22456 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

6304 for 4 years would be given 8 years

to use accumulated annual leave.

Base closings and realignments do not

meet the definition of ‘‘extended

exigencies of the public business.’’

Under 5 CFR 630.308, an extended

exigency must be an exigency of such

significance as to threaten the national

security, safety, or welfare; last more

than 3 calendar years; affect a segment

of an agency or an occupational class;

and preclude subsequent use of both

restored and accrued annual leave

within the period specified in 5 CFR

630.306.

OPM regulations calculate the time

limit for using restored annual leave

based on the amount of leave restored

rather than the time served at a closing

or realigning DOD installation. We

believe this provides a more equitable

approach, since employees who serve

the same amount of time at a closing

installation may leave that installation

with vastly different amounts of annual

leave restored in their accounts due to

different leave accrual rates. Linking the

time limit for using restored leave solely

to the amount of time served at a closing

or realigning base would disadvantage

employees who are in the 8-hour leave

accrual category, as compared to

employees in the 4-hour leave accrual

category. Therefore, OPM has not

revised the rule in this regard.

The individual suggested that, as an

alternative to establishing new time

limits for the use of restored annual

leave, the losing installation by the

restored excess annual leave from the

employee at the time of transfer. Under

5 U.S.C. 5551, lump-sum payments for

accumulated and accrued annual leave

are authorized only upon separation

from the Federal Government or transfer

to another leave system to which annual

leave accrued under chapter 63 of title

5, United States Code, cannot be

transferred. There is no provision in law

or regulation for lump-sum payments

for accumulated and accrued annual

leave upon transfer between positions

that are covered under chapter 63 of

title 5, United States Code.

The labor organization recommended

that an employee who becomes subject

to another closure or realignment during

the time period in which he or she must

use restored annual leave should be

considered as continuing under the

exigency of the public business. OPM

believes this situation is already

addressed in the interim rule. Under 5

CFR 630.306(c), ‘‘time limits for using

restored annual leave shall not apply for

the entire period under which an

employee is subject to 5 U.S.C.

6304(d)(3).’’ When an employee with an

active restored leave account becomes

subject to another closure or

realignment, the time limit for using the

restored leave account will be canceled

for the entire period during which an

employee is subject to 5 U.S.C.

6304(d)(3). After the employee’s

coverage under 5 U.S.C. 6304(d)(3)

ends, a new time limit will be

established for all restored annual leave

available to the employee under 5

U.S.C. 6304(d). The new time limit for

using restored annual leave will begin

on the date the employee is no longer

subject to 5 U.S.C. 6304(d)(3). Therefore,

OPM believes no change is necessary in

the regulations.

When an employee moves during the

leave year to an agency or DOD base not

undergoing closure or realignment,

OPM’s interim regulations state that the

employee must show that a ‘‘reasonable

attempt’’ was made to schedule leave, in

order to have any excess annual leave

for the leave year considered for

restoration. The labor organization

believes its recommended alternative of

shielding excess annual leave under the

extended exigency language in 5 CFR

630.308 alleviates any capricious or

arbitrary determination by an agency

head as to whether the employee made

a reasonable attempt to schedule excess

annual leave.

Accrued annual leave is not subject to

forfeiture until the end of the leave year.

Under 5 U.S.C. 6304(d), excess annual

leave cannot be considered for

restoration until after the end of the

leave year in which it is forfeited.

Although an employee may have been

exempt from the advance scheduling

requirement for that portion of the year

during which he or she was employed

at a DOD closing or realigning

installation, this does not guarantee that

the employee’s excess annual leave will

be restored, since there may have been

sufficient time to schedule and use his

or her annual leave after leaving the

DOD installation and before the end of

the leave year. Under 5 CFR 630.308(b),

the head of the agency may exempt

employees from the advance scheduling

requirement if the employee can show

that he or she was covered by 5 U.S.C.

6304(d)(3) during the leave year and

that he or she was unable to comply

with the scheduling requirement

because of circumstances beyond his or

her control.

OPM believes no changes are

necessary in the interim regulations.

Therefore, OPM is adopting as final the

interim rule to provide employees with

additional time in which to use restored

annual leave that was forfeited as a

result of employment at a DOD

installation undergoing closure or

realignment.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they will affect only Federal

agencies and employees.

