State Technical Committees, 71521-71526 [E8-27657]
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Rules and Regulations
Federal Register
Vol. 73, No. 228
Tuesday, November 25, 2008
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 HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2008–0135]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security General Training Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
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SUMMARY: At this time, the Department
of Homeland Security is issuing a final
rule pursuant to the Privacy Act of 1974
for the Department of Homeland
Security General Training Records
system of records.
DATES: This final rule is effective
November 25, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0135, by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Department of Homeland
Security, Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
For
general questions and privacy issues,
please contact: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
FOR FURTHER INFORMATION CONTACT:
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Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background: On May 8, 2006, the
Department of Homeland Security
(DHS) published a notice of proposed
rulemaking (71 FR 26706) to exempt the
General Training Records Privacy Act
system of records from the following
provision of the Privacy Act, 5 U.S.C.
552a(d). Elsewhere in today’s Federal
Register, the Department is issuing an
updated system of records notice that
does not impact the need for this final
rule.
No comments were received.
Accordingly, DHS is implementing
the rule as proposed.
Pursuant to the requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601–
612, DHS certifies that these regulations
will not significantly affect a substantial
number of small entities. The final rule
imposes no duties or obligations on
small entities. Further, in accordance
with the provisions of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501,
DHS has determined that this final rule
would not impose new recordkeeping,
application, reporting, or other types of
information collection requirements.
A notice of system of records for
General Training Records is also
published in this issue of the Federal
Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
■ For the reasons stated in the preamble,
DHS proposes to amend Chapter I of
Title 6, Code of Federal Regulations, as
follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues to read as follows:
■
Authority: Public Law 107–296, 116 Stat.
2135, 6 U.S.C. 101 et seq.; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add at the end of Appendix C to
Part 5, Exemption of Record Systems
under the Privacy Act, the following
new paragraph 13:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
13. The Department of Homeland Security
General Training Records system of records
consists of electronic and paper records and
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will be used by DHS and its components. The
Department of Homeland Security General
Training Records system of records consists
of electronic and paper records and will be
used by DHS and its components and offices
to maintain records about individual
training, including enrollment and
participation information, information
pertaining to class schedules, programs, and
instructors, training trends and needs, testing
and examination materials, and assessments
of training efficacy. The data will be
collected by employee name or other unique
identifier. The collection and maintenance of
this information will assist DHS in meeting
its obligation to train its personnel and
contractors in order to ensure that the agency
mission can be successfully accomplished.
Pursuant to exemptions 5 U.S.C. 552a(k)(6) of
the Privacy Act, portions of this system are
exempt from 5 U.S.C. 552a(d) to the extent
that records in this system relate to testing or
examination materials used solely to
determine individual qualifications for
appointment in the Federal service. Access to
or amendment of this information by the data
subject would compromise the objectivity
and fairness of the testing and examination
process.
Dated: November 18, 2008.
Hugo Teufel, III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–28039 Filed 11–24–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
7 CFR Part 610
RIN 0578–AA51
State Technical Committees
Natural Resources
Conservation Service, United States
Department of Agriculture.
ACTION: Interim final rule with request
for comment.
AGENCY:
SUMMARY: Section 1261 of the Food
Security Act of 1985, as amended (the
1985 Act), requires the Secretary of
Agriculture (Secretary) to establish a
technical committee in each State to
assist the Secretary in the
considerations relating to
implementation and technical aspects of
the conservation programs authorized
under the 1985 Act. Section 1262 of the
1985 Act describes the responsibilities
of the State Technical Committees to
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work with the United States Department
of Agriculture (USDA) in an advisory
capacity. Part 610, Subpart C of title 7
of the Code of Federal Regulations
contains the current regulations for
State Technical Committees.
Section 2711 of the Food,
Conservation, and Energy Act of 2008
(2008 Act) amended Sections 1261 and
1262 of the 1985 Act to expand
agricultural and forestry involvement on
the committees, expand the committees’
authority related to reviewing Local
Working Groups’ efforts to address State
program priorities, and require the
Secretary to standardize committee
operations. Section 246(f)(3) of the
Department of Agriculture
Reorganization Act of 1994 exempted
State Technical Committees from the
Federal Advisory Committee Act. The
2008 Act clarifies that the Local
Working Groups shall be considered a
subcommittee of the applicable State
Technical Committee for the purposes
of this exemption. This interim final
rule adopts these changes.
DATES: Effective Date: This rule is
effective November 25, 2008.
Comment date: Submit comments on
or before January 26, 2009.
ADDRESSES: You may send comments
(identified by Docket Number NRCS–
IFR–08010) using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://regulations.gov and
follow the instructions for sending
comments electronically.
• Mail: Conservation Technical
Assistance Programs Division, U.S.
Department of Agriculture, Natural
Resources Conservation Service, 1400
Independence Avenue, SW., Room
6015–S, Washington, DC 20250–2890.
• Fax: (202) 720–2998
• Hand Delivery Room: Room 6015–
S of the USDA South Office Building,
1400 Independence Avenue, SW.,
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 Office
Building to call 202–720–4527 in order
to be escorted into the building.
• This interim final rule may be
accessed via Internet. Users can access
the NRCS homepage at https://
www.nrcs.usda.gov/; select the Farm
Bill link from the menu; select the
Interim final link from beneath the Final
and Interim Final Rules Index title.
Persons with disabilities who require
alternative means for communication
(Braille, large print, audio tape, etc.)
should contact the USDA TARGET
Center at: (202) 720–2600 (voice and
TDD).
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FOR FURTHER INFORMATION CONTACT:
Lillian Woods, Acting Director,
Conservation Planning and Technical
Assistance Programs Division, U.S.
Department of Agriculture (USDA),
Natural Resources Conservation Service
(NRCS), P.O. 2890, Room 6015–S,
Washington, DC 20013–2890; phone:
(202) 720–1510; fax: (202) 720–2998; or
e-mail: STC2008@wdc.usda.gov, Attn:
State Technical Committees.
SUPPLEMENTARY INFORMATION:
Comments Invited
NRCS invites interested persons to
participate in this rulemaking by
submitting written comments or views
about the changes made by this interim
final rule. The most helpful comments
reference a specific portion of the
regulation, explain the reason for any
recommended changes, and include
supporting data and references to
statutory language. Please send two
copies of written comments. All
comments received on or before the
closing date for comments will be
considered. This regulation may be
changed because of the comments
received. All comments received, as
well as a report summarizing each
substantive public comment received
concerning this interim final rule will
be filed in the docket. The docket,
including any personal information
provided, will be made available for
public inspection.
Regulatory Certifications
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this interim
final rule is not significant and will not
be reviewed by OMB under Executive
Order 12866.
Regulatory Flexibility Act
The interim final rule will not have a
significant environmental impact on
small entities. NRCS has determined
that the Regulatory Flexibility Act does
not apply.
