Emergency Conservation Program, 45879-45880 [E7-16175]

Download as PDF 45879 Rules and Regulations Federal Register Vol. 72, No. 158 Thursday, August 16, 2007 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. DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 701 RIN 0560–AH71 Emergency Conservation Program Farm Service Agency, USDA. Final rule. AGENCY: ACTION: SUMMARY: This final rule provides the change mandated by the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (the 2007 Emergency Supplemental). The 2007 Emergency Supplemental provided $16 million for the Emergency Conservation Program (ECP) and required that the Adjusted Gross Income Limitation (AGI) apply to the distribution of the funds. EFFECTIVE DATE: August 16, 2007. FOR FURTHER INFORMATION CONTACT: Clayton Furukawa, ECP Program Manager, Conservation and Environmental Programs Division, USDA/FSA/CEPD STOP 0513, 1400 Independence Avenue, SW., Washington, DC 20250–0513, telephone 202–690–0571, e-mail: Clayton.Furukawa@wdc.usda.gov. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with RULES Background The ECP provides cost-share assistance to farmers and ranchers to rehabilitate farmland damaged by wind erosion, floods, hurricanes, or other natural disasters, and for carrying out emergency water conservation measures during periods of severe drought. The 2007 Emergency Supplemental (Pub. L. 110–28) appropriated $16 million for the ECP. The 2007 Emergency Supplemental also required that the Adjusted Gross Income (AGI), 7 U.S.C. 1308–3a, apply to this $16 million. VerDate Aug<31>2005 16:47 Aug 15, 2007 Jkt 211001 This regulation incorporates the AGI provisions into the ECP. This will be the first time the AGI will be applied to the ECP; however, it has been used with other programs administered by FSA. The use of the AGI limitation is addressed in the regulations in 7 CFR part 1400, subpart G, Average Adjusted Gross Income Limitation (sections 1400.600—1400.603). Section 1400.600 specifies applicability of the AGI limitation. In general, an individual or entity is not eligible for certain program benefits during a crop, program, or fiscal year, if (1) the preceding three-year average of the AGI for the individual or entity exceeds $2.5 million and (2) less than 75 percent of the average AGI is derived from farming, ranching, or forestry operations. Section 1400.601 specifies the determination of average adjusted gross income. Section 1400.602 specifies the information applicants must provide to comply with the regulations. Section 1400.603 specifies the amount payment will be reduced commensurate with the AGI limitation. All other aspects of the ECP will continue to operate in the current manner; this change incorporating the AGI limitation will only apply to payment eligibility for the newlyfunded $16 million. Other ECP program funds may be available for which the AGI provision does not apply. Other than the addition of the AGI limitation for the newly funded $16 million, current ECP regulations remain unchanged. Notice and Comment Due to the non-discretionary nature of this regulatory change, notice and public comment are impracticable, unnecessary, or contrary to the public interest. The 2007 Emergency Supplemental required that FSA apply the AGI to the ECP for payments under the newly-funded $16 million. FSA will apply the AGI as it does for other programs it administers; the current AGI regulations will remain unchanged. Further, allowing the rule to be effective upon publication will allow FSA to fully implement the change and more quickly distribute the $16 million to provide cost-share assistance to farmers and ranchers to rehabilitate farmland damaged by wind erosion, floods, hurricanes, or other natural disasters, and for carrying out emergency water conservation measures during periods of PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 severe drought. Therefore, a proposed rule is not required and this regulatory change is being issued as a final rule. Executive Order 12866 This rule has been determined to be not significant under Executive Order 12866 and has been reviewed by the Office of Management and Budget. Regulatory Flexibility Act This rule is not subject to the Regulatory Flexibility Act since the FSA is not required to publish a notice of proposed rulemaking for this rule. Environmental Review FSA has determined that the application of the AGI limitation to distribute certain funds for the Emergency Conservation Program (ECP) does not constitute a major Federal action that would significantly affect the human or natural environment. Consistent with the National Environmental Policy Act (NEPA), 40 CFR part 1502.4, major Federal actions requiring the preparation of Environmental Impact Statements, and 7 CFR Part 799: Environmental Quality and Related Environmental Concerns— Compliance with NEPA implementing the regulations of the Council on Environmental Quality, 40 CFR parts 1500–1508, no environmental assessment or environmental impact statement will be prepared for this final rule. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which requires 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 12612 This rule does not have Federalism implications that warrant the preparation of a Federalism Assessment. This rule will not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988. This final rule is not retroactive and it does not preempt State law. Before any E:\FR\FM\16AUR1.SGM 16AUR1 45880 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Rules and Regulations judicial action may be brought regarding the provisions of this rule the administrative appeal provisions of 7 CFR parts 11 and 780 must be exhausted. Unfunded Mandates Reform Act of 1995 This rule contains no Federal mandates under the regulatory provisions of Title II of the UMRA for State, local, and tribal government or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Paperwork Reduction Act The Office of Management and Budget (OMB) previously approved the information collection requirements of the ECP under OMB control number 0560–0082. This rule will not change those information collection requirements. A separate notice requesting comments was published in the Federal Register on July 26, 2007 (72 FR 41051) for the information collection requirements for the collection of AGI information. E-Government Act Compliance FSA 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. Federal Assistance Program The title and number of the Federal Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies are: Emergency Conservation Program (ECP)—10.054. List of Subjects in 7 CFR Part 701 Agriculture, Disaster assistance, Environmental protection, Forests and forest products, Grant programs— agriculture, Grant programs—natural resources, Reporting and recordkeeping, Rural areas, Soil conservation, Water resources, Wildlife. I Accordingly, amend 7 CFR part 701 as follows: mstockstill on PROD1PC66 with RULES PART 701—EMERGENCY CONSERVATION PROGRAM AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART 1. Revise the authority citation to read as follows: I Authority: Pub. L. 95–334, 92 Stat. 420, 16 U.S.C. 2201–2205; Pub. L. 109–148, Division B, sec. 101; and Pub. L. 110–28, secs. 9003– 9004. VerDate Aug<31>2005 16:47 Aug 15, 2007 Jkt 211001 2. Add new § 701.17 to read as follows: I § 701.17 Average Adjusted Gross Income Limitation To be eligible for payments issued from the $16 million provided under the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Pub. L. 110–28, section 9003), each applicant must meet the provisions of the Adjusted Gross Income Limitations at 7 CFR part 1400 subpart G. Signed at Washington, DC, on August 9, 2007. Glen L. Keppy, Acting Administrator, Farm Service Agency. [FR Doc. E7–16175 Filed 8–15–07; 8:45 am] BILLING CODE 3410–05–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AI21 List of Approved Spent Fuel Storage Casks: TN–68 Revision 1 Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its spent fuel storage cask regulations by revising the Transnuclear, Inc. TN–68 dry storage cask system listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 1 to Certificate of Compliance (CoC) Number 1027. Amendment No. 1 will modify the CoC by revising several fuel parameters that include increasing fuel burnup to 60 gigawatts-day/metric ton of uranium, increasing total cask decay heat to 30 kilowatts, increasing maximum average fuel enrichment to 4.7 weight percent uranium-235, and decreasing minimum fuel assembly cooling time to 7 years. Amendment No. 1 will also add up to eight damaged fuel assemblies as authorized contents of the cask and reduce the cask spacing on the storage pad. DATES: The final rule is effective October 30, 2007, unless significant adverse comments are received by September 17, 2007. 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 change. If the rule is withdrawn, timely notice will be published in the Federal Register. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150–AI21) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available to the public in their entirety on the NRC rulemaking web site. Personal information, such as name, address, phone, e-mail address, etc., will not be removed from your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at (301) 415–1966. You may also submit comments via the NRC’s rulemaking Web site at https://rulemaking.llnl.gov. Address questions about our rulemaking Web site to Carol Gallagher (301) 415– 5905; e-mail cag@nrc.gov. Comments can also be submitted via the Federal eRulemaking Portal https:// www.regulations.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays [telephone (301) 415– 1966]. Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at (301) 415–1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers at the NRC’s Public Document Room (PDR), O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Selected documents, including comments, can be viewed and downloaded electronically via the NRC rulemaking Web site at https:// ruleforum.llnl.gov. Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/NRC/ADAMS/ index.html. From this site, the public can gain entry into the NRC’s Agencywide Document Access and Management System (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 PDR Reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. An electronic copy of the E:\FR\FM\16AUR1.SGM 16AUR1

