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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

19007 

Vol. 80, No. 68 

Thursday, April 9, 2015 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Parts 610, 622, 624, 625, 652, 

and 662 

Commodity Credit Corporation 

7 CFR Parts 1455 and 1465 

[Docket No. NRCS–2014–0006] 

RIN 0578–AA60 

Changes to Existing Conservation 

Program Regulations 

AGENCY: Natural Resources 

Conservation Service (NRCS) and the 

Commodity Credit Corporation (CCC), 

United States Department of Agriculture 

(USDA). 

ACTION: Final rule. 

SUMMARY: The Agricultural Act of 2014 

(the 2014 Act) made several 

nondiscretionary changes to NRCS 

conservation programs. These 

conservation programs have existing 

regulations that required adjustments. 

These adjustments include addressing 

the required review of operating 

procedures of the State Technical 

Committee, adding reference of the 

Regional Conservation Partnership 

Program (RCPP) to the Watershed 

Protection and Flood Prevention Act 

program regulations, adding reference of 

RCPP to the Healthy Forests Reserve 

Program (HFRP), expanding the 

definition of ‘‘acreage owned by Indian 

Tribes’’ under HFRP, revising and 

simplifying the Regional Equity 

provision, and adjusting the 

Agricultural Management Assistance 

(AMA) Program to correspond with 

changes to payment provisions under 

the Environmental Quality Incentives 

Program (EQIP). Additionally, the 

Secretary of Agriculture delegated to 

NRCS administrative responsibility for 

implementing the Voluntary Public 

Access and Habitat Incentive Program 

(VPA–HIP), and internal NRCS 

administrative changes warrant 

updating the appropriate delegated 

official in the Technical Service 

Provider (TSP) provision. NRCS 

published an interim rule with a request 

for comments on August 1, 2014, to 

implement changes to these NRCS 

conservation program regulations that 

were either necessitated by enactment of 

the 2014 Act, or required to implement 

administrative streamlining 

improvements and clarifications. NRCS 

received six comments on the interim 

rule. In this document, NRCS issues a 

final rule to make permanent these 

changes and to incorporate two minor 

mandatory changes in two of the 

affected parts. 

DATES: This rule is effective April 9, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Leslie Deavers, NRCS Farm Bill 

Coordinator, USDA, NRCS, Post Office 

Box 2890, Washington, DC 20013–2890; 

telephone: (202) 720–4531; fax: (202) 

720–2998; email: leslie.deavers@

wdc.usda.gov, Attn: Farm Bill Program 

Inquiry. 

Persons with disabilities who require 

alternate means for communication 

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

should contact the USDA Technology 

and Accessible Resources Give 

Employment Today (TARGET) Center 

at: (202) 720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Orders 12866 and 13563: 

The Office of Management and Budget 

(OMB) designated this rule as not 

significant under Executive Order 

12866; therefore, OMB will not review 

this final rule. 

Regulatory Flexibility Act: It has been 

determined that the Regulatory 

Flexibility Act is not applicable to this 

interim rule because NRCS is not 

required by 5 U.S.C. 553, or any other 

provision of law, to publish a notice of 

proposed rulemaking with respect to the 

subject matter of this rule. 

Environmental Analysis: The 2014 

Act made changes in statutory authority 

and administrative delegations that 

required conforming amendments to 

existing program regulations. This final 

rule confirms the changes made to these 

regulations by the interim rule. Such 

changes were mandatory; therefore, did 

not require analysis under the National 

Environmental Policy Act. In addition, 

a number of minor administrative 

improvements were made to the 

regulations as a result of continuing 

evaluations of NRCS program 

implementation efforts. Such 

administrative changes fell within a 

categorical exclusion for policy 

development, planning, and 

implementation that relate to routine 

administrative activities (7 CFR 

1b.3(a)(1)). 

Civil Rights Impact Analysis: NRCS 

has determined through a Civil Rights 

Impact Analysis that this final rule 

discloses no disproportionately adverse 

impacts for minorities, women, or 

persons with disabilities. This final rule 

presents no issues that our analysis 

identified as posing a risk of adverse 

impacts. Outreach and communication 

strategies are in place to ensure all 

producers will be provided the same 

information to allow them to make 

informed compliance decisions 

regarding the use of their lands that will 

affect their participation in USDA 

programs. NRCS conservation programs 

apply to all persons equally, regardless 

of their race, color, national origin, 

gender, sex, or disability status; 

therefore, the conservation program 

rules portend no adverse civil rights 

implications for women, minorities, and 

persons with disabilities. 

