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

26281 

Vol. 74, No. 104 

Tuesday, June 2, 2009 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Part 457 

RIN 0563–AB99 

Common Crop Insurance Regulations, 

Cabbage Crop Insurance Provisions; 

Correction 

AGENCY: Federal Crop Insurance 

Corporation, USDA. 

ACTION: Final rule; correction. 

SUMMARY: This document contains 

corrections to the final regulation which 

was published February 26, 2009. The 

regulation pertains to the insurance of 

cabbage. 

DATES: Effective Date: June 2, 2009. 

FOR FURTHER INFORMATION CONTACT: Erin 

Albright, Risk Management Specialist, 

Product Management, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility, Stop 0812, Room 421, P.O. Box 

419205, Kansas City, MO 64141–6205, 

telephone (816) 926– 7730. 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulation that is the subject 

of this correction converted the cabbage 

pilot crop insurance program to a 

permanent crop insurance regulation to 

be used in conjunction with the 

Common Crop Insurance Policy Basic 

Provisions for ease of use and 

consistency of terms. It was published 

February, 26, 2009 (74 FR 8705–8713). 

Need for Correction 

As published, the final regulation 

contained an error which may prove to 

be misleading and needs to be clarified. 

Section 12(c) of the Cabbage Crop 

Insurance Provisions mistakenly 

included a reference to section 14(a)(3) 

(Your Duties) of the Basic Provisions. 

This specific reference to section 

14(a)(3) (Your Duties) of the Basic 

Provisions should have been referenced 

in section 12(e) of the Cabbage Crop 

Insurance Provisions. The correct 

reference in section 12(c) of the Cabbage 

Crop Insurance Provisions should be to 

the provisions contained in section 14 

of the Basic Provisions. 

List of Subjects in 7 CFR Part 457 

Crop insurance, Cabbage, Reporting 

and recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 7 CFR part 457 is 

corrected as follows: 

PART 457—COMMON CROP 

INSURANCE REGULATIONS 

■ 1. The authority citation for 7 CFR 

part 457 continues to read as follows: 

Authority: 7 U.S.C. 1506(l) and 1506(p). 

§ 457.171 [Amended] 

■ 2. Amend § 457.171 as follows: 

■ a. In section 12(c) by removing the 

phrase ‘‘(a)(3) (Your Duties)’’; and 

■ b. In section 12(e) by removing the 

phrase ‘‘section 14’’ and adding the 

phrase ‘‘section 14(a)(3)(Your Duties)’’ 

in its place. 

Signed in Washington, DC, on May 21, 

2009. 

William J. Murphy, 

Acting Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. E9–12708 Filed 6–1–09; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1467 

RIN 0578–AA47 

Wetlands Reserve Program 

AGENCY: Natural Resources 

Conservation Service and Commodity 

Credit Corporation, United States 

Department of Agriculture. 

ACTION: Interim final rule; amendment 

with reopening of public comment. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS) published 

in the Federal Register of January 15, 

2009, an interim final rule with request 

for comment amending the program 

regulations for the Wetlands Reserve 

Program (WRP) to incorporate 

programmatic changes authorized by the 

Food, Conservation, and Energy Act of 

2008 (2008 Act). The January 15, 2009 

interim final rule changed the nature 

and scope of the agreement NRCS enters 

into with the landowner under a WRP 

easement in a manner which could 

interfere with the restoration efforts of 

some lands enrolled in the program. 

Since the change to the program was not 

necessitated by the 2008 Act, this 

amendment to the January 15, 2009 

interim final rule revises these 

provisions to further the practical 

administration of the program 

consistent with the WRP statute. This 

amendment re-opens the public 

comment period for the interim final 

rule, as amended, for an additional 30 

days. 

DATES: Effective Date: The rule is 

effective June 2, 2009. 

Comment Date: Submit comments on 

or before July 2, 2009. In addition, the 

comment period for the WRP Interim 

Final Rule published on January 15, 

2009 (74 FR 2317) is hereby re-opened 

and comments must be received on or 

before July 2, 2009. 

ADDRESSES: You may send comments 

(identified by Docket Number NRCS– 

IFR–08013) using any of the following 

methods: 

• Government-wide rulemaking Web 

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

and follow the instructions for sending 

comments electronically. 