Environmental Analysis
The proposed rule involves the
establishment of State Technical
Committees. As provided for under 7
CFR Part 1b.3—Categorical Exclusions,
the proposed rule involves
administrative functions that are
categorically excluded from further
environmental review under the
National Environmental Policy Act
(NEPA). Specifically, 7 CFR Part 1b.3
states: (a) The following are categories of
activities which have been determined
not to have a significant individual or
cumulative effect on the human
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environment and are excluded from the
preparation of environmental
assessment (EAs) or environmental
impact statement (EISs), unless
individual agency procedures
prescribed otherwise.
(1) Policy development, planning and
implementation which relate to routine
activities, such as personnel,
organizational changes, or similar
administrative functions;
(2) Activities which deal solely with
the funding of programs, such as
program budget proposals,
disbursements, and transfer or
reprogramming of funds;
(3) Inventories, research activities,
and studies, such as resource
inventories and routine data collection
when such actions are clearly limited in
context and intensity;
(4) Educational and informational
programs and activities;
(5) Civil and criminal law
enforcement and investigative activities;
(6) Activities which are advisory and
consultative to other agencies and
public and private entities, such as legal
counseling and representation; and
(7) Activities related to trade
representation and market development
activities abroad.
The State Technical Committee rule
meets the criteria for being a categorical
exclusion under Section 1b.3 (1) Policy
development, planning and
implementation which relate to routine
activities, such as personnel,
organizational changes, or similar
administrative functions; and (6)Activities which are advisory and
consultative to other agencies and
public and private entities, such as legal
counseling and representation.
Paperwork Reduction Act
Section 2904 of the 2008 Act provides
that the promulgation and
administration of Title II of the Act shall
be made without regard to Chapter 35 of
Title 44 of the United States Codes, also
know as the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Therefore, NRCS is not reporting
recordkeeping or estimated paperwork
burden associated with this interim
final rule.
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
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jurisdiction, the administrative appeal
rights afforded persons at parts 11, 614,
and 780 of this title must be exhausted.
Unfunded Mandates Reform Act of 1995
NRCS assessed the effects of this
rulemaking action on State, local, and
tribal governments, and the public. This
action does not compel the expenditure
of $100 million or more by any State,
local, or tribal governments, or anyone
in the private sector; therefore, a
statement under section 202 of the
Unfunded Mandates Reform Act of 1995
is not required.
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Discussion of State Technical
Committees
Background and Purpose
The 2008 Act amended requirements
regarding the composition and
responsibilities of State Technical
Committees. Section 1261 of the 1985
Act, as amended, establishes the
membership and responsibilities for
State Technical Committees
(committee(s)). When first enacted, this
section required that committees be
composed of ‘‘professional resource
managers that represent a variety of
disciplines in the soil, water, wetland,
and wildlife sciences.’’ However, the
1985 Act only required representation
from Federal and State agencies. The
1985 Act directed the Secretary to
include representation from the Soil
Conservation Service, the Agriculture
Stabilization and Conservation Service,
U.S. Forest Service, Extension Service,
the Farmers Home Administration, the
U.S. Fish and Wildlife Service, and
State Departments and agencies the
Secretary deemed appropriate,
including: State Fish and Wildlife
agencies, State foresters or equivalent
State officials, State water resources
agencies, State departments of
agriculture, and State associations of
soil and water conservation districts.
The Secretary had discretionary
authority to include other agency
personnel with expertise in soil, water,
wetland and wildlife management. The
1996 Act (Pub. L. 104–127) expanded
eligibility for State Technical Committee
membership to include representatives
from the private sector. In addition to
the members identified under the 1985
Act, the State Technical Committee was
expanded to include agricultural
producers and non-profit organizations
with demonstrable conservation
expertise, persons knowledgeable about
conservation techniques, and
agribusiness. The Chief, NRCS, added
the following agencies and groups based
on their proven expertise with
conservation programs and natural
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resource issues: The Environmental
Protection Agency, Bureau of Indian
Affairs, U.S. Geological Survey, U.S.
Army Corps of Engineers, Farm Service
Agency State Committee, and Federallyrecognized American Indian Tribal
Governments and Alaskan Native
Corporations encompassing 100,000
acres or more in the State. This full
representation was incorporated in a
final rule that was published on August
3, 1999.
The 2008 Act amendments add
‘‘agricultural producers and other
professionals that represent a variety of
disciplines in the soil, water, wetland,
and wildlife sciences’’ and ‘‘owners of
nonindustrial private forest land’’ as
members of the committee. The U.S.
Fish and Wildlife Service is no longer
identified in the statute as a member of
the committee, and agriculture producer
members are no longer required to have
conservation expertise. Agriculture
producer members are now required to
represent a variety of crops and
livestock or poultry raised within the
State. These changes are reflected in
§ 610.22 of this regulation.
The State Technical Committee is
required under section 1261(c) to
include members from a wide variety of
natural resource and agricultural
interests. The State Conservationist
should ensure that all interests are
adequately represented and heard on
the committee and that
recommendations, when adopted,
address natural resource concerns. The
committee membership in § 610.22 has
been modified, as described under the
summary of provisions below.
To ensure that recommendations of
the State Technical Committees take
into account the needs of the diverse
groups served by USDA, in § 610.22,
committee membership shall continue
to include, to the extent practicable,
individuals with demonstrated ability
and skills concerning natural resource
conservation subjects specific to
historically underserved groups and
individuals; i.e. minorities, women,
persons with disabilities and socially
and economically disadvantaged
groups.
The State Conservationist determines
the membership on the State Technical
Committee. Individuals or groups
wanting to participate as members on a
State Technical Committee may submit
to the State Conservationist a request
that explains their interest and outlines
their relevant credentials for becoming a
member of the State Technical
Committee. Decisions of the State
Conservationist concerning membership
on the committee are final and are not
subject to appeal.
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Section 1261 of the 1985 Act provides
that each committee is advisory and has
no implementation or enforcement
authority. The 2008 Act amendments
continue this provision in Section
1262(c)(1). In paragraph 1262(c)(2), the
committees’ role is expanded to provide
advice on whether Local Working
Groups are addressing State priorities
adopted by the State Conservationist.
Section 610.24, Responsibilities of State
Technical Committees, paragraph (c)
has been revised to incorporate this
change.
The 2008 Act amendments to Section
1261(b)(1) require the Secretary to
establish standard operating procedures
for committees. Standard operating
procedures will be incorporated in
NRCS directives made available to the
public through a Federal Register
notice, NRCS offices and the NRCS Web
site. The standard operating procedures
will outline items such as: The best
practice approach to establishing,
organizing, and effectively utilizing
State Technical Committees and Local
Working Groups; direction on
publication of meeting notices, agendas,
and State Technical Committee meeting
summaries; how to provide feedback on
State Conservationist decisions
regarding State Technical Committee
recommendations; and other items as
determined by the Chief.
Section 1262(d) exempts State
Technical Committees from the
provisions of the Federal Advisory
Committee Act. The 2008 Act clarifies
that any Local Working Group shall be
considered to be a subcommittee of the
applicable State Technical Committee.
