Environmental Quality Incentives Program Correction, 10674-10676 [E9-5087]

Download as PDF 10674 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations further the Nation’s efforts with renewable energy production, energy conservation, mitigating the effects of climate change, facilitating climate change adaptation, or reducing net carbon emissions. For further information on these subjects you may wish to look at the following Web site: http://www.koshland-sciencemuseum.org/exhibitgcc/. For the reasons stated in the preamble, the NRCS amends part 636 of Title 7 of the Code of Federal Regulations as set forth below: ■ PART 636—WILDLIFE HABITAT INCENTIVE PROGRAM 1. The authority citation for part 636 continues to read as follows: ■ Authority: 16 U.S.C. 3839bb–1. 2. Section 636.4 is amended by revising paragraph (a)(11) to read as follows: * * * * * ■ § 636.4 Program requirements. * * * * * (a) * * * (11) With regard to any person or legal entity that utilizes a unique identification number as an alternative to a tax identification number, the person or legal entity will utilize only that identifier for any and all other WHIP cost-share agreements to which the person or legal entity is party. Violators will be considered to have provided fraudulent representation and be subject to the full penalties of § 638.13 of this part. * * * * * 3. Section 636.7 is amended by revising paragraph (f) to read as follows: ■ § 636.7 Cost-share payments. * * * * (f) Payments made or attributed to a person or legal entity, directly or indirectly, may not exceed in the aggregate, $50,000 per year. * * * * * cprice-sewell on PRODPC61 with RULES * Signed this 4th day of March 2009, in Washington, DC. Dave White, Acting Vice President, Commodity Credit Corporation and Acting Chief, Natural Resources Conservation Service. [FR Doc. E9–5083 Filed 3–11–09; 8:45 am] BILLING CODE 3410–16–P VerDate Nov<24>2008 13:20 Mar 11, 2009 Jkt 217001 DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1465 RIN 0578–AA50 Agricultural Management Assistance Program Correction AGENCY: Commodity Credit Corporation, United States Department of Agriculture. ACTION: Interim final rule; correction. SUMMARY: The Commodity Credit Corporation (CCC) published in the Federal Register of November 20, 2008, an interim final rule with request for comment amending the program regulations for the Agricultural Management Assistance (AMA) Program to incorporate programmatic changes authorized by the Food, Conservation, and Energy Act of 2008 (2008 Act). The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect and is inconsistent with payment attributions specified in the regulation which governs payment limitations and eligibility determinations for CCC-funded programs. This document corrects that language. DATES: This correction is effective on March 12, 2009. FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial Assistance Programs Division, U.S. Department of Agriculture, Natural Resources Conservation Service, Room 5237, P.O. Box 2890, Washington, DC 20013–2890; Phone: (202) 720–1845; Fax: (202) 720–4265. SUPPLEMENTARY INFORMATION: The CCC published an interim final rule in the Federal Register of November 20, 2008 (73 FR 70245), amending the program regulations for the AMA found at 7 CFR part 1465. The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect. The AMA interim final rule inadvertently applied the $50,000 annual payment limitation to joint operations, by applying the payment limitation to the term ‘‘participants,’’ which is defined to include ‘‘joint operations.’’ A joint operation is composed of members who may be either persons or legal entities. As specified under 7 CFR part 1400, payment limitations are determined on a pro-rata basis in accordance with the ‘‘interest held by the person or legal entity in any other legal entity or joint operation.’’ Based on how joint PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 operations are characterized in part 1400.106, the $50,000 annual payment limit applies to each person or legal entity that comprises the joint operation. Within the preamble of 7 CFR part 1465, the discussion on payment limitation should apply solely to persons or legal entities. CCC deletes the preamble’s references to payment limitations applying to joint operations. ■ For the reasons stated in the preamble, the CCC amends part 1465 of Title 7 of the Code of Federal Regulations as set forth below: PART 1465—AGRICULTURAL MANAGEMENT ASSISTANCE 1. The authority citation for part 1465 continues to read as follows: ■ Authority: 7 U.S.C. 1524(b). 2. Section 1465.23 is amended by revising paragraph (d) to read as follows: ■ § 1465.23 Payments. * * * * * (d) The total amount of payments paid to a person or legal entity under this part may not exceed $50,000 for any fiscal year. * * * * * Signed this 4th day of March, 2009, in Washington, DC. Dave White, Acting Vice President, Commodity Credit Corporation and Acting Chief, Natural Resources Conservation Service. [FR Doc. E9–5093 Filed 3–11–09; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1466 RIN 0578–AA45 Environmental Quality Incentives Program Correction AGENCY: Commodity Credit Corporation, Natural Resources Conservation Service, United States Department of Agriculture. ACTION: Interim final rule; correction; extension of comment period. SUMMARY: The Commodity Credit Corporation (CCC) published in the Federal Register of January 15, 2009, an interim final rule with request for comment amending the program