cooperative State Research,

Education, and Extension Service;

• Rural Development;

• Fish and Wildlife Service;

• Bureau of Land Management;

• Bureau of Indian Affairs;

• U.S. Geological Survey;

• U.S. Army Corps of Engineers;

• Each of the Federally recognized

American Indian Tribal Governments

and Alaskan Native Corporations,

encompassing 100,000 acres or more in

the State;

• State departments and agencies

which the NRCS State Conservationist

deems appropriate, including a member

from each of the following:

—State fish and wildlife agency;

—State forester or equivalent official;

—State water resources agency;

—State department of agriculture;

—State association of soil and water

conservation districts;

—State coastal zone management

agency; State soil and water

conservation agency; and

—Other Federal, State, tribal and local

agency representatives with expertise

in soil, water, wetlands, plant, and

wildlife management, as the NRCS

State Conservationist considers

appropriate.

In addition to other Federal, State,

tribal, and local agency and group

membership, the State Technical

Committees will include members from

the following private interests,

including:

• Agricultural producers with

demonstrable conservation expertise;

• Nonprofit organizations with

demonstrable conservation expertise;

• Persons knowledgeable about

conservation techniques and programs;

and

• Agribusiness.

To ensure that recommendations of

the State Technical Committees take

into account the needs of the diverse

groups served by the USDA,

membership shall include, to the extent

practicable, individuals with

demonstrated ability to represent

minorities, women, and persons with

disabilities.

In accordance with the preceding

paragraphs, the NRCS State

Conservationist determines the

membership on the State Technical

Committee. Individuals or groups

wanting to participate on a State

Technical Committee may submit to the

NRCS State Conservationist for that

State a request which explains their

interest and outlines their credentials

which they believe are relevant to

becoming a member of the State

Technical Committee. Decisions of the

NRCS State Conservationist concerning

membership on the committee are final

and not appealable to any other

individual or group.

State Technical Committee meetings

are open to the public. This rule

proposes that the State Conservationist

provide public notice of meetings that

consider issues relating to particular

conservation programs. The State

Conservationist will publish a meeting

notice no later than 7 calendar days

prior to the meeting. Notification may

exceed this 7 day minimum where State

open meeting laws exist and require a

longer notification period. NRCS

proposes that this notice be published

in one or more newspaper(s), including

Tribally-recommended publications, to

achieve statewide notification. The State

Conservationist will schedule and

conduct the meetings, although

meetings may be requested by any

USDA agency as needed.

In some situations, specialized

subcommittees, made up of State

Technical Committee members, may be

needed to analyze and refine specific

issues. The State Conservationist, may

assemble certain members to discuss,

examine, and focus on a particular

technical or programmatic topic. In such

situations, where subcommittee

meetings occur, public notification and

participation are not necessary.

Nevertheless, decisions resulting from

these subcommittee sessions shall be

made only in a general session of the

State Technical Committee, where the

public is notified and invited to attend.

The State Technical Committees have

no implementation or enforcement

authority. However, the Committees’

advisory capacity extends to many of

the USDA conservation programs. As set

forth in Section 1262 of the 1985 Act (16

U.S.C. 3862(c)), the responsibilities of

the State Technical Committee include

recommendations on matters such as:

• The technical aspects of wetland

protection, restoration, and mitigation

requirements;

• Guidelines for haying or grazing

and the control of weeds to protect

nesting wildlife on set-aside acreage;

• Highly erodible land exemptions

and appeals;

• Wetland and highly erodible land

conservation compliance exemptions

and appeals;

• Methods to address common weed

and pest problems and programs to

control weeds and pests found on

acreage enrolled in the Conservation

Reserve Program (16 U.S.C. 3831–3836);

• Guidelines for planting perennial

cover for water quality and wildlife

habitat improvement on set-aside lands;

• Criteria and priorities for state

initiatives under the Environmental

Quality Incentives Program (EQIP)

under chapter 4 of subtitle D; and

Section 1262 of the 1985 Act (16 U.S.C.

