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

66907 

Vol. 74, No. 241 

Thursday, December 17, 2009 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 610 

State Technical Committees 

AGENCY: Natural Resources 

Conservation Service, United States 

Department of Agriculture. 

ACTION: Final rule. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS) is 

publishing a final rule that sets forth the 

policies for State Technical Committees 

at 7 CFR part 610, subpart C. NRCS 

published the State Technical 

Committee interim final rule in the 

Federal Register on November 25, 2008. 

NRCS published standard operating 

procedures for State Technical 

Committees as a notice in the Federal 

Register on April 7, 2009. The public 

was invited to comment on both the 

interim final rule and the standard 

operating procedures. This final rule 

incorporates changes made to 7 CFR 

part 610, subpart C, in response to 

public comments received on the 

interim final rule and the standard 

operating procedures. Subsequent to the 

publication of this final rule, and 

utilizing the comments received, NRCS 

will make further updates to its 

standard operating procedures. 

DATES: Effective Date: The rule is 

effective December 17, 2009. 

ADDRESSES: This notice may be accessed 

via the Internet. Users can access the 

NRCS homepage at: http:// 

www.nrcs.usda.gov/; select the Farm 

Bill link from the menu. Persons with 

disabilities 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). 

FOR FURTHER INFORMATION CONTACT: Dan 

Lawson, Acting Director, Conservation 

Planning and Technical Assistance 

Division, Department of Agriculture, 

Natural Resources Conservation Service, 

1400 Independence Avenue, SW., Room 

6015 South Building, Washington, DC 

20250; telephone: (202) 720–1510; fax: 

(202) 720–2998; or e-mail: 

dan.lawson@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined this final rule is 

not significant and will not be reviewed 

by OMB under Executive Order 12866. 

Regulatory Flexibility Act 

The final rule will not have a 

significant environmental impact on 

small entities. NRCS has determined 

that the Regulatory Flexibility Act does 

not apply. 

Civil Rights Impact Analysis 

NRCS has determined through a Civil 

Rights Impact Analysis that the State 

Technical Committee final rule 

discloses no disproportionately adverse 

impact for minorities, women, or 

persons with disabilities. The 

incorporated changes to 7 CFR part 610, 

subpart C, were required by the Food, 

Conservation, and Energy Act of 2008 

(2008 Act). The 2008 Act changed the 

composition and responsibilities of the 

State Technical Committees. 

Specifically, the 2008 Act added 

‘‘agricultural producers and other 

professionals that represent a variety of 

disciplines in the soil, water, wetland, 

and wildlife sciences’’ and ‘‘owners of 

nonindustrial private forest land’’ as 

members of the committee. The 2008 

Act removed the U.S. Fish and Wildlife 

Service as a statutorily identified 

member of the committee, and modified 

the requirement for agriculture producer 

member participation. Agriculture 

producer members are no longer 

required to have conservation expertise. 

Agriculture producer members are now 

required to represent a variety of crops 

and livestock or poultry raised within 

the State. The Secretary continues to 

have discretionary authority to include 

other agency personnel with expertise 

in soil, water, wetland, and wildlife 

management. These changes are 

reflected in § 610.22 of this regulation, 

and the language in the standard 

operating procedures addresses the 

composition of the committees which is 

broad enough to add members that have 

experience to address agricultural and 

natural resources issues regardless of 

race, color, national origin, gender, sex, 

or disability status. Outreach and 

communication strategies are in place to 

ensure that potential members will be 

provided the same information to allow 

them to make informed decisions 

regarding membership. The State 

Technical Committee membership 

applies to all persons equally regardless 

of race, color, national origin, gender, 

sex, or disability status. Therefore, the 

State Technical Committee rule 

portends no adverse civil rights 

implications for minorities, women, or 

persons with disabilities. Copies of the 

Civil Rights Impact Analysis may be 

obtained from Dan Lawson, Acting 

Director, Conservation Planning and 

Technical Assistance Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 6015 

South Building, Washington, DC 20250. 

Environmental Analysis 

The final rule involves the 

establishment of State Technical 

Committees. As provided by 7 CFR part 

1b.3—Categorical Exclusions, the final 

rule involves administrative functions 

that are categorically excluded from 

further environmental review under the 

National Environmental Policy Act. 

Specifically, 7 CFR part 1b.3 states: (a) 

The following are categories of activities 

which have been determined not to 

have a significant individual or 

cumulative effect on the human 

environment and are excluded from the 

preparation of an environmental 

assessment or environmental impact 

statement, unless individual agency 

procedures prescribed otherwise. 

(1) Policy development, planning, and 

implementation which relate to routine 

activities, such as personnel, 

organizational changes, or similar 

administrative functions; 

(2) Activities which deal solely with 

the funding of programs, such as 

program budget proposals, 

disbursements, and transfer or 

reprogramming of funds; 

(3) Inventories, research activities, 

and studies, such as resource 

inventories and routine data collection 


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when such actions are clearly limited in 

context and intensity; 

(4) Educational and informational 

programs and activities; 

(5) Civil and criminal law 

enforcement and investigative activities; 

(6) Activities which are advisory and 

consultative to other agencies and 

public and private entities, such as legal 

counseling and representation; and 

(7) Activities related to trade 

representation and market development 

activities abroad. 

The State Technical Committee rule 

meets the criteria for being a categorical 

exclusion under § 1b.3(1) policy 

development, planning, and 

implementation which relate to routine 

activities, such as personnel, 

organizational changes, or similar 

administrative functions; and § 1b.3(6) 

activities which are advisory and 

consultative to other agencies and 

public and private entities, such as legal 

counseling and representation. 

