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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

30907 

Vol. 74, No. 123 

Monday, June 29, 2009 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1410 

RIN 0560–AH80 

Conservation Reserve Program 

AGENCY: Commodity Credit Corporation, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Commodity Credit 

Corporation (CCC) amends the 

Conservation Reserve Program (CRP) 

regulations to update the terms and 

conditions of enrolling acreage in CRP 

and other eligibility requirements to 

implement certain provisions of the 

Food, Conservation, and Energy Act of 

2008 (the 2008 Farm Bill). The purpose 

of CRP is to cost-effectively assist 

producers in conserving and improving 

soil, water, wildlife, and other natural 

resources by converting 

environmentally-sensitive acreage from 

the production of agricultural 

commodities to a long-term vegetative 

cover. 

DATES: Effective Date: This rule is 

effective June 29, 2009. 

Comment Date: We will consider 

comments that we receive by August 28, 

2009. 

ADDRESSES: We invite you to submit 

comments on this interim rule. In your 

comment, include the volume, date, and 

page number of this issue of the Federal 

Register. You may submit comments by 

any of the following methods: 

• E–Mail: 

robert.stephenson@wdc.usda.gov. 

• Fax: 202–720–4619. 

• Mail: CRP Interim Rule Comments, 

c/o PAI Consulting, 4900 Seminary 

Road, Suite 360, Alexandria, Virginia 

22311. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Comments may be inspected at the 

mail address listed above between 8 

a.m. and 4:30 p.m., Monday through 

Friday, except holidays. A copy of this 

interim rule is available through the 

Farm Service Agency (FSA) home page 

at http://www.fsa.usda.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Beverly J. Preston, CRP Program 

Manager, at USDA/FSA/CEPD/STOP 

0513, 1400 Independence Avenue, SW., 

Washington, DC 20250–0513; telephone 

202–720–9563; e-mail: 

beverly.preston@wdc.usda.gov. Persons 

with disabilities who require alternative 

means for communication (Braille, large 

print, audiotape, etc.) should contact the 

USDA Target Center at 202–720–2600 

(voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

This rule revises CRP regulations in 7 

CFR part 1410 to implement certain 

changes to CRP as required by the 2008 

Farm Bill (Pub. L. 110–246) and for 

other purposes. The 2008 Farm Bill, 

among other things, provided the 

authority to maintain up to 39.2 million 

acres in CRP for fiscal years (FY) 2008 

and 2009 and, for FY 2010 through FY 

2012, maintain up to 32.0 million acres 

in CRP. 

The purpose of CRP continues to be 

to cost-effectively assist producers in 

conserving and improving soil, water, 

wildlife, and other natural resources by 

converting highly erodible and other 

environmentally sensitive acreage 

generally devoted to the production of 

agricultural commodities to a long-term 

vegetative cover. CRP participants enroll 

land under contracts for 10 to 15 years 

in exchange for annual rental payments 

and financial assistance to install 

certain conservation practices and to 

maintain approved vegetative, tree, or 

other appropriate covers. That is not 

changing with this rule. 

The 2008 Farm Bill added an 

additional program purpose of 

addressing issues raised by State, 

regional, and national conservation 

initiatives. This interim rule amends 

Part 1410 accordingly. Also, changes in 

the regulations are required to 

implement provisions in the 2008 Farm 

Bill regarding: 

(1) The Farmable Wetlands Program 

(FWP) (a subprogram of CRP), 

(2) Cost-sharing provisions to add 

provisions for thinning of trees to 

improve the condition of resources on 

certain enrolled land, 

(3) Adjusted gross income 

requirements to reflect the new limits in 

the 2008 Farm Bill, 

(4) County acreage limits, 

(5) Cropping history, 

(6) Eligible land, 

(7) Haying and grazing, 

(8) Acceptability of offers provisions 

to allow ‘‘local preference’’ as a 

consideration, 

(9) Payment limitation, and 

(10) Incentives for Indian tribes and 

for ‘‘beginning,’’ ‘‘limited resource,’’ and 

‘‘socially disadvantaged’’ farmers and 

ranchers; incentives for pollinator 

habitat; and transition incentives for 

certain participants. 