• Mail: Easements Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 

Wetlands Reserve Program Comments, 

Room 6819 South Building, 

Washington, DC 20013. 

• Fax: (202) 720–9689 

• Hand Delivery: USDA South 

Building, 1400 Independence Avenue, 

SW., Room 6819, Washington, DC 20250 

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

through Friday, except Federal holidays. 

Please ask the guard at the entrance to 

the South Building to call (202) 720– 

4527 in order to be escorted into the 

building. 

• 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; select the 

26282 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

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). 

FOR FURTHER INFORMATION CONTACT: 

Director, Easement Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, Room 

6819, P.O. Box 2890, Washington, DC 

20013–2890; Phone: (202) 720–1854; 

Fax: (202) 720–9689; or e-mail: 

wrp2008@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Order 12866 

The Office of Management and Budget 

reviewed the January 15, 2009 interim 

final rule and determined that it was an 

economically significant regulatory 

action since it results in an annual effect 

on the economy of $100 million or 

more. Pursuant to Executive Order 

12866, NRCS conducted a cost-benefit 

analysis of the potential impacts 

associated with the interim final rule for 

WRP published in the Federal Register 

on January 15, 2009. The provisions of 

this interim final rule do not alter the 

analysis that was originally prepared. 

The administrative record is available 

for public inspection in Room 5831 

USDA South Office Building, 1400 

Independence Avenue, SW., 

Washington, DC. A copy of the analysis 

is available upon request from the 

Director, Easement Programs Division, 

Natural Resources Conservation Service, 

Room 6819 South Building, 

Washington, DC 20250–2890 or 

electronically at: http:// 

www.nrcs.usda.gov/programs/wrp/ 

under the Program Information title. 

Regulatory Flexibility Act. 

The Regulatory Flexibility Act is not 

applicable to this interim final rule 

because the Commodity Credit 

Corporation (CCC) is not 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 

A programmatic environmental 

assessment has been prepared in 

association with the interim final 

rulemaking published on January 15, 

2009. The provisions of this interim 

final rule do not alter the assessment 

and the findings that were originally 

prepared. The analysis has determined 

that there will not be a significant 

impact to the human environment and 

as a result, an Environmental Impact 

Statement is not required to be prepared 

(40 CFR part 1508.13). NRCS has 

extended the public comment period for 

the Environmental Analysis (EA) and 

Finding of No Significant Impact 

(FONSI) until July 2, 2009. 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 e-gov 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 has determined through a Civil 

Rights Impact Analysis that the issuance 

of the interim final rule published on 

January 15, 2009, disclosed no 

disproportionately adverse impacts for 

minorities, women, or persons with 

disabilities. The provisions of this 

interim final rule do not alter the 

analysis that was originally prepared. 

Copies of the Civil Rights Impact 

Analysis are available, and may be 

obtained from the Director, Easement 

Programs Division, Natural Resources 

Conservation Service, P.O. Box 2890, 

Washington, DC 20013–2890, or 

electronically at http:// 

www.nrcs.usda.gov/programs/WRP. 

Paperwork Reduction Act 

Section 2904 of the 2008 Act requires 

that the implementation of this 

provision be carried out without regard 

to the Paperwork Reduction Act, 

chapter 35 of title 44, United States 

Code. 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 and the Freedom to EFile Act, which require government 

agencies in general and NRCS in 

particular, to provide the public the 

option of submitting information or 

transacting business electronically to 

the maximum extent possible. 

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 and 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 7 CFR parts 

11, 614, and 780 must be exhausted. 

Federal Crop Insurance Reform and 

Department of Agriculture 

Reorganization Act of 1994 

Pursuant to section 304 of the Federal 

Crop Insurance Reform Act of 1994 

(Pub. L. 103–354), NRCS classified this 

rule as non-major. Therefore, a risk 

analysis was not conducted. 

Unfunded Mandates Reform Act of 1995 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), USDA assessed the effects 

of this interim final rule on State, local, 

Tribal Governments, and the public. 

