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
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations 10675 

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. CCC is also using the 

opportunity presented by this 

rulemaking to extend the comment 

period and ask for public input on key 

programmatic implementation 

questions. 

DATES: This correction is effective on 

March 12, 2009. Submit comments on or 

before April 17, 2009. The comment 

period for the EQIP Interim Final Rule 

published on January 15, 2009 (74 FR 

2293) is hereby extended and comments 

must be received on or before April 17, 

2009. Additionally, NRCS has reopened 

and 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 15, 2009, 

EQIP 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 CCC 

published an interim final rule in the 

Federal Register of January 15, 2009 (74 

FR 2293), amending the program 

regulations for EQIP found at 7 CFR part 

1466. The language in the interim final 

rule regarding the application of the 

payment limitation to joint operations 

was incorrect. The EQIP interim final 

rule inadvertently applied the $300,000 

payment limitation to 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 $300,000 payment 

limit applies to each person or legal 

entity that comprises the joint 

operation. Within the preamble of 7 CFR 

part 1466, the discussion on payment 

limitation should apply solely to 

persons or legal entities. References in 

that preamble to payment limitations on 

joint operations are hereby deleted. 

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. 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. The Wildlife Habitat 

Incentive Program 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 

practices 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, CCC is using this 

rulemaking opportunity to obtain input 

from the public on how EQIP can 

achieve its program purposes and 

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 CCC amends part 1466 of Title 7 of 

the Code of Federal Regulations as set 

forth below: 

PART 1466—ENVIRONMENTAL 

QUALITY INCENTIVES PROGRAM 

■ 1. The authority citation for part 1466 

continues to read as follows: 

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

U.S.C. 3839aa–3839aa–8. 

■ 2. Amend § 1466.24 by revising 

paragraphs (a), (b), and (c) to read as 

follows: 

§ 1466.24 EQIP Payments. 

(a) Except for contracts entered into 

prior to October 1, 2008, or as provided 

in paragraph (b) of this section, the total 

amount of payments paid to a person or 

legal entity under this Part may not 

exceed an aggregate of $300,000, 

directly or indirectly, for all contracts, 

including prior year contracts, entered 

into during any 6-year period. For the 

purpose of applying this requirement, 

the 6-year period will include those 

payments made in fiscal years 2009– 

2014. Payments received for technical 

assistance shall be excluded from this 

limitation. 

(b) The Chief may waive the $300,000 

payment limitation, allowing up to 

$450,000 per person or legal entity for 

projects of special environmental 

significance, as defined in § 1466.21(d). 

(c) Payments for conservation 

practices related to organic production 

to a person or legal entity, directly or 

indirectly, may not exceed in aggregate 

$20,000 per year or $80,000 during any 

6-year period. 

* * * * * 


cprice-sewell on PRODPC61 with RULES
10676 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations 

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. E9–5087 Filed 3–11–09; 8:45 am] 

BILLING CODE 3410–16–P 

FEDERAL ELECTION COMMISSION 

11 CFR Parts 100, 104 and 110 

[Notice 2009–03] 

Reporting Contributions Bundled by 

Lobbyists, Registrants and the PACs 

of Lobbyists and Registrants 

Correction 

In rule document E9–2838 beginning 

on page 7285 in the issue of Tuesday, 

February 17, 2009 make the following 

correction: 

On page 7288, in the third column, in 

the first paragraph, in the second line, 

‘‘are given, they must d’’ 

should read 

‘‘are given, they must disclose applicable 

contributions of the PAC on their 

semi-annual reports.’’. 

[FR Doc. Z9–2838 Filed 3–11–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0053; Airspace 

Docket No. 09–ASO–11] 

Modification of Class D and E 

Airspace, Removal of Class E 

Airspace; Aguadilla, PR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies Class D 

Airspace, modifies Class E airspace 

designated as an extension to Class D 

surface area and removes Class E 

airspace designated as surface area for 

an airport at Aguadilla, PR. The Rafael 

Hernandez Airport Air Traffic Control 

Tower will now operate on a full-time 

basis, thus the associated controlled 

airspace is being modified and removed 

to reflect the change. This action 

enhances the National Airspace System 

by providing controlled airspace in the 

vicinity of Aguadilla, PR. 

DATES: Effective 0901 UTC, May 7, 2009. 

The Director of the Federal Register 

approves this incorporation by reference 

action under title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA Order 7400.9 

and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before April 27, 2009. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2009–0053; Airspace Docket No. 09– 

ASO–11, at the beginning of your 

comments. You may also submit and 

review received comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; Telephone (404) 

305–5610, Fax 404–305–5572. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the effective date. If the FAA 

receives, within the comment period, an 

adverse or negative comment, or written 

notice of intent to submit such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. The direct final rule 

is used in this case to facilitate the 

timing of the charting schedule and 

enhance the operation at the airport, 

while still allowing and requesting 

public comment on this rulemaking 

action. An electronic copy of this 

document may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. Communications 

should identify both docket numbers 

and be submitted in triplicate to the 

address specified under the caption 

ADDRESSES above or through the 

website. All communications received 

on or before the closing date for 

comments will be considered, and this 

rule may be amended or withdrawn in 

light of the comments received. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. All comments submitted will be 

available, both before and after the 

closing date for comments, in the Rules 

Docket for examination by interested 

persons. Those wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ’’Comments to 

Docket No. FAA–2009–0053; Airspace 

Docket No. 09–ASO–11.’’ The postcard 

will be date stamped and returned to the 

commenter. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

by modifying the Class D and E airspace 

descriptions at Aguadilla, PR to reflect 

the change to full-time operations of the 

Air Traffic Control Tower of the Rafael 


cprice-sewell on PRODPC61 with RULES