3862(c)(8)) also provides that State

Technical Committees may offer

recommendations on other matters

determined appropriate by the NRCS

State Conservationist. USDA will seek

State Technical Committee

recommendations including, but not

limited to, the following:

• The establishment of the Wildlife

Habitat Incentives Program (WHIP), as

set forth in Section 387 of the 1996 Act

(16 U.S.C 3836a);

• The development of a Wetland

Reserve Program (WRP) (16 U.S.C. 3837)

wetland restoration plan;

• Program assistance to

Environmental Quality Incentive

Program (EQIP) participants with

significant statewide resource concerns

outside a priority area, 7 CFR part 1466;

• Eligible conservation practices for

an EQIP priority area or for significant

statewide resource concerns outside a

priority area, 7 CFR part 1466;

• Criteria to be used in defining a

large confined livestock operation under

EQIP, 7 CFR part 1466;

• Suggestions on how often

producers’ EQIP applications are ranked

and selected, 7 CFR part 1466;

• Criteria to prioritize applications

from applicants with significant

statewide resource concerns outside a

priority area, 7 CFR part 1466;

• Statewide program guidelines

applicable to WRP easement

compensation, restoration planning,

priority ranking, and related policy

matters, 7 CFR part 1467;

• Determination of cost share and

incentive payment limits for

participants subject to environmental

requirements or with significant

statewide resource concerns outside a
64176 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Proposed Rules

priority area, under the EQIP provision,

7 CFR part 1466;

• Identification of any categories of

conversion activities and conditions

which are routinely determined by

NRCS to have minimal effect on

wetland functions and values as

described in 7 CFR part 12; and

• Types or classes of wetland that are

not eligible for mitigation exemption,

under the Wetland Conservation

provisions, 7 CFR part 12.

Technical Assistance

The NRCS delivers the majority of the

technical assistance provided to private

landowners pursuant to 7 CFR 610.2.

Section 610.2 has not yet been revised

to provide for the responsibilities

assigned to the NRCS beyond that of soil

conservation (16 U.S.C 2005). To reflect

the broader mission of NRCS,

particularly as it relates to technical

assistance provided to private grazing

land (16 U.S.C. 2005b), NRCS is

amending § 610.2 to acknowledge that

one of NRCS’ missions is to improve the

quality of all agricultural lands,

including grazing land, pastureland,

rangeland, forestland, and cropland so

that the long-term sustainability of the

resource base is achieved.

List of Subjects in 7 CFR Part 610

Soil conservation, Technical

assistance, Water resources.

Accordingly part 610 of Title 7 of the

Code of Federal Regulations is amended

as follows:

PART 610—[AMENDED]

1. The authority for part 610 is revised

to read as follows:

Authority: 16 U.S.C. 590a–f, 590q, 2005,

2005b.

2. Section 610.2 is revised to read as

follows:

§ 610.2 Scope.

(a) Conservation operations, including

technical assistance, is the basic soil

and water conservation program of

NRCS. This program is designed to

provide assistance to:

(1) Reduce soil losses from erosion;

(2) Help solve soil, water, and

agricultural waste management

problems;

(3) Bring about adjustments in land

use as needed;

(4) Reduce damage caused by excess

water and sedimentation; and

(5) Improve the quality of all

agricultural lands, including grazing

land, pastureland, rangeland, forestland,

and cropland so that the long-term

sustainability of the resource base is

achieved.

(b) The Natural Resources

Conservation Service is the technical

agency of the U.S. Department of

Agriculture for providing assistance to

conservation districts and other

organizations in planning and carrying

out their conservation programs. NRCS

works with individuals, groups, and

units of government to help them plan

and carry out conservation decisions to

meet their objectives.

3. A new Subpart C is added to read

as follows:

Subpart C—State Technical

Committees

Sec.

610.21 Purpose and scope.

610.22 State Technical Committee

membership.

610.23 State Technical Committee

meetings.

610.24 Responsibilities of State Technical

Committees.

§ 610.21 Purpose and scope.

This subpart sets forth the procedures

for establishing and utilizing the advice

of State Technical Committees. USDA

will use State Technical Committees in

an advisory capacity in the

administration of certain conservation

programs and initiatives. These State

Technical Committees are exempt from

the provisions of the Federal Advisory

Committee Act (5 U.S.C. App. 2). The

NRCS shall establish in each State a

technical committee to assist in making

technical recommendations relating to

the implementation of conservation

provisions. This subpart sets forth the

membership guidelines and

responsibilities of the State Technical

Committees.

§ 610.22 State Technical Committee

membership.