This rule does not compel the 

expenditure of $100 million or more by 

any State, local, Tribal Governments, or 

anyone in the private sector; therefore, 

a statement under section 202 of the 

Unfunded Mandates Reform Act of 1995 

is not required. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA) 

The January 15, 2009, interim final 

rule was a major rule as defined by 

Section 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This interim final rule will not 

result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based companies to compete in 

domestic and export markets. The 

provisions of this interim final rule do 

not alter the original determination 

under SBREFA. However, 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 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26283 

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 13132 

E.O. 13132 requires NRCS to develop 

an accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ E.O. 13132 defines the 

term ‘‘Policies that have federalism 

implications’’ to include regulations 

that have ‘‘substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ Under E.O. 

13132, NRCS may not issue a regulation 

that has federalism implications, that 

imposes substantial direct compliance 

costs, and that is not required by statute, 

unless the Federal government provides 

the funds necessary to pay the direct 

compliance costs incurred by State and 

local governments, or NRCS consults 

with State and local officials early in the 

process of developing the proposed 

regulation. NRCS shows sensitivity to 

federalism concerns by requiring the 

State Conservationist to meet with and 

provide opportunities for involvement 

of State and local governments through 

the State Technical Committee. The 

interim final rule published on January 

15, 2009, will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government as specified in E.O. 

13132. The provisions of this interim 

final rule do not alter this 

determination. Thus, the Executive 

Order does not apply to this rule. 

Executive Order 13175 

This interim final rule has been 

reviewed in accordance with Executive 

Order 13175, Consultation and 

Coordination with Tribal Governments. 

NRCS has assessed the impact of this 

interim final rule on 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. 

Discussion of Program 

Background 

This Amendment is effective on the 

date published in the Federal Register. 

The WRP is a voluntary program that 

provides assistance to eligible 

landowners to restore and protect 

wetlands. The 2008 Act made several 

program changes to WRP 

implementation which NRCS 

incorporated into the January 15, 2009, 

interim final rule. However, NRCS made 

other changes to the program in the 

interim final rule that were not 

necessitated by the 2008 Act 

amendments. In particular, the January 

15, 2009, interim final rule revised the 

nature of the relationship that NRCS 

and a landowner have in regards to the 

restoration and management of lands 

enrolled in the program. 

The interim final rule introduced 

several new provisions that place a 

landowner in violation of the easement 

if a landowner either fails to complete 

the restoration activities on the 

easement or if the landowner transfers 

the property to a person or entity that 

is ineligible to receive payment or 

unwilling to complete the restoration 

activities. The preamble discussion 

explained that this policy will create 

situations where NRCS expends funds 

for the enrollment and acquisition of an 

easement, but is not able to restore such 

enrolled lands because of subsequent 

actions or inactions taken by the 

landowner. Furthermore, the interim 

final rule specified that, as a violation 

of the easement, NRCS has the right to 

have the easement remain in force and 

to seek a refund of any payments made 

in furtherance of the enrollment. 

However, the easement lands will 

remain unrestored, and therefore not 

meet the basic purpose of the program. 

After further review, NRCS has 

determined that the authority provided 

under the WRP statute is broad enough 

to avoid this result by allowing the 

parties at the time of enrollment to agree 

to the method of restoration completion. 

Specifically, the purpose of WRP is for 

NRCS to assist landowners with the 

restoration, enhancement, and 

protection of the wetlands on their 

property through the purchase of an 

easement; the cost-sharing of practices 

and activities; and the management, 

monitoring, and enforcement of the 

easement area in accordance with the 

easement terms and conditions. The 

WRP statute provides discretion for: (1) 

NRCS to include terms and conditions 

in the WRP deed with the landowner 

which further the practical 

administration of the program; and (2) 

NRCS to enter into an agreement with 

the landowner for the implementation 

of the Wetland Reserves Plan of 

Operation (WRPO). The types of 

violation situations described above can 

be avoided if NRCS and the landowner 

agree, at the time of enrollment, that 

under the terms of the deed, NRCS may 

restore, protect, enhance, maintain, and 

manage activities on the easement area 

by providing cost-share assistance 

directly to the landowner, or as 

determined necessary by NRCS, through 

another person or entity. 

NRCS interprets the authority and 

discretion provided under 16 USC 

3837d(b) to allow NRCS to make such 

payments to restore and maintain the 

easement area. In particular, 16 USC 

3838d(b) provides that NRCS may make 

payments to others without ‘‘regard to 

any other provision of law’’ and in a 

manner NRCS ‘‘determines is fair and 

reasonable.’’ In this way, NRCS is able 

to ensure that all properties enrolled in 

WRP are able to be restored as 

contemplated by the WRP statute 

despite events subsequent to 

enrollment. 

