28154 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 

accordance with the Federal Acquisition 

Regulation for procurement contracts 

(48 CFR part 9, subpart 9.4) and agency 

regulations implementing the OMB 

guidance on nonprocurement 

debarment and suspension (2 CFR part 

180, which implements Executive 

Orders 12549 and 12689). Suspension of 

a recipient is a distinct and separate 

action from suspension of an award or 

suspension of payments under an 

award. 

[FR Doc. E9–14019 Filed 6–12–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 220 

[FNS–2005–0008] 

RIN 0584–AD50 

School Breakfast Program: Severe 

Need Assistance 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department is adopting 

as a final rule, without change, an 

interim rule that amended the 

regulations for the School Breakfast 

Program. The interim rule addresses and 

implements amendments made by 

Section 201 of the Child Nutrition and 

WIC Reauthorization Act of 2004 and 

amends the School Breakfast Program 

(SBP) regulations to eliminate the 

requirement that a school’s costs exceed 

the rate of reimbursement as a criterion 

for receiving the higher severe need 

funding available in the SBP. The rule 

also allows State agencies to provide 

severe need reimbursements to certain 

new schools that are beginning 

participation in the school feeding 

programs and therefore have no 

historical second preceding year 

participation information, as was 

previously required. The rule is 

intended to simplify eligibility for 

severe need reimbursements by 

removing previous restrictions on 

receipt of those payments. This rule 

does not impose new administrative 

requirements on State or local 

governmental entities. 

DATES: Effective on June 15, 2009, the 

Department is adopting as a final rule 

the interim rule published at 70 FR 

66247 on November 2, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Melissa Rothstein, Child Nutrition 

Division, Food and Nutrition Service at 

(703) 305–2590. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 2, 2005, the Department 

published an interim rule on the School 

Breakfast Program. Section 501(b) of 

Public Law 108–265 states that FNS 

may promulgate interim regulations to 

implement amendments made by 

Section 201 of the Child Nutrition and 

WIC Reauthorization Act of 2004. FNS 

published an interim rule to expedite 

implementation of the rule’s provisions, 

while allowing public input. Comments 

were invited on the rule and the 

comment period ended on May 1, 2006. 

FNS received four public comments, all 

in support of the rule: two from State 

agencies, one from a school district, and 

one from a school. Commenters 

commended FNS for helping severe 

need schools participate in the SBP by: 

• Eliminating the paperwork burden 

associated with documenting costs, and 

• Allowing the Secretary to determine 

severe need funding for new schools 

that do not have historical participation 

information. 

Commenters did not recommend any 

changes to the provisions of the interim 

rule. Therefore, the Department is 

adopting the interim rule as a final rule 

without change. Although there are no 

changes to the rule, the most recent 

School Breakfast Program information 

collection package (OMB Information 

Collection Request 0584–0012), shows 

that the overall burden hours have 

increased due to school food authority 

and school participation. This action 

also affirms information contained in 

the interim rule concerning Executive 

Order 12866, the Regulatory Flexibility 

Act, Executive Order 12988, and the 

Paperwork Reduction Act. Further, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

List of Subjects in 7 CFR Part 220 

Grant programs—education, Grant 

programs—health, Infants and children, 

Nutrition, Reporting and recordkeeping 

requirements, School breakfast and 

lunch programs. 

PART 220—SCHOOL BREAKFAST 

PROGRAM: SEVERE NEED 

ASSISTANCE 

Accordingly, the Department is 

adopting as a final rule, without change, 

the interim rule that amended 7 CFR 

Part 220 and was published at 70 FR 

66247 on November 2, 2005. 

Dated: June 3, 2009. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

[FR Doc. E9–14021 Filed 6–12–09; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Part 457 

RIN 0563–AC23 

Common Crop Insurance Regulations, 

Basic Provisions 

AGENCY: Federal Crop Insurance 

Corporation, USDA. 

ACTION: Interim rule. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) amends the 

Common Crop Insurance Regulations, 

Basic Provisions to revise enterprise 

unit provisions to protect the program 

from potential abuse as a result of the 

increased premium subsidies for 

enterprise and whole farm units 

provided by the Food, Conservation, 

and Energy Act of 2008 (2008 Farm 

Bill). 

DATES: This rule is effective June 15, 

2009. Written comments and opinions 

on this rule will be accepted until the 

close of business August 14, 2009 and 

will be considered when the rule is to 

be made final. 

ADDRESSES: Interested persons are 

invited to submit comments, titled 

‘‘Enterprise Unit Interim Rule’’, by any 

of the following methods: 

• By Mail to: Director, Product 

Administration and Standards Division, 

Risk Management Agency, United States 

Department of Agriculture, Beacon 

Facility—Mail Stop 0812, Room 421, 

P.O. Box 419205, Kansas City, MO 

64141–6205. 

• By Express Mail to: Director, 

Product Administration and Standards 

Division, Risk Management Agency, 

United States Department of 

Agriculture, Beacon Facility, Stop 0812, 

9240 Troost Avenue, Kansas City, MO 

64131–3055. 