regulations for the Environmental Quality Incentives Program (EQIP) to incorporate programmatic changes authorized by the Food, Conservation, E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations cprice-sewell on PRODPC61 with RULES and Energy Act of 2008 (2008 Act). The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect and is inconsistent with payment attributions specified in the regulation which governs payment limitations and eligibility determinations for CCC-funded programs. This document corrects that language. CCC is also using the opportunity presented by this rulemaking to extend the comment period and ask for public input on key programmatic implementation questions. DATES: This correction is effective on March 12, 2009. Submit comments on or before April 17, 2009. The comment period for the EQIP Interim Final Rule published on January 15, 2009 (74 FR 2293) is hereby extended and comments must be received on or before April 17, 2009. Additionally, NRCS has reopened and extended the public comment period for the Environmental Analysis (EA) and Finding of No Significant Impact (FONSI) until April 17, 2009. A copy of the EA and FONSI may be obtained, and comments submitted, as provided for in the January 15, 2009, EQIP interim final rule. FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial Assistance Programs Division, U.S. Department of Agriculture, Natural Resources Conservation Service, Room 5237, P.O. Box 2890, Washington, DC 20013–2890; Phone: (202) 720–1845; Fax: (202) 720–4265. SUPPLEMENTARY INFORMATION: The CCC published an interim final rule in the Federal Register of January 15, 2009 (74 FR 2293), amending the program regulations for EQIP found at 7 CFR part 1466. The language in the interim final rule regarding the application of the payment limitation to joint operations was incorrect. The EQIP interim final rule inadvertently applied the $300,000 payment limitation to joint operations. A joint operation is composed of members who may be either persons or legal entities. As specified under 7 CFR part 1400, payment limitations are determined on a pro-rata basis in accordance with the ‘‘interest held by the person or legal entity in any other legal entity or joint operation.’’ Based on how joint operations are characterized in part 1400.106, the $300,000 payment limit applies to each person or legal entity that comprises the joint operation. Within the preamble of 7 CFR part 1466, the discussion on payment limitation should apply solely to persons or legal entities. References in VerDate Nov<24>2008 13:20 Mar 11, 2009 Jkt 217001 that preamble to payment limitations on joint operations are hereby deleted. Request for Public Input USDA furthers the Nation’s ability to increase renewable energy production and conservation, mitigate the effects and adapt to climate change, and reduce net carbon and greenhouse gas (GHG) emissions through various assistance programs. USDA is increasing renewable energy production through facilitating the availability, adoption, and use of wind, solar, and biofuel energy sources. USDA encourages renewable energy production by funding biofuel technology transfer under Conservation Innovation Grants and through facilitating wind and solar power generation facilities for on-farm use on conservation lands under the Conservation Reserve Program and the Grassland Reserve Program. Energy conservation is improved through more efficient equipment and processes. EQIP fosters energy conservation on farms and ranches by promoting efficient water irrigation systems, no-till, and nutrient management and promoting renewable energy production by installing solargenerated electric fences. The effects of climate change can be mitigated through improving the adaptability of ecosystems and flexibility of agricultural management systems, including reductions in GHG emissions. The Wildlife Habitat Incentive Program improves ecosystem adaptability by enhancing wildlife habitat biodiversity, and the Agricultural Management Assistance program promotes flexible management system through integrated pest management. Climate change adaptation occurs through the adoption of alternative management systems which respond to changes such as decreasing precipitation, longer growing seasons, and increasing vulnerability to pest damage. USDA conservation programs, such as the Agricultural Water Enhancement Program, encourage the adoption of water conservation systems and dry land farming. Net carbon emissions can be reduced by reducing fossil fuel use or increasing the land’s carbon storage capacity. USDA conservation programs, such as EQIP, assist participants with reducing fossil fuel use through no-till and other conservation tillage cropping systems which require fewer trips over a field with a tractor. The Wetlands Reserve Program and Healthy Forests Reserve Program sequester carbon by encouraging agricultural land PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 10675 reforestation. The Conservation Stewardship Program encourages practices that improve soil carbon storage. While much is underway, USDA has adopted a proactive strategy to increase its ability to meet these critical National needs. Therefore, CCC is using this rulemaking opportunity to obtain input from the public on how EQIP can achieve its program purposes and further the Nation’s efforts with renewable energy production, energy conservation, mitigating the effects of climate change, facilitating climate change adaptation, or reducing net carbon emissions. For further information on these subjects you may wish to look at the following Web site: http://www.koshland-sciencemuseum.org/exhibitgcc/. For the reasons stated in the preamble, the CCC amends part 1466 of Title 7 of the Code of Federal Regulations as set forth below: ■ PART 1466—ENVIRONMENTAL QUALITY INCENTIVES PROGRAM 1. The authority citation for part 1466 continues to read as follows: ■ Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3839aa–3839aa–8. 