NRCS remains subject to the statutory 

limitations regarding the level of costshare assistance payments that can be 

made, whether such assistance is made 

directly to the landowner or through 

another person or entity. Therefore, for 

30-year easements, NRCS may not 

provide more than 75 percent of the cost 

of establishing or installing conservation 

practices or activities specified in the 

WRPO. 

Accordingly, NRCS is amending the 

January 15, 2009, interim final rule to 

maintain the efficient working 

relationship between NRCS and 

landowners enrolled in the program and 

ensure that the Federal conservation 

investment is protected. NRCS is adding 

language to § 1467.4 and § 1467.7 to 

clarify the scope of the agreement 

between NRCS and the landowner 

entered into at the time of enrollment. 

NRCS is also removing language in 

§ 1467.7(c)(1) and § 1467.10(e) that 

established the basis for determining a 

landowner in violation and recoupment 

of costs if the land subject to an 

easement was sold to an ineligible 

landowner prior to completion of the 

restoration practices. 

Additionally, NRCS is making a 

correction to the eligibility criteria 

related to closed basin lakes and 

potholes at § 1467.4(e)(5). The IFR 

established that the depth of 6.5 feet 

would be determined at the time of 

enrollment. Water depths vary 

throughout the year and from year to 

year due to the dynamic aspects related 

to flooding in these systems. Since the 

time of enrollment is when NRCS is 

26284 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

taking the administrative action 

regarding the signing of documents 

rather than assessing site conditions, 

NRCS determined that the time of 

enrollment is not the appropriate stage 

in the process for determining water 

depth eligibility. Therefore, NRCS is 

removing the clause related to ‘‘at the 

time of enrollment’’ from § 1467.4(e)(5). 

NRCS will base its determination 

concerning eligibility as soon as 

practicable after receiving the 

landowner application and prior to 

enrollment. 

NRCS is taking this opportunity to 

notify the public of its continued 

dedication to proactive restoration of 

lands enrolled in WRP. In the January 

15, 2009, interim final rule, NRCS 

added language to § 1467.12, ‘‘the 

WRPO Development,’’ to affirm its 

dedication to the adoption of more 

proactive restoration and enhancement 

practices: ‘‘Specifically, the WRPO will 

consider and address, to the extent 

practicable, the on-site alternations and 

the off-site watershed conditions that 

adversely impact the hydrology and 

associated wildlife and wetland 

functions and values.’’ 

NRCS believes that the long-term costeffectiveness of its wetland restoration 

and management efforts requires that 

greater investment be made in the initial 

implementation of practices that create 

the appropriate conditions for wetland 

flora and fauna to thrive. For example, 

NRCS incorporates micro-topography 

into restoration practices to mimic the 

oxbows of flooding and to disrupt the 

establishment of noxious weeds. NRCS 

designs longer slope lengths on its 

berms to increase the amount of shallow 

water available to shorebirds and to 

minimize damage to the berm from 

flood overflow. These practices may 

cost more than plugging a ditch or 

breaking known locations of drainage 

tile, but are necessary to reduce longterm management headaches and to 

realize the WRP purposes of maximizing 

wildlife and wetland functions and 

values. NRCS believes that quality 

restoration efforts result in more fully 

meeting WRP statutory intent, 

increasing landowner satisfaction, and 

benefitting local communities from 

increased sources of recreational 

income. 

List of Subjects in 7 CFR Part 1467 

Administrative practice and 

procedure, Agriculture, Soil 

conservation, Wetlands, and Wetland 

protection. 

■ For the reasons stated in the preamble, 

the CCC amends part 1467 of Title 7 of 

the Code of Federal Regulations as set 

forth below: 

■ 1. The authority citation for part 1467 

continues to read as follows: 

Authority: 16 U.S.C. 3837 et seq. 

■ 2. Section 1467.4 is amended by 

revising paragraph (a)(2) and (e)(5) to 

read as follows: 

§ 1467.4 Program requirements. 

(a) * * * 

(2) To participate in WRP, a 

landowner must agree to the 

implementation of a WRPO, the effect of 

which is to restore, protect, enhance, 

maintain, and manage the hydrologic 

conditions of inundation or saturation 

of the soil, native vegetation, and 

natural topography of eligible lands. 