Paperwork Reduction Act 

Section 2904 of the 2008 Act provides 

that the promulgation of regulations and 

administration of Title II of the Act will 

be made without regard to chapter 35 of 

Title 44 of the U.S.C., also known as the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Therefore, NRCS is 

not reporting recordkeeping or 

estimated paperwork burden associated 

with this final rule. 

Executive Order 12988 

This final rule has been reviewed in 

accordance with Executive Order 12988, 

Civil Justice Reform. The provisions of 

this final rule are not retroactive. The 

provisions of this final rule preempt 

State and local laws to the extent that 

such laws are inconsistent with this 

final rule. Before an action may be 

brought in a Federal court of competent 

jurisdiction, the administrative appeal 

rights afforded persons at parts 11, 614, 

and 780 of Title 7 of the CFR must be 

exhausted. 

Executive Order 13132 

This final rule has been reviewed in 

accordance with the requirements of 

Executive Order 13132, Federalism. The 

Department of Agriculture (USDA) has 

determined that this final rule conforms 

with the Federalism principles set forth 

in the Executive Order; would not 

impose any compliance costs on the 

States; and would not have substantial 

direct effects on the States, on the 

relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities on the various levels of 

government. Therefore, USDA 

concludes that this final rule does not 

have Federalism implications. 

Executive Order 13175 

This final rule has been reviewed in 

accordance with Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments. NRCS has 

assessed the impact of this final rule on 

Indian Tribal governments and has 

concluded that this rule will not 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. 

Unfunded Mandates Reform Act of 1995 

NRCS assessed the effects of this 

rulemaking action on State, local, and 

Tribal governments, and the public. 

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. 

Discussion of State Technical 

Committees 

Interim Final Rule and Standard 

Operating Procedures 

NRCS published an interim final rule 

on November 25, 2008. This rule 

incorporated changes to 7 CFR part 610, 

subpart C, required by the 2008 Act 

amendments to Subtitle G of Title XII of 

the Food Security Act of 1985 (1985 

Act). The 2008 Act changed the 

composition and responsibilities of 

State Technical Committees. 

Specifically, the 2008 Act added 

‘‘agricultural producers and other 

professionals that represent a variety of 

disciplines in the soil, water, wetland, 

and wildlife sciences’’ and ‘‘owners of 

nonindustrial private forest land’’ as 

eligible members of the committee. The 

2008 Act removed several Federal 

agencies as statutorily identified 

members of the committee, and 

modified the requirement for agriculture 

producer member participation. The 

requirement that agricultural producer 

members have ‘‘demonstrable 

conservation expertise’’ was deleted and 

replaced with a requirement that 

agricultural producer members 

represent a variety of crops and 

livestock or poultry raised within the 

State. NRCS continues to have 

discretionary authority to include other 

agency personnel with expertise in soil, 

water, wetland, and wildlife 

management. These changes were 

reflected in § 610.22 of the interim final 

rule. 

Section 1261(c) of the 1985 Act, as 

revised by the 2008 Act, states that: 

‘‘each State Technical Committee will 

be composed of agricultural producers 

and other professionals that represent a 

variety of disciplines in soil, water, 

wetland, and wildlife sciences.’’ To 

ensure that recommendations of State 

Technical Committees take into account 

the needs of the diverse groups served 

by USDA, the interim final rule 

provided in § 610.22 that committee 

membership will include, to the extent 

practicable, individuals with 

demonstrated ability to represent the 

conservation and related technical 

concerns of particular historically 

underserved groups and individuals; i.e. 

minorities, women, persons with 

disabilities, socially and economically 

disadvantaged groups, and beginning 

farmers and ranchers. Since the State 

Conservationist determines the 

membership on the State Technical 

Committee, individuals or groups 

wanting to participate as members may 

submit to the State Conservationist a 

request that explains their interest and 

outlines their relevant credentials for 

becoming a member. The State 

Conservationist ensures that all interests 

are adequately represented and heard on 

the committee, and that the 

recommendations, when adopted, 

address natural resource concerns. 

Section 1261 of the 1985 Act provides 

that each committee is advisory and has 

no implementation or enforcement 

authority. The 2008 Act amendments 

continue this provision in Section 

1262(c)(1). However, in Section 

1262(c)(2), the committees’ role is 

expanded to provide advice on whether 

Local Work Groups are addressing State 

priorities. In the interim final rule, 

NRCS revised § 610.24(c) to incorporate 

this change. 

The 2008 Act amendments to Section 

1261(b)(1) require the Secretary to 

establish standard operating procedures 

for committees. NRCS published 

standard operating procedures as a 

notice in the Federal Register on April 

7, 2009. NRCS incorporated these 

procedures in agency directives which 

are available through the NRCS State 

Technical Committees’ Web site and 

offices. 

The 2008 Act stated that any Local 

Working Group will be considered to be 

a subcommittee of the applicable State 

Technical Committee, and thus exempt 

from the Federal Advisory Committee 

Act (FACA). NRCS changed § 610.21, 

Purpose and Scope, and § 610.25, 

Specialized Subcommittees, in the 


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interim final rule to incorporate this 

statutory provision. 