Paperwork Reduction Act: Section 

1246 of the Food Security Act of 1985 

(the 1985 Act), Public Law 99–198, 

states that implementation of programs 

authorized by Title XII of the 1985 Act 

be made without regard to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). NRCS is not 

reporting recordkeeping or estimated 

paperwork burden associated with this 

final rule for programs administered 

under Title XII of the 1985 Act. The 

non-Title XII programs, HFRP and the 

Emergency Watersheds Protection 

Program (EWPP), utilize forms that have 

previously been approved for use, and 

OMB assigned the control number 

0578–0013. The changes made by this 

final rule do not affect the burden 

previously reported under 0578–0013. 

Government Paperwork Elimination 

Act: NRCS is committed to compliance 

with the Government Paperwork 

Elimination Act and the Freedom to EVerDate Sep<11>2014 15:10 Apr 08, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1

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19008 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations 

File Act, which require Government 

agencies, in general, to provide the 

public the option of submitting 

information or transacting business 

electronically to the maximum extent 

possible. To better accommodate public 

access, NRCS developed an online 

application and information system for 

public use. 

Executive Order 13175: This final rule 

has been reviewed in accordance with 

the requirements of Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments. 

Executive Order 13175 requires Federal 

agencies to consult and coordinate with 

Tribes on a government-to-government 

basis on policies that have Tribal 

implications, including regulations, 

legislative comments or proposed 

legislation, and other policy statements 

or actions that have been 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. NRCS 

has assessed the impact of this final rule 

on Indian Tribes and determined that 

this rule does not have Tribal 

implications that require Tribal 

consultation under Executive Order 

13175. The rule neither imposes 

substantial direct compliance costs on 

Tribal governments nor preempts Tribal 

law. The 2014 Act change addressed by 

this final rule that impact participation 

by Indian Tribes was limited to 

expanding land eligibility under HFRP 

to include trust lands. The agency has 

developed an outreach/collaboration 

plan that it has been implementing as it 

develops its Farm Bill policy. If a Tribe 

requests consultation, NRCS will work 

with the Office of Tribal Relations to 

ensure meaningful consultation is 

provided where changes, additions, and 

modifications identified herein are not 

expressly mandated by Congress. 

Unfunded Mandates Reform Act of 

1995: Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995, Public 

Law 104–4, requires Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments or the private sector of 

$100 million or more in any one year. 

When such a statement is needed for a 

rule, section 205 of the UMRA requires 

NRCS to prepare a written statement, 

including a cost benefit assessment, for 

proposed and final rules with ‘‘Federal 

mandates’’ that may result in such 

expenditures for State, local, or Tribal 

governments, in the aggregate, or to the 

private sector. UMRA generally requires 

agencies to consider alternatives and 

adopt the more cost effective or least 

burdensome alternative that achieves 

the objectives of the rule. 

This rule contains no Federal 

mandates, as defined under Title II of 

the UMRA, for State, local, and Tribal 

governments or the private sector. Thus, 

this rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

Executive Order 13132: NRCS 

considered this final rule in accordance 

with Executive Order 13132, issued 

August 4, 1999. NRCS determined that 

the final rule conforms with the 

federalism principles set out in this 

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 among the 

various levels of government. NRCS 

concludes that this final rule does not 

have federalism implications. 

Federal Crop Insurance Reform and 

USDA Reorganization Act of 1994: 

Pursuant to section 304 of the Federal 

Crop Insurance Reform Act of 1994, 

(Pub. L. 103–354), USDA has estimated 

that this regulation will not have an 

annual impact on the economy of $100 

million in 1994 dollars; therefore, is not 

a major regulation. A risk analysis was 

not conducted. 

Executive Order 13211: This rule is 

not a significant regulatory action 

subject to Executive Order 13211, 

Energy Effects. 

Small Business Regulatory 

Enforcement Fairness Act (SBREFA): 

This rule is not a major rule under the 

Small Business Regulatory Enforcement 

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

SBREFA). Neither NRCS nor CCC is 

required to delay the effective date for 

60 days from the date of publication to 

allow for congressional review. 

Accordingly, this rule is effective April 

9, 2015. 