The provisions included in this 

interim rule adopt statutory 

requirements for three items in the 

foregoing list; namely those regarding: 

FWP, thinning of trees to improve the 

condition of resources, and amended 

adjusted gross income (provisions 1 

through 3 described above). Provisions 

4 through 10 listed above will be 

implemented in future rulemaking. (See 

the Environmental Evaluation section of 

this interim rule for additional 

information.) Also, this rule changes 

several sections to update dates, where 

appropriate, to be consistent with the 

2008 Farm Bill. This rule also makes 

minor plain language changes to make 

the regulations more clear and concise. 

Definitions and General Changes 

This rule amends section 1410.1, 

Administration, to extend the effective 

dates for the regulations, as specified in 

the 2008 Farm Bill. 

To accommodate new statutory 

provisions, this rule amends section 

1410.2, ‘‘Definitions,’’ to add the 

definition for ‘‘commercial pond-raised 

aquaculture facility.’’ 

The 2008 Farm Bill makes 

commercial pond-raised aquaculture 

facilities eligible for enrollment in FWP 

within CRP. Aquaculture is generally 

considered to be the production of 

aquatic animals and plants under 

controlled conditions for all or part of 

their lifecycle. U.S. aquaculture 

production is composed of the 

production of food fish, ornamental fish, 

baitfish, mollusks, crustaceans, aquatic 


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plants and algae, and some reptiles such 

as alligators and turtles. These 

organisms are grown in a wide variety 

of climates in either fresh or salt water 

and utilize a number of different 

production systems that are specific to 

the type of aquaculture. These systems 

have limits that impact the potential 

conservation benefit that may be 

achieved. Generally, open earthen 

freshwater food fish production systems 

are more suitable for restoration to 

wetland type ecosystems; therefore, they 

are more suitable to be enrolled in FWP. 

Accordingly, this rule adds a definition 

for ‘‘commercial pond-raised 

aquaculture facility’’ that makes eligible 

any earthen facility from which $1,000 

or more of freshwater food fish were 

sold or normally would have been sold 

during a calendar year. 

This rule amends the definition of 

‘‘technical assistance’’ to conform to the 

definition in the 2008 Farm Bill. This 

rule further amends the definition to 

include providing annual rental rate 

surveys. These surveys are required for 

market-based rental rates. The 2008 

Farm Bill requires annual surveys of 

rental rates. Therefore, the revised 

definition includes providing annual 

rental rate surveys as a form of technical 

assistance. 

In addition, this rule makes clarifying 

changes to the definition of ‘‘annual 

rental payment.’’ 

Farmable Wetlands Program 

The 2008 Farm Bill expanded the 

eligibility criteria for FWP. Therefore, 

this rule amends section 1410.11, 

‘‘Farmable Wetlands Program,’’ to 

reflect the changes. This rule expands 

eligibility to include certain constructed 

wetlands that are to be developed to 

provide nitrogen removal in row-crop 

agriculture drainage areas, land that is 

devoted to commercial pond-raised 

aquaculture, and land subject to the 

natural overflow of a prairie wetland 

during certain years. In the current 

regulations, wetlands generally 

excluded from FWP eligibility include 

any wetland, or land on a floodplain, 

that is adjacent to a perennial riverine 

system. The 2008 Farm Bill removed 

these exclusions and also increased 

CCC’s flexibility in determining the size 

of buffers to be devoted to grass or tree 

covers to protect the wetlands; this rule 

amends this section of the regulations 

accordingly. 

The 2008 Farm Bill also modified the 

maximum size of any wetland enrolled 

in FWP from 10 to 40 contiguous acres 

(except for ‘‘aquaculture’’ ponds) and 

added limits on the amount of land 

enrolled for constructed wetlands of 40 

contiguous acres and of flooded 

farmland of 20 contiguous acres. 

Further, the 2008 Farm Bill removed a 

provision that limited payment to no 

more than five acres per tract. Land 

formerly devoted to aquaculture has no 

size limitations other than those 

required by technical guidelines. The 

2008 Farm Bill also provides for a 

history requirement applicable for 

commercial pond-raised aquaculture 

land, specifically that such land must 

have been devoted to commercial pondraised aquaculture in any year between 

calendar years 2002 through 2007, and 

for land subject to the natural overflow 

of a prairie wetland 3 of 10 years after 

January 1, 1990, and before December 

31, 2002. This rule amends section 

1410.11 to reflect these changes. 