2. Amend § 1466.24 by revising paragraphs (a), (b), and (c) to read as follows: ■ § 1466.24 EQIP Payments. (a) Except for contracts entered into prior to October 1, 2008, or as provided in paragraph (b) of this section, the total amount of payments paid to a person or legal entity under this Part may not exceed an aggregate of $300,000, directly or indirectly, for all contracts, including prior year contracts, entered into during any 6-year period. For the purpose of applying this requirement, the 6-year period will include those payments made in fiscal years 2009– 2014. Payments received for technical assistance shall be excluded from this limitation. (b) The Chief may waive the $300,000 payment limitation, allowing up to $450,000 per person or legal entity for projects of special environmental significance, as defined in § 1466.21(d). (c) Payments for conservation practices related to organic production to a person or legal entity, directly or indirectly, may not exceed in aggregate $20,000 per year or $80,000 during any 6-year period. * * * * * E:\FR\FM\12MRR1.SGM 12MRR1 10676 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations Signed this 4th day of March 2009, in Washington, DC. Dave White, Acting Vice President, Commodity Credit Corporation and Acting Chief, Natural Resources Conservation Service. [FR Doc. E9–5087 Filed 3–11–09; 8:45 am] BILLING CODE 3410–16–P FEDERAL ELECTION COMMISSION 11 CFR Parts 100, 104 and 110 [Notice 2009–03] Reporting Contributions Bundled by Lobbyists, Registrants and the PACs of Lobbyists and Registrants Correction In rule document E9–2838 beginning on page 7285 in the issue of Tuesday, February 17, 2009 make the following correction: On page 7288, in the third column, in the first paragraph, in the second line, ‘‘are given, they must d’’ should read ‘‘are given, they must disclose applicable contributions of the PAC on their semi-annual reports.’’. [FR Doc. Z9–2838 Filed 3–11–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2009–0053; Airspace Docket No. 09–ASO–11] Modification of Class D and E Airspace, Removal of Class E Airspace; Aguadilla, PR cprice-sewell on PRODPC61 with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. SUMMARY: This action modifies Class D Airspace, modifies Class E airspace designated as an extension to Class D surface area and removes Class E airspace designated as surface area for an airport at Aguadilla, PR. The Rafael Hernandez Airport Air Traffic Control Tower will now operate on a full-time basis, thus the associated controlled airspace is being modified and removed to reflect the change. This action enhances the National Airspace System by providing controlled airspace in the vicinity of Aguadilla, PR. DATES: Effective 0901 UTC, May 7, 2009. The Director of the Federal Register VerDate Nov<24>2008 13:20 Mar 11, 2009 Jkt 217001 approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before April 27, 2009. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001; Telephone: 1–800– 647–5527; Fax: 202–493–2251. You must identify the Docket Number FAA– 2009–0053; Airspace Docket No. 09– ASO–11, at the beginning of your comments. You may also submit and review received comments through the Internet at http://www.regulations.gov. You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support Group, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; Telephone (404) 305–5610, Fax 404–305–5572. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the Federal Register indicating that no adverse or negative comments were received and confirming the effective date. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 direct final rule will be published in the Federal Register, and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. The direct final rule is used in this case to facilitate the timing of the charting schedule and enhance the operation at the airport, while still allowing and requesting public comment on this rulemaking action. An electronic copy of this document may be downloaded from and comments submitted through http:// www.regulations.gov. Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the website. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Recently published rulemaking documents can also be accessed through the FAA’s web page at http:// www.faa.gov/airports_airtraffic/ air_traffic/publications/ airspace_amendments/. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter’s ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ’’Comments to Docket No. FAA–2009–0053; Airspace Docket No. 09–ASO–11.’’ The postcard will be date stamped and returned to the commenter. The Rule The FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 by modifying the Class D and E airspace descriptions at Aguadilla, PR to reflect the change to full-time operations of the Air Traffic Control Tower of the Rafael E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Pages 10674-10676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5087]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1466