Discussion of Comments 

NRCS received a total of 16 responses 

from Soil and Water Conservation 

Districts (SWCDs), State Associations of 

Conservation Districts, Indian Nations 

Conservation Alliance, conservation and 

agriculture interests, State natural 

resource agencies, Association of Fish 

and Wildlife Agencies, and a Federal 

agency. NRCS received many positive 

comments including the following: One 

respondent appreciated the use of 

subcommittees to address specific 

issues; another respondent applauded 

the change exempting Local Working 

Groups from the FACA in order that 

stakeholders may also take part in the 

discussion; three respondents approved 

of the addition of the State Technical 

Committees’ role in the review of Local 

Working Groups to ensure consistency; 

another respondent approved of the 

public attendance at meetings; one 

respondent supported the 14-day public 

notice; another respondent expressed 

support for the standard operating 

procedures; and one respondent 

supported the addition of ‘‘owners of 

non-industrial private forest land’’ 

required by the 2008 Act. NRCS 

appreciates receiving this feedback 

which affirms the language in the 

interim final rule and standard 

operating procedures. 

Other comments generally reflected 

the need for NRCS to enhance 

communication between the agency and 

the committees, as well as ensure that 

all groups are adequately represented on 

the committees. The comments are 

categorized by topic. 

1. Responsibilities of State Technical 

Committees 

Comment: Seven respondents 

requested that NRCS expand the list of 

activities in § 610.24(a). Among these 

responses, one respondent 

recommended NRCS include Highly 

Erodible Land and Wetland 

Conservation provisions; two 

respondents requested the Conservation 

Cooperative Partnership Initiative 

(CCPI); one recommended the 

Agricultural Management Assistance 

(AMA) Program be added; another 

respondent recommended adding the 

Conservation Innovation Grants and the 

Agricultural Water Enhancement 

Program; another respondent requested 

interim conservation practice standard 

creation and revision be added, 

including conservation practice 

standards for specialty crops, organic 

production, precision agriculture, 

energy conservation and bioenergy 

production, native and managed 

pollinators, and forestry; and another 

respondent requested State-specific 

conservation practice standards, 

policies, guidelines, and programs. 

One respondent requested § 610.24 be 

expanded to include after the list of 

programs the following: ‘‘Each State 

Technical Committee may also provide 

advice on such other programs or 

conservation issues as may be requested 

by the State Conservationist.’’ 

Response: NRCS partially agrees with 

the respondents and amends Section 

§ 610.24(a) to include the CCPI and 

conservation practice standards and 

specifications. The AMA Program is not 

listed since it is not a Title XII program 

under the 1985 Act, and therefore not 

encompassed by the statutory authority 

of State Technical Committees under 

Subtitle G of Title XII. In response to the 

comments received, NRCS is inserting 

‘‘not limited to’’ in the sentence 

preceding the listed activities and 

programs. This is to clarify that State 

Technical Committees may offer 

recommendations on programs and 

activities other than the ones listed as 

long as they are within Title XII. 

Comment: One respondent 

recommended adding subprogram 

allocation decisions to the list of 

recommendations to be made by the 

State Technical Committee in § 610.24 

(a). 

Response: No changes were made to 

the rule in response to this comment. 

NRCS believes the updated language in 

§ 610.24 allows for the issue to be a 

topic of discussion for State Technical 

Committees. 

2. State Technical Committee and Local 

Working Group Membership 

Comments: Numerous comments 

were received regarding the 

composition of State Technical 

Committees and Local Working Groups. 

Two respondents were concerned that 

State Conservationists may be more 

restrictive than Congress intended. 

Respondents suggested a number of 

adjustments to specifically recognize 

certain groups including: Tribal 

conservation districts; non-profit 

organizations with expertise reaching 

beginning and socially disadvantaged 

farmers and ranchers; U.S. Fish and 

Wildlife Service; a representative of 

State Fish and Wildlife Agencies; State 

Forestry Associations; and 

representatives from Federal, State or 

local government agencies with 

statutory responsibility for the resources 

being analyzed by the subcommittee. 

They also requested clarification that 

the list is not exhaustive and that the 

requirement for agriculture producers to 

have conservation expertise be 

reinstated. 

Another respondent wanted a broad 

array of agencies, organizations, 

producers, and conservation 

professionals to serve on Local Working 

Groups, and another respondent 

commented that the State 

Conservationist should have broad 

latitude to invite and allow varied 

expertise while keeping the State 

Technical Committee to a workable size. 

Another respondent requested that 

the standard operating procedures make 

it clear that Local Working Groups need 

to include members with expertise to 

identify the most significant 

environmental challenges associated 

with agriculture production. 

Response: The 2008 Act removed 

specific membership for several Federal 

agencies and supported broad 

representation from the agriculture 

community. The interim final rule 

mirrored the statute in terms of the 

composition of the State Technical 

Committee. However, NRCS believes it 

is important to obtain and utilize the 

expertise of representatives from the 

conservation and agriculture 

communities, as well as Federal and 

State agencies, and does not want to 

limit a State Conservationist’s ability to 

have access to necessary resources. 

NRCS has incorporated the following 

policy in the standard operating 

procedures: ‘‘* * * the State 

Conservationist will invite other Federal 

agencies and persons knowledgeable 

about economic and environmental 

impacts of conservation techniques and 

programs to participate, as needed.’’ 

Additionally, NRCS incorporated 

language in § 610.22 of this final rule to 

address membership concerns. 

Specifically, NRCS revised the language 

in paragraph (a)(6) to remove the 

acreage size requirement for the 

Federally recognized Indian Tribes; in 

paragraph (b) added as invitees State 

and regional agencies and organizations; 

in paragraph (c) added Beginning 

Farmers and Ranchers; and in paragraph 

(d) clarified that it is the responsibility 

of the State Conservationist to seek a 

balanced representation of interests 

among the membership. 