NRCS may provide cost-share assistance 

through a restoration cost-share 

agreement or an easement restoration 

agreement for the conservation practices 

and activities that promote the 

restoration, protection, enhancement, 

maintenance, and management of 

wetland functions and values. For 

easement transactions, NRCS may 

implement such conservation practices 

and activities through an agreement 

with the landowner, a contract with a 

vendor, or a cooperative agreement with 

a cooperating entity. Specific 

restoration, protection, enhancement, 

maintenance, and management actions 

may be undertaken by the landowner, 

NRCS, or other designee. 

* * * * * 

(e) * * * 

(5) Land under paragraph (e)(3)(ii)(B) 

of this section may be considered for 

enrollment into 30-year easements if it 

meets the criteria under paragraph (e)(3) 

of this section, it is located in the Prairie 

Pothole Region as defined under 

§ 1467.3 of this part, and the size of the 

parcel offered for enrollment is a 

minimum of 20 contiguous acres. Such 

land meets the requirement of 

likelihood of successful restoration only 

if the soils are hydric and the depth of 

water is 6.5 feet or less. 

* * * * * 

■ 3. Section 1467.7 is amended by 

revising paragraph (c)(1), redesignating 

paragraph (d) as paragraph (e), adding a 

new paragraph (d) to read as follows: 

§ 1467.7 Enrollment process. 

* * * * * 

(c) Acceptance and effect of offer of 

enrollment. (1) Easement. For 

applications requesting enrollment 

through an easement, an option 

agreement to purchase will be presented 

by NRCS to the landowner, which will 

describe the easement area; the 

easement compensation amount; the 

easement terms and conditions; and 

other terms and conditions for 

participation that may be required by 

NRCS as appropriate. The landowner 

accepts enrollment in the WRP by 

signing the option agreement to 

purchase. NRCS will continue with 

easement acquisition activities after the 

property has been enrolled. 

* * * * * 

(d) Restoration responsibility and the 

scope of enrollment. (1) The enrollment 

document establishes the terms of 

enrollment consistent with the terms 

and conditions of this part, and 

identifies the: 

(i) Scope of the agreement between 

NRCS and the landowner; 

(ii) Basis for NRCS to obligate funds; 

and 

(iii) Nature and method through 

which NRCS will provide WRP 

technical and financial assistance to the 

landowner. 

(2) The option agreement to purchase 

between NRCS and the landowner 

under the easement option constitutes 

the agreement for: 

(i) Granting an easement on the 

enrolled land as set forth under 

§ 1467.11; 

(ii) Implementing a WRPO which 

provides for the restoration and 

protection of the functions and values of 

wetlands; 

(iii) Recording the easement in 

accordance with applicable State law; 

and 

(iv) Ensuring the title to the easement 

is superior to the rights of all others, 

except for exceptions to the title that are 

deemed acceptable by NRCS. 

(3) The terms of the easement 

identified in paragraph (d)(2)(i) of this 

section includes the landowner’s 

agreement to the implementation of a 

WRPO identified in paragraph (d)(2)(ii) 

of this section. In particular, the 

easement deed identifies that NRCS has 

the right to enter the easement area to 

undertake, on a cost-share basis with the 

landowner or other entity, any activities 

to restore, protect, manage, maintain, 

enhance, and monitor the wetland and 

other natural values of the easement 

area. 

(4) At the time NRCS enters into an 

agreement to purchase, NRCS agrees, 

subject to paragraph (e) of this section, 

to acquire and provide for restoration of 

the land enrolled into the program. 

* * * * * 

§ 1467.10 [Amended] 

■ 4. Section 1467.10 is amended by 

removing paragraph (e). 

■ 5. Section 1467.11 is amended by 

removing paragraphs (a)(5) and (b)(4), 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26285 

and by revising paragraphs (a)(2)(iv) and 

(b)(2)(iii) to read as follows: 

§ 1467.11 Easement and 30-year contract 

participation requirements. 

(a) * * * 

(2) * * * 

(iv) The right to restore, protect, 

enhance, maintain, and manage 

activities on the easement area. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) The right to restore, protect, 

enhance, maintain, and manage 

activities on the enrolled area. 

