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

34209 

Vol. 74, No. 134 

Wednesday, July 15, 2009 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 636 

RIN 0578–AA49 

Wildlife Habitat Incentive Program 

AGENCY: Natural Resources 

Conservation Service, United States 

Department of Agriculture. 

ACTION: Interim final rule; amendment; 

reopening of comment period. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS) published 

in the Federal Register of January 16, 

2009, an interim final rule with request 

for comment amending the program 

regulations for the Wildlife Habitat 

Incentive Program (WHIP) to 

incorporate programmatic changes 

authorized by the Food, Conservation, 

and Energy Act of 2008 (2008 Act). On 

March 12, 2009, NRCS corrected 

language in the interim final rule 

regarding the erroneous application of 

the payment limitation to joint 

operations, and extended the comment 

period to April 17, 2009. This document 

amends the interim final rule by 

expanding the definition of agricultural 

lands to include areas of a farm or ranch 

that are not currently under production. 

NRCS is also using the opportunity 

presented by this rulemaking to reopen 

the comment period. Comments are 

limited to the content of this 

amendment. 

DATES: This amendment is effective on 

July 15, 2009. The comment period for 

the WHIP Interim Final Rule published 

on January 16, 2009 (74 FR 2786), 

extended March 12, 2009 (74 FR 10673), 

until April 17, 2009, is reopened. 

Submit comments on or before August 

14, 2009. 

ADDRESSES: You may send comments 

(identified by Docket Number NRCS– 

IFR–08005) using any of the following 

methods: 

• Government-wide rulemaking Web 

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

follow the instructions for sending 

comments electronically. 

• E-mail: whip2008@wdc.usda.gov. 

• Mail: Gregory Johnson, Director, 

Financial Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., 

Washington, DC 20250–2890. 

• Fax: (202) 720–4265. 

• Hand Delivery Room: USDA South 

Building, 1400 Independence Avenue, 

SW., Room 5237, 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) 720–1845 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 

Interim Final Rules link from beneath 

the Farm Bill Public Comments Links 

title. Persons with disabilities who 

require alternative means for 

communication (Braille, large print, 

audio tape, etc.) should contact the 

USDA TARGET Center at: (202) 720– 

2600 (voice and TDD). 

To view public comments, ask the 

guard at the entrance to the South 

Building to call (202) 720–4527 in order 

to be escorted into the building. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Johnson, Director, Financial 

Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., 

Washington, DC 20013–2890; Phone: 

(202) 720–1845; Fax: (202) 720–4265. 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Order 12866 

Pursuant to Executive Order 12866 

(FR Doc. 93–24523, September 30, 

1993), the interim final rule published 

on January 16, 2009, is a significant 

regulatory action, and NRCS conducted 

an economic analysis of the potential 

impacts associated with this program. 

The administrative record is available 

for public inspection in Room 5831 

South Building, USDA, 1400 

Independence Avenue, SW., 

Washington, DC. NRCS reviewed the 

economic analysis prepared for the 

January 16, 2009, interim final rule and 

determined that the provisions of this 

interim final rule do not alter the 

assessment and the findings that were 

originally prepared. A copy of the 

analysis is available upon request from 

Gregory Johnson, Director, Financial 

Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, Room 

5237 South Building, Washington, DC 

20250–2890 or electronically at: http:// 

www.nrcs.usda.gov/programs/whip/ 

under the WHIP Rules and Notices with 

Supporting Documents title. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA) 

Section 2904(c) of the 2008 Act 

requires that the Secretary use the 

authority in Section 808(2) of Title 5, 

U.S.C., which allows an agency to 

forego SBREFA’s usual 60-day 

congressional review delay of the 

effective date of a major regulation if the 

agency finds that there is a good cause 

to do so. NRCS hereby determines that 

it has good cause to do so in order to 

meet the congressional intent to have 

the conservation programs, authorized 

or amended by Title II, in effect as soon 

as possible. Accordingly, this rule is 

effective upon filing for public 

inspection by the Office of the Federal 

Register. 

Executive Order 13175 

This interim final rule has been 

reviewed in accordance with Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments. NRCS has assessed the 

impact of this interim final rule on 

Indian Tribal Governments and has 

concluded that this rule will not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act is not 

applicable to this interim final rule 

because NRCS is required by 5 U.S.C. 

553, or by any other provision of law, 

to publish a notice of proposed 


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34210 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

rulemaking with respect to the subject 

matter of this rule. 