Acreage will continue to be limited to 

100,000 acres in any one state. 

Obligations of Participants 

The 2008 Farm Bill made a technical 

change, which conforms to longstanding practice, to require CRP 

participants to undertake management 

on the land as needed to implement the 

accompanying conservation plan. This 

rule amends section 1410.22, CRP 

Conservation Plan, to add this 

requirement for management activities. 

CRP participants will need to 

implement a conservation plan 

providing for management of the land in 

addition to, for example, reducing 

erosion, improving water quality, 

protecting wildlife or wetlands, or 

protecting a public well head. 

Cost-Share Payments—Thinning 

The 2008 Farm Bill added authority to 

make cost-share payments to conduct 

thinning of trees that is necessary to 

improve the condition of resources on 

the land, such as wildlife habitat. 

Therefore, this rule amends the 

regulations in section 1410.40, Costshare Payments, to add a new paragraph 

(g) to provide that a cost-share rate of up 

to 50 percent is authorized for the 

reasonable and necessary costs for 

thinning. 

Payment Limitation and Adjusted Gross 

Income 

The interim rule titled ‘‘Farm Program 

Payment Limitation and Payment 

Eligibility for 2009 and Subsequent 

Crop, Program, or Fiscal Years,’’ 

published in the Federal Register on 

December 29, 2008 (73 FR 79267– 

79284) and made effective on December 

23, 2008, among other things, 

implemented the revised payment 

limitations and average adjusted gross 

income limitation for conservation 

programs. The revised limits are those 

specified in the 2008 Farm Bill. The 

payment limitations interim rule 

implemented the payment limitations in 

7 CFR part 1400 and the average 

adjusted gross income limitations in 7 

CFR part 1400 subpart F. 

The 2008 Farm Bill amends the 

payment limitation and average 

adjusted gross income provisions, 

effective for contracts signed for FY 

2009. Prior to the implementation of 

both this interim rule and the payment 

limits interim rule, the $50,000 

limitation on annual rental payments 

had been applied to a ‘‘person’’ as 

previously defined by statute and 

determined in accordance with the 

existing regulations at that time. The 

regulations prior to the payment limits 

interim rule provided for the ‘‘3-entity 

rule’’ that allowed a ‘‘person’’ to receive 

payment indirectly through no more 

than 3 entities, if payment was not 

received directly, and through no more 

than 2 entities if payment was received 

directly. Although under the 2008 Farm 

Bill and the current regulations the 

payment limitation on annual rental 

payments under CRP remains at 

$50,000, the limitation is now applied 

by determining the amount received by 

each ‘‘natural person’’ and legal entity, 

directly or indirectly. The 3-entity rule 

was eliminated in the 2008 Farm Bill 

and removed from the regulations by the 

payment limits interim rule. 

As specified in 7 CFR 1400.500(d), for 

2009 through 2012 conservation 

programs specified in 7 CFR 1400.1, a 

person or legal entity that has an 

average adjusted gross nonfarm income 

that exceeds $1,000,000 will not be 

eligible to receive payments or benefits 

under conservation and related 

programs, and other programs made 

applicable by statute or regulation, 

unless not less than 66.66 percent of the 

of the average adjusted gross income of 

the person or legal entity is average 

adjusted gross farm income. 

This limitation may be waived on a 

case-by-case basis by the Administrator 

or NRCS Chief for the protection of 

environmentally sensitive land of 

special significance. Such a written 

waiver request must document that land 

within or adjacent to the producer’s 

agricultural operation contains critical 

resources such as, but not limited to, 

threatened, endangered, or at-risk 

species; historical or cultural resources; 

unique wetlands; or critical 

groundwater recharge areas. In addition, 

the waiver request must either: 

• Show that use of conservation 

program funding by an individual 

producer is critical to the success of a 

project that benefits multiple producers 

in a community, watershed, or other 

geographic area or 


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• Show that conservation program 

funding will achieve enduring 

conservation treatment through use of a 

long-term agreement that is greater than 

15 years in duration or through use of 

a deed restriction on the land. 

