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

25615 

Vol. 74, No. 102 

Friday, May 29, 2009 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1466 

RIN 0578–AA45 

Environmental Quality Incentives 

Program; Amendment 

AGENCY: Natural Resources 

Conservation Service and Commodity 

Credit Corporation, United States 

Department of Agriculture. 

ACTION: Interim final rule; amendment; 

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, 

and Energy Act of 2008 (2008 Act). On 

March 12, 2009, CCC corrected language 

in the interim final rule regarding the 

erroneous application of the payment 

limitation provisions to joint operations, 

and extended the comment period to 

April 17, 2009. This document amends 

the interim final rule by expanding the 

ability of CCC to include an expansion 

of the exception regarding conservation 

practices on public land. CCC is also 

using the opportunity presented by this 

rulemaking to extend the comment 

period. However, the extended 

comment period is limited to the 

provisions in this amendment. 

DATES: This amendment is effective on 

May 29, 2009. Submit comments on or 

before June 29, 2009. 

ADDRESSES: You may send comments 

(identified by Docket Number NRCS– 

IFR–08005), which will be available to 

the public in their entirety, using any of 

the following methods: 

• Government-wide rulemaking Web 

site: Go to http://regulations.gov and 

follow the instructions for sending 

comments electronically. 

• Mail: Financial Assistance 

Programs Division, U.S. Department of 

Agriculture, Natural Resources 

Conservation Service, 1400 

Independence Avenue, SW., Room 5237 

South Building, Washington, DC 20250– 

2890. 

• Fax: (202) 720–4265. 

• Hand Delivery: USDA South Office 

Building, 1400 Independence Avenue, 

SW., Room 5237, Washington, DC 

20250, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays. 

• This interim final rule may be 

accessed via Internet. Users can access 

the NRCS homepage at http:// 

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

Bill link from the menu; and select the 

Interim final link from beneath the Final 

and Interim Final Rules Index title. 

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). 

To view public comments, please ask 

the guard at the entrance to the South 

Office Building to call (202) 720–4527 

in order to be escorted into the building. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Johnson, Director, Financial 

Assistance Programs Division, U.S. 

Department of Agriculture, Natural 

Resources Conservation Service, Room 

5237 South Building, P.O. Box 2890, 

Washington, DC 20013–2890; Phone: 

(202) 720–1845; Fax: (202) 720–4265. 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Order 12866 

Pursuant to Executive Order 12866 

(FR Doc. 93–24523, September 30, 

1993), the interim final rule published 

on January 15, 2009, is an economically 

significant regulatory action, and NRCS 

conducted an economic analysis of the 

potential impacts associated with this 

program. The administrative record is 

available for public inspection in Room 

5831 South Building, USDA, 1400 and 

Independence Avenue, SW., 

Washington, DC NRCS reviewed the 

economic analysis prepared for the 

January 15, 2009, interim final rule and 

determined that the provisions of this 

interim final rule do not alter the 

assessment and the findings that were 

originally prepared. A copy of the 

analysis is available upon request from 

the Director, Financial Assistance 

Programs Division, Natural Resources 

Conservation Service, Room 5237 South 

Building, Washington, DC 20250–2890 

or electronically at: http:// 

www.nrcs.usda.gov/programs/eqip/ 

under the EQIP Rules and Notices with 

Supporting Documents title. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA) 

Section 2904(c) of the 2008 Act 

requires that the Secretary use the 

authority in section 808(2) of title 5, 

United States Code, which allows an 

agency to forego SBREFA’s usual 60-day 

congressional review delay of the 

effective date of a major regulation if the 

agency finds that there is a good cause 

to do so. NRCS hereby determines that 

it has good cause to do so in order to 

meet the congressional intent to have 

the conservation programs, authorized 

or amended by Title II, in effect as soon 

as possible. Accordingly, this rule is 

effective upon filing for public 

inspection by the Office of the Federal 

Register. 