Environmental Analysis 

Availability of the Environmental 

Assessment (EA) and Finding of No 

Significant Impact (FONSI). A 

programmatic environmental 

assessment has been prepared in 

association with the January 16, 2009, 

interim final rule. The provisions of this 

interim final rule do not alter the 

assessment and the findings that were 

originally prepared. The analysis 

determined that there would not be a 

significant impact to the human 

environment and, as a result, an 

Environmental Impact Statement was 

not required to be prepared (40 CFR part 

1508.13). The EA and FONSI are 

available for review and comment for an 

additional 30 days from the date of 

publication of this amendment to the 

interim final rule in the Federal 

Register. A copy of the EA and FONSI 

may be obtained from the following 

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

programs/Env_Assess/. A hard copy 

may also be requested from the 

following address and contact: Matt 

Harrington, National Environmental 

Coordinator, Ecological Sciences 

Division, Natural Resources 

Conservation Service, 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: Matt Harrington, National 

Environmental Coordinator, Ecological 

Sciences Division, Department of 

Agriculture, Natural Resources 

Conservation Service, 1400 

Independence Ave., SW., Washington, 

DC 20250. 

Civil Rights Impact Analysis 

NRCS determined through a Civil 

Rights Impact Analysis that the January 

16, 2009, interim final rule disclosed no 

disproportionately adverse impacts for 

minorities, women, or persons with 

disabilities. The provisions of this 

interim final rule do not alter the 

assessment and the findings that were 

originally prepared. 

Paperwork Reduction Act 

Section 2904 of the 2008 Act requires 

that the promulgation of regulations and 

the administration of Title II of this Act 

shall be made without regard to chapter 

35 of Title 44 U.S.C., also known as the 

Paperwork Reduction Act. Therefore, 

NRCS is not reporting recordkeeping or 

estimated paperwork burden associated 

with this amendment or the January 16, 

2009, interim final rule. 

Government Paperwork Elimination Act 

NRCS is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies, in general, to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. To better accommodate 

public access, NRCS has developed an 

online application and information 

system for public use. 

Executive Order 12988 

This interim final rule has been 

reviewed in accordance with Executive 

Order 12988, Civil Justice Reform. The 

provisions of this interim final rule are 

not retroactive. The provisions of this 

interim final rule preempt State and 

local laws to the extent that such laws 

are inconsistent with this interim final 

rule. Before an action may be brought in 

a Federal court of competent 

jurisdiction, the administrative appeal 

rights afforded persons at 7 CFR parts 

614 and 11 must be exhausted. 

Federal Crop Insurance Reform and 

Department of Agriculture 

Reorganization Act of 1994 

The Federal Crop Insurance Reform 

and Department of Agriculture 

Reorganization Act of 1994, Title III, 

Section 304, requires that for each 

proposed major regulation with a 

primary purpose to regulate issues of 

human health, human safety, or the 

environment, USDA is to publish an 

analysis of the risks addressed by the 

regulation and the costs and benefits of 

the regulation. NRCS has determined 

that such a risk assessment does not 

apply to this interim final rule. NRCS 

recognizes that although such 

assessments can be quite helpful, the 

Act pertains only to a rule that has been 

designated as a ‘‘proposed major 

regulation.’’ NRCS does not consider 

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

into the category of proposed major 

regulations. 

Unfunded Mandates Reform Act of 1995 

NRCS assessed the effects of the 

January 16, 2009, rulemaking action on 

State, local, and tribal governments, and 

the public. NRCS determined that such 

action did not compel the expenditure 

of $100 million or more in any one year 

(adjusted for inflation) by any State, 

local, or tribal governments, or anyone 

in the private sector. Additionally, the 

provisions of this interim final rule do 

not alter this determination. Therefore, 

a statement under Section 202 of the 

Unfunded Mandates Reform Act of 1995 

is not required. 

Background 

NRCS published an interim final rule 

in the Federal Register of January 16, 

2009 (74 FR 2786), amending the 

program regulations for WHIP found at 

7 CFR part 636. NRCS published a 

correction to the interim final rule in the 

Federal Register on March 12, 2009, to 

address the incorrect application of the 

$50,000 payment limitation to joint 

operations. 

Under the January 16, 2009, interim 

final rule, NRCS limited the definition 

of agricultural lands to lands that are 

currently used to produce agricultural 

and forest-related products or on which 

livestock are produced. NRCS adopted 

this particular definition of ‘‘agricultural 

lands’’ for WHIP to increase consistency 

of definitions between similar programs. 

However, through its adoption of the 

same definition for agricultural lands, 

NRCS inadvertently limited the WHIP 

statute’s inherent flexibility to enroll 

lands that are not eligible for enrollment 

under other NRCS conservation 

programs. Traditionally, WHIP has 

served as a niche program through its 

ability to improve wildlife habitat on 

areas that were not otherwise eligible for 

NRCS assistance. 

Additionally, NRCS has precluded 

landowners from enrolling part of their 

overall farmstead into WHIP simply 

because the particular area is not 

currently used for agricultural 

production. NRCS has determined that 

the WHIP statute should not be 

interpreted so narrowly, especially since 

it may be these lands that are not 

currently under production that can 

most readily be improved for wildlife 

habitat consistent with the extent of 

current management of the farm or 

ranch. 