Further, NRCS addressed concerns 

related to historically underserved 

groups by including the following in the 

standard operating procedures: ‘‘To 

ensure that recommendations of State 

Technical Committees take into account 

the needs of diverse groups served by 

USDA, membership will include, to the 

extent practicable, individuals with 

demonstrated ability to represent the 

conservation and related technical 

concerns of particular historically 


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underserved groups and individuals 

including, but not limited to, the 

following: 

• Minorities; 

• Women; 

• Persons with disabilities; and 

• Socially and economically 

disadvantaged groups.’’ 

Comments: Two respondents 

requested that NRCS revise § 610.22(d) 

regarding decisions to deny 

membership. One respondent 

recommended NRCS require that if the 

State Conservationist rejects an 

application for participation, they 

inform the applicant of the grounds for 

rejection. Another respondent 

recommended specific language related 

to the ability to appeal these decisions. 

One respondent recommended the 

statement, ‘‘It is the State 

Conservationist’s responsibility to 

ensure equal representation of all 

interests’’ be included. Another 

respondent recommended that NRCS 

insert the word ‘‘individual’’ before the 

word ‘‘membership.’’ 

Response: NRCS agrees with most of 

the comments and has incorporated the 

following language in the standard 

operating procedures, ‘‘The State 

Conservationist will respond to requests 

for State Technical Committee 

membership in writing within a 

reasonable period of time, not to exceed 

60 days.’’ In § 610.22(d) of the final rule, 

NRCS added clarification that it is the 

responsibility of the State 

Conservationist to seek a balanced 

representation of interests among the 

membership on the State Technical 

Committee. However, decisions related 

to membership are at the discretion of 

the State Conservationist. 

Comment: One respondent 

commented that most Tribal 

conservation districts and many socially 

disadvantaged community-based 

organizations do not have the resources 

to pay travel expenses for a 

representative to attend State Technical 

Committee meetings. The respondent 

asked whether NRCS can cover the cost 

of these travel expenses. 

Response: Tribal conservation 

districts and socially disadvantaged 

farmers and ranchers’ participation in 

State Technical Committee meetings is 

important to NRCS. NRCS is not offering 

to pay expenses of State Technical 

Committee participants; however, State 

Conservationists may have various 

means of facilitating the participation of 

producers and organizations in State 

Technical Committee meetings such as 

the use of net conference hook-ups in 

remote locations, holding State 

Technical Committee meetings in 

strategic locations, and other 

arrangements. If an individual or an 

organization is having difficulty 

participating on the State Technical 

Committee because of limited financial 

resources, it is recommended that the 

matter be brought to the attention of the 

State Conservationist. No changes were 

made to the rule in response to this 

comment. 

Comment: One respondent 

recommended that § 610.24 be 

extensively rewritten prior to issuing 

the final rule. The rewrite should 

include a clear description of the 

membership and meetings of State 

Technical Committee subcommittees, 

including but not limited to Local 

Working Groups, and should include a 

clear and comprehensive description of 

the Local Working Group’s 

responsibilities. 

Response: In response to this 

comment, NRCS has incorporated 

language in the standard operating 

procedures relating to these issues and 

has modified § 610.25(b)(3) in the final 

rule. The public can view the standard 

operating procedures at the following 

Web address: http:// 

directives.sc.egov.usda.gov/, or obtain a 

copy from their local NRCS office. 

Comment: One respondent 

recommended that NRCS revise 

§ 610.25(b) and in the interim, before 

issuing the final rule, issue more 

immediate guidance to direct State 

Conservationists to include non-profit 

organizations to participate on Local 

Working Groups. 

Response: NRCS has modified 

§ 610.25(b)(3) as a result of this 

comment. Also, the recently published 

standard operating procedures contain a 

discussion on membership of Local 

Working Groups and will be updated as 

a result of this and other comments. 

Comment: One respondent 

commented that it is important that the 

rule is clear that the work of State 

Technical Committees will continue 

even if some required representatives 

choose not to participate regularly. 

Response: NRCS concurs with the 

suggestion and will insert ‘‘if willing to 

serve’’ in the final rule to clarify that the 

work of State Technical Committees 

will continue in the absence of a 

representative from an invited group. 

3. State Conservationists’ Response to 

Recommendations 

Comments: Seven respondents 

commented about communication 

between the Local Working Group, State 

Technical Committee, and the State 

Conservationist and the importance of 

receiving feedback on Local Working 

Group recommendations. Several 

requested that if the recommendations 

are not incorporated into the USDA 

program delivery system, NRCS should 

state the reasons behind that decision. 

Response: NRCS agrees with the 

comments and has established the 

following policy within the standard 

operating procedures: ‘‘The State 

Conservationist will inform the State 

Technical Committee as to the decisions 

made in response to all State Technical 

Committee recommendations within 90 

days. This notification will be made in 

writing to all State Technical Committee 

members and posted to the NRCS State 

Web site.’’ 

4. Subcommittees 

Comment: One respondent 

commented that the interim final rule 

requires State Technical Committee 

subcommittees to provide 

recommendations they develop to the 

State Technical Committee in a general 

session where the public is notified and 

invited to attend, but it does not impose 

the same requirement on Local Working 

Groups. 

Response: Specialized subcommittees 

of State Technical Committees may or 

may not have public participation; and, 

therefore, the standard operating 

procedures state that subcommittee 

recommendations are to be brought 

forth to the State Technical Committee, 

where the public is invited, for review 

or action. The same requirement is not 

imposed on Local Working Groups as 

the meetings are open to the public. In 

regard to the mechanism(s) to be used 

by State Technical Committees to 

review whether Local Working Groups 

are addressing State priorities, NRCS is 

suggesting that State Conservationists 

recommend a process to the State 

Technical Committees that 

accommodates the needs of their 

respective States. 