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[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Rules and Regulations]
[Pages 45879-45880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16175]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / 
Rules and Regulations

[[Page 45879]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 701

RIN 0560-AH71


Emergency Conservation Program

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule provides the change mandated by the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (the 2007 Emergency Supplemental). The 2007 
Emergency Supplemental provided $16 million for the Emergency 
Conservation Program (ECP) and required that the Adjusted Gross Income 
Limitation (AGI) apply to the distribution of the funds.

EFFECTIVE DATE: August 16, 2007.

FOR FURTHER INFORMATION CONTACT: Clayton Furukawa, ECP Program Manager, 
Conservation and Environmental Programs Division, USDA/FSA/CEPD STOP 
0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513, 
telephone 202-690-0571, e-mail: Clayton.Furukawa@wdc.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

    The ECP provides cost-share assistance to farmers and ranchers to 
rehabilitate farmland damaged by wind erosion, floods, hurricanes, or 
other natural disasters, and for carrying out emergency water 
conservation measures during periods of severe drought.
    The 2007 Emergency Supplemental (Pub. L. 110-28) appropriated $16 
million for the ECP. The 2007 Emergency Supplemental also required that 
the Adjusted Gross Income (AGI), 7 U.S.C. 1308-3a, apply to this $16 
million.
    This regulation incorporates the AGI provisions into the ECP. This 
will be the first time the AGI will be applied to the ECP; however, it 
has been used with other programs administered by FSA.
    The use of the AGI limitation is addressed in the regulations in 7 
CFR part 1400, subpart G, Average Adjusted Gross Income Limitation 
(sections 1400.600--1400.603). Section 1400.600 specifies applicability 
of the AGI limitation. In general, an individual or entity is not 
eligible for certain program benefits during a crop, program, or fiscal 
year, if (1) the preceding three-year average of the AGI for the 
individual or entity exceeds $2.5 million and (2) less than 75 percent 
of the average AGI is derived from farming, ranching, or forestry 
operations. Section 1400.601 specifies the determination of average 
adjusted gross income. Section 1400.602 specifies the information 
applicants must provide to comply with the regulations. Section 
1400.603 specifies the amount payment will be reduced commensurate with 
the AGI limitation.
    All other aspects of the ECP will continue to operate in the 
current manner; this change incorporating the AGI limitation will only 
apply to payment eligibility for the newly-funded $16 million. Other 
ECP program funds may be available for which the AGI provision does not 
apply. Other than the addition of the AGI limitation for the newly 
funded $16 million, current ECP regulations remain unchanged.

Notice and Comment

    Due to the non-discretionary nature of this regulatory change, 
notice and public comment are impracticable, unnecessary, or contrary 
to the public interest. The 2007 Emergency Supplemental required that 
FSA apply the AGI to the ECP for payments under the newly-funded $16 
million. FSA will apply the AGI as it does for other programs it 
administers; the current AGI regulations will remain unchanged. 
Further, allowing the rule to be effective upon publication will allow 
FSA to fully implement the change and more quickly distribute the $16 
million to provide cost-share assistance to farmers and ranchers to 
rehabilitate farmland damaged by wind erosion, floods, hurricanes, or 
other natural disasters, and for carrying out emergency water 
conservation measures during periods of severe drought. Therefore, a 
proposed rule is not required and this regulatory change is being 
issued as a final rule.