RIN 0578-AA45


Environmental Quality Incentives Program Correction

AGENCY: Commodity Credit Corporation, Natural Resources Conservation 
Service, United States Department of Agriculture.

ACTION: Interim final rule; correction; extension of comment period.

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

SUMMARY: The Commodity Credit Corporation (CCC) published in the 
Federal Register of January 15, 2009, an interim final rule with 
request for comment amending the program regulations for the 
Environmental Quality Incentives Program (EQIP) to incorporate 
programmatic changes authorized by the Food, Conservation,

[[Page 10675]]

and Energy Act of 2008 (2008 Act). The language in the interim final 
rule regarding the application of the payment limitation to joint 
operations was incorrect and is inconsistent with payment attributions 
specified in the regulation which governs payment limitations and 
eligibility determinations for CCC-funded programs. This document 
corrects that language. CCC is also using the opportunity presented by 
this rulemaking to extend the comment period and ask for public input 
on key programmatic implementation questions.

DATES: This correction is effective on March 12, 2009. Submit comments 
on or before April 17, 2009. The comment period for the EQIP Interim 
Final Rule published on January 15, 2009 (74 FR 2293) is hereby 
extended and comments must be received on or before April 17, 2009. 
Additionally, NRCS has reopened and extended the public comment period 
for the Environmental Analysis (EA) and Finding of No Significant 
Impact (FONSI) until April 17, 2009. A copy of the EA and FONSI may be 
obtained, and comments submitted, as provided for in the January 15, 
2009, EQIP interim final rule.

FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Director, Financial 
Assistance Programs Division, U.S. Department of Agriculture, Natural 
Resources Conservation Service, Room 5237, P.O. Box 2890, Washington, 
DC 20013-2890; Phone: (202) 720-1845; Fax: (202) 720-4265.

SUPPLEMENTARY INFORMATION: The CCC published an interim final rule in 
the Federal Register of January 15, 2009 (74 FR 2293), amending the 
program regulations for EQIP found at 7 CFR part 1466. The language in 
the interim final rule regarding the application of the payment 
limitation to joint operations was incorrect. The EQIP interim final 
rule inadvertently applied the $300,000 payment limitation to joint 
operations. A joint operation is composed of members who may be either 
persons or legal entities. As specified under 7 CFR part 1400, payment 
limitations are determined on a pro-rata basis in accordance with the 
``interest held by the person or legal entity in any other legal entity 
or joint operation.'' Based on how joint operations are characterized 
in part 1400.106, the $300,000 payment limit applies to each person or 
legal entity that comprises the joint operation. Within the preamble of 
7 CFR part 1466, the discussion on payment limitation should apply 
solely to persons or legal entities. References in that preamble to 
payment limitations on joint operations are hereby deleted.