Comment: One respondent 

recommended § 610.25 be revised to 

add a statement requiring that State 

Conservationists open the invitation to 

participate on subcommittees to the 

entire State Technical Committee. 

Response: NRCS revised § 610.25(a) in 

the final rule to read, ‘‘In some 

situations, specialized subcommittees, 

made up of State Technical Committee 

members, may be needed to analyze and 

examine specific issues. The State 

Conservationist may assemble certain 

members, including members of Local 

Working Groups and other 

knowledgeable individuals, to discuss, 

examine, and focus on a particular 

technical or programmatic topic.’’ The 

recommendations from the 

subcommittee are to be presented to the 

full State Technical Committee. 


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5. Local Working Groups 

Comments: Four respondents 

commented on the importance of 

SWCDs convening Local Working 

Groups. The respondents stated that 

SWCDs are uniquely positioned to 

undertake the process of bringing 

everyone together to provide input. 

Another respondent commented that 

SWCDs be supported with additional 

resources so that they have the capacity 

to fulfill their mandated responsibilities. 

Response: NRCS agrees that SWCDs 

are uniquely positioned to organize and 

convene the Local Working Groups and 

has incorporated the following language 

in the standard operating procedures, 

‘‘Local Working Groups are normally 

chaired by the appropriate SWCD. In the 

event the SWCD is not able, or does not 

choose to chair the Local Working 

Group, NRCS’ district conservationist 

(or designated conservationist) will be 

responsible for those duties.’’ This 

language has already been incorporated 

into the NRCS Conservation Programs 

Manual (440) subpart B, part 501 (see 

http://directives.sc.egov.usda.gov/). 

NRCS views these comments as relating 

to procedural issues and, therefore, did 

not make any changes to the regulation. 

NRCS recognizes the importance of 

the SWCD having an adequate level of 

resources necessary to fulfill their 

responsibilities. However, no changes 

were made to the rule in response to 

this comment. NRCS believes this 

suggestion is beyond the scope of this 

regulation. 

Comments: Five respondents 

commented that they did not feel it is 

appropriate to expect the State 

Conservationist to be present at all Local 

Working Group meetings. NRCS should 

be represented by the district 

conservationist or designated 

conservationist. 

Response: NRCS did not intend for 

State Conservationists to be present at 

Local Working Group meetings. 

Although NRCS did not make changes 

to the rule in response to this comment, 

the agency will clarify its operating 

procedure. 

Comment: One respondent 

commented that Local Working Groups 

should meet once per year at a 

minimum. 

Response: NRCS agrees with the 

comment and has incorporated the 

following language in the standard 

operating procedures: ‘‘The Local 

Working Group should meet at least 

once each year at a time and place 

designated by the Chairperson, unless 

otherwise agreed to by the members of 

the Local Working Group. Other 

meetings may be held at the discretion 

of the Chairperson. Meetings will be 

called by the Chairperson whenever it is 

determined that there is business that 

should be brought before the Local 

Working Group.’’ 

Comments: Five respondents 

requested that the Local Working Group, 

as a subcommittee to the State 

Technical Committee, provide a report 

to the State Conservationist and a 

summary of all Local Working Group 

meetings be presented during the State 

Technical Committee meeting. 

Respondents differed in their 

recommendations on the NRCS 

representative that should receive the 

report. Recommendations included 

delivering it to the State 

Conservationist, district conservationist, 

or area conservationist. 

Response: NRCS agrees with the 

comments and has addressed them in 

the standard operating procedures as 

follows: ‘‘Local Working Group 

recommendations are to be submitted to 

State Technical Committee Chairperson 

or the district conservationist (or 

designated conservationist), as 

appropriate, within 14 calendar days 

after a meeting.’’ The standard operating 

procedures allow for flexibility in the 

procedure by which Local Working 

Group recommendations are forwarded 

to the State Technical Committee. 

Ultimately, the intent is to ensure that 

the State Technical Committee receives 

the information. 

Comment: One respondent was 

concerned that the process to obtain, 

evaluate, and implement 

recommendations of Local Working 

Groups may be overly complicated and 

burdensome to accomplish in a timely 

manner. The respondent encouraged 

simplification in the process and that 

significant weight be given to local and 

State priorities in determining 

allocation of NRCS program funds. 

Response: NRCS appreciates the 

respondent’s comment regarding an 

overly complicated process and has 

attempted to provide a ‘‘blueprint’’ for 

States to operate State Technical 

Committees in an efficient manner, as 

well as allow for adequate flexibility for 

States to tailor the State Technical 

Committee operations to meet their 

needs. No changes were made to the 

rule in response to this comment; 

however, the agency will consider this 

comment when updating the current 

standard operating procedures. 

Comment: One respondent 

commented that Local Working Groups 

should provide the State Technical 

Committee with information on their 

recommendations, including the process 

used to develop the recommendations. 

Response: NRCS agrees that this 

requirement would help Local Working 

Groups support their recommendations; 

however, requiring the Local Working 

Groups to do this may overly complicate 

the process. No changes were made to 

the rule in response to this comment. 

The agency encourages Local Working 

Groups to include additional 

information to support their 

recommendations. 

Comment: One respondent 

commented that § 610.25(b)(2) be 

modified to allow for Local Working 

Groups to not only provide 

recommendations on local natural 

resource priorities and criteria for 

conservation activities and programs, 

but to also provide input to the State 

Technical Committee for their 

consideration in establishing State 

priorities. 