• E-Mail: DirectorPDD@rma.usda.gov. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

A copy of each response will be 

available for public inspection and 

copying from 7 a.m. to 4:30 p.m., CST, 

Monday through Friday, except 

holidays, at 6501 Beacon Drive, Stop 

0812, Room 421, Kansas City, MO 

64133–4676. 

FOR FURTHER INFORMATION CONTACT: Erin 

Albright, Risk Management Specialist, 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 28155 

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: 

Executive Order 12866 

This rule has been determined to be 

non-significant for the purposes of 

Executive Order 12866 and, therefore, it 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Paperwork Reduction Act of 1995 

Pursuant to the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35), the collections of 

information in this rule have been 

approved by OMB under control 

number 0563–0053 through March 31, 

2012. 

E-Government Act Compliance 

FCIC is committed to complying with 

the E-Government Act of 2002, to 

promote the use of the Internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) establishes 

requirements for Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and Tribal 

governments and the private sector. 

This rule contains no Federal mandates 

(under the regulatory provisions of title 

II of the UMRA) for State, local, and 

Tribal governments or the private sector. 

Therefore, this rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

Executive Order 13132 

It has been determined under section 

1(a) of Executive Order 13132, 

Federalism, that this rule does not have 

sufficient implications to warrant 

consultation with the States. The 

provisions contained in this rule will 

not have a substantial direct effect on 

States, or on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

Regulatory Flexibility Act 

FCIC certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. Program requirements for the 

Federal crop insurance program are the 

same for all producers regardless of the 

size of their farming operation. For 

instance, all producers are required to 

submit an application and acreage 

report to establish their insurance 

guarantees and compute premium 

amounts, and all producers are required 

to submit a notice of loss and 

production information to determine the 

amount of an indemnity payment in the 

event of an insured cause of crop loss. 

Whether a producer has 10 acres or 

1,000 acres, there is no difference in the 

kind of information collected. To ensure 

crop insurance is available to small 

entities, the Federal Crop Insurance Act 

(Act) authorizes FCIC to waive 

collection of administrative fees from 

limited resource farmers. FCIC believes 

this waiver helps to ensure that small 

entities are given the same opportunities 

as large entities to manage their risks 

through the use of crop insurance. A 

Regulatory Flexibility Analysis has not 

been prepared since this regulation does 

not have an impact on small entities, 

and, therefore, this regulation is exempt 

from the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 605). 

Federal Assistance Program 

This program is listed in the Catalog 

of Federal Domestic Assistance under 

No. 10.450. 

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 the Notice related to 7 CFR 

part 3015, subpart V, published at 48 FR 

29115, June 24, 1983. 

Executive Order 12988 

This rule has been reviewed in 

accordance with Executive Order 12988 

on civil justice reform. The provisions 

of this rule will not have a retroactive 

effect. The provisions of this rule will 

preempt State and local laws to the 

extent such State and local laws are 

inconsistent herewith. With respect to 

any direct action taken by FCIC or to 

require the insurance provider to take 

specific action under the terms of the 

crop insurance policy, the 

administrative appeal provisions 

published at 7 CFR part 11 must be 

exhausted before any action against 

FCIC for judicial review may be brought. 

Environmental Evaluation 

This action is not expected to have a 

significant economic impact on the 

quality of the human environment, 

health, or safety. Therefore, neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

needed. 

Background 

On May 22, 2008, the 2008 Farm Bill 

was enacted. Section 12011 of the 2008 

Farm Bill amended section 508(e) of the 

Federal Crop Insurance Act (7 U.S.C. 

1508(e)) to allow producers who elect 

whole-farm or enterprise units to 

receive, to the maximum extent 

practicable, the same dollar amount of 

premium subsidy that would have 

otherwise been paid if they had elected 

a basic or optional unit for the crop. 

The increased subsidy amount 

provides a much larger incentive than in 

the past to qualify for an enterprise unit. 

The increased incentive may lead to 

unintended consequences when 

producers change planting intentions 

solely for the purpose of qualifying for 

the larger subsidy. To qualify for an 

enterprise unit, current provisions 

require a producer to plant some acreage 

in two or more sections, FSA farm serial 

numbers, or other means of land 

measurement. There is no requirement 

stating a minimum number of acres that 

must be planted in more than one 

section, FSA farm serial number, etc., to 

qualify for an enterprise unit. This 

leaves the program vulnerable to 

producers who will plant only a small 

amount of acreage in an additional 

section, FSA farm serial number, etc. 

solely for the purpose of qualifying for 

an enterprise unit and the increased 

subsidy. FCIC has received questions 

and anecdotal information and has seen 

blogs on agricultural forums indicating 

that some insured producers are 

contemplating taking these actions. 

The new subsidy amounts are 

intended only for producers who are 

willing to combine optional or basic 

units, not for those who manipulate unit 

structures solely to benefit from the 

higher subsidy. For this reason, FCIC is 

revising the definition of ‘‘enterprise 

unit’’ in the Basic Provisions to specify 

at least two of the sections, section 

equivalents, FSA farm serial numbers, 

or units established by written 

agreement must each have planted 

acreage that constitutes at least the 

lesser of 20 acres or 20 percent of the 

insured crop acreage in the enterprise 

unit. The lesser of 20 acres or 20 percent 

is consistent with other provisions in 

the policy that require a minimum 

amount of acreage to qualify for certain 

other coverage (for example, a 

replanting payment may be made when 

the number of acres replanted is at least 

the lesser of 20 acres or 20 percent of 

the insured planted acreage in a unit). 