Sections 610.21, Purpose and scope, and
610.25, Specialized subcommittees, are
changed to incorporate this statutory
provision.
Summary of Provisions
Section 610.21
Purpose and Scope
Section 610.21 is amended to indicate
that Local Working Groups, as well as
State Technical Committees, are exempt
from the provisions of the Federal
Advisory Committee Act. Prior to the
2008 Act amendments, the statute
expressly exempted only the State
Technical Committees from the Federal
Advisory Committee Act, although the
Local Working Groups were, due to
their composition of representative of
elected officials, exempt from the Act.
Section 610.22 State Technical
Committee Membership
Paragraph (a) of this section is revised
to align the membership of the State
Technical Committees with the
composition required in Section 2711 of
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the 2008 Act. Statutorily required
members continue to include NRCS; the
Farm Service Agency; the U.S. Forest
Service; the National Institute of Food
and Agriculture (formerly the
Cooperative State Research Education
and Extension Service); the state fish
and wildlife agency; the state forester;
the state water resources agency; the
state department of agriculture; the state
association of soil and water
conservation districts; agribusiness; and
nonprofits with demonstrable
conservation expertise, though they now
must have experience in working with
agricultural producers in the State. In
addition, owners of nonindustrial
private forest land, as well as
agricultural producers representing the
variety of crops and livestock or poultry
raised in the State, are now explicitly
identified as being members of the State
Technical Committee. However,
agricultural producers are no longer
required to have conservation expertise.
In addition to the statutorily required
members, the regulations also continue
to explicitly provide for membership for
the state Farm Service Agency
Committee and each federally
recognized American Indian Tribal
Government and Alaskan Native
Corporation encompassing 100,000
acres or more in the State.
In § 610.22, the Fish and Wildlife
Service has been removed from
membership as required by statute. In
addition, NRCS has removed several
agencies from required membership
because the 2008 Act eliminated Section
1261(c)(8) from the statute, which had
included ‘‘other agency personnel with
expertise in soil, water, wetland, and
wildlife management’’ as members.
These agencies include: USDA Rural
Development; the U.S. Environmental
Protection Agency; the Bureau of Land
Management; the Bureau of Indian
Affairs; the U.S. Geological Survey; the
Bureau of Reclamation; the Army Corps
of Engineers; and the state coastal zone
management agency. However, the State
Conservationist will invite
representatives from these and other
relevant Federal and State agencies, as
well as the private sector, to participate
as needed.
The regulations do not change
paragraph (b) regarding membership of
historically underserved groups and
individuals or paragraph (c) regarding
the process by which individuals or
groups may request membership on a
State Technical Committee.
Section 610.23 State Technical
Committee Meetings
Paragraph (b) is a new provision that
addresses the statutory requirement for
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NRCS to develop standard operating
procedures governing the operation of
State Technical Committees. Specific
topics that will be addressed in the
standard operating procedures are
identified in the regulations. The list is
not exhaustive and comments are
invited on the content of the standard
operating procedures. The standard
operating procedures will be made
available to the public in a Federal
Register Notice. The remaining language
of § 610.23 has been reorganized, but
has not changed.
Section 610.24 Responsibilities of
State Technical Committees
Paragraph (a) is amended in the
regulations to clarify that State
Technical Committee members may
provide information, analysis and
recommendations not only to NRCS, but
to other USDA agencies responsible for
natural resource conservation activities
and programs under Title XII of the
1985 Act. This change is consistent with
the provisions of the 2008 Act.
Paragraph (b) of the regulations is
consistent with the language in Section
1262 (d) of the 2008 Act. The 2008 Act
deleted much of the specific guidance
regarding State Technical Committee
responsibilities for making technical
recommendations. This change does not
limit the scope of State Technical
Committee responsibilities, but
recognizes that State Technical
Committee responsibilities should not
be limited to certain specified technical
areas.
Paragraph (c) was added to address
the language in the 2008 Act about State
Technical Committee authority to
review whether Local Working Groups
are addressing State priorities.
Section 610.25 Subcommittees and
Local Working Groups
In the current regulations, § 610.25
addresses only specialized
subcommittees of the State Technical
Committee. Paragraph (a) of these
interim final regulations retains the
language of the current regulations, but
explains that members of Local Working
Groups, as well as members of State
Technical Committees, can serve on
specialized subcommittees. The
regulations differentiate between
recommendations resulting from Local
Working Group meetings and from
specialized subcommittee
recommendations in that decisions
resulting from Local Working Group
sessions need not be reported in a
general session of the State Technical
Committee. NRCS has determined that
Local Working Group recommendations
need not be reported in a general
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session of the State Technical
Committee because, given the number of
Local Working Groups in a state, it will
be more efficient for the State Technical
Committees to receive a summary report
of the Local Working Groups’
recommendations from the State
Conservationist. This reporting
requirement will be included in the
standard operating procedures. Local
Working Groups will follow the
standard operating procedures and the
public notice requirements.
The intent of paragraph (b) is to
ensure the membership of Local
Working Groups is as diverse as that of
the State Technical Committees, but is
focused on agricultural interests and
natural resource issues existing in the
local community. Paragraph (b) outlines
the role of Local Working Groups and
clarifies that they are to provide
recommendations on local natural
resource priorities and criteria for
conservation activities and programs.
NRCS invites comments regarding the
interaction of Local Working Groups
with State Technical Committees and
with NRCS at both the local and State
levels. The NRCS also invites comments
regarding the State Technical
Committee review of whether Local
Working Groups are addressing the
priorities established by the State
Technical Committee.
List of Subjects in 7 CFR Part 610
Soil conservation, State Technical
Committee, Technical assistance, Water
resources.
For the reasons stated in the preamble,
the Natural Resources Conservation
Service amends Part 610 of Title 7 of the
Code of Federal Regulations as follows:
■
PART 610—TECHNICAL ASSISTANCE
1. The authority citation for part 610
continues to read as follows:
■
Authority: 16 U.S.C. 590a–f, 590q, 2005b,
3861, 3862.
2. Subpart C is revised to read as
follows:
■
Subpart C—State Technical Committees
Sec.
610.21 Purpose and scope.
610.22 State Technical Committee
membership.
610.23 State Technical Committee
meetings.
610.24 Responsibilities of State Technical
Committees.
610.25 Subcommittees and Local Working
Groups.
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Subpart C—State Technical
Committees
§ 610.21
Purpose and scope.
This subpart sets forth the procedures
for establishing and using the advice of
State Technical Committees. NRCS shall
establish in each State a technical
committee to assist in making
recommendations relating to the
implementation and technical aspects of
natural resource conservation activities
and programs. USDA will use State
Technical Committees in an advisory
capacity in the administration of certain
conservation programs and initiatives.
Pursuant to 16 U.S.C. 3862(d), these
State Technical Committees and Local
Working Groups are exempt from the
provisions of the Federal Advisory
Committee Act (5 U.S.C. App. 2).
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§ 610.22 State Technical Committee
membership.