This rule modifies the regulations in 

sections 1410.42, ‘‘Annual Rental 

Payments’’ (to specify payment 

limitations) and 1410.44, ‘‘Adjusted 

Gross Income,’’ to be consistent with the 

2008 Farm Bill and the payment 

limitation regulations in 7 CFR part 

1400. However, these changes to reflect 

new provisions in the 2008 Farm Bill 

are effective only for FY 2009 and later 

contracts—that is, contracts executed 

after October 1, 2008. For contracts 

executed before that date, the 

regulations in the January 1, 2008 

edition of the Code of Federal 

Regulations apply. That is, the rules in 

place when the contracts were executed 

will apply on questions of payment 

limits and adjusted gross income limits 

on eligibility. 

Request for Comments 

The authorized purpose and scope of 

CRP has changed over time. Since CRP 

was originally enacted by the 1985 Farm 

Bill, there has been an evolution of the 

types and kinds of land enrolled. 

Initially, a substantial amount of land 

was enrolled which primarily met 

commodity supply goals. By the Federal 

Agriculture Improvement and Reform 

Act of 1996 (Pub. L. 104–127, 

commonly known as the 1996 Farm 

Bill), increased focus was placed on 

environmental goals including the 

continuous signup of relatively small 

acreages that protected much larger 

acreages and included land devoted to 

buffers, filter strips, and grass 

waterways. 

After the passage of the 1996 Farm 

Bill, CCC, in addition to more 

customary enrollments, collaborated 

with the State governments and 

leveraged Federal and State resources to 

target environmental priorities of the 

State and the Nation. Since the Farm 

Security and Rural Investment Act of 

2002 (Pub. L. 107–171, commonly 

known as the 2002 Farm Bill), further 

attention has been devoted to 

enrollment of land for the benefit of 

quail and other upland birds, certain 

wetlands, ducks, other high priority 

wildlife species identified by states, and 

longleaf pine restoration. 

Under the 2008 Farm Bill, the overall 

CRP enrollment authority was reduced 

from 39.2 million acres to, by FY 2010, 

32.0 million acres, which provides an 

opportunity to further refine and redirect program resources. 

We request comments on detailed 

environmental and other needs and 

goals on which CRP resources should be 

focused or targeted to optimize 

environmental benefits consistent with 

program goals and purposes. 

As CRP’s purpose and goals have 

changed over time, it is possible that 

unintended barriers to enrollment may 

exist. Therefore, we also request 

comments on any barriers to enrollment 

(outside of statutory provisions) and 

what steps should CCC take to remove 

such barriers to enrollment or to 

streamline program participation within 

the CRP consistent with the statutory 

objectives of the program. 

Executive Order 12866 

This rule has been determined to be 

economically significant and was 

reviewed by the Office of Management 

and Budget (OMB) under Executive 

Order 12866. A Cost Benefit Analysis is 

summarized below and is available from 

the contact information listed above. 

Cost Benefit Analysis 

The 2008 Farm Bill extends CRP 

enrollment authority through September 

30, 2012, and requires that enrollment 

be reduced to no more than 32 million 

acres beginning October 1, 2009. While 

the 2008 Farm Bill authorizes additional 

changes, this interim rule only 

addresses certain provisions, including: 

(1) Changes to Farmable Wetland Pilot 

Program eligibility criteria; (2) provision 

of 50-percent cost-share for tree 

thinning activities; and (3) 

implementation of new payment 

limitation applicability and new 

adjusted gross income-based eligibility 

criteria. Table 1 provides additional 

details on the 2008 Farm Bill changes 

covered by this interim rule. Other 

changes that involve discretionary 

authority will be covered in a separate 

rule and cost benefit analysis. 

The provisions implemented by this 

interim rule are statutorily-mandated, 

meaning the no-action alternatives are 

not feasible, and are used only to 

demonstrate impacts of the new or 

revised provisions. The alternatives are: 

• Implement payment limit and AGIbased eligibility provisions or not, 

• Implement cost-sharing for tree 

thinning or not, or 

• Implement revised Farmable 

Wetlands Program eligibility criteria or 

not. 

TABLE 1—CHANGES TO CRP COVERED BY THE INTERIM RULE

Provision 2002 Farm Bill 2008 Farm Bill Comment 

Conservation Reserve Program 

Payment Limits .............................. $50,000 per year per person ........ $50,000 per year per person or 

legal entity.