This change is necessary to protect 


pwalker on PROD1PC71 with RULES
28156 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 

program integrity by ensuring that 

producers are unable to manipulate 

their unit structure by making slight 

changes in their farming operation to 

gain additional benefits from the 

increased subsidy. 

The amendments in this rule are 

applicable for the 2010 and succeeding 

crop years for all crops with a 2010 crop 

year contract change date on or after the 

effective date of this rule and for the 

2011 and succeeding crop years for all 

crops with a 2010 crop year contract 

change date prior to the effective date of 

this rule. 

Good cause is shown to make this rule 

effective upon publication in the 

Federal Register. Good cause to make 

the rule effective upon publication in 

the Federal Register exists when the 30 

day delay in the effective date is 

impracticable, unnecessary, or contrary 

to the public interest. 

With respect to the provisions of this 

rule, it would adversely affect program 

integrity to delay its implementation. If 

FCIC is required to delay the 

implementation of this rule 30 days 

after the date it is published, the 

provisions of this rule could not be 

implemented until the next crop year 

for those crops having a contract change 

date prior to the effective date of this 

publication. Because a delay in the 

effective date of this rule is contrary to 

the public interest, good cause exists to 

make these policy changes effective 

upon publication in the Federal 

Register. 

List of Subjects in 7 CFR Part 457 

Crop insurance, Reporting and 

recordkeeping requirements. 

Interim Rule 

■ Accordingly, as set forth in the 

preamble, the Federal Crop Insurance 

Corporation amends 7 CFR part 457 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), 1506(o). 

■ 2. In § 457.8, paragraph (b) is amended 

by revising the definition of ‘‘Enterprise 

unit.’’ 

The revised text reads as follows: 

§ 457.8 The application and policy. 

* * * * * 

(b) * * * 

1. Definitions. 

* * * * * 

Enterprise unit. All insurable acreage 

of the insured crop in the county in 

which you have a share on the date 

coverage begins for the crop year. 

(1) To qualify, an enterprise unit must 

contain all of the insurable acreage of 

the same insured crop in: 

(i) One or more basic units that are 

located in two or more separate 

sections, section equivalents, FSA farm 

serial numbers, or units established by 

written agreement; or 

(ii) Two or more optional units 

established by separate sections, section 

equivalents, FSA farm serial numbers, 

or as established by written agreement; 

and 

(2) At least two of the sections, 

section equivalents, FSA farm serial 

numbers, or units established by written 

agreement making up the basic or 

optional units in paragraph (1) of this 

definition must each have planted 

acreage that constitutes at least the 

lesser of 20 acres or 20 percent of the 

insured crop acreage in the enterprise 

unit. 

* * * * * 

Signed in Washington, DC, on June 5, 

2009. 

William J. Murphy, 

Acting Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. E9–13937 Filed 6–12–09; 8:45 am] 

BILLING CODE 3410–08–P 

FARM CREDIT SYSTEM INSURANCE 

CORPORATION 

12 CFR Part 1410 

RIN 3055–AA10 

Premiums 

AGENCY: Farm Credit System Insurance 

Corporation. 

ACTION: Notice of effective date. 

SUMMARY: The Farm Credit System 

Insurance Corporation (FCSIC) issued a 

direct final rule with opportunity for 

comment on April 15, 2009 (74 FR 

17371) amending its premium 

regulations under 12 CFR part 1410 to 

reflect the amendments of the Farm 

Credit Act of 1971 that were made by 

the enactment of the Food, 

Conservation, and Energy Act of 2008. 

The purpose of the amended rule is to 

clarify the premium regulations and 

eliminate provisions of the premium 

regulations that are obsolete or 

inconsistent with the Farm Credit Act of 

1971, as amended. The opportunity for 

comment expired on May 15, 2009. The 

FCSIC received no comments and 

therefore, the direct final rule becomes 

effective without change. In accordance 

with 12 U.S.C. 2252, the effective date 

of the rule is 30 days from the date of 

publication in the Federal Register 

during which either or both Houses of 

Congress are in session. Based on the 

records of the sessions of Congress, the 

effective date of the regulations is 

June 9, 2009. 

DATES: Effective Date: The regulation 

amending 12 CFR part 1410 published 

on April 15, 2009 (74 FR 17371) is 

effective June 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

James M. Morris, General Counsel, Farm 

Credit System Insurance Corporation, 

1501 Farm Credit Drive, McLean, VA 

22102, 703–883–4380, TTY 703–883– 

4390, Fax 703–790–9088. 

Roland E. Smith, 

Secretary to the Board, Farm Credit System 

Insurance Corporation. 

[FR Doc. E9–13954 Filed 6–12–09; 8:45 am] 

BILLING CODE 6710–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30670 Amdt. No. 3324] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective June 15, 

2009. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 


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