(a) State Technical Committees shall
include agricultural producers,
nonindustrial private forest land
owners, and other professionals who
represent a variety of disciplines in soil,
water, wetlands, plant, and wildlife
sciences. The State Conservationist in
each State will serve as chairperson.
The State Technical Committee for each
State shall include representatives from
among the following:
(1) NRCS, USDA;
(2) Farm Service Agency, USDA;
(3) State Farm Service Agency
Committee, USDA;
(4) Forest Service, USDA;
(5) National Institute of Food and
Agriculture, USDA;
(6) Each of the Federally recognized
American Indian Tribal Governments
and Alaskan Native Corporations
encompassing 100,000 acres or more in
the State;
(7) State departments and agencies
within the State, including the:
(i) Fish and wildlife agency;
(ii) Forestry agency;
(iii) Water resources agency;
(iv) Department of agriculture;
(v) Association of soil and water
conservation districts; and
(vi) Soil and water conservation
agency;
(8) Agricultural producers
representing the variety of crops and
livestock or poultry raised within the
State;
(9) Owners of nonindustrial private
forest land;
(10) Nonprofit organizations, within
the meaning of section 501(c)(3) of the
Internal Revenue Code of 1986, with
demonstrable conservation expertise
and experience working with
agriculture producers in the State; and
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(11) Agribusiness.
(b) The State Conservationist will
invite other relevant Federal agencies,
and persons knowledgeable about
economic and environmental impacts of
conservation techniques and programs
to participate as needed.
(c) To ensure that recommendations
of the State Technical Committees take
into account the needs of the diverse
groups served by the USDA,
membership shall include, to the extent
practicable, individuals with
demonstrated ability to represent the
conservation and related technical
concerns of particular historically
underserved groups and individuals;
i.e., minorities, women, persons with
disabilities and socially and
economically disadvantaged groups.
(d) In accordance with the guidelines
in paragraphs (a), (b) and (c) of this
section, the State Conservationist
establishes membership on the State
Technical Committee. Individuals or
groups wanting to participate on a State
Technical Committee within a specific
State may submit to the State
Conservationist of that particular State a
request that explains their interest and
outlines their credentials which they
believe are relevant to becoming a
member of the State Technical
Committee. Decisions of the State
Conservationist concerning membership
on the committee are final and not
appealable to any other individual or
group within USDA.
§ 610.23 State Technical Committee
meetings.
(a) The State Conservationist, as
Chairperson, schedules and conducts
the meetings, although a meeting may
be requested by any USDA agency as
needed.
(b) NRCS shall establish and publish
in a Federal Register notice national
standard operating procedures
governing the operation of State
Technical Committees and Local
Working Groups. The standard
operating procedures will outline items
such as: The best practice approach to
establishing, organizing, and effectively
utilizing State Technical Committees
and Local Working Groups; direction on
publication of State Technical
Committee and Local Working Group
meeting notices and agendas; State
Technical Committee meeting
summaries; how to provide feedback on
State Conservationist decisions
regarding State Technical Committee
recommendations; and other items as
determined by the Chief of NRCS.
(c) In addition to the standard
operating procedures established under
paragraph (b) of this section, the State
PO 00000
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Fmt 4700
Sfmt 4700
71525
Conservationist shall provide public
notice of and allow public attendance at
State Technical Committee and Local
Working Group meetings. The State
Conservationist shall publish a meeting
notice no later than 14 calendar days
prior to the meeting. Notification may
exceed this 14-day minimum where
State open meeting laws exist and
provide for a longer notification period.
This minimum 14-day notice
requirement may be waived in the case
of exceptional conditions, as
determined by the State Conservationist.
The State Conservationist shall publish
this notice in at least one or more
newspaper(s), including recommended
Tribal publications, to attain statewide
circulation.
§ 610.24 Responsibilities of State
Technical Committees.
(a) Each State Technical Committee
established under this subpart shall
meet on a regular basis, as determined
by the State Conservationist, to provide
information, analysis, and
recommendations to appropriate
officials of the Department of
Agriculture who are charged with
implementing and establishing
priorities and criteria for natural
resources conservation activities and
programs under Title XII of the Food
Security Act of 1985, including: the
Conservation Reserve Program,
Wetlands Reserve Program,
Conservation Security Program,
Conservation Stewardship Program,
Farm and Ranch Lands Protection
Program, Grassland Reserve Program,
Environmental Quality Incentives
Program, Conservation Innovation
Grants, Agricultural Water
Enhancement Program, Conservation of
Private Grazing Land, Wildlife Habitat
Incentive Program, Grassroots Source
Water Protection Program, Great Lakes
Basin Program, Chesapeake Bay
Watershed Program, and the Voluntary
Public Access and Habitat Incentive
Program. Such recommendations may
include but are not limited to
recommendations about:
(1) The criteria to be used in
prioritizing program applications;
(2) The state-specific application
criteria; and
(3) Priority natural resource concerns
in the state.
(b) The role of the State Technical
Committee is advisory in nature and the
committee shall have no
implementation or enforcement
authority. The implementing agency
reserves the authority to accept or reject
the Committee’s recommendations.
However, the implementing USDA
agency shall give strong consideration to
E:\FR\FM\25NOR1.SGM
25NOR1
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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations
the State Technical Committee’s
recommendations.
(c) State Technical Committees shall
review whether Local Working Groups
are addressing State priorities.
erowe on PROD1PC63 with RULES
(a) Subcommittees. In some
situations, specialized subcommittees,
made up of State Technical Committee
members, may be needed to analyze and
examine specific issues. The State
Conservationist may assemble certain
members, including members of Local
Working Groups, to discuss, examine,
and focus on a particular technical or
programmatic topic. The subcommittee
may seek public participation, but it is
not required to do so. Nevertheless,
recommendations resulting from these
subcommittee sessions, other than
sessions of Local Working Groups, shall
be made only in a general session of the
State Technical Committee where the
public is notified and invited to attend.
Decisions resulting from
recommendations of Local Working
Groups will be communicated to NRCS
in accordance with the standard
operating procedures described in
§ 610.23(b).
(b) Local Working Groups. (1) A Local
Working Group shall be composed of
conservation district officials,
agricultural producers representing the
variety of crops and livestock or poultry
raised within the local area,
nonindustrial private forest land
owners, and other professionals
representing relevant agricultural and
conservation interests and a variety of
disciplines in the soil, water, plant,
wetland, and wildlife sciences who are
familiar with private land agricultural
and natural resource issues in the local
community;
(2) Local Working Groups provide
recommendations on local natural
resource priorities and criteria for
conservation activities and programs.
(3) The Local Working Groups will
follow the standard operating
procedures described in § 610.23(b) and
the public notice requirements set forth
in § 610.23(c).
Arlen L. Lancaster,
Chief, Natural Resources Conservation
Service.