Response: This comment is addressed 

in the standard operating procedures 

through the following language, ‘‘Local 

Working Group recommendations are to 

be submitted to the State Technical 

Committee Chairperson or the district 

conservationist (or designated 

conservationist), as appropriate, within 

14 calendar days after a meeting.’’ The 

Local Working Group recommendations 

may include input related to 

establishing State priorities. 

6. Other 

Comment: One respondent 

recommended NRCS establish a Web 

page for State Technical Committee and 

Local Working Group meetings to 

include membership lists, meeting 

announcements, agenda, minutes, and 

any determinations related to 

recommendations. 

Response: NRCS generally agrees with 

this comment and has already included 

the suggestion in the standard operating 

procedures. 

Comment: One respondent 

commented that State Conservationists 

should have the discretion to take 

additional transparency and 

accountability steps beyond the national 

standard operating procedures. 

Response: NRCS agrees that State 

Conservationists should have this 

discretion. The national policy in the 

standard operating procedures details 

the minimum requirements governing 

the operation of State Technical 

Committees. State Conservationists have 

the discretion and flexibility to make 

management decisions providing all 

applicable laws and regulations are 

followed. No changes were made to the 

rule in response to this comment. 

Comment: One respondent 

recommended that the public notice of 

the State Technical Committee meetings 


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include the proposed agenda and the 

links to any relevant documents that 

may be available on the Web. The 

respondent also recommended that 

State Technical Committee members be 

provided with any documents which 

will be under discussion at least 14 days 

before the meeting. 

Response: The suggestion was 

included in the standard operating 

procedures, ‘‘The State Conservationist 

will prepare a meeting agenda and 

provide it to the committee members at 

least 14 calendar days prior to a 

scheduled meeting.’’ As this 

recommendation is included in policy, 

no changes were made to the rule in 

response to this comment. 

Comment: One respondent requested 

the 14-day meeting notice be modified 

to a 30-day meeting notice to allow for 

less conflict and more participation. 

Response: While the 14 days is a 

minimum, NRCS recognizes that more 

advance notice is desirable. Many State 

Technical Committees find that 

establishing a schedule for regular (e.g. 

quarterly) meetings works well. No 

changes were made to the rule in 

response to this comment. 

Comment: One respondent 

commented that standard operating 

procedures should be clear that 

‘‘effectively utilizing State Technical 

Committees’’ means using the expertise 

of its members, specifically scientists 

and other personnel of State and Federal 

agencies. Standard operating procedures 

should be clear that State Technical 

Committees are to assist the State 

Conservationist in targeting 

conservation program resources in a 

manner that ensures the programs are 

effective in helping producers produce 

significant environmental benefits for 

the public. 

Response: Although no changes were 

made to the rule in response to this 

comment, the rule states, ‘‘State 

Technical Committees are to provide 

information, analysis, and 

recommendations to appropriate 

officials of the Department of 

Agriculture who are charged with 

implementing and establishing 

priorities and criteria for natural 

resources conservation activities and 

programs under Title XII of the 1985 

Act.’’ NRCS believes that ‘‘helping 

producers produce significant 

environmental benefits’’ is embedded in 

the individual conservation program 

authorities, selection criteria, and other 

processes. 

Comment: One respondent 

recommended NRCS issue a notice of 

proposed standard operating procedures 

and allow a 30-day public comment 

period. 

Response: NRCS agrees with this 

comment. The agency published the 

standard operating procedures as a 

notice in the Federal Register on April 

7, 2009. The notice provided a 60-day 

public comment period and requested 

public input on NRCS’ updated policy, 

including standard operating 

procedures for State Technical 

Committees. No changes were made to 

the rule in response to this comment 

because this recommendation was 

implemented. 

Comment: One respondent 

recommends that prior to NRCS drafting 

and publishing the standard operating 

procedures, NRCS should solicit from 

State Conservationists and State offices 

substantive input, suggestions, and 

recommendations for creating the 

standard operating procedures. 

Response: NRCS agrees with this 

comment and followed this suggestion 

prior to publishing the standard 

operating procedures in the Federal 

Register on April 7, 2009. 

Comment: One respondent requested 

NRCS add ‘‘and the USDA agency will 

address the concerns of the State 

Technical Committee’’ to the last 

sentence of § 610.24(b). 

Response: The last sentence of 

§ 610.24(b) of the interim final rule 

states, ‘‘the implementing USDA agency 

will give strong consideration to the 

State Technical Committee 

recommendations.’’ NRCS believes all 

State Technical Committee 

recommendations should be strongly 

considered; however, the USDA 

agencies may not be able to address or 

effect every recommendation. Therefore, 

no changes were made to the rule in 

response to this comment. 

List of Subjects in 7 CFR Part 610 

Soil conservation, State Technical 

Committee, Technical assistance, and 

Water resources. 

■ For the reasons stated in the preamble, 

NRCS amends part 610 of Title 7 of the 

CFR as follows: 

PART 610—TECHNICAL ASSISTANCE 

■ 1. The authority citation for part 610 

continues to read as follows: 

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

3861, 3862. 

■ 2. Subpart C is revised 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. 

610.25 Subcommittees and Local Working 

Groups. 

Subpart C—State Technical 

Committees 

§ 610.21 Purpose and scope. 

This subpart sets forth the procedures 

for establishing and using the advice of 

State Technical Committees. The 

Natural Resources Conservation Service 

(NRCS) will establish in each State a 

Technical Committee to assist in making 

recommendations relating to the 

implementation and technical aspects of 

natural resource conservation activities 

and programs. The Department of 

Agriculture (USDA) will use State 

Technical Committees in an advisory 

capacity in the administration of certain 

conservation programs and initiatives. 