List of Subjects in 5 CFR Part 630

Government employees.

Office of Personnel Management.

James B. King,

Director.

Accordingly, under the authority of 5

U.S.C. 6304(d)(2), the interim rule

amending subpart C of 5 CFR part 630,

published at 59 FR 62971 on December

7, 1994, is adopted as a final rule

without change.

[FR Doc. 95–11179 Filed 5–5–95; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Consolidated Farm Service Agency

Commodity Credit Corporation

7 CFR Parts 704 and 1410

RIN 0560–AD95

1986–1990 Conservation Reserve

Program; 1991–1995 Conservation

Reserve Program

AGENCY: Consolidated Farm Service

Agency, Commodity Credit Corporation

USDA.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

regulations at 7 CFR Part 704 and 7 CFR

Part 1410 to allow holders of

Conservation Reserve Program (CRP)

contracts the opportunity to request and

receive early release from contracts or to

reduce the amount of acreage subject to

the contracts. The purpose of the early

release of acreage by current contract

holders is to allow enrollment of new

acreage in CRP which will meet higher

environmental and conservation

criteria. This action is required to

implement provisions announced by the

Secretary of Agriculture on December

14, 1994.

DATES: Effective Date: Interim rule

effective May 8, 1995. Comments:

Comments must be received on or

before June 7, 1995 in order to be

assured of consideration.

ADDRESSES: Comments should be

mailed to George T. Denley,

Consolidated Farm Service Agency, P.O.

Box 2415, Room 4714–S, Washington,

DC 20013–2415; telephone 202–720–
Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22457

6304. Comments received may be

inspected between 9 a.m. and 4 p.m.,

Monday through Friday, except

holidays, in room 4768, South

Agriculture Building, United States

Department of Agriculture, 14th Street

and Independence Avenue, SW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

George T. Denley, Conservation and

Environmental Protection Division,

CFSA, P.O. Box 2415, Room 4768–S,

Washington, DC 20013–2415.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This interim rule has been determined

to be significant and was reviewed by

OMB under Executive Order 12866.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this interim rule because

neither CFSA nor the Commodity Credit

Corporation (CCC) is 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 Evaluation

It has been determined by an

environmental evaluation that this

action will not adversely affect the

environmental, historical, social, or

economic resources of the Nation.

Therefore, it has been determined that

these actions will not require an

Environmental Assessment or an

Environmental Impact Statement.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which require intergovernmental

consultation with State and local

officials. See notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115 (June 24, 1983).

Federal Domestic Assistance Program

The title and number of the Federal

Domestic Assistance Program, as found

in the Catalog of Federal Domestic

Assistance, to which this rule applies,

are the Conservation Reserve Program—

10.069.

Paperwork Reduction Act

This interim rule amends the existing

information collection as approved by

the Office of Management and Budget

(OMB) pursuant to the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.) under OMB control number

0560–0125 and has been submitted to

OMB for clearance.

Executive Order 12778

This interim rule has been reviewed

in accordance with Executive Order

12778. The provisions of this rule are

not retroactive and preempt State and

local laws to the extent such laws are

inconsistent with the provisions of this

rule. Before any action may be brought

in a Federal court of competent

jurisdiction, the administrative appeal

rights afforded program participants at 7

CFR part 780 must be exhausted.

Request for Comments

Comments are requested with respect

to this interim rule and such comments

shall be considered in developing the

final rule.

Background

The current regulations in 7 CFR Part

704 and 7 CFR Part 1410 implemented

the CRP, which was authorized by Title

XII of the Food Security Act of 1985, as

amended.

The intent of CRP is to permit the

CCC to enter into contracts with owners

and operators of highly erodible and

certain other cropland to assist such

owners and operators in conserving and

improving the Nation’s soil and water

resources and wildlife habitat. By

entering into a contract, the owner or

operator agrees to implement a

conservation plan approved by the local

Conservation District for converting

highly erodible cropland normally

devoted to the production of an

agricultural commodity to a conserving

use and to a reduction in certain crop

acreage bases, allotments, or quotas.