NRCS proposes in this Amendment to 

the interim final rule an expansion of 

the definition of ‘‘agricultural land’’ for 

the purposes of WHIP. In particular, 

NRCS intends to define agricultural 

lands to mean cropland, grassland, 

rangeland, pasture, and other land 

determined by NRCS to be suitable for 

fish and wildlife habitat development, 

on which agricultural and forest-related 

products or livestock are or have the 

potential to be produced. Agricultural 

lands may include cropped woodland, 

marshes, incidental areas included in 

the agricultural operation, and other 

types of land used for or have the 

potential to be used for production. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34211 

■ For the reasons stated in the preamble, 

NRCS amends part 636 of Title 7 of the 

CFR as set forth below: 

PART 636—WILDLIFE HABITAT 

INCENTIVE PROGRAM 

■ 1. The authority citation for part 1466 

continues to read as follows: 

Authority: 16 U.S.C. 3839bb–1. 

■ 2. Amend § 636.3 by revising the 

definition of ‘‘agricultural lands’’ to read 

as follows: 

§ 636.3 Definitions. 

* * * * * 

Agricultural lands means cropland, 

grassland, rangeland, pasture, and other 

land determined by NRCS to be suitable 

for fish and wildlife habitat 

development on which agricultural and 

forest-related products or livestock are 

produced or have the potential to be 

produced. Agricultural lands may 

include cropped woodland, marshes, 

incidental areas included in the 

agricultural operation, and other types 

of land used for or have the potential to 

be used for production. 

Signed this 8th day of July 2009, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. E9–16705 Filed 7–14–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0633; Directorate 

Identifier 2009–CE–037–AD; Amendment 

39–15964; AD 2009–15–01] 

RIN 2120–AA64 

Airworthiness Directives; Hawker 

Beechcraft Corporation (Type 

Certificate Previously Held by 

Raytheon Aircraft Company) Model 

G36 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Hawker Beechcraft Corporation (Type 

Certificate previously held by Raytheon 

Aircraft Company) Model G36 airplanes. 

This AD requires you to inspect for any 

improper installation and/or chafing of 

the P60/J60 electrical connector, 

associated wiring, and fuel line and, if 

found, correct the installation and 

replace damaged parts. This AD results 

from reports of chafing between the wire 

harness/connector(s) and fuel line. We 

are issuing this AD to detect and correct 

chafing between the wire harness/ 

connector(s) and fuel line. This chafing 

could lead to fuel leaking into the 

cockpit and fire in the cockpit if wiring 

arcs through the fuel line. 

DATES: This AD becomes effective on 

July 27, 2009. 

On July 27, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive any comments on 

this AD by September 14, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

To get the service information 

identified in this AD, contact Hawker 

Beechcraft Corporation, Attn: Piston 

Technical Support, P.O. Box 85, 

Wichita, Kansas 67201; telephone: (800) 

429–5372; fax: (316) 676–8745; E-mail: 

tmdc@hawkerbeechcraft.com; Internet: 

http://www.hawkerbeechcraft.com. 

To view the comments to this AD, go 

to http://www.regulations.gov. The 

docket number is FAA–2009–0633; 

Directorate Identifier 2009–CE–037–AD. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Pretz, Aerospace Engineer, 1801 Airport 

Road, Room 100, Wichita, Kansas 

67209; telephone: (316) 946–4153; fax: 

(316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received reports of chafing 

between the fuel line and the P60/J60 

connector and wiring. One report 

indicated arcing from a chafing wire 

harness burned a hole through the fuel 

tube. Another report resulted from an 

inspection finding where the P60/J60 

connector directly contacted the fuel 

line. 

During the manufacturing of fuel line 

part number (P/N) 36–920001–13, 

protective insulation tube P/N 106242– 

6–01300, or other post-manufacturing 

spiral wrap was not installed or was 

located improperly, thereby allowing 

chafing electrical wire/connectors to 

directly contact the fuel line. 

This condition, if not corrected, could 

result in chafing between the wire 

harness/connector(s) and fuel line. This 

chafing could lead to fuel leaking into 

the cockpit and fire in the cockpit if 

wiring arcs through the fuel line. 

Relevant Service Information 

We reviewed Hawker Beechcraft 

Mandatory Service Bulletin SB 28–3967, 

dated June 2009. The service 

information describes procedures for 

inspecting for any improper installation 

and/or chafing of the P60/J60 electrical 

connector, associated wiring, and fuel 

line and, if found, correcting the 

installation and replacing damaged 

parts. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This AD requires you to 

inspect for any improper installation 

and/or chafing of the P60/J60 electrical 

connector, associated wiring, and fuel 

line and, if found, correct the 

installation and replace damaged parts. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because chafing between the wire 

harness/connector(s) and fuel line could 

lead to fuel leaking into the cockpit and 

fire in the cockpit if wiring arcs through 

the fuel line. Therefore, we determined 

that notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and an 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments regarding this 

AD. Send your comments to an address 

listed under the ADDRESSES section. 

Include the docket number ‘‘FAA– 

2009–0633; Directorate Identifier 2009– 

CE–037–AD’’ at the beginning of your 


srobinson on DSKHWCL6B1PROD with RULES