(a) State Technical Committees shall

include members who represent a

variety of natural resource sciences and

occupations, including those related to

soil, water, wetlands, plants, and

wildlife. The State Conservationist is to

ensure that all interests are equally

represented. Committee membership

includes one representative from the

following agencies or groups, if willing

to serve:

(1) NRCS, as Chairperson;

(2) Farm Service Agency;

(3) State Farm Service Agency

Committee;

(4) Forest Service;

(5) Cooperative State Research,

Education, and Extension Service;

(6) Rural Development;

(7) Fish and Wildlife Service;

(8) Environmental Protection Agency;

(9) Bureau of Land Management;

(10) Bureau of Indian Affairs;

(11) U.S. Geological Survey;

(12) U.S. Army Corps of Engineers;

(13) Each of the Federally recognized

American Indian Tribal Governments

and Alaskan Native Corporations

encompassing 100,000 acres or more in

the State;

(14) State departments and agencies

which the NRCS State Conservationist

deems appropriate, including a member

from each of the following:

(i) State fish and wildlife agency;

(ii) State forester or equivalent

official;

(iii) State water resources agency;

(iv) State department of agriculture;

(v) State association of soil and water

conservation districts;

(vi) State soil and water conservation

agency;

(vii) State coastal zone management

agency; and

(15) Other Federal, State, tribal, and

local agency personnel with expertise in

soil, water, wetlands, plant, and wildlife

management, as the NRCS State

Conservationist considers appropriate.

(b) In addition to agency membership,

State Technical Committees shall

contain members from the following

private interests, including:

(1) Agricultural producers with

demonstrable conservation expertise;

(2) Nonprofit organizations with

demonstrable expertise;

(3) Persons knowledgeable about

economic and environmental impacts of

conservation techniques and programs;

and

(4) Agribusiness.

(c) To ensure that recommendations

of the State Technical Committees take

into account the needs of the diverse

groups served by the USDA,

membership shall include, to the extent

practicable, individuals with

demonstrated ability to represent

minorities, women, and persons with

disabilities.

(d) In accordance with the guidelines

in paragraphs (a), (b), and (c) of this

section, the State Conservationist

determines membership on the State

Technical Committee. Individuals or

groups wanting to participate on a State

Technical Committee within a specific

State may submit to the State

Conservationist of that particular State a

request which explains their interest

and outlines their credentials which

they believe are relevant to becoming a

member of the State Technical

Committee. Decisions of the State

Conservationist concerning membership

on the committee are final and not

appealable to any other individual or

group within USDA.
Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Proposed Rules 64177

§ 610.23 State Technical Committee

meetings.

(a) The State Conservationist of each

State chairs the State Technical

Committee. State Technical Committees

shall provide public notice of meetings

that consider issues related to

conservation programs. The State

Conservationist shall publish a meeting

notice no later than 7 calendar days

prior to the meeting. Notification may

exceed this 7-day minimum where State

open meeting laws exist and require a

longer notification period. The State

Conservationist shall publish this notice

in at least one or more newspaper(s),

including Tribally-recommended

publications, to attain statewide

circulation.

(b) The State Conservationist, as

Chairperson, schedules and conducts

the meetings, although a meeting may

be requested by any USDA agency as

needed.

§ 610.24 Responsibilities of State

Technical Committees.

(a) Each State Technical Committee

established under this subpart shall

meet on a regular basis, as determined

by the State Conservationist, to provide

information, analysis, and

recommendations.

(b) The State Technical Committee

shall provide, in writing to the

implementing USDA program agency,

recommendations, data, and technical

analyses, which reflect the professional

information and judgment of the State

Technical Committee. Such

information, analyses, and

recommendations shall be provided in a

manner that will assist in determining

matters of fact, technical merit, or

scientific question.

(c) The implementing agency reserves

the authority to accept or reject the

Committee’s recommendations;

however, the implementing agency shall

give strong consideration to the

Committee’s suggestions.

Signed in Washington, D.C. on November

28, 1997.

Thomas A. Weber,

Acting Chief, Natural Resources Conservation

Service.