[FR Doc. E8–27657 Filed 11–24–08; 8:45 am]
VerDate Aug<31>2005
14:39 Nov 24, 2008
Jkt 217001
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0834; Directorate
Identifier 2007–SW–78–AD; Amendment 39–
15746; AD 2008–24–06]
§ 610.25 Subcommittees and Local
Working Groups.
BILLING CODE 3410–16–P
DEPARTMENT OF TRANSPORTATION
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. Model A109A and A109A II
Helicopters
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: This amendment supersedes
an existing airworthiness directive (AD)
for the specified Agusta S.p.A. (Agusta)
model helicopters. This AD results from
a revised mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority to
identify and correct an unsafe condition
on an aviation product. The aviation
authority of Italy, with which we have
a bilateral agreement, reports that the
previous MCAI should not apply to
newly redesigned and improved tail
rotor blades. This AD requires the same
inspections as the current AD but limits
the applicability to only three partnumbered tail rotor blades. This AD
requires actions that are intended to
prevent fatigue failure of a tail rotor
blade (blade), loss of a tail rotor, and
subsequent loss of control of the
helicopter.
This AD becomes effective on
December 30, 2008.
The incorporation by reference of
certain publications is approved by the
Director of the Federal Register as of
December 30, 2008.
ADDRESSES: You may examine the AD
docket on the Internet at https://
regulations.gov or in person at the
Docket Operations office, U.S.
Department of Transportation, M–30,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC between 9 a.m. and
5 p.m. Monday through Friday, except
Federal holidays.
You may get the service information
identified in this AD from Agusta, Via
Giovanni Agusta, 520 21017 Cascina
Costa di Samarate (VA), Italy, telephone
39 0331–229111, fax 39 0331–229605/
222595, or at https://
customersupport.agusta.com/
technical_advice.php.
Examining the AD Docket: The AD
docket contains the notice of proposed
rulemaking (NPRM), the economic
DATES:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
evaluation, any comments received, and
other information. The street address
and operating hours for the Docket
Operations office (telephone (800) 647–
5527) are in the ADDRESSES section of
this AD. Comments will be available in
the AD docket shortly after they are
received.
FOR FURTHER INFORMATION CONTACT:
Sharon Miles, Aviation Safety Engineer,
FAA, Rotorcraft Directorate, Regulations
and Guidance Group, Fort Worth, Texas
76193–0111, telephone (817) 222–5122,
fax (817) 222–5961.
SUPPLEMENTARY INFORMATION:
Discussion
We issued an NPRM on July 27, 2008
to amend 14 CFR part 39 to include a
superseding AD that would apply to the
specified Agusta model helicopters.
That NPRM was published in the
Federal Register on August 6, 2008 (73
FR 45644) and proposed the same
inspection requirements as the current
AD. It also proposed to limit the
applicability to only three partnumbered tail rotor blades.
You may obtain further information
by examining the MCAI and any related
service information in the AD docket.
Comments
By publishing the NPRM, we gave the
public an opportunity to participate in
developing this AD. However, we
received no comment on the NPRM or
on our determination of the cost to the
public. Therefore, based on our review
and evaluation of the available data, we
have determined that air safety and the
public interest require adopting the AD
as proposed.
Relevant Service Information
Agusta has issued Bollettino Tecnico
No. 109–110, Revision A, dated
December 12, 2005 (BT). The actions
described in the MCAI are intended to
correct the same unsafe condition as
that identified in the service
information.
Differences Between This AD and the
MCAI
The MCAI states to comply with the
manufacturer’s BT. This AD differs from
the incorporated portions of the BT as
follows:
(1) We refer to the compliance time as
hours time-in-service rather than flight
hours.
(2) We do not require you to contact
the manufacturer.
Costs of Compliance
We estimate that this AD will affect
about 40 helicopters of U.S. registry. We
also estimate that it will take about 2.5
E:\FR\FM\25NOR1.SGM
25NOR1
]]>Agencies
[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71521-71526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27657]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 610
RIN 0578-AA51
State Technical Committees
AGENCY: Natural Resources Conservation Service, United States
Department of Agriculture.
ACTION: Interim final rule with request for comment.
-----------------------------------------------------------------------
SUMMARY: Section 1261 of the Food Security Act of 1985, as amended (the
1985 Act), requires the Secretary of Agriculture (Secretary) to
establish a technical committee in each State to assist the Secretary
in the considerations relating to implementation and technical aspects
of the conservation programs authorized under the 1985 Act. Section
1262 of the 1985 Act describes the responsibilities of the State
Technical Committees to
[[Page 71522]]
work with the United States Department of Agriculture (USDA) in an
advisory capacity. Part 610, Subpart C of title 7 of the Code of
Federal Regulations contains the current regulations for State
Technical Committees.
Section 2711 of the Food, Conservation, and Energy Act of 2008
(2008 Act) amended Sections 1261 and 1262 of the 1985 Act to expand
agricultural and forestry involvement on the committees, expand the
committees' authority related to reviewing Local Working Groups'
efforts to address State program priorities, and require the Secretary
to standardize committee operations. Section 246(f)(3) of the
Department of Agriculture Reorganization Act of 1994 exempted State
Technical Committees from the Federal Advisory Committee Act. The 2008
Act clarifies that the Local Working Groups shall be considered a
subcommittee of the applicable State Technical Committee for the
purposes of this exemption. This interim final rule adopts these
changes.
DATES: Effective Date: This rule is effective November 25, 2008.
Comment date: Submit comments on or before January 26, 2009.
ADDRESSES: You may send comments (identified by Docket Number NRCS-IFR-
08010) using any of the following methods:
Government-wide rulemaking Web site: Go to https://
regulations.gov and follow the instructions for sending comments
electronically.
Mail: Conservation Technical Assistance Programs Division,
U.S. Department of Agriculture, Natural Resources Conservation Service,
1400 Independence Avenue, SW., Room 6015-S, Washington, DC 20250-2890.
Fax: (202) 720-2998
Hand Delivery Room: Room 6015-S of the USDA South Office
Building, 1400 Independence Avenue, SW., 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 Office Building to
call 202-720-4527 in order to be escorted into the building.
This interim final rule may be accessed via Internet.
Users can access the NRCS homepage at https://www.nrcs.usda.gov/; select
the Farm Bill link from the menu; select the Interim final link from
beneath the Final and Interim Final Rules Index title. Persons with
disabilities who require alternative means for communication (Braille,
large print, audio tape, etc.) should contact the USDA TARGET Center
at: (202) 720-2600 (voice and TDD).
FOR FURTHER INFORMATION CONTACT: Lillian Woods, Acting Director,
Conservation Planning and Technical Assistance Programs Division, U.S.
Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS), P.O. 2890, Room 6015-S, Washington, DC 20013-2890;
phone: (202) 720-1510; fax: (202) 720-2998; or e-mail:
STC2008@wdc.usda.gov, Attn: State Technical Committees.
SUPPLEMENTARY INFORMATION:
Comments Invited
NRCS invites interested persons to participate in this rulemaking
by submitting written comments or views about the changes made by this
interim final rule. The most helpful comments reference a specific
portion of the regulation, explain the reason for any recommended
changes, and include supporting data and references to statutory
language. Please send two copies of written comments. All comments
received on or before the closing date for comments will be considered.
