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

10673 

Vol. 74, No. 47 

Thursday, March 12, 2009 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 636 

RIN 0578–AA49 

Wildlife Habitat Incentive Program 

Correction 

AGENCY: Natural Resources 

Conservation Service, United States 

Department of Agriculture. 

ACTION: Interim final rule; correction 

and extension of comment period. 

SUMMARY: The Natural Resources 

Conservation Service published in the 

Federal Register of January 16, 2009, an 

interim final rule with request for 

comment amending the program 

regulations for the Wildlife Habitat 

Incentive Program (WHIP) to 

incorporate programmatic changes 

authorized by the Food, Conservation, 

and Energy Act of 2008 (2008 Act). The 

language in the interim final rule 

regarding the application of the 

payment limitation to joint operations 

was incorrect and is inconsistent with 

payment attributions specified in the 

regulation which governs payment 

limitations and eligibility 

determinations for CCC-funded 

programs. This document corrects that 

language. NRCS is also using the 

opportunity presented by this 

rulemaking to extend the comment 

period by an additional 30 days and ask 

for public input on key programmatic 

implementation questions. 

DATES: This correction is effective on 

March 12, 2009. The comment period 

for the WHIP Interim Final Rule 

published on January 16, 2009, is 

hereby extended and comments must be 

received on or before April 17, 2009. 

Additionally, NRCS has extended the 

public comment period for the 

Environmental Analysis (EA) and 

Finding of No Significant Impact 

(FONSI) until April 17, 2009. A copy of 

the EA and FONSI may be obtained, and 

comments submitted, as provided for in 

the January 16, 2009, WHIP interim 

final rule. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Johnson, Director, Financial 

Assistance Programs Division, U.S. 

Department of Agriculture, Natural 

Resources Conservation Service, Room 

5237, P.O. Box 2890, Washington, DC 

20013–2890; Phone: (202) 720–1845; 

Fax: (202) 720–4265. 

SUPPLEMENTARY INFORMATION: The NRCS 

published an interim final rule in the 

Federal Register of January 16, 2009 (74 

FR 2786), amending the program 

regulations for WHIP found at 7 CFR 

part 636. The language in the interim 

final rule regarding the application of 

the payment limitation to joint 

operations was incorrect. The WHIP 

interim final rule inadvertently applied 

the $50,000 annual payment limitation 

to joint operations by applying the 

payment limitation with the term 

‘‘participants,’’ which is defined to 

include ‘‘joint operations.’’ A joint 

operation is composed of members who 

may be either persons or legal entities. 

As specified under 7 CFR part 1400, 

payment limitations are determined on 

a pro-rata basis in accordance with the 

‘‘interest held by the person or legal 

entity in any other legal entity or joint 

operation.’’ Based on how joint 

operations are characterized in part 

1400.106, the $50,000 annual payment 

limit applies to each person or legal 

entity that comprises the joint 

operation. Within the 7 CFR 636’s 

preamble, the discussion on payment 

limitation should apply solely to 

persons or legal entities. NRCS removes 

references to payment limitations 

applying to joint operations. 

Request for Public Input 

USDA furthers the Nation’s ability to 

increase renewable energy production 

and conservation, mitigate the effects 

and adapt to climate change, and reduce 

net carbon and greenhouse gas (GHG) 

emissions through various assistance 

programs. 

USDA is increasing renewable energy 

production through facilitating the 

availability, adoption, and use of wind, 

solar, and biofuel energy sources. USDA 

encourages renewable energy 

production by funding biofuel 

technology transfer under Conservation 

Innovation Grants and through 

facilitating wind and solar power 

generation facilities for on-farm use on 

conservation lands under the 

Conservation Reserve Program and the 

Grassland Reserve Program. 

Energy conservation is improved 

through more efficient equipment and 

processes. The Environmental Quality 

Incentives Program (EQIP) fosters 

energy conservation on farms and 

ranches by promoting efficient water 

irrigation systems, no-till, and nutrient 

management and promoting renewable 

energy production by installing solargenerated electric fences. 

The effects of climate change can be 

mitigated through improving the 

adaptability of ecosystems and 

flexibility of agricultural management 

systems, including reductions in GHG 

emissions. WHIP improves ecosystem 

adaptability by enhancing wildlife 

habitat biodiversity and the Agricultural 

Management Assistance program 

promotes flexible management system 

through integrated pest management. 

Climate change adaptation occurs 

through the adoption of alternative 

management systems which respond to 

changes such as decreasing 

precipitation, longer growing seasons, 

and increasing vulnerability to pest 

damage. USDA conservation programs, 

such as the Agricultural Water 

Enhancement Program, encourage the 

adoption of water conservation systems 

and dry land farming. 

Net carbon emissions can be reduced 

by reducing fossil fuel use or increasing 

the land’s carbon storage capacity. 

USDA conservation programs, such as 

EQIP, assist participants with reducing 

fossil fuel use through no-till and other 

conservation tillage cropping systems 

which require fewer trips over a field 

with a tractor. The Wetlands Reserve 

Program and Healthy Forests Reserve 

Program sequester carbon by 

encouraging agricultural land 

reforestation. The Conservation 

Stewardship Program encourages 

conservation tillage activities that 

improve soil carbon storage. 

While much is underway, USDA has 

adopted a proactive strategy to increase 

its ability to meet these critical national 

needs. Therefore, NRCS is using this 

rulemaking opportunity to obtain input 

from the public on how WHIP can 

achieve its program purposes and 


cprice-sewell on PRODPC61 with RULES
10674 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations 

further the Nation’s efforts with 

renewable energy production, energy 

conservation, mitigating the effects of 

climate change, facilitating climate 

change adaptation, or reducing net 

carbon emissions. For further 

information on these subjects you may 

wish to look at the following Web site: 

http://www.koshland-sciencemuseum.org/exhibitgcc/. 

