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

56949 

Vol. 76, No. 179 

Thursday, September 15, 2011 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1450 

RIN 0560–AI13 

Biomass Crop Assistance Program; 

Corrections 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Interim rule; correction. 

SUMMARY: The Commodity Credit 

Corporation (CCC) is amending the 

Biomass Crop Assistance Program 

(BCAP) regulation to provide 

specifically for prioritizing limited 

program funds in favor of the ‘‘project 

area’’ portion of BCAP. CCC is also 

correcting errors in the regulation. 

DATES: Effective Date: September 15, 

2011. 

Comment Date: We will consider 

comments that we receive by 

November 14, 2011. 

ADDRESSES: We invite you to submit 

comments on this interim rule. In your 

comment, include the Regulation 

Identifier Number (RIN) and 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: Kelly Novak, BCAP Program 

Manager, Conservation and 

Environmental Program Division, FSA, 

United States Department of Agriculture 

(USDA), Mail Stop 0513, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0513. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

All written comments will be 

available for public inspection at the 

above address during business hours 

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

Friday, except holidays. 

FOR FURTHER INFORMATION, CONTACT: 

Kelly Novak, phone: (202) 720–4053. 

Persons with disabilities or who require 

alternative means for communication 

(Braille, large print, audio tape, etc.) 

should contact the USDA Target Center 

at (202) 720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

CCC published a final rule on October 

27, 2010 (75 FR 66202–66243) 

implementing BCAP as authorized by 

the Food, Conservation, and Energy Act 

of 2008 (the 2008 Farm Bill, Pub. L. 

110–246). Section 9001 of the 2008 

Farm Bill authorized such sums as 

necessary for BCAP. The Supplemental 

Appropriations Act, 2010 (Pub. L. 111– 

212) enacted on July 29, 2010, limited 

BCAP funding to $552 million in fiscal 

year 2010 and $432 million in fiscal 

year 2011. The Department of Defense 

and Full-Year Continuing 

Appropriations Act, 2011 (Pub. L. 112– 

10, referred to as the 2011 

Appropriations Act) enacted on April 

15, 2011, reduced further the total 

amount of money available for BCAP in 

FY 2011 to $112 million. 

BCAP has two parts—one is for 

‘project areas’ to support the 

establishment of new sources of 

bioenergy. CCC provides establishment 

and annual payments to agricultural and 

forest land owners for the production of 

new crops for bioenergy and bio-based 

products. The other part of BCAP is for 

matching payments for the collection, 

harvest, storage and transportation 

(CHST) of existing sources of biomass. 

The limited funding available for BCAP 

means that not all BCAP requests can be 

funded. This interim rule explicitly 

provides a priority for funding 

establishment and annual payments for 

project area activities because such 

activities will produce the greatest long 

term good in BCAP by providing an ongoing supply of new biomass. CHST 

would only be funded if resources are 

available after funding all eligible 

project area applications. The rule also 

enables prioritization among project 

area proposals if eligible requests 

exceed available funding. Future 

funding for BCAP could make such 

prioritizing unnecessary. 

Under prioritization, FSA will issue a 

notice inviting project area proposals by 

a specified deadline. Applicants will be 

given at least 30 days to prepare their 

proposals. After the application period 

closes, FSA will review all proposals as 

a batch against a set of selection criteria, 

including, but not limited to, the 

following criteria as specified in 7 CFR 

1450.202(a): 

(1) The dry tons of the eligible crops 

proposed to be produced in the 

proposed project area and the 

probability that such crops will be used 

for BCAP purposes; 

(2) The dry tons of renewable biomass 

projected to be available from sources 

other than the eligible crops grown on 

contract acres; 

(3) The anticipated economic impact 

in the proposed project area; 

(4) The opportunity for producers and 

local investors to participate in the 

ownership of the biomass conversion 

facility in the proposed project area; 

(5) The participation rate by 

beginning or socially disadvantaged 

farmers or ranchers; 

(6) The impact on soil, water, and 

related resources; 

(7) The variety in biomass production 

approaches within a project area, 

including agronomic conditions, harvest 

and postharvest practices, and 

monoculture and polyculture crop 

mixes; and 

(8) The range of eligible crops among 

project areas. 

This interim rule also makes technical 

changes to the existing regulations to 

clarify a provision dealing with the 

eligibility of woody materials from 

forest lands, and corrects the use of the 

word ‘‘chapter’’ instead of ‘‘title,’’ and 

the word ‘‘applies’’ instead of ‘‘apply.’’ 