This regulation may be changed because of the comments received. All
comments received, as well as a report summarizing each substantive
public comment received concerning this interim final rule will be
filed in the docket. The docket, including any personal information
provided, will be made available for public inspection.
Regulatory Certifications
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
interim final rule is not significant and will not be reviewed by OMB
under Executive Order 12866.
Regulatory Flexibility Act
The interim final rule will not have a significant environmental
impact on small entities. NRCS has determined that the Regulatory
Flexibility Act does not apply.
Environmental Analysis
The proposed rule involves the establishment of State Technical
Committees. As provided for under 7 CFR Part 1b.3--Categorical
Exclusions, the proposed rule involves administrative functions that
are categorically excluded from further environmental review under the
National Environmental Policy Act (NEPA). Specifically, 7 CFR Part 1b.3
states: (a) The following are categories of activities which have been
determined not to have a significant individual or cumulative effect on
the human environment and are excluded from the preparation of
environmental assessment (EAs) or environmental impact statement
(EISs), unless individual agency procedures prescribed otherwise.
(1) Policy development, planning and implementation which relate to
routine activities, such as personnel, organizational changes, or
similar administrative functions;
(2) Activities which deal solely with the funding of programs, such
as program budget proposals, disbursements, and transfer or
reprogramming of funds;
(3) Inventories, research activities, and studies, such as resource
inventories and routine data collection when such actions are clearly
limited in context and intensity;
(4) Educational and informational programs and activities;
(5) Civil and criminal law enforcement and investigative
activities;
(6) Activities which are advisory and consultative to other
agencies and public and private entities, such as legal counseling and
representation; and
(7) Activities related to trade representation and market
development activities abroad.
The State Technical Committee rule meets the criteria for being a
categorical exclusion under Section 1b.3 (1) Policy development,
planning and implementation which relate to routine activities, such as
personnel, organizational changes, or similar administrative functions;
and (6)-Activities which are advisory and consultative to other
agencies and public and private entities, such as legal counseling and
representation.
Paperwork Reduction Act
Section 2904 of the 2008 Act provides that the promulgation and
administration of Title II of the Act shall be made without regard to
Chapter 35 of Title 44 of the United States Codes, also know as the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Therefore,
NRCS is not reporting recordkeeping or estimated paperwork burden
associated with this interim final rule.
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
[[Page 71523]]
jurisdiction, the administrative appeal rights afforded persons at
parts 11, 614, and 780 of this title must be exhausted.
Unfunded Mandates Reform Act of 1995
NRCS assessed the effects of this rulemaking action on State,
local, and tribal governments, and the public. This action does not
compel the expenditure of $100 million or more by any State, local, or
tribal governments, or anyone in the private sector; therefore, a
statement under section 202 of the Unfunded Mandates Reform Act of 1995
is not required.
Discussion of State Technical Committees
Background and Purpose
The 2008 Act amended requirements regarding the composition and
responsibilities of State Technical Committees. Section 1261 of the
1985 Act, as amended, establishes the membership and responsibilities
for State Technical Committees (committee(s)). When first enacted, this
section required that committees be composed of ``professional resource
managers that represent a variety of disciplines in the soil, water,
wetland, and wildlife sciences.'' However, the 1985 Act only required
representation from Federal and State agencies. The 1985 Act directed
the Secretary to include representation from the Soil Conservation
Service, the Agriculture Stabilization and Conservation Service, U.S.
Forest Service, Extension Service, the Farmers Home Administration, the
U.S. Fish and Wildlife Service, and State Departments and agencies the
Secretary deemed appropriate, including: State Fish and Wildlife
agencies, State foresters or equivalent State officials, State water
resources agencies, State departments of agriculture, and State
associations of soil and water conservation districts. The Secretary
had discretionary authority to include other agency personnel with
expertise in soil, water, wetland and wildlife management. The 1996 Act
(Pub. L. 104-127) expanded eligibility for State Technical Committee
membership to include representatives from the private sector. In
addition to the members identified under the 1985 Act, the State
Technical Committee was expanded to include agricultural producers and
non-profit organizations with demonstrable conservation expertise,
persons knowledgeable about conservation techniques, and agribusiness.
The Chief, NRCS, added the following agencies and groups based on their
proven expertise with conservation programs and natural resource
issues: The Environmental Protection Agency, Bureau of Indian Affairs,
U.S. Geological Survey, U.S. Army Corps of Engineers, Farm Service
Agency State Committee, and Federally-recognized American Indian Tribal
Governments and Alaskan Native Corporations encompassing 100,000 acres
or more in the State. This full representation was incorporated in a
final rule that was published on August 3, 1999.
The 2008 Act amendments add ``agricultural producers and other
professionals that represent a variety of disciplines in the soil,
water, wetland, and wildlife sciences'' and ``owners of nonindustrial
private forest land'' as members of the committee. The U.S. Fish and
Wildlife Service is no longer identified in the statute as a member of
the committee, and agriculture producer members are no longer required
to have conservation expertise. Agriculture producer members are now
required to represent a variety of crops and livestock or poultry
raised within the State. These changes are reflected in Sec. 610.22 of
this regulation.
The State Technical Committee is required under section 1261(c) to
include members from a wide variety of natural resource and
agricultural interests. The State Conservationist should ensure that
all interests are adequately represented and heard on the committee and
that recommendations, when adopted, address natural resource concerns.
The committee membership in Sec. 610.22 has been modified, as
described under the summary of provisions below.
To ensure that recommendations of the State Technical Committees
take into account the needs of the diverse groups served by USDA, in
Sec. 610.22, committee membership shall continue to include, to the
extent practicable, individuals with demonstrated ability and skills
concerning natural resource conservation subjects specific to
historically underserved groups and individuals; i.e. minorities,
women, persons with disabilities and socially and economically
disadvantaged groups.
The State Conservationist determines the membership on the State
Technical Committee. Individuals or groups wanting to participate as
members on a State Technical Committee may submit to the State
Conservationist a request that explains their interest and outlines
their relevant credentials for becoming a member of the State Technical
Committee. Decisions of the State Conservationist concerning membership
on the committee are final and are not subject to appeal.
Section 1261 of the 1985 Act provides that each committee is
advisory and has no implementation or enforcement authority. The 2008
Act amendments continue this provision in Section 1262(c)(1). In
paragraph 1262(c)(2), the committees' role is expanded to provide
advice on whether Local Working Groups are addressing State priorities
adopted by the State Conservationist. Section 610.24, Responsibilities
of State Technical Committees, paragraph (c) has been revised to
incorporate this change.