CCC provides (1) technical assistance by

way of a conservation plan, (2) financial

assistance for the costs of establishing

the conservation practices required by

the conservation plan, and (3) annual

land rental payments to compensate the

owner or operator for taking the

cropland out of production.

Program Changes

On December 14, 1994, the Secretary

of Agriculture announced that during

calendar year 1995 the Department will

take several actions regarding the CRP,

including targeting the CRP to more

environmentally sensitive acres. These

actions will be implemented in two

separate rules. This interim rule

provides for considering requests from

CRP participants to be released from

CRP contracts or to modify current

contracts to reduce the amount of

acreage subject to the contracts. A

subsequent proposed rule will address

enrollment of acreage under new

contracts which meets higher

environmental and conservation criteria

to ‘‘replace’’ the acreage that was

released and to bring the amount of

acres in the CRP to the statutory

maximum of 38 million acres.

This interim rule provides CRP

participants the option for early

termination with an effective date not to

exceed September 30, 1995, of certain

acreage under CRP contract in whole or

in part without penalty or obligation to

refund previous payments issued under

the contract, provided the acreage

released, if farmed, is farmed under a

basic conservation system as

determined by the Natural Resources

Conservation Service (NRCS) until the

date the contract would have expired or,

if hayed or grazed, is hayed or grazed in

accordance with an approved haying or

grazing plan as determined by NRCS.

Crop acreage bases, allotments, and

quotas will be reinstated effective for

the 1996 crop year.

Prior to this rule, participants

requesting to release CRP acreage before

contract termination were required to

refund with interest annual rental and,

in many cases, cost-share payments

previously paid under the contract and

to pay liquidated damages unless CCC

determined that the release was in the

public interest. If farmed, released acres

were only required to be farmed

according to an Alternative

Conservation System to be eligible for

certain USDA benefits. Further, the

purpose of this early release option is to

replace those acres released under this

authority with acreage under new

contracts. Acreage released either before

or after this limited early release period

cannot be replaced with other acreage.

Producers who voluntarily terminated

their contracts did so with the

understanding that payments would

have to be refunded and damages would

have to be paid. This requirement was

a term of all CRP contracts and

participants were aware of this

requirement before the contracts were

entered into. To retroactively relieve

these participants from this obligation

would treat unfairly those participants

who did not terminate their contracts

because of the refund and penalty

requirement. Accordingly, the early

contract termination authority under

this rule is not retroactive.

CRP contract acreage which is not

eligible for early contract termination

under this rule includes acreage within

an average of 100 feet of a stream or

other waterbody, acreage on which a

CRP easement is filed, and acreage on

which there exist the following

practices installed or developed as a

result of participation in the CRP: grass

waterways, filter strips, shallow water

areas for wildlife, bottomland timber

established on wetlands, field
22458 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

windbreaks, and shelterbelts. Exclusion

of these areas will contribute to

continued prevention of soil erosion

and protection of water quality and

certain wildlife habitat. Acreage

enrolled in the CRP, however, may be

devoted to one or more of many

different conservation or wildlife

practices which are designed to provide

the highest benefits for the specific land

in question. The broader expanse of

environmental issues reflected in the

CRP, ranging from reducing soil erosion

to fostering diverse wildlife habitats to

improving water quality, will be

addressed in the subsequent proposed

rule.

The acreage released under this

voluntary opportunity to current

contract holders will be replaced with

acreage targeted to obtain enhanced

environmental benefits such as wildlife

habitat, water quality, or soil erosion.

CRP participants are not obligated to

request early release from their

contracts. All signatories to the CRP

contract must agree to release of the

acreage before it can be released from

CRP.

Because CRP participants are making

planting plans and wish to carry out

these plans as early as possible, it is

necessary that this regulation be

effective upon publication. The purpose

of the early release is to allow

enrollment of replacement acreage in

the CRP which will meet higher

environmental and conservation

criteria. In order to optimize the acreage

released, this action must be effective

immediately to provide CRP

participants the opportunity to finalize

their farming plans. Accordingly, good

cause is shown for making this rule

effective upon publication in the

Federal Register.

List of Subjects

7 CFR Part 704

Administrative practices and

procedures, Conservation System,

Contracts, Technical assistance, Natural

resources, Environmental indicators,

and Base protection.