Executive Order 13175 

This interim 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 interim 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. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act is not 

applicable to this interim final rule 

because neither the CCC nor the Natural 

Resources Conservation Service (NRCS) 

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

other provision of law, to publish a 

notice of proposed rulemaking with 

respect to the subject matter of this rule. 

Environmental Analysis 

Availability of the Environmental 

Assessment (EA) and Finding of No 

Significant Impact (FONSI). A 


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programmatic environmental 

assessment has been prepared in 

association with the January 15, 2009, 

interim final rule. The provisions of this 

interim final rule do not alter the 

assessment and the findings that were 

originally prepared. The analysis had 

determined that there would not be a 

significant impact to the human 

environment and as a result an 

Environmental Impact Statement was 

not required to be prepared (40 CFR 

1508.13). The EA and FONSI are 

available for review and comment for an 

additional 30 days from the date of 

publication of this amendment to the 

interim final rule in the Federal 

Register. A copy of the EA and FONSI 

may be obtained from the following 

Web site: http://www.nrcs.usda.gov/ 

programs/Env_Assess/. A hard copy 

may also be requested from the 

following contact and address: National 

Environmental Coordinator, Natural 

Resources Conservation Service, 

Ecological Sciences Division, 1400 

Independence Ave., SW., Washington, 

DC 20250. Comments from the public 

should be specific and reference that 

comments provided are on the EA and 

FONSI. Public comment may be 

submitted by any of the following 

means: (1) E-mail comments to 

NEPA2008@wdc.usda.gov, (2) e-mail to 

egov Web site—http:// 

www.regulations.gov, or (3) written 

comments to: National Environmental 

Coordinator, Natural Resources 

Conservation Service, Ecological 

Sciences Division, 1400 Independence 

Ave., SW., Washington, DC 20250. 

Civil Rights Impact Analysis 

NRCS determined through a Civil 

Rights Impact Analysis that the January 

15, 2009, interim final rule disclosed no 

disproportionately adverse impacts for 

minorities, women, or persons with 

disabilities. The provisions of this 

interim final rule do not alter the 

assessment and the findings that were 

originally prepared. 

Paperwork Reduction Act 

Section 2904 of the 2008 Act provides 

that the promulgation of regulations and 

the administration of Title II of this Act 

shall be made without regard to chapter 

35 of Title 44 of the United States Code, 

also known as the Paperwork Reduction 

Act. Therefore, NRCS is not reporting 

recordkeeping or estimated paperwork 

burden associated with this amendment 

or the January 15, 2009, interim final 

rule. 

Government Paperwork Elimination 

Act 

NRCS is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

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 has developed an 

online application and information 

system for public use. 

Executive Order 12988 

This interim final rule has been 

reviewed in accordance with Executive 

Order 12988, Civil Justice Reform. The 

provisions of this interim final rule are 

not retroactive. The provisions of this 

interim final rule preempt State and 

local laws to the extent that such laws 

are inconsistent with this interim final 

rule. Before an action may be brought in 

a Federal court of competent 

jurisdiction, the administrative appeal 

rights afforded persons at parts 614, 780, 

and 11 of this title must be exhausted. 

Federal Crop Insurance Reform and 

Department of Agriculture 

Reorganization Act of 1994 

The Federal Crop Insurance Reform 

and Department of Agriculture 

Reorganization Act of 1994, Title III, 

section 304, requires that for each 

proposed major regulation with a 

primary purpose to regulate issues of 

human health, human safety, or the 

environment, USDA is to publish an 

analysis of the risks addressed by the 

regulation and the costs and benefits of 

the regulation. NRCS has determined 

that such a risk assessment does not 

apply to this interim final rule. NRCS 

recognizes that although such 

assessments can be quite helpful, the 

Act pertains only to a rule that has been 

designated as a ‘‘proposed major 

regulation.’’ NRCS does not consider 

‘‘interim final’’ or ‘‘final’’ rules as falling 

into the category of proposed major 

regulations. 