Pursuant to 16 U.S.C. 3862(d), these 

State Technical Committees and Local 

Working Groups are exempt from the 

provisions of the Federal Advisory 

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

§ 610.22 State Technical Committee 

membership. 

(a) State Technical Committees will 

include agricultural producers, 

nonindustrial private forest land 

owners, and other professionals who 

represent a variety of disciplines in soil, 

water, wetlands, plant, and wildlife 

sciences. The State Conservationist in 

each State will serve as chairperson. 

The State Technical Committee for each 

State will include representatives from 

among the following, if willing to serve: 

(1) NRCS, USDA; 

(2) Farm Service Agency, USDA; 

(3) State Farm Service Agency 

Committee, USDA; 

(4) Forest Service, USDA; 

(5) National Institute of Food and 

Agriculture, USDA; 

(6) Each of the Federally recognized 

Indian Tribes in the State; 

(7) State departments and agencies 

within the State, including the: 

(i) Fish and wildlife agency; 

(ii) Forestry agency; 

(iii) Water resources agency; 

(iv) Department of agriculture; 

(v) Association of soil and water 

conservation districts; and 

(vi) Soil and water conservation 

agency; 

(8) Agricultural producers 

representing the variety of crops and 

livestock or poultry raised within the 

State; 

(9) Owners of nonindustrial private 

forest land; 

(10) Nonprofit organizations, within 

the meaning of section 501(c)(3) of the 

Internal Revenue Code of 1986, with 


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demonstrable conservation expertise 

and experience working with 

agriculture producers in the State; and 

(11) Agribusiness. 

(b) The State Conservationist will 

invite other relevant Federal, State, and 

regional agencies, organizations, and 

persons knowledgeable about economic 

and environmental impacts of natural 

resource conservation techniques and 

programs to participate as needed. 

(c) To ensure that recommendations 

of State Technical Committees take into 

account the needs of the diverse groups 

served by USDA, membership will 

include, to the extent practicable, 

individuals with demonstrated ability to 

represent the conservation and related 

technical concerns of particular 

historically underserved groups and 

individuals; i.e., minorities, women, 

persons with disabilities, socially and 

economically disadvantaged groups, 

and beginning farmers and ranchers. 

(d) In accordance with the guidelines 

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

section, it is the responsibility of the 

State Conservationist to seek a balanced 

representation of interests among the 

membership on the State Technical 

Committee. Individuals or groups 

wanting to participate on a State 

Technical Committee within a specific 

State may submit a request to the State 

Conservationist that explains their 

interest and outlines their credentials 

which they believe are relevant to 

becoming a member. Decisions 

regarding membership are at the 

discretion of the State Conservationist. 

State Conservationist decisions on 

membership are final and not 

appealable to any other individual or 

group within USDA. 

§ 610.23 State Technical Committee 

meetings. 

(a) The State Conservationist, as 

Chairperson, schedules and conducts 

the meetings, although a meeting may 

be requested by any USDA agency or 

State Technical Committee member. 

(b) NRCS will establish and maintain 

national standard operating procedures 

governing the operation of State 

Technical Committees and Local 

Working Groups in its directive system. 

The standard operating procedures will 

outline items such as: The best practice 

approach to establishing, organizing, 

and effectively utilizing State Technical 

Committees and Local Working Groups; 

direction on publication of State 

Technical Committee and Local 

Working Group meeting notices and 

agendas; State Technical Committee 

meeting summaries; how to provide 

feedback on State Conservationist 

decisions regarding State Technical 

Committee recommendations; and other 

items as determined by the Chief. 

(c) In addition to the standard 

operating procedures established under 

paragraph (b) of this section, the State 

Conservationist will provide public 

notice and allow public attendance at 

State Technical Committee and Local 

Working Group meetings. The State 

Conservationist will publish a meeting 

notice no later than 14 calendar days 

prior to a State Technical Committee 

meeting. Notification may exceed this 

14-day minimum where State open 

meeting laws exist and provide for a 

longer notification period. This 

minimum 14-day notice requirement 

may be waived in the case of 

exceptional conditions, as determined 

by the State Conservationist. The State 

Conservationist will publish this notice 

in at least one or more newspaper(s), 

including recommended Tribal 

publications, to attain statewide 

circulation. 

§ 610.24 Responsibilities of State 

Technical Committees. 

(a) Each State Technical Committee 

established under this subpart will meet 

on a regular basis, as determined by the 

State Conservationist, to provide 

information, analysis, and 

recommendations to appropriate 

officials of USDA who are charged with 

implementing and establishing 

priorities and criteria for natural 

resources conservation activities and 

programs under Title XII of the Food 

Security Act of 1985 including, but not 

limited to, the Conservation Reserve 

Program, Wetlands Reserve Program, 

Conservation Security Program, 

Conservation Stewardship Program, 

Farm and Ranch Lands Protection 

Program, Grassland Reserve Program, 

Environmental Quality Incentives 

Program, Conservation Innovation 

Grants, Cooperative Conservation 

Partnership Initiative, Agricultural 

Water Enhancement Program, 

Conservation of Private Grazing Land, 

Wildlife Habitat Incentive Program, 

Grassroots Source Water Protection 

Program, Great Lakes Basin Program, 

Chesapeake Bay Watershed Initiative, 

and the Voluntary Public Access and 

Habitat Incentive Program. The 

members of the State Technical 

Committee may also provide input on 

other natural resource conservation 

programs and issues as may be 

requested by the State Conservationist 

or other USDA agency heads at the State 

level as long as they are within the 

programs authorized by Title XII. Such 

recommendations may include, but are 

not limited to, recommendations on: 

(1) The criteria to be used in 

prioritizing program applications; 

(2) The State-specific application 

criteria; 

(3) Priority natural resource concerns 

in the State; 

(4) Emerging natural resource 

concerns and program needs; and 

(5) Conservation practice standards 

and specifications. 