The 2008 Farm Bill repeals ‘‘3-entity’’ rule and requires direct attribution. (Provision assessed in 

separate CBA on payment limits and AGI-based eligibility.) 

AGI–Based Eligibility ..................... 3-year average AGI must not exceed $2.5 million.3-year average AGI must not exceed $1 million. No limit if 2/ 

3rds from farm income.

Waivers allowed on case-by-case 

basis. (Impacts discussed in the 

separate payment limits CBA.) 

Cost-share for Tree Thinning ......... No provision .................................. Authorizes 50-percent cost-share 

for thinning activities.

Allows up to $100 million through 

2012. 

Farmable Wetland Program 

Maximum Enrollment ..................... 1 million acres .............................. No change ....................................


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TABLE 1—CHANGES TO CRP COVERED BY THE INTERIM RULE—Continued 

Provision 2002 Farm Bill 2008 Farm Bill Comment 

Eligibility ......................................... Small non-floodplain wetlands and 

associated buffers.

Adds floodplain wetlands, constructed wetlands, former aquaculture lands, and flooded formerly farmed wetlands.Also adds buffers to each category. Some categories are already eligible under other CRP 

(non-FWP) authority. Flooded 

farmlands limited to lands subject to natural overflow of prairie 

wetland. 

Wetland Size Limits ....................... 10 acres per wetland, 40 acres of 

wetland plus buffer per tract.

40-acre-limit per floodplain and 

non-floodplain wetland, and 

constructed wetland. 20-acre 

limit on flooded prairie land. No 

limit on former aquaculture 

ponds.

Applies only to wetland portion, 

not buffer. 

Buffer Size ..................................... The greater of: 3 times the size of 

the wetland or 150 feet on either side of the wetland.

As determined appropriate and 

needed by the Secretary in 

consultation with State Technical Committee.

Applies to all eligibility categories. 

Cropping History ............................ 3 of 10 years prior to enrollment .. No cropping requirement for 

aquaculture ponds or constructed wetlands; 3 of 10 years 

between 1990 and 2002 for 

flooded farmland.

For floodplain and non-floodplain 

wetlands, 3 of 10 years prior to 

enrollment (no change). 

Payment Criteria ............................ Only 5 acres per wetland eligible 

for payment. All buffers eligible.

All wetland and buffer acres eligible for payment.All acres receive same incentive 

payments as filter strips under 

continuous CRP. 

Based on estimates concerning the 

amount of land that will be eligible, 

assumed participation rates and annual 

enrollment, and estimated per-acre 

costs, the costs of implementing the 

changes considered in the interim rule 

are estimated to total $79.6 million 

through FY 2012 and $191.2 million 

through FY 2018. This averages to $19.1 

million per year over 10 years. The 

estimated costs of the changes made by 

the 2008 Farm Bill and implemented in 

this rule are provided in table 2: 

TABLE 2—ESTIMATED COSTS OF CRP CHANGES IN THIS RULE

[$1,000,000] 

FY 2009–2012 FY 2013–2018 FY 2009–2018 

Tree Thinning ................................................................................................................... $43.8 $16.7 $60.5 

Aquaculture Ponds .......................................................................................................... 7.6 22.6 30.2 

Flooded Farmland ............................................................................................................ 17.9 40.7 58.6 

Constructed Wetlands ..................................................................................................... 10.3 31.6 41.9 

Total .......................................................................................................................... 79.6 111.6 191.2 

The extent of environmental benefits 

derived from this rule depends on 

participation rates and the specific 

conservation measures adopted. For 

example, tree thinning has the potential 

to enhance wildlife habitat, provide for 

carbon sequestration, and reduce the 

risk of wildfires. Enrollment of 

aquaculture ponds and flooded 

farmland and associated buffers can 

increase migratory waterfowl and other 

wildlife species populations, and 

potentially reduce flood damage, protect 

water quality, and provide for carbon 

sequestration. Constructed wetlands and 

buffers can reduce nitrate loadings, 

reduce down-stream flood damages, and 

increase wildlife habitat. 

Regulatory Flexibility Act 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this interim rule because 

CCC is not 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. 

CCC is authorized by section 2904 of the 

2008 Farm Bill to issue an interim rule 

effective on publication with an 

opportunity for comment. 