The clarification of the woody material 

eligibility provision is needed because 

as inadvertently written in the previous 

final rule, any herbaceous biomass (such 

as switchgrass) would not qualify for a 

matching payment unless it was 

removed to reduce forest fire, disease or 

insect infestation, or restore forest 

ecosystem health—conditions that are 

intended for woody biomass outside of 

BCAP project areas. The clarifying 

change would not affect woody biomass 

eligibility; rather it ensures that all 

herbaceous biomass (not just crop 

residues) qualifies for matching 

payments. 

In addition, during our review of the 

final rule, we discovered a few 

inconsistencies between the text in the 


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56950 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 

preamble and the rule. Those 

inconsistencies do not require 

corrections to the rule, therefore, we 

identified the problems and the correct 

text in a separate document. That 

clarification document further describes 

these corrections and is available on the 

FSA Web site at http://www.fsa.usda.

gov/FSA/federalNotices?area=home&

subject=lare&topic=frd-ii and on 

regulations.gov. 

Notice and Comment 

Because this rule addresses an 

immediate need produced by a change 

in the funding level for BCAP and 

otherwise makes technical changes, it 

has been determined that it would be 

contrary to the public interest to delay 

the effective date of this rule. Therefore, 

prior comment and a delay in the 

effective date of this rule are not 

required by the Administrative 

Procedures Act (5 U.S.C. 553), the Small 

Business Regulatory Enforcement 

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

or by the memorandum of the Secretary 

of Agriculture published in the Federal 

Register on July 24, 1971 (36 FR 13804). 

Executive Order 12866 

The Office of Management and Budget 

(OMB) designated this rule as 

significant under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and has reviewed this rule. A 

summary of the cost benefit analysis is 

provided below and is available from 

the contact information listed above. 

Summary of Costs and Benefits 

This interim rule will allow CCC to 

prioritize available funds for the 

establishment of BCAP crops to 

maximize the benefits of BCAP. For 

FY2011, $196 million was initially 

made available to CCC, reflecting the 

estimate in the cost-benefit analysis 

accompanying the BCAP final rule and 

the authority in the 2008 Farm Bill for 

‘‘such sums as are necessary’’ from CCC 

to operate the program. The 2011 

Appropriations Act provides a final 

level of funding for BCAP in FY 2011 

of $112 million, a reduction of $84 

million from the previously available 

amount. In 2011, CCC received over 40 

project area proposals well exceeding 

$160 million in funding need, therefore 

exceeding available funding. Given the 

limits in appropriated funds and the 

prioritization provisions of this interim 

rule, the cost of BCAP is therefore 

estimated to be $112 million in 2011. In 

FY 2011, $83.2 million of the total 

annual cost is estimated to be 

establishment and annual payments for 

project areas including technical 

assistance, with the remaining costs 

comprising CHST payments and a 1 

percent reserve. 

Regulatory Flexibility Act 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this interim rule because 

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

any other provision of law to publish a 

notice of proposed rulemaking for this 

rule. As noted above in the Notice and 

Comment section, CCC is using the good 

cause justification of the Administrative 

Procedures Act to issue an interim rule 

effective on publication with an 

opportunity for comment. 

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 corrections 

identified in this interim rule do not 

change the structure or goals of BCAP 

and can be considered simply 

administrative in nature. Therefore, CCC 

has determined that NEPA does not 

apply to this interim rule and no 

environmental assessment or 

environmental impact statement will be 

prepared. 

Executive Order 12372 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ requires consultation with 

State and local officials. 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. This rule neither provides 

Federal financial assistance or direct 

Federal development; it does not 

provide either grants or cooperative 

agreements. Therefore, this program is 

not subject to Executive Order 12372. 

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 will 

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.’’ The 

policies contained in this rule do not 

have tribal implications that preempt 

tribal law. 

Unfunded Mandates 

Title II of the Unfunded Mandate 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) requires Federal agencies to 

assess the effects of their regulatory 

actions on State, local, or 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 

under the regulatory provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA, Pub. L. 104–4) for 

State, local, or tribal governments, or the 

private sector. In addition, CCC is not 

required to publish a notice of proposed 

rulemaking for this rule. Therefore, this 

interim rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA) 

This rule has not been determined to 

be major under SBREFA (Pub. L. 104– 

121). SBREFA normally requires that an 

agency delay the effective date of a 

major rule for 60 days from the date of 

publication to allow for Congressional 

review. Section 808 of SBREFA allows 

an agency to make a major regulation 

effective immediately if the agency 


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Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations 56951 

finds, as was set out above, there is good 

cause to do so. 