Background: On August 1, 2014, 

NRCS published an interim final rule 

with request for comments in the 

Federal Register (79 FR 44635) that 

amended a number of agency 

regulations to implement mandatory 

changes made by the 2014 Act. The 

interim rule made the following changes 

to existing conservation program rules: 

• NRCS amended 7 CFR 610.24 to 

update the list of Title XII programs to 

which the State Technical Committee 

Rule applies. 

• NRCS amended HFRP regulation at 

7 CFR 625.2 to adjust the regulatory 

definition of ‘‘acreage owned by Indian 

Tribes’’ to conform with the new 

statutory definition of the term in 

Section 502(e)(3) of the Healthy Forests 

Restoration Act, as amended by section 

8203 of the 2014 Act. 

• NRCS amended HFRP and the 

Watershed Operations regulation at 7 

CFR part 622 to incorporate their status 

as programs used in the implementation 

of RCPP. 

• NRCS updated subpart C of the TSP 

rule at 7 CFR part 652 to designate the 

Deputy Chief for Programs as the 

decertification official for TSPs. 

• NRCS removed the regional equity 

rule, formerly at 7 CFR part 662, from 

the Code of Federal Regulations. 

• NRCS amended the rule for VPA– 

HIP at 7 CFR part 1455 to reflect the 

transfer of the program’s administration 

from the Administrator of the Farm 

Service Agency (FSA) to the Chief of 

NRCS. 

• NRCS amended the rule governing 

the AMA Program (7 CFR part 1465) to 

maintain consistency with the EQIP 

program. 

NRCS solicited comments on the 

interim final rule for 60 days ending 

September 30, 2014. Six comments were 

received on the rule. Overall, the 

commenters supported the changes 

made by the interim rule. This final rule 

makes only technical and clarifying 

changes to language adopted in the 

interim rule, and adds one additional 

mandatory change to reflect a change 

made by the 2014 Act to EWPP 

implementation of floodplain 

easements. 

Summary of Comments: NRCS 

received two negative comments, two 

generally positive comments, and one 

comment related to the implementation 

of EQIP which did not pertain to any 

amendments made by this rule. A sixth 

comment received was unrelated to this 

or any other NRCS conservation 

program. The negative comments 

expressed opposition to the funding of 

VPA–HIP and HFRP. Two commenters 

were generally supportive of the interim 

rule, with one of the comments 

recommending that NRCS strengthen 

the importance of the State Technical 

Committees. NRCS has done so in the 

development of its regulations to 

implement the changes made by the 

2014 Act. The EQIP comment related to 

non-lethal deterrents and strategies to 

reduce predator-livestock conflict and 

this comment will be considered with 

the comments submitted to the EQIP 

interim rule published December 12, 

2014. 

Additional Clarification Added to 

VPA–HIP (7 CFR part 1455): VPA–HIP 

is authorized by section 1240R of the 

1985 Act. VPA–HIP provides, within 

funding limits, grants to State and Tribal 

governments to encourage owners and 

operators of privately held farm, ranch, 


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Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations 19009 

and forest land to voluntarily make that 

land available for access by the public 

for wildlife-dependent recreation, 

including hunting and fishing under 

programs administered by State and 

Tribal governments. VPA–HIP is not an 

entitlement program and no grant will 

be made unless the application is 

acceptable to CCC. The program was 

originally delegated to the 

Administrator of FSA to administer on 

behalf of CCC. The program is now 

delegated to the Chief of NRCS, and 

NRCS incorporated the necessary 

administrative changes in the interim 

rule. NRCS announced its Availability 

of Program Funding on May 1, 2014, to 

implement VPA–HIP in fiscal year 2014. 

During its first round of grant proposals, 

NRCS received requests for funding 

from Indian Tribes which required 

confirmation regarding whether Tribal 

lands would be considered private lands 

for the purposes of VPA–HIP. This final 

rule clarifies that governmental and 

Tribal lands are considered private 

lands for the purposes of VPA–HIP 

when such lands are part of a private 

operation of a private individual or legal 

entity. 

Discussion of EWPP (7 CFR part 624): 

NRCS purchases floodplain easements 

to restore, protect, maintain, and 

enhance the functions of the floodplain; 

conserve natural values including fish 

and wildlife habitat, water quality, flood 

water retention, ground water recharge, 

and open space; reduce long-term 

Federal disaster assistance; and 

safeguard lives and property from 

floods, drought, and the products of 

erosion. Section 382 of the Federal 

Agriculture Improvement and Reform 

Act of 1996 amended EWPP, 16 U.S.C. 