Unfunded Mandates Reform Act of 

1995 

NRCS assessed the effects of the 

January 15, 2009, rulemaking action on 

State, local, and Tribal Governments, 

and the public. NRCS determined that 

such action did not compel the 

expenditure of $100 million or more in 

any one year (adjusted for inflation) by 

any State, local, Tribal Governments, or 

anyone in the private sector. 

Additionally, the provisions of this 

interim final rule do not alter this 

determination. Therefore, a statement 

under section 202 of the Unfunded 

Mandates Reform Act of 1995 is not 

required. 

Background 

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. NRCS published a 

correction to the interim final rule in the 

Federal Register on March 12, 2009, to 

address the incorrect application of the 

$300,000 payment limitation to joint 

operations. 

Under the January 15, 2009, interim 

final rule (IFR), NRCS, on behalf of CCC, 

can make an EQIP payment for 

implementation of a conservation 

practice on public land provided that 

the public land is a working component 

of the participant’s agricultural and 

forestry operation, the participant has 

control of the land for the term of the 

contract, and the conservation practice 

on public land would contribute to an 

improvement in the identified resource 

concern that is on private land. NRCS 

includes in this Amendment to the IFR 

an expansion of this exception regarding 

conservation practices on public land. 

In particular, NRCS is removing the 

requirement that the benefit of the 

conservation practice on public land 

address an identified resource concern 

that is on private land. NRCS has 

determined that the EQIP statute should 

not be interpreted so narrowly to 

preclude the ability of private 

landowners to enroll part of their 

overall agricultural or forestry operation 

simply because the resource concerns 

exist on land, though held by a public 

agency, that is managed as part of the 

private landowner’s operation pursuant 

to a long-term lease from a public 

agency. 

Therefore, NRCS is amending the 

January 15, 2009, IFR to authorize an 

EQIP contract to include conservation 

practices that address an identified 

resource concern on public land where 

a participant manages such lands as a 

working component of their agricultural 

or forestry operation, and the 

participant has control of the land for 

the term of the EQIP contract. 

■ 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. 


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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Rules and Regulations 25617 

■ 2. Amend § 1466.8 by revising 

paragraph (c)(2)(iii) to read as follows: 

§ 1466.8 Program requirements. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) The conservation practices to be 

implemented on the public land are 

necessary and will contribute to an 

improvement in the identified resource 

concern; or 

* * * * * 

Signed this 22 day of May 2009, in 

Washington, DC. 

Leonard Jordan, 

Acting Vice President, Commodity Credit 

Corporation and Acting Chief, Natural 

Resources Conservation Service. 

[FR Doc. E9–12562 Filed 5–28–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1779 

Rural Housing Service 

7 CFR Part 3575 

Rural Business—Cooperative Service 

Rural Utilities Service 

7 CFR Parts 4279 and 4280 

Rural Business—Cooperative Service 

Rural Housing Service 

Rural Utilities Service 

7 CFR Part 5001 

[FR Doc. E9–4839] 

RIN 0570–AA65 

Rural Development Guaranteed Loans 

AGENCIES: Rural Business—Cooperative 

Service, Rural Housing Service, Rural 

Utilities Service, USDA. 

ACTION: Interim rule; delay of the 

effective date. 

SUMMARY: Rural Development is 

delaying the effective date of the interim 

rule for Rural Development Guaranteed 

Loans, which was published on 

December 17, 2008, to October 1, 2009. 

The interim rule establishes a unified 

guaranteed loan platform for the 

enhanced delivery of four existing Rural 

Development guaranteed loan programs: 

Community Facilities; Water and Waste 

Disposal; Business and Industry; and 

Rural Energy for America Program, 

formerly known as Renewable Energy 

Systems and Energy Efficiency 

Improvement Program. 