(b) The role of the State Technical 

Committee is advisory in nature, and 

the committee will have no 

implementation or enforcement 

authority. The implementing agency 

reserves the authority to accept or reject 

the committee’s recommendations. 

However, the implementing USDA 

agency will give strong consideration to 

the State Technical Committee’s 

recommendations. 

(c) State Technical Committees will 

review whether Local Working Groups 

are addressing State priorities. 

§ 610.25 Subcommittees and Local 

Working Groups. 

(a) Subcommittees. In some 

situations, specialized subcommittees, 

made up of State Technical Committee 

members, may be needed to analyze and 

examine specific issues. The State 

Conservationist may assemble certain 

members, including members of Local 

Working Groups and other 

knowledgeable individuals, to discuss, 

examine, and focus on a particular 

technical or programmatic topic. The 

subcommittee may seek public 

participation, but it is not required to do 

so. Nevertheless, recommendations 

resulting from these subcommittee 

sessions, other than sessions of Local 

Working Groups, will be made only in 

a general session of the State Technical 

Committee where the public is notified 

and invited to attend. Decisions 

resulting from recommendations of 

Local Working Groups will be 

communicated to NRCS in accordance 

with the standard operating procedures 

described in § 610.23(b). 

(b) Local Working Groups. (1) Local 

Working Groups will be composed of 

conservation district officials, 

agricultural producers representing the 

variety of crops and livestock or poultry 

raised within the local area, 

nonindustrial private forest land 

owners, and other professionals 

representing relevant agricultural and 

conservation interests and a variety of 

disciplines in the soil, water, plant, 

wetland, and wildlife sciences who are 

familiar with private land agricultural 

and natural resource issues in the local 

community; 

(2) Local Working Groups will 

provide recommendations on local 


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66914 Federal Register / Vol. 74, No. 241 / Thursday, December 17, 2009 / Rules and Regulations 

natural resource priorities and criteria 

for conservation activities and 

programs; and 

(3) Local Working Groups will follow 

the standard operating procedures 

described in § 610.23(b). 

Signed this 10th day of December 2009 in 

Washington, DC. 

Dave White, 

Chief, Natural Resources Conservation 

Service. 

[FR Doc. E9–30055 Filed 12–16–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2009–N–0665] 

New Animal Drugs for Use in Animal 

Feeds; Ractopamine; Tylosin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplemental new animal 

drug application (NADA) filed by 

Elanco Animal Health. The 

supplemental NADA provides for use of 

two-way combination Type B and C 

medicated swine feeds formulated with 

ractopamine hydrochloride and tylosin 

phosphate following use of tylosin 

tartrate medicated drinking water 

consistent with the sequential use 

approved for single-ingredient tylosin 

medicated swine feed. 

DATES: This rule is effective December 

17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Schell, Center for Veterinary 

Medicine (HFV–128), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8116, 

e-mail: timothy.schell@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Elanco 

Animal Health, a Div. of Eli Lilly & Co., 

Lilly Corporate Center, Indianapolis, IN 

46285, filed a supplement to NADA 

141–172 for use of two-way 

combination Type B and C medicated 

swine feeds formulated with PAYLEAN 

(ractopamine hydrochloride) and 

TYLAN (tylosin phosphate) singleingredient Type A medicated articles. 

The supplement provides use of twoway combination Type B and C 

medicated swine feeds formulated with 

ractopamine hydrochloride and tylosin 

phosphate following use of tylosin 

tartrate medicated drinking water 

consistent with the sequential use 

approved for single-ingredient tylosin 

medicated swine feed (73 FR 76946, 

December 18, 2008). The supplemental 

NADA is approved as of October 23, 

2009, and the regulations in 21 CFR 

558.500 are amended to reflect the 

approval. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA-305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

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

Friday. 

In addition, FDA has noticed that the 

tylosin levels for single-ingredient Type 

C medicated swine feed are not clearly 

described in 21 CFR 558.625. At this 

time, those regulations are being revised 

to clarify this use of levels. This action 

is being taken to improve the accuracy 

of the regulations. 

FDA has determined under 21 CFR 

25.33 that this action is of a type that 

does not individually or cumulatively 

have a significant effect on the human 

environment. Therefore, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under the 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 2. In § 558.500, revise the table in 

paragraphs (e)(1)(ii) and (e)(1)(iii); and 

add paragraph (e)(1)(iv) to read as 

follows: 

§ 558.500 Ractopamine. 

* * * * * 

(e) * * * 

(1) * * * 

Ractopamine in 

grams/ton 

Combination in 

grams/ton Indications for use Limitations Sponsor 

* * * * * * * 

(ii) 4.5 to 9 Tylosin 

40 or 100 

Finishing swine: As in paragraph 

(e)(1)(i) of this section; and for control of swine dysentery associated 

with Brachyspira hyodysenteriae 

and porcine proliferative 

enteropathies (PPE, ileitis) associated with Lawsonia intracellularis. 

Feed 100 grams per tons (g/ton) continuously as sole ration for at least 

3 weeks followed by 40 g/ton until 

market weight. 

000986 

(iii) 4.5 to 9 Tylosin 

100 

Finishing swine: As in paragraph 

(e)(1)(i) of this section; and for control of porcine proliferative 

enteropathies (PPE, ileitis) associated with L. intracellularis. 

Feed continuously as sole ration for 

21 days. 

000986 


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