2203, to authorize the purchase of 

floodplain easements (FPE) as an 

emergency measure on lands that 

qualify for EWPP assistance. EWPP 

FPEs are administered under 7 CFR part 

624. 

Prior to the 2014 Act, the EWPP–FPE 

statute did not address modification or 

termination of FPEs; therefore the 

regulations at 7 CFR part 624 specified 

that FPEs could not be modified or 

terminated. Section 2206 of the 2014 

Act provided such authority, and NRCS 

is removing this prohibition from EWPP 

regulations. 

List of Subjects 

7 CFR Part 610 

Soil conservation, State Technical 

Committees, Technical assistance, and 

Water resources. 

7 CFR Part 622 

Watershed projects, Watershed 

protection, and Flood prevention. 

7 CFR Part 624 

Disaster assistance, Floodplain 

easement, Flooding, Imminent threat, 

Natural disaster, and Watershed 

impairment. 

7 CFR Part 625 

Administrative practice and 

procedure, Agriculture, and Soil 

conservation. 

7 CFR Part 652 

NRCS, Soil conservation, and 

Technical assistance. 

7 CFR Part 662 

Administrative practice and 

procedure, Agriculture, and Soil 

conservation. 

7 CFR Part 1455 

Agriculture, Animals, Environmental 

protection, Fishing, Forests and forest 

products, Grant programs, Hunting, 

Indians, Indians-land, Natural 

resources, Recreation and recreation 

areas, Rural areas, State and local 

governments, and Wildlife. 

7 CFR Part 1465 

Conservation contract, Conservation 

plan, Conservation practices, and Soil 

and water conservation. 

Accordingly, the interim rule 

amending 7 CFR parts 610, 622, 625, 

652, 662, 1455, and 1465 which was 

published at 79 FR 44635 on August 1, 

2014, is adopted as a final rule with the 

following changes: 

PART 624—EMERGENCY 

WATERSHED PROTECTION 

■ 1. The authority citation for part 624 

continues to read as follows: 

Authority: Sec. 216, Pub. L. 81–516, 33 

U.S.C. 701b–1; Sec. 403, Pub. L. 95–334, as 

amended, 16 U.S.C. 2203; 5 U.S.C. 301. 

■ 2. Amend § 624.10 by revising 

paragraph (c) to read as follows: 

§ 624.10 Floodplain easements. 

* * * * * 

(c) The Chief of NRCS may modify or 

terminate an easement if, pursuant to 16 

U.S.C. 2203(b), the Chief determines the 

modification or termination is in the 

public interest and will address a 

compelling public need for which there 

is no practicable alternative. 

* * * * * 

PART 1455—VOLUNTARY PUBLIC 

ACCESS AND HABITAT INCENTIVE 

PROGRAM 

■ 3. The authority citation for part 1455 

continues to read as follows: 

Authority: 15 U.S.C. 714b and 714c; 16 

U.S.C. 3839. 

■ 4. Section 1455.2 is amended in 

paragraph (b) by adding a definition for 

‘‘legal entity’’ and revising the 

definition of ‘‘privately-held land’’ to 

read as follows: 

§ 1455.2 Definitions. 

* * * * * 

Legal entity means any entity created 

under Federal or State law, excluding: 

(a) a local, State or Federal government 

or political subdivision or agency of 

such government; and (b) a Tribal 

government. 

Privately-held land means farm, 

ranch, or forest land that is owned or 

operated by a person or legal entity. 

* * * * * 

Signed this 1st day of April, 2015 in 

Washington, DC. 

Jason A. Weller, 

Vice President, Commodity Credit 

Corporation, Chief, Natural Resources 

Conservation Service. 

[FR Doc. 2015–08008 Filed 4–8–15; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0123; Directorate 

Identifier 2013–NM–040–AD; Amendment 

39–18134; AD 2015–07–06] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A300 B4–601, B4–603, 

B4–620, B4–622, B4–605R, B4–622R, 

F4–605R, F4–622R, and C4–605R 

Variant F airplanes; and Model A310– 

203, –204, –221, –222, –304, –322, –324, 

and –325 airplanes. This AD was 

prompted by a report of inner skin 

disbonding damage on a rudder. This 

AD requires repetitive ultrasonic 

inspections for disbonding of certain 

rudders; an elasticity of laminate 


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