DATES: The effective date of the interim 

rule, which published on December 17, 

2008 [73 FR 76698], delayed until 

February 17, 2009, [74 FR 2823], 

delayed until March 9, 2009 [74 FR 

7179], delayed until June 1, 2009 [74 FR 

9759], is further delayed until October 

1, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Bonnet, Rural Development, 

Business and Cooperative Programs, 

U.S. Department of Agriculture, 1400 

Independence Avenue, SW., Stop 3201, 

Washington, DC 20250–3201; e-mail: 

Rick.Bonnet@wdc.usda.gov; telephone 

(202) 720–1804. 

SUPPLEMENTARY INFORMATION: On 

January 16, 2009 [74 FR 2823], Rural 

Development delayed the original 

effective date of the interim rule from 

January 16, 2009, to February 17, 2009, 

because there was insufficient time to 

correct a technical error in the interim 

rule before the interim rule became 

effective on January 16, 2009. 

Subsequently, Rural Development 

again delayed the effective date from 

February 17, 2009, to March 9, 2009 [74 

FR 7179, February 13, 2009] soliciting 

public comments to delay the effective 

date to June 1, 2009. The effective date 

was further delayed from March 9, 2009 

to June 1, 2009 [74 FR 9759, March 6, 

2009]. As stated in the February 13, 

2009, Federal Register, Rural 

Development had identified several 

administrative actions, including 

providing the best guidance to its field 

staff to ensure the successful 

implementation of the interim rule. 

As noted in the February 13, 2009, 

Federal Register, Rural Development 

changed the effective date, as is 

provided for under the Administrative 

Procedures Act (5 U.S.C. 553(b)(3)(B)), 

because: 

1. Implementing the interim rule on 

February 17, 2009, would have created 

substantial legal and operational risks to 

the affected programs because the rule 

contains certain flaws that must be 

corrected and would not have provided 

the Agency sufficient time to properly 

train field staff and make changes to 

information technology systems critical 

to the implementation of these 

programs. These actions could not have 

been completed by February 17, 2009. 

2. The two week extension would 

allow the public a reasonable 

opportunity to comment on this 

proposed extension of the effective date 

to June 1, 2009, and the Agency to 

consider such comments before making 

the decision to make such extension. 

3. Extending the effective date to June 

1, 2009, allowed the Agency to finish 

the 60-day review described in the 

January 20, 2009, memo from the 

Assistant to the President and Chief of 

Staff, entitled ‘‘Regulatory Review.’’ 

As noted in the March 6, 2009, 

Federal Register, the Agency received 

three comments on the extension of the 

effective date of the interim rule to June 

1, 2009. None of the commenters 

suggested that the interim rule become 

effective prior to June 1, 2009, with one 

of the commenters suggesting that ‘‘the 

regulation be delayed as long as 

possible,’’ noting that ‘‘implementation 

during the processing of the President’s 

stimulus package will impose burdens 

on both lenders and USDA staff.’’ The 

Agency, in a separate action, is 

implementing new provisions for the 

business and industry guaranteed loan 

program as a result of the American 

Recovery and Reinvestment Act of 2009. 

Extending the effective date to October 

1, 2009, would coincide with the 

beginning of a new Federal Fiscal Year, 

thereby providing program continuity. 

Further, consideration of the comments 

the Agency received on the 

implementation of the interim rule has 

taken longer than anticipated. Finally, 

the Agency became aware during a 

January 2009 meeting with Agency field 

staff, which was followed by a meeting 

with several lenders, that additional 

time is required to both familiarize 

Agency staff with the new rule and to 

provide additional training to both 

Agency staff and lenders. For these 

reasons, the Agency is extending the 

effective date until October 1, 2009. 

Dated: May 22, 2009. 

William F. Hagy III, 

Acting Under Secretary, Rural Development. 

[FR Doc. E9–12560 Filed 5–28–09; 8:45 am] 

BILLING CODE 3410–XY–P 


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