[FR Doc. 97–31727 Filed 12–3–97; 8:45 am]

BILLING CODE 3410–16–P

EXPORT–IMPORT BANK OF THE

UNITED STATES

12 CFR Parts 404 and 405

Comprehensive Revision of ExportImport Bank of the United States

Freedom of Information Act and

Privacy Act Regulations and

Implementation of Electronic Freedom

of Information Act Amendments of

1996

AGENCY: Export-Import Bank of the

United States.

ACTION: Proposed rule.

SUMMARY: This document sets forth

proposed comprehensive revisions of

the Export-Import Bank’s Freedom of

Information Act (FOIA) and Privacy Act

regulations. The regulations are

intended to supersede the Export-Import

Bank’s current FOIA and Privacy Act

regulations, found at 12 CFR parts 404

and 405, respectively. The ExportImport Bank (Ex-Im Bank) is proposing

the following revisions in order to

provide more ‘‘user-friendly’’

regulations that are consistent with

current law, including the Electronic

Freedom of Information Act

Amendments of 1996. The proposed

regulations also include updated fee

schedules.

DATES: Submit comments on or before

February 2, 1998.

ADDRESSES: Address all comments

concerning this proposed rule to

Howard A. Schweitzer, Counsel, ExportImport Bank of the United States, 811

Vermont Avenue, NW, Room 963,

Washington, DC 20571.

FOR FURTHER INFORMATION CONTACT:

Howard A. Schweitzer, (202) 565–3229.

SUPPLEMENTARY INFORMATION: This is a

comprehensive revision of 12 CFR part

404 (Ex-Im Bank’s current FOIA

regulations) and 12 CFR part 405 (Ex-Im

Bank’s current Privacy Act regulations).

The proposed part 404 contains Ex-Im

Bank’s regulations for the FOIA, found

in subpart A, and the Privacy Act, found

in subpart B. The proposed part 404

does not contain any regulations

concerning ‘‘appearance and testimony

by Ex-Im Bank officers and employees,’’

currently found at 12 CFR 404.8. Ex-Im

Bank is removing and reserving part 405

for publication of new regulations

entitled ‘‘production and disclosure in

federal or state proceedings.’’

The proposed FOIA regulations, in

addition to setting forth Ex-Im Bank’s

basic FOIA policy and procedure,

include provisions, found in § 404.7, to

implement Executive Order 12600,

‘‘Predisclosure Notification Procedures

for Confidential Commercial

Information.’’ The regulations also set

forth a revised ‘‘schedule of fees,’’ found

in § 404.8. The proposed changes

include increases in the hourly fees for

clerical and professional time to $16.00

and $32.00, respectively, and a decrease

in duplication charges, from $.25 to $.10

per photocopy. New provisions

implementing the Electronic Freedom of

Information Act Amendments of 1996

(Pub. L. 104–231) can be found in

§ 404.3 (public reference facilities),

§ 404.5 (time for processing), and

§ 404.8(d) (material withheld). The

proposed regulations also establish, in

§ 404.11 (administrative appeal), the ExIm Bank Assistant General Counsel for

Administration as the appellate

authority for administrative appeals

under the FOIA.

The proposed Privacy Act regulations,

set forth Ex-Im Bank’s basic Privacy Act

policy and procedures. The regulations

also include the following provisions

concerning matters not previously

addressed: § 404.19 (notice of subpoenas

and emergency disclosures); § 404.20

(request for accounting of record

disclosures); § 404.21 (submission of

social security and passport numbers);

§ 404.22 (contracting record systems);

and § 404.26 (employee standards of

conduct).

Regulatory Flexibility Act

The Ex-Im Bank President and

Chairman, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has certified that this regulation

will not have a significant economic

impact on a substantial number of small

entities. Under the Freedom of

Information Act, agencies may recover

only the direct costs of searching for,

reviewing, and duplicating the records

processed for requesters. Under the

Privacy Act, agencies may recover only

duplication costs. Thus, fees assessed by

Ex-Im Bank under these regulations will

be nominal. Also, Ex-Im Bank receives,

on average, less than two hundred FOIA

and Privacy Act requests per year, and

only one in four of those requests is

made by a small entity.

Certification

In accordance with the Regulatory

Flexibility Act, I hereby certify that the

proposed Freedom of Information Act

and Privacy Act regulations of the

Export-Import Bank of the United States

will not have a significant economic

impact on a substantial number of small

entities.

James A. Harmon,

President and Chairman.

Dated: November 20, 1997.