Paperwork Reduction Act 

The information collection required 

for this rule has been approved by OMB 

under OMB control number 0560–0082. 

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 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, this 

rule corrects and 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. 

■ 2. Amend § 1450.1 to add paragraph 

(f) to read as set forth below: 

§ 1450.1 Administration. 

* * * * * 

(f) Subject to the availability of funds 

and all other eligibility provisions of 

this part, this part provides the terms, 

conditions and requirements of BCAP. 

In the event that CCC determines that 

available funds are insufficient to 

accommodate the demand for 

establishment and annual payments as 

well as all potential applications for 

matching payments for collection, 

harvest, storage, and transportation of 

eligible material, without any advance 

notice other than that stated here, CCC 

may prioritize the expenditure of 

program funds in favor of funding for 

the selection of BCAP project areas and 

the establishment and annual payments 

related to those project areas, and may 

make such other priorities in approvals 

that will, in the determination of the 

Deputy Administrator, advance the 

purposes of BCAP. 

§ 1450.2 [Amended] 

■ 3. Amend § 1450.2(a) by removing the 

word ‘‘chapter’’ and adding, in its place, 

the word ‘‘title’’. 

§ 1450.5 [Amended] 

■ 4. Amend § 1450.5, in paragraph (a), 

by removing the word ‘‘applies’’ and 

adding, in its place, the word ‘‘apply’’. 

§ 1450.102 [Amended] 

■ 5. Amend § 1450.102, in paragraph 

(a)(3), by removing the words ‘‘not crop 

residues’’ and adding, in their place, the 

words ‘‘woody eligible material 

collected and harvested on land other 

than contract acreage’’. 

§ 1450.206 [Amended] 

■ 6. Amend § 1450.206, in paragraph 

(a)(3), by removing the word ‘‘chapter’’ 

and adding, in its place, the word 

‘‘title’’. 

Signed on September 6, 2011. 

Bruce Nelson, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2011–23596 Filed 9–14–11; 8:45 am] 

BILLING CODE 3410–05–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 30, 36, 39, 40, 51, 70, and 

150 

[NRC–2010–0075] 

RIN 3150–AI79 

Licenses, Certifications, and 

Approvals for Materials Licensees 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is amending its regulations by revising 

the provisions applicable to the 

licensing and approval processes for 

byproduct, source and special nuclear 

materials licenses, and irradiators. The 

changes will clarify the definitions of 

‘‘construction’’ and ‘‘commencement of 

construction’’ with respect to materials 

licensing actions conducted under the 

NRC’s regulations. The NRC is adopting 

these changes to further improve the 

effectiveness and efficiency of the 

licensing and approval processes for 

future materials license applications, as 

well as to eliminate certain 

inconsistencies that currently exist 

within the NRC’s regulations with 

respect to the use and definition of the 

terms ‘‘construction’’ or 

‘‘commencement of construction’’ for 

certain materials licensees for purposes 

of its environmental reviews. 

DATES: This final rule is effective on 

November 14, 2011. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, Room O1– 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available electronically at the NRC 

Public Library at http://www.nrc.gov/ 

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

the public can gain entry into ADAMS, 

which provides text and image files of 

the NRC’s public documents. If you do 

not have access to ADAMS or if there 

are problems in accessing the 

documents located in ADAMS, contact 

the NRC’s PDR reference staff at 1–800– 

397–4209, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

• Federal Rulemaking Web Site: 

Public comments and supporting 

materials related to this final rule can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2010– 

0075. Address questions about NRC 

dockets to Carol Gallagher, telephone: 

301–492–3668; e-mail: 

Carol.Gallagher@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tracey Stokes, Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–1064; e-mail: 

Tracey.Stokes@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Summary and Analysis of Public 

Comments on the Proposed Rule 

III. Discussion 

IV. Section-by-Section Analysis 

V. Agreement State Compatibility 

VI. Voluntary Consensus Standards 

VII. Environmental Impact—Categorical 

Exclusion 

VIII. Paperwork Reduction Act Statement 

IX. Regulatory Analysis 

X. Regulatory Flexibility Certification 

XI. Backfit Analysis 

XII. Congressional Review Act 

I. Background 

On July 27, 2010 (75 FR 43865), the 

NRC published a proposed rule, 

‘‘Licenses, Certifications, and Approvals 

for Materials Licenses.’’ The rule 

proposed to amend the NRC’s 

regulations to clarify the definitions of 

‘‘construction’’ and ‘‘commencement of 

construction’’ applicable to the 

licensing and approval processes for 

byproduct, source and special nuclear 

materials licenses, and irradiators. The 


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