Environmental Evaluation 

In 2003, FSA finalized a 

Programmatic Environmental Impact 

Statement (PEIS) for the reauthorization 

of the CRP in Title II of the Farm 

Security and Rural Investment Act of 

2002 (2002 Farm Bill) and published a 

Record of Decision (ROD). Consistent 

with provisions in 40 CFR 1508.28, in 

order to focus primarily on the issues 

relevant to this specific rule and not 

duplicate material found in the 2003 

EIS, FSA tiered a Programmatic 

Environmental Assessment (PEA) on 

select provisions of the 2008 Farm Bill 

for CRP to the 2003 PEIS; tiering is 

appropriate when the sequence of 

analysis is lesser in scope than the 

initial programmatic statement. 

The PEA incorporated by reference 

general discussions and analysis from 

the 2003 PEIS to assess potential 

environmental impacts associated with 

implementation of only those nondiscretionary provisions identified in 

this rule for CRP consistent with the 

2008 Farm Bill. The Final PEA and 

Finding of No Significant Impact 

(FONSI) for this interim rule were 

published in the Federal Register on 

December 16, 2008 (73 FR 76331– 

76332) for public review and comment. 

The proposed changes analyzed in the 

PEA are separate and distinct from the 


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proposals for discretionary changes. For 

those 2008 Farm Bill changes not 

examined in the PEA where discretion 

may be exercised, FSA is currently 

developing a Supplemental 

Environmental Impact Statement (SEIS) 

to the 2003 Programmatic 

Environmental Impact Statement (PEIS) 

on CRP before any discretionary 

program changes are implemented. The 

implementation of the discretionary 

changes to CRP required by the 2008 

Farm Bill will be made in future 

rulemaking in conjunction with the 

planned SEIS. In accordance with 40 

CFR 1501.7, a Notice of Intent (NOI) 

will be published in the Federal 

Register to determine the scope and 

notify the public. 

Executive Order 13132 

The policies contained in this rule do 

not have any substantial direct effect on 

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. Nor does this rule 

impose substantial direct compliance 

costs on state and local governments. 

Therefore, consultation with the states 

is not required. 

Executive Order 12988 

This interim rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. In accordance with that 

Executive Order: (1) All State and local 

laws and regulations that are in conflict 

with this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) before any judicial action 

may be brought concerning this rule, 

appeal rights afforded program 

participants in 7 CFR parts 11, 624, and 

780 must be exhausted. 

Unfunded Mandates 

Title II of the Unfunded Mandate 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4) establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions that impose 

‘‘Federal Mandates’’ that may result in 

expenditures to State, local, or tribal 

governments, in the aggregate, or the 

private sector, of $100 million or more 

in any one year. This rule contains no 

Federal mandates as defined by Title II 

of UMRA for State, local, or tribal 

governments or for the private sector. 

Therefore, this rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

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, is 

the Conservation Reserve Program— 

10.069. 

Paperwork Reduction Act 

Section 2904 of the 2008 Farm Bill 

specifies that the issuance of regulations 

required by Title II of the 2008 Farm Bill 

are to be carried out without regard to 

chapter 35 of title 44, U.S. Code 

(commonly known as the Paperwork 

Reduction Act). This interim rule 

implements sections 2101–2111 of the 

2008 Farm Bill, which are in Title II. 

Accordingly, these provisions of section 

2904 apply to this rule. 

E-Government Act Compliance 

CCC is committed to complying with 

the E-Government Act, 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. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule has been determined to be 

Major under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, (Pub. L. 104–121) (SBREFA). 

SBREFA normally requires that an 

agency delay the effective date of a 

major rule for 60 days from the date of 

publication to allow for Congressional 

review. Section 808 of SBREFA allows 

an agency to make a major regulation 

effective immediately if the agency finds 

there is good cause to do so. Consistent 

with section 2904(c) of the 2008 Farm 

Bill, FSA finds that it would be contrary 

to the public interest to delay 

implementation of this rule because it 

would significantly delay 

implementation of the program changes 

required by the 2008 Farm Bill. 

Therefore, this rule is effective on the 

date of its publication in the Federal 

Register. 

List of Subjects in 7 CFR Part 1410 

Administrative practice and 

procedure, Agriculture, Environmental 

protection, Natural resources, Reporting 

and recordkeeping requirements, Soil 

conservation, Technical assistance, 

Water resources, and Wildlife. 