The 2008 Act amendments to Section 1261(b)(1) require the Secretary
to establish standard operating procedures for committees. Standard
operating procedures will be incorporated in NRCS directives made
available to the public through a Federal Register notice, NRCS offices
and the NRCS Web site. The standard operating procedures will outline
items such as: The best practice approach to establishing, organizing,
and effectively utilizing State Technical Committees and Local Working
Groups; direction on publication of meeting notices, agendas, and State
Technical Committee meeting summaries; how to provide feedback on State
Conservationist decisions regarding State Technical Committee
recommendations; and other items as determined by the Chief.
Section 1262(d) exempts State Technical Committees from the
provisions of the Federal Advisory Committee Act. The 2008 Act
clarifies that any Local Working Group shall be considered to be a
subcommittee of the applicable State Technical Committee. Sections
610.21, Purpose and scope, and 610.25, Specialized subcommittees, are
changed to incorporate this statutory provision.
Summary of Provisions
Section 610.21 Purpose and Scope
Section 610.21 is amended to indicate that Local Working Groups, as
well as State Technical Committees, are exempt from the provisions of
the Federal Advisory Committee Act. Prior to the 2008 Act amendments,
the statute expressly exempted only the State Technical Committees from
the Federal Advisory Committee Act, although the Local Working Groups
were, due to their composition of representative of elected officials,
exempt from the Act.
Section 610.22 State Technical Committee Membership
Paragraph (a) of this section is revised to align the membership of
the State Technical Committees with the composition required in Section
2711 of
[[Page 71524]]
the 2008 Act. Statutorily required members continue to include NRCS;
the Farm Service Agency; the U.S. Forest Service; the National
Institute of Food and Agriculture (formerly the Cooperative State
Research Education and Extension Service); the state fish and wildlife
agency; the state forester; the state water resources agency; the state
department of agriculture; the state association of soil and water
conservation districts; agribusiness; and nonprofits with demonstrable
conservation expertise, though they now must have experience in working
with agricultural producers in the State. In addition, owners of
nonindustrial private forest land, as well as agricultural producers
representing the variety of crops and livestock or poultry raised in
the State, are now explicitly identified as being members of the State
Technical Committee. However, agricultural producers are no longer
required to have conservation expertise.
In addition to the statutorily required members, the regulations
also continue to explicitly provide for membership for the state Farm
Service Agency Committee and each federally recognized American Indian
Tribal Government and Alaskan Native Corporation encompassing 100,000
acres or more in the State.
In Sec. 610.22, the Fish and Wildlife Service has been removed
from membership as required by statute. In addition, NRCS has removed
several agencies from required membership because the 2008 Act
eliminated Section 1261(c)(8) from the statute, which had included
``other agency personnel with expertise in soil, water, wetland, and
wildlife management'' as members. These agencies include: USDA Rural
Development; the U.S. Environmental Protection Agency; the Bureau of
Land Management; the Bureau of Indian Affairs; the U.S. Geological
Survey; the Bureau of Reclamation; the Army Corps of Engineers; and the
state coastal zone management agency. However, the State
Conservationist will invite representatives from these and other
relevant Federal and State agencies, as well as the private sector, to
participate as needed.
The regulations do not change paragraph (b) regarding membership of
historically underserved groups and individuals or paragraph (c)
regarding the process by which individuals or groups may request
membership on a State Technical Committee.
Section 610.23 State Technical Committee Meetings
Paragraph (b) is a new provision that addresses the statutory
requirement for NRCS to develop standard operating procedures governing
the operation of State Technical Committees. Specific topics that will
be addressed in the standard operating procedures are identified in the
regulations. The list is not exhaustive and comments are invited on the
content of the standard operating procedures. The standard operating
procedures will be made available to the public in a Federal Register
Notice. The remaining language of Sec. 610.23 has been reorganized,
but has not changed.
Section 610.24 Responsibilities of State Technical Committees
Paragraph (a) is amended in the regulations to clarify that State
Technical Committee members may provide information, analysis and
recommendations not only to NRCS, but to other USDA agencies
responsible for natural resource conservation activities and programs
under Title XII of the 1985 Act. This change is consistent with the
provisions of the 2008 Act.
Paragraph (b) of the regulations is consistent with the language in
Section 1262 (d) of the 2008 Act. The 2008 Act deleted much of the
specific guidance regarding State Technical Committee responsibilities
for making technical recommendations. This change does not limit the
scope of State Technical Committee responsibilities, but recognizes
that State Technical Committee responsibilities should not be limited
to certain specified technical areas.
Paragraph (c) was added to address the language in the 2008 Act
about State Technical Committee authority to review whether Local
Working Groups are addressing State priorities.
Section 610.25 Subcommittees and Local Working Groups
In the current regulations, Sec. 610.25 addresses only specialized
subcommittees of the State Technical Committee. Paragraph (a) of these
interim final regulations retains the language of the current
regulations, but explains that members of Local Working Groups, as well
as members of State Technical Committees, can serve on specialized
subcommittees. The regulations differentiate between recommendations
resulting from Local Working Group meetings and from specialized
subcommittee recommendations in that decisions resulting from Local
Working Group sessions need not be reported in a general session of the
State Technical Committee. NRCS has determined that Local Working Group
recommendations need not be reported in a general session of the State
Technical Committee because, given the number of Local Working Groups
in a state, it will be more efficient for the State Technical
Committees to receive a summary report of the Local Working Groups'
recommendations from the State Conservationist. This reporting
requirement will be included in the standard operating procedures.
Local Working Groups will follow the standard operating procedures and
the public notice requirements.
The intent of paragraph (b) is to ensure the membership of Local
Working Groups is as diverse as that of the State Technical Committees,
but is focused on agricultural interests and natural resource issues
existing in the local community. Paragraph (b) outlines the role of
Local Working Groups and clarifies that they are to provide
recommendations on local natural resource priorities and criteria for
conservation activities and programs.
NRCS invites comments regarding the interaction of Local Working
Groups with State Technical Committees and with NRCS at both the local
and State levels. The NRCS also invites comments regarding the State
Technical Committee review of whether Local Working Groups are
addressing the priorities established by the State Technical Committee.
List of Subjects in 7 CFR Part 610
Soil conservation, State Technical Committee, Technical assistance,
Water resources.
0
For the reasons stated in the preamble, the Natural Resources
Conservation Service amends Part 610 of Title 7 of the Code of Federal
Regulations as follows:
PART 610--TECHNICAL ASSISTANCE
0
1. The authority citation for part 610 continues to read as follows:
Authority: 16 U.S.C. 590a-f, 590q, 2005b, 3861, 3862.
0
2. Subpart C is revised to read as follows:
Subpart C--State Technical Committees
Sec.
610.21 Purpose and scope.
610.22 State Technical Committee membership.
610.23 State Technical Committee meetings.
610.24 Responsibilities of State Technical Committees.
610.25 Subcommittees and Local Working Groups.
[[Page 71525]]
Subpart C--State Technical Committees
Sec. 610.21 Purpose and scope.
This subpart sets forth the procedures for establishing and using
the advice of State Technical Committees. NRCS shall establish in each
State a technical committee to assist in making recommendations
relating to the implementation and technical aspects of natural
resource conservation activities and programs. USDA will use State
Technical Committees in an advisory capacity in the administration of
certain conservation programs and initiatives. Pursuant to 16 U.S.C.