* * * * * 

■ 6. Section 1467.12 is amended by 

adding a new sentence at the end of 

paragraph (b) to read as follows: 

§ 1467.12 The WRPO development. 

* * * * * 

(b) * * * NRCS will review, revise, 

and supplement the WRPO as needed 

throughout the duration of the 

enrollment to ensure that program goals 

are fully and effectively achieved. 

* * * * * 

Signed this 26th day of May 2009, in 

Washington, DC. 

Virginia (Ginger) L. Murphy, 

Acting Vice President, Commodity Credit 

Corporation and Acting Chief, Natural 

Resources Conservation Service. 

[FR Doc. E9–12680 Filed 6–1–09; 8:45 am] 

BILLING CODE 3410–16–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI60 

[NRC–2009–0132] 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100 Revision 6 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

spent fuel storage regulations by 

revising the Holtec International HI– 

STORM 100 dry cask storage system 

listing within the ‘‘List of Approved 

Spent Fuel Storage Casks’’ to include 

Amendment No. 6 to Certificate of 

Compliance (CoC) Number 1014. 

Amendment No. 6 will modify the CoC 

to add instrument tube tie rods used for 

pressurized water reactor 15x15 and 

17x17 fuel lattices, for both intact and 

damaged fuel assemblies, to the 

approved contents of the MPC–24, 

MPC–24E, MPC–24EF, MPC–32, and 

MPC–32F models; and to correct legacy 

editorial issues in Appendices A and B 

Technical Specifications. 

DATES: The final rule is effective August 

17, 2009, unless significant adverse 

comments are received by July 2, 2009. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. If the 

rule is withdrawn, timely notice will be 

published in the Federal Register. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2009–0132]. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR Reference staff at 1–800–397–4209, 

301–415–4737 or by e-mail to 

pdr.resource@nrc.gov. An electronic 

copy of the proposed Certificate of 

Compliance (CoC), technical 

specifications (TS), and preliminary 

safety evaluation report (SER) can be 

found under ADAMS Package Number 

ML090290140. 

CoC No. 1014, the TS, the preliminary 

SER, and the environmental assessment 

are available for inspection at the NRC 

PDR, Public File Area O–1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD. Single copies of 

these documents may be obtained from 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 218(a) of the Nuclear Waste 

Policy Act of 1982, as amended 

(NWPA), requires that ‘‘[t]he Secretary 

[of the Department of Energy (DOE)] 

shall establish a demonstration program, 

in cooperation with the private sector, 

for the dry storage of spent nuclear fuel 

at civilian nuclear power reactor sites, 

with the objective of establishing one or 

more technologies that the [Nuclear 

Regulatory] Commission may, by rule, 

approve for use at the sites of civilian 

nuclear power reactors without, to the 

maximum extent practicable, the need 

for additional site-specific approvals by 

the Commission.’’ Section 133 of the 

NWPA states, in part, that ‘‘[t]he 

Commission shall, by rule, establish 

procedures for the licensing of any 

technology approved by the 

Commission under Section 218(a) for 

use at the site of any civilian nuclear 

power reactor.’’ 

To implement this mandate, the NRC 

approved dry storage of spent nuclear 

fuel in NRC-approved casks under a 

general license by publishing a final 

rule in 10 CFR Part 72, which added a 

new Subpart K within 10 CFR Part 72, 

entitled ‘‘General License for Storage of 

Spent Fuel at Power Reactor Sites’’ (55 

FR 29181; July 18, 1990). This rule also 

established a new Subpart L within 10 

CFR Part 72, entitled ‘‘Approval of 

Spent Fuel Storage Casks,’’ which 

contains procedures and criteria for 

obtaining NRC approval of spent fuel 

storage cask designs. The NRC 

subsequently issued a final rule on May 

1, 2000 (65 FR 25241), that approved the 

HI–STORM 100 cask system design and 

added it to the list of NRC-approved 

cask designs in 10 CFR 72.214 as CoC 

No. 1014. 

Discussion 

On April 15, 2008, and as 

supplemented August 1, November 17, 

and November 26, 2008, the certificate 

holder, Holtec International (Holtec), 

submitted an application to the NRC 

that requested an amendment to CoC 

No. 1014. The amendment included 

changes to add instrument tube tie rods 

used for pressurized water reactor 15x15