Executive Order 12866

    This rule has been determined to be not significant under Executive 
Order 12866 and has been reviewed by the Office of Management and 
Budget.

Regulatory Flexibility Act

    This rule is not subject to the Regulatory Flexibility Act since 
the FSA is not required to publish a notice of proposed rulemaking for 
this rule.

Environmental Review

    FSA has determined that the application of the AGI limitation to 
distribute certain funds for the Emergency Conservation Program (ECP) 
does not constitute a major Federal action that would significantly 
affect the human or natural environment. Consistent with the National 
Environmental Policy Act (NEPA), 40 CFR part 1502.4, major Federal 
actions requiring the preparation of Environmental Impact Statements, 
and 7 CFR Part 799: Environmental Quality and Related Environmental 
Concerns--Compliance with NEPA implementing the regulations of the 
Council on Environmental Quality, 40 CFR parts 1500-1508, no 
environmental assessment or environmental impact statement will be 
prepared for this final rule.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which requires 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 12612

    This rule does not have Federalism implications that warrant the 
preparation of a Federalism Assessment. This rule will not have a 
substantial direct effect on States or their political subdivisions or 
on the distribution of power and responsibilities among the various 
levels of government.

Executive Order 12988

    This rule has been reviewed in accordance with Executive Order 
12988. This final rule is not retroactive and it does not preempt State 
law. Before any

[[Page 45880]]

judicial action may be brought regarding the provisions of this rule 
the administrative appeal provisions of 7 CFR parts 11 and 780 must be 
exhausted.

Unfunded Mandates Reform Act of 1995

    This rule contains no Federal mandates under the regulatory 
provisions of Title II of the UMRA for State, local, and tribal 
government or the private sector. Therefore, this rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.

Paperwork Reduction Act

    The Office of Management and Budget (OMB) previously approved the 
information collection requirements of the ECP under OMB control number 
0560-0082. This rule will not change those information collection 
requirements. A separate notice requesting comments was published in 
the Federal Register on July 26, 2007 (72 FR 41051) for the information 
collection requirements for the collection of AGI information.

E-Government Act Compliance

    FSA 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.

Federal Assistance Program

    The title and number of the Federal Assistance Program, as found in 
the Catalog of Federal Domestic Assistance, to which this rule applies 
are: Emergency Conservation Program (ECP)--10.054.

List of Subjects in 7 CFR Part 701

    Agriculture, Disaster assistance, Environmental protection, Forests 
and forest products, Grant programs--agriculture, Grant programs--
natural resources, Reporting and recordkeeping, Rural areas, Soil 
conservation, Water resources, Wildlife.

0
Accordingly, amend 7 CFR part 701 as follows:

PART 701--EMERGENCY CONSERVATION PROGRAM AND CERTAIN RELATED 
PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART

0
1. Revise the authority citation to read as follows:

    Authority: Pub. L. 95-334, 92 Stat. 420, 16 U.S.C. 2201-2205; 
Pub. L. 109-148, Division B, sec. 101; and Pub. L. 110-28, secs. 
9003-9004.
0
2. Add new Sec.  701.17 to read as follows:


Sec.  701.17  Average Adjusted Gross Income Limitation

    To be eligible for payments issued from the $16 million provided 
under the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and 
Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28, section 
9003), each applicant must meet the provisions of the Adjusted Gross 
Income Limitations at 7 CFR part 1400 subpart G.

    Signed at Washington, DC, on August 9, 2007.
Glen L. Keppy,
Acting Administrator, Farm Service Agency.
 [FR Doc. E7-16175 Filed 8-15-07; 8:45 am]
BILLING CODE 3410-05-P
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