3862(d), these State Technical Committees and Local Working Groups are
exempt from the provisions of the Federal Advisory Committee Act (5
U.S.C. App. 2).
Sec. 610.22 State Technical Committee membership.
(a) State Technical Committees shall include agricultural
producers, nonindustrial private forest land owners, and other
professionals who represent a variety of disciplines in soil, water,
wetlands, plant, and wildlife sciences. The State Conservationist in
each State will serve as chairperson. The State Technical Committee for
each State shall include representatives from among the following:
(1) NRCS, USDA;
(2) Farm Service Agency, USDA;
(3) State Farm Service Agency Committee, USDA;
(4) Forest Service, USDA;
(5) National Institute of Food and Agriculture, USDA;
(6) Each of the Federally recognized American Indian Tribal
Governments and Alaskan Native Corporations encompassing 100,000 acres
or more in the State;
(7) State departments and agencies within the State, including the:
(i) Fish and wildlife agency;
(ii) Forestry agency;
(iii) Water resources agency;
(iv) Department of agriculture;
(v) Association of soil and water conservation districts; and
(vi) Soil and water conservation agency;
(8) Agricultural producers representing the variety of crops and
livestock or poultry raised within the State;
(9) Owners of nonindustrial private forest land;
(10) Nonprofit organizations, within the meaning of section
501(c)(3) of the Internal Revenue Code of 1986, with demonstrable
conservation expertise and experience working with agriculture
producers in the State; and
(11) Agribusiness.
(b) The State Conservationist will invite other relevant Federal
agencies, and persons knowledgeable about economic and environmental
impacts of conservation techniques and programs to participate as
needed.
(c) To ensure that recommendations of the State Technical
Committees take into account the needs of the diverse groups served by
the USDA, membership shall include, to the extent practicable,
individuals with demonstrated ability to represent the conservation and
related technical concerns of particular historically underserved
groups and individuals; i.e., minorities, women, persons with
disabilities and socially and economically disadvantaged groups.
(d) In accordance with the guidelines in paragraphs (a), (b) and
(c) of this section, the State Conservationist establishes membership
on the State Technical Committee. Individuals or groups wanting to
participate on a State Technical Committee within a specific State may
submit to the State Conservationist of that particular State a request
that explains their interest and outlines their credentials which they
believe are relevant to becoming a member of the State Technical
Committee. Decisions of the State Conservationist concerning membership
on the committee are final and not appealable to any other individual
or group within USDA.
Sec. 610.23 State Technical Committee meetings.
(a) The State Conservationist, as Chairperson, schedules and
conducts the meetings, although a meeting may be requested by any USDA
agency as needed.
(b) NRCS shall establish and publish in a Federal Register notice
national standard operating procedures governing the operation of State
Technical Committees and Local Working Groups. The standard operating
procedures will outline items such as: The best practice approach to
establishing, organizing, and effectively utilizing State Technical
Committees and Local Working Groups; direction on publication of State
Technical Committee and Local Working Group meeting notices and
agendas; State Technical Committee meeting summaries; how to provide
feedback on State Conservationist decisions regarding State Technical
Committee recommendations; and other items as determined by the Chief
of NRCS.
(c) In addition to the standard operating procedures established
under paragraph (b) of this section, the State Conservationist shall
provide public notice of and allow public attendance at State Technical
Committee and Local Working Group meetings. The State Conservationist
shall publish a meeting notice no later than 14 calendar days prior to
the meeting. Notification may exceed this 14-day minimum where State
open meeting laws exist and provide for a longer notification period.
This minimum 14-day notice requirement may be waived in the case of
exceptional conditions, as determined by the State Conservationist. The
State Conservationist shall publish this notice in at least one or more
newspaper(s), including recommended Tribal publications, to attain
statewide circulation.
Sec. 610.24 Responsibilities of State Technical Committees.
(a) Each State Technical Committee established under this subpart
shall meet on a regular basis, as determined by the State
Conservationist, to provide information, analysis, and recommendations
to appropriate officials of the Department of Agriculture who are
charged with implementing and establishing priorities and criteria for
natural resources conservation activities and programs under Title XII
of the Food Security Act of 1985, including: the Conservation Reserve
Program, Wetlands Reserve Program, Conservation Security Program,
Conservation Stewardship Program, Farm and Ranch Lands Protection
Program, Grassland Reserve Program, Environmental Quality Incentives
Program, Conservation Innovation Grants, Agricultural Water Enhancement
Program, Conservation of Private Grazing Land, Wildlife Habitat
Incentive Program, Grassroots Source Water Protection Program, Great
Lakes Basin Program, Chesapeake Bay Watershed Program, and the
Voluntary Public Access and Habitat Incentive Program. Such
recommendations may include but are not limited to recommendations
about:
(1) The criteria to be used in prioritizing program applications;
(2) The state-specific application criteria; and
(3) Priority natural resource concerns in the state.
(b) The role of the State Technical Committee is advisory in nature
and the committee shall have no implementation or enforcement
authority. The implementing agency reserves the authority to accept or
reject the Committee's recommendations. However, the implementing USDA
agency shall give strong consideration to
[[Page 71526]]
the State Technical Committee's recommendations.
(c) State Technical Committees shall review whether Local Working
Groups are addressing State priorities.
Sec. 610.25 Subcommittees and Local Working Groups.
(a) Subcommittees. In some situations, specialized subcommittees,
made up of State Technical Committee members, may be needed to analyze
and examine specific issues. The State Conservationist may assemble
certain members, including members of Local Working Groups, to discuss,
examine, and focus on a particular technical or programmatic topic. The
subcommittee may seek public participation, but it is not required to
do so. Nevertheless, recommendations resulting from these subcommittee
sessions, other than sessions of Local Working Groups, shall be made
only in a general session of the State Technical Committee where the
public is notified and invited to attend. Decisions resulting from
recommendations of Local Working Groups will be communicated to NRCS in
accordance with the standard operating procedures described in Sec.
610.23(b).
(b) Local Working Groups. (1) A Local Working Group shall be
composed of conservation district officials, agricultural producers
representing the variety of crops and livestock or poultry raised
within the local area, nonindustrial private forest land owners, and
other professionals representing relevant agricultural and conservation
interests and a variety of disciplines in the soil, water, plant,
wetland, and wildlife sciences who are familiar with private land
agricultural and natural resource issues in the local community;
(2) Local Working Groups provide recommendations on local natural
resource priorities and criteria for conservation activities and
programs.
(3) The Local Working Groups will follow the standard operating
procedures described in Sec. 610.23(b) and the public notice
requirements set forth in Sec. 610.23(c).
Arlen L. Lancaster,
Chief, Natural Resources Conservation Service.
[FR Doc. E8-27657 Filed 11-24-08; 8:45 am]
BILLING CODE 3410-16-P