Request for Public Input

    USDA furthers the Nation's ability to increase renewable energy 
production and conservation, mitigate the effects and adapt to climate 
change, and reduce net carbon and greenhouse gas (GHG) emissions 
through various assistance programs.
    USDA is increasing renewable energy production through facilitating 
the availability, adoption, and use of wind, solar, and biofuel energy 
sources. USDA encourages renewable energy production by funding biofuel 
technology transfer under Conservation Innovation Grants and through 
facilitating wind and solar power generation facilities for on-farm use 
on conservation lands under the Conservation Reserve Program and the 
Grassland Reserve Program.
    Energy conservation is improved through more efficient equipment 
and processes. EQIP fosters energy conservation on farms and ranches by 
promoting efficient water irrigation systems, no-till, and nutrient 
management and promoting renewable energy production by installing 
solar-generated electric fences.
    The effects of climate change can be mitigated through improving 
the adaptability of ecosystems and flexibility of agricultural 
management systems, including reductions in GHG emissions. The Wildlife 
Habitat Incentive Program improves ecosystem adaptability by enhancing 
wildlife habitat biodiversity, and the Agricultural Management 
Assistance program promotes flexible management system through 
integrated pest management.
    Climate change adaptation occurs through the adoption of 
alternative management systems which respond to changes such as 
decreasing precipitation, longer growing seasons, and increasing 
vulnerability to pest damage. USDA conservation programs, such as the 
Agricultural Water Enhancement Program, encourage the adoption of water 
conservation systems and dry land farming.
    Net carbon emissions can be reduced by reducing fossil fuel use or 
increasing the land's carbon storage capacity. USDA conservation 
programs, such as EQIP, assist participants with reducing fossil fuel 
use through no-till and other conservation tillage cropping systems 
which require fewer trips over a field with a tractor. The Wetlands 
Reserve Program and Healthy Forests Reserve Program sequester carbon by 
encouraging agricultural land reforestation. The Conservation 
Stewardship Program encourages practices that improve soil carbon 
storage.
    While much is underway, USDA has adopted a proactive strategy to 
increase its ability to meet these critical National needs. Therefore, 
CCC is using this rulemaking opportunity to obtain input from the 
public on how EQIP can achieve its program purposes and further the 
Nation's efforts with renewable energy production, energy conservation, 
mitigating the effects of climate change, facilitating climate change 
adaptation, or reducing net carbon emissions. For further information 
on these subjects you may wish to look at the following Web site: 
http://www.koshland-science-museum.org/exhibitgcc/.

0
For the reasons stated in the preamble, the CCC amends part 1466 of 
Title 7 of the Code of Federal Regulations as set forth below:

PART 1466--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM

0
1. The authority citation for part 1466 continues to read as follows:


    Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3839aa-3839aa-8.

0
2. Amend Sec.  1466.24 by revising paragraphs (a), (b), and (c) to read 
as follows:


Sec.  1466.24  EQIP Payments.

    (a) Except for contracts entered into prior to October 1, 2008, or 
as provided in paragraph (b) of this section, the total amount of 
payments paid to a person or legal entity under this Part may not 
exceed an aggregate of $300,000, directly or indirectly, for all 
contracts, including prior year contracts, entered into during any 6-
year period. For the purpose of applying this requirement, the 6-year 
period will include those payments made in fiscal years 2009-2014. 
Payments received for technical assistance shall be excluded from this 
limitation.
    (b) The Chief may waive the $300,000 payment limitation, allowing 
up to $450,000 per person or legal entity for projects of special 
environmental significance, as defined in Sec.  1466.21(d).
    (c) Payments for conservation practices related to organic 
production to a person or legal entity, directly or indirectly, may not 
exceed in aggregate $20,000 per year or $80,000 during any 6-year 
period.
* * * * *


[[Page 10676]]


    Signed this 4th day of March 2009, in Washington, DC.
Dave White,
Acting Vice President, Commodity Credit Corporation and Acting Chief, 
Natural Resources Conservation Service.
 [FR Doc. E9-5087 Filed 3-11-09; 8:45 am]
BILLING CODE 3410-16-P