■ For the reasons explained above, 

amend 7 CFR part 1410 as follows: 

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. 3801–3847. 

■ 2. Revise § 1410.1(j) to read as follows: 

§ 1410.1 Administration. 

* * * * * 

(j) Except as agreed by CCC and the 

participant together: 

(1) The regulations in this part and 

others governing CRP as of September 

30, 2008, will continue to govern 

contracts in effect as of that date (see 7 

CFR part 1410 contained in the edition 

of 7 CFR parts 1200 to 1599 revised as 

of January 1, 2008); and 

(2) Except as specified in paragraph 

(j)(1) of this section, this part will apply 

to all CRP contracts. 

■ 3. Amend § 1410.2 as follows: 

■ a. Revise the definitions in paragraph 

(b) for ‘‘Annual rental payment’’ and 

‘‘Technical assistance’’ to read as set 

forth below; and 

■ b. Add the definition in paragraph (b), 

in alphabetical order, for the term 

‘‘Commercial pond-raised aquaculture 

facility’’ to read as set forth below. 

§ 1410.2 Definitions. 

* * * * * 

(b) * * * 

Annual rental payment means, unless 

the context indicates otherwise, the 

annual payment specified in the CRP 

contract that, subject to the availability 

of funds, is made to a participant to 

compensate a participant for placing 

eligible land in CRP, including any 

incentive payments that are not 

specifically cost-shares. 

Commercial pond-raised aquaculture 

facility means, as determined by CCC, 

any earthen facility from which $1,000 

or more of freshwater food fish were 

sold or normally would have been sold 

during a calendar year. 

* * * * * 

Technical assistance means assistance 

in regard to determining the eligibility 

of land and practices, implementing and 

certifying practices, ensuring contract 

performance, and providing annual 

rental rate surveys. The technical 

assistance provided in connection with 

CRP to owners or operators, as approved 

by CCC, includes technical expertise, 

information, and tools necessary for the 

conservation of natural resources on 

land; technical services provided 

directly to farmers, ranchers, and other 

eligible entities, such as conservation 

planning, technical consultation, and 

assistance with design and 

implementation of conservation 

practices; and, technical infrastructure, 

including activities, processes, tools, 

and agency functions needed to support 

delivery of technical services, such as 

technical standards, resource 

inventories, training, data, technology, 

monitoring, and effects analyses. 

* * * * * 


cprice-sewell on PRODPC61 with RULES
30912 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

§ 1410.3 [Amended] 

■ 4. Amend § 1410.3 in paragraph (c) by 

removing the words ‘‘including 

encouraging more permanent 

conservation practices and tree 

planting’’ and adding, in their place, the 

words ‘‘including, as appropriate, 

addressing issues raised by State, 

regional, and national conservation 

initiatives and encouraging more 

permanent conservation practices, such 

as, but not limited to, tree planting’’. 

■ 5. Revise § 1410.11 to read to as 

follows: 

§ 1410.11 Farmable Wetlands Program. 

(a) In addition to other allowable 

enrollments, land may be enrolled in 

this program through the Farmable 

Wetlands Program (FWP) within the 

overall Conservation Reserve Program 

provided for in this part. 

(b) As determined by CCC, eligible 

owners and operators may enroll land in 

FWP provided that the land: 

(1) Is a wetland, including a converted 

wetland, as determined by CCC, that has 

been planted or considered planted to 

an agricultural commodity, as defined 

in § 1410.2, in 3 of the 10 most recent 

crop years and that does not exceed the 

size limitations of this section; 

(2) Is enrolled to be a constructed 

wetland that is to be developed to 

receive flow from a row crop agriculture 

drainage system and is designed to 

provide nitrogen removal in addition to 

other wetland functions and that does 

not exceed the size limitations of this 

section; 

(3) Was a commercial pond-raised 

aquaculture facility in any year during 

the period of calendar years 2002 

through 2007; or 

(4) Was cropped, after January 1, 

1990, and before December 31, 2002, at 

least 3 of 10 crop years, was subject to 

the natural overflow of a prairie 

wetland, and does not exceed the size 

limitations of this section. 

(c) In addition, land may be enrolled 

in FWP if the land is buffer acreage that 

provides protection for and is 

contiguous to land otherwise eligible 

under paragraphs (b)(1), (b)(2), or (b)(4) 

of this section, subject to other 

provisions of this section. 