■ For the reasons stated in the preamble, 

the NRCS amends part 636 of Title 7 of 

the Code of Federal Regulations as set 

forth below: 

PART 636—WILDLIFE HABITAT 

INCENTIVE PROGRAM 

■ 1. The authority citation for part 636 

continues to read as follows: 

Authority: 16 U.S.C. 3839bb–1. 

■ 2. Section 636.4 is amended by 

revising paragraph (a)(11) to read as 

follows: 

* * * * * 

§ 636.4 Program requirements. 

* * * * * 

(a) * * * 

(11) With regard to any person or legal 

entity that utilizes a unique 

identification number as an alternative 

to a tax identification number, the 

person or legal entity will utilize only 

that identifier for any and all other 

WHIP cost-share agreements to which 

the person or legal entity is party. 

Violators will be considered to have 

provided fraudulent representation and 

be subject to the full penalties of 

§ 638.13 of this part. 

* * * * * 

■ 3. Section 636.7 is amended by 

revising paragraph (f) to read as follows: 

§ 636.7 Cost-share payments. 

* * * * * 

(f) Payments made or attributed to a 

person or legal entity, directly or 

indirectly, may not exceed in the 

aggregate, $50,000 per year. 

* * * * * 

Signed this 4th day of March 2009, in 

Washington, DC. 

Dave White, 

Acting Vice President, Commodity Credit 

Corporation and Acting Chief, Natural 

Resources Conservation Service. 

[FR Doc. E9–5083 Filed 3–11–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1465 

RIN 0578–AA50 

Agricultural Management Assistance 

Program Correction 

AGENCY: Commodity Credit Corporation, 

United States Department of 

Agriculture. 

ACTION: Interim final rule; correction. 

SUMMARY: The Commodity Credit 

Corporation (CCC) published in the 

Federal Register of November 20, 2008, 

an interim final rule with request for 

comment amending the program 

regulations for the Agricultural 

Management Assistance (AMA) Program 

to incorporate programmatic changes 

authorized by the Food, Conservation, 

and Energy Act of 2008 (2008 Act). The 

language in the interim final rule 

regarding the application of the 

payment limitation to joint operations 

was incorrect and is inconsistent with 

payment attributions specified in the 

regulation which governs payment 

limitations and eligibility 

determinations for CCC-funded 

programs. This document corrects that 

language. 

DATES: This correction is effective on 

March 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Johnson, Director, Financial 

Assistance Programs Division, U.S. 

Department of Agriculture, Natural 

Resources Conservation Service, Room 

5237, P.O. Box 2890, Washington, DC 

20013–2890; Phone: (202) 720–1845; 

Fax: (202) 720–4265. 

SUPPLEMENTARY INFORMATION: The CCC 

published an interim final rule in the 

Federal Register of November 20, 2008 

(73 FR 70245), amending the program 

regulations for the AMA found at 7 CFR 

part 1465. The language in the interim 

final rule regarding the application of 

the payment limitation to joint 

operations was incorrect. The AMA 

interim final rule inadvertently applied 

the $50,000 annual payment limitation 

to joint operations, by applying the 

payment limitation to the term 

‘‘participants,’’ which is defined to 

include ‘‘joint operations.’’ A joint 

operation is composed of members who 

may be either persons or legal entities. 

As specified under 7 CFR part 1400, 

payment limitations are determined on 

a pro-rata basis in accordance with the 

‘‘interest held by the person or legal 

entity in any other legal entity or joint 

operation.’’ Based on how joint 

operations are characterized in part 

1400.106, the $50,000 annual payment 

limit applies to each person or legal 

entity that comprises the joint 

operation. Within the preamble of 7 CFR 

part 1465, the discussion on payment 

limitation should apply solely to 

persons or legal entities. CCC deletes the 

preamble’s references to payment 

limitations applying to joint operations. 

■ For the reasons stated in the preamble, 

the CCC amends part 1465 of Title 7 of 

the Code of Federal Regulations as set 

forth below: 

PART 1465—AGRICULTURAL 

MANAGEMENT ASSISTANCE 

■ 1. The authority citation for part 1465 

continues to read as follows: 

Authority: 7 U.S.C. 1524(b). 

■ 2. Section 1465.23 is amended by 

revising paragraph (d) to read as 

follows: 

§ 1465.23 Payments. 

* * * * * 

(d) The total amount of payments paid 

to a person or legal entity under this 

part may not exceed $50,000 for any 

fiscal year. 

* * * * * 

Signed this 4th day of March, 2009, in 

Washington, DC. 

Dave White, 

Acting Vice President, Commodity Credit 

Corporation and Acting Chief, Natural 

Resources Conservation Service. 

[FR Doc. E9–5093 Filed 3–11–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1466 

RIN 0578–AA45 

Environmental Quality Incentives 

Program Correction 

AGENCY: Commodity Credit Corporation, 

Natural Resources Conservation Service, 

United States Department of 

Agriculture. 

ACTION: Interim final rule; correction; 

extension of comment period. 

SUMMARY: The Commodity Credit 

Corporation (CCC) published in the 

Federal Register of January 15, 2009, an 

interim final rule with request for 

comment amending the program 

regulations for the Environmental 

Quality Incentives Program (EQIP) to 

incorporate programmatic changes 

authorized by the Food, Conservation, 


cprice-sewell on PRODPC61 with RULES