7 CFR Part 1410

Administrative practices and

procedures, Conservation System,

Contracts, Technical assistance, Natural

resources, Environmental indicators,

and Base protection.

Accordingly, 7 CFR Parts 704 and

1410 are amended as follows:

PART 704—1986–1990

CONSERVATION RESERVE PROGRAM

1. The authority citation for 7 CFR

Part 704 continues to read as follows:

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

U.S.C 3801–3847.

2. Section 704.20 is amended by

adding paragraph (a)(4) to read as

follows:

§ 704.20 Contract modifications.

(a) * * *

(4) Terminate certain contracts prior

to the expiration date with an effective

date no later than September 30, 1995,

provided the acreage released, if farmed,

is farmed under a basic conservation

system as determined by the Natural

Resources Conservation Service (NRCS)

until the date the contracts would have

expired or, if hayed or grazed, is hayed

or grazed in accordance with an

approved haying or grazing plan as

determined by the NRCS. Annual

payments will be prorated to the

effective date of termination and will be

made as otherwise provided in this part.

Contract acreage located within an

average of 100 feet of a stream or other

waterbody, on which a CRP easement is

filed, and contract acreage on which

there exist the following practices

installed or developed as a result of

participation in the CRP are not eligible

for termination prior to the expiration

date of the contract as provided in this

paragraph (a)(4): grass waterways, filter

strips, shallow water areas for wildlife,

bottomland timber established on

wetlands, field windbreaks, and

shelterbelts.

* * * * *

PART 1410—CONSERVATION

RESERVE PROGRAM

1. The authority citation for 7 CFR

Part 1410 continues to read as follows:

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

U.S.C. 3831–3847.

2. Section 1410.116 is amended by

adding paragraph (a)(5) to read a

follows:

§ 1410.116 Contract modifications.

(a) * * *

(5) Terminate certain contracts prior

to the expiration date with an effective

date no later than September 30, 1995,

provided the acreage released, if farmed,

is farmed under a basic conservation

system as determined by the Natural

Resources Conservation Service (NRCS)

until the date the contracts would have

expired or, if hayed or grazed, is hayed

or grazed in accordance with an

approved haying or grazing plan as

determined by the NRCS. Payments will

be prorated to the effective date of

termination and will be made as

otherwise provided in this part.

Contract acreage located within an

average of 100 feet of a stream or other

waterbody, acreage on which a CRP

easement is filed, and contract acreage

on which there exist the following

practices installed or developed as a

result of participation in the CRP are not

eligible for termination prior to the

expiration date of the contract as

provided in this paragraph (a)(5): grass

waterways, filter strips, shallow water

areas for wildlife, bottomland timber

established on wetlands, field

windbreaks, and shelterbelts.

* * * * *

Signed at Washington, DC, on May 3, 1995.

Grant Buntrock,

Acting Administrator, Consolidated Farm

Service Agency and Acting Executive Vice

President Commodity Credit Corporation.

[FR Doc. 95–11260 Filed 5–5–95; 8:45 am]

BILLING CODE 3410–05–P

7 CFR Parts 723 and 1464

RIN 0560–AD62

1995 Marketing Quota and Price

Support for Flue-Cured Tobacco

AGENCIES: Consolidated Farm Service

Agency and Commodity Credit

Corporation, USDA.

ACTION: Final rule.

SUMMARY: The purpose of this final rule

is to codify determinations made by the

Secretary of Agriculture (Secretary) with

respect to the 1995 crop of flue-cured

tobacco. In accordance with the

Agricultural Adjustment Act of 1938, as

amended, (1938 Act), the Secretary

determined the 1995 marketing quota

for flue-cured tobacco to be 934.6

million pounds. In accordance with the

Agricultural Act of 1949, as amended,

(1949 Act), the Secretary determined the

1995 price support level to be 159.7

cents per pound.

EFFECTIVE DATE: December 15, 1994.

FOR FURTHER INFORMATION CONTACT:

Robert Miller, CFSA, USDA, room 3739,

South Building, P.O. Box 2415,

Washington, DC 20013–2415, on 202

720–8839.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be significant for purposes of Executive

Order 12866 and, therefore, has been

reviewed by OMB under Executive

Order 12866.

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

to which this rule applies, are