(d) Total enrollment in CRP under 

this section may not exceed 1 million 

acres. In addition, the maximum size of 

a land enrolled under this section may 

not exceed, as determined by CCC: 

(1) 40 contiguous acres for land made 

eligible by paragraph (b)(1) of this 

section; 

(2) 40 contiguous acres for land made 

eligible by paragraph (b)(2) of this 

section; 

(3) 20 contiguous acres for land made 

eligible by paragraph (b)(4) of this 

section; or 

(4) A suitable buffer as determined by 

the Deputy Administrator for lands 

added under paragraph (c) of this 

section. 

(e) All participants subject to a CRP 

contract under this section must agree to 

establish and maintain, as appropriate, 

the practice described in paragraph (b) 

of this section to the maximum extent 

possible, as determined by CCC, in 

accordance with NRCS FOTG including, 

as appropriate, restoring the hydrology 

of the wetland and establishing 

vegetative cover (which may include 

emerging vegetation in water and 

bottomland hardwoods, cypress, and 

other appropriate tree species in 

shallow water areas), as determined by 

CCC. 

(f) Offers for contracts under this 

section must be submitted under 

continuous signup provisions as 

authorized in § 1410.30. 

(g) Except as otherwise determined by 

CCC, all other requirements of this part 

apply to enrollments under this section, 

and CCC may add such other 

requirements or conditions as it deems 

necessary. Such additional conditions 

include, but are not limited to, payment 

limitations, adjusted gross income 

limitations, and limitations on the 

amount of acreage that can be enrolled 

in any one county. 

■ 6. In § 1410.22, amend paragraph (b) 

by adding the words ‘‘and management 

activities’’ immediately after the word 

‘‘practices’’ and by adding the following 

sentence at the end of paragraph (b) to 

read as follows: 

§ 1410.22 CRP conservation plan. 

* * * * * 

(b) * * * The producer must 

undertake management activities on the 

land as needed throughout the term of 

the CRP contract to implement the 

conservation plan. 

* * * * * 

■ 7. Amend § 1410.40 by adding a new 

paragraph (g) to read as follows: 

§ 1410.40 Cost-share payments. 

* * * * * 

(g) CCC may make cost-share 

payments for thinning of existing tree 

stands to benefit wildlife habitat and 

other resource conditions on enrolled 

land, as determined by CCC. 

■ 8. Amend § 1410.42 by revising 

paragraph (d) to read as set forth below: 

§ 1410.42 Annual rental payments. 

* * * * * 

(d) The maximum amount of rental 

payments that a person or legal entity 

may receive, directly or indirectly, 

under CRP for any fiscal year must not 

exceed $50,000. The regulations in part 

1400 of this chapter will be applicable 

for determining whether the limit has 

been exceeded. 

* * * * * 

■ 9. Revise § 1410.44 to read as follows: 

§ 1410.44 Average Adjusted Gross 

Income. 

(a) Benefits under this part will not be 

available to persons or legal entities 

whose average adjusted gross income 

exceeds $1,000,000 or as further 

specified in part 1400 subpart F of this 

chapter. 

(b) The limit specified in paragraph 

(a) of this section may be waived as 

specified in part 1400 subpart F of this 

chapter. 

■ 10. Revise § 1410.53 to read as 

follows: 

§ 1410.53 Executed CRP contract not in 

conformity with regulations. 

If, after a CRP contract is approved by 

CCC, it is discovered that such CRP 

contract is found to contain material 

errors of fact or is not in conformity 

with this part, these regulations will 

prevail, and CCC may, at its sole 

discretion, terminate or modify the CRP 

contract, effective immediately or at a 

later date as CCC determines 

appropriate. 

Signed at Washington, DC, on June 23, 

2009. 

Dennis J. Taitano, 

Acting for Executive Vice President, 

Commodity Credit Corporation. 

[FR Doc. E9–15305 Filed 6–26–09; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0510; Directorate 

Identifier 2009–NE–16–AD; Amendment 39– 

15948; AD 2009–13–09] 

RIN 2120–AA64 

Airworthiness Directives; Microturbo 

SA Saphir 2 Model 016 Auxiliary Power 

Units 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above, on which the 


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