Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-09-21.xml --- 69 182 Tuesday, September 21, 2004 Contents Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration See Natural Resources Conservation Service Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Anthrax lethal factor; small molecule inhibitors identification; correction, 56480 C4-20521 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 56429-56430 04-21170 Meetings:

National Institute for Occupational Safety and Health— Scientific Counselors Board, 56430 04-21169 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56430-56432 04-21027 04-21028 Coast Guard Coast Guard PROPOSED RULES Drawbridge operations: Wisconsin, 56379-56381 04-21136 NOTICES Reports and guidance documents; availability, etc.:

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California, 56355-56357 04-21179 Nevada, 56351-56355 04-21064 Solid waste: Hazardous waste; identification and listing— Exclusions, 56357-56363 04-21185 State underground storage tank program approvals— Missouri, 56363-56364 04-21183 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 56381-56382 04-21180 Solid waste: Hazardous waste; identification and listing— Exclusions; withdrawn, 56382 04-21181 Superfund program: Landowner liability protection; standards for conducting appropriate inquiries into previous ownership, uses, and environmental conditions of property Meetings, 56382-56383 04-21182 Water programs:

Pollutants analysis test procedures; guidelines— Detection and quantitation procedures; stakeholder process; correction, 56480 C4-20795 NOTICES Agency information collection activities; proposals, submissions, and approvals, 56424-56425 04-21186 Meetings: U.S. Government Representative to Commission for Environmental Cooperation— National and Governmental Advisory Committees, 56426 04-21187 World Trade Center Expert Technical Review Panel, 56426-56427 04-21189 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Cessna; correction, 56480 C4-18554 McDonnell Douglas; correction, 56480 C4-20015 Airworthiness standards: Special conditions— Cessna 206H and T206H airplanes, 56348-56351 04-21138 PROPOSED RULES Airworthiness directives: Boeing, 56375-56377 04-21176 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations: North Carolina, 56383-56384 04-21156 NOTICES Disaster and emergency areas: American Samoa, 56450 04-21152 Florida, 56450 04-21153 North Carolina, 56450-56451 04-21154 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:

Duke Power, 56424 E4-2275 *Applications, hearings, determinations, etc.:* American Electric Power Service Corp. et al., 56420 E4-2276 El Paso Natural Gas Co., 56420 E4-2274 Enbridge Pipelines (AlaTenn) L.L.C., 56420-56421 E4-2270 Enbridge Pipelines (KPC), 56421-56422 E4-2272 Enbridge Pipelines (Midla) L.L.C., 56421 E4-2271 Enogex Inc., 56422 E4-2266 Northern Natural Gas Co., 56422-56423 E4-2267 E4-2269 OkTex Pipeline Co., 56423 E4-2268 Saltville Gas Storage Co. L.L.C., 56423-56424 E4-2273 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses:

A.T.I., U.S.A., Inc., et al., 56427-56428 04-21213 Access Freight Forwarders, Inc., et al., 56428 04-21214 Boats International Inc. et al., 56428 04-21215 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Exemption applications— Werner Enterprises, Inc., 56474-56477 04-21139 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56477-56478 04-21140 Fish Fish and Wildlife Service RULES Endangered and threatened species:

Tinian monarch; removal from list, 56367-56373 04-20700 NOTICES Environmental statements; availability, etc.: Incidental take permits— Douglas County, CO; Preble's meadow jumping mouse, 56455-56456 04-21171 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Hood/Willamette, 56404 04-21167 Ravalli County, 56404 04-21133 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Committees; establishment, renewal, termination, etc.: Grain Inspection Advisory Committee, 04-21082 56404-56405 04-21083 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department RULES Health care programs; fraud and abuse:

Healthcare Integrity and Protection Data Bank; data collection reporting requirements, 56364-56367 04-21204 NOTICES Meetings: Medicare Trustee Reports Technical Advisory Panel, 56429 04-21205 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56432-56433 04-21130 Organization, functions, and authority delegations: Planning and Evaluation Office et al., 56433-56445 04-21131 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56451-56453 04-21150 04-21151 Grant and cooperative agreement awards:

Community Development Work Study Program, 56453-56454 E4-2277 Tribal Colleges and Universities Program, 56454-56455 E4-2282 Inspector Inspector General Office, Health and Human Services Department RULES Health care programs; fraud and abuse: Healthcare Integrity and Protection Data Bank; data collection reporting requirements, 56364-56367 04-21204 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 56455 04-21313 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Procedure and administration:

Timely mailing of documents and payments treated as timely filing and paying, 56377-56379 04-21218 International International Trade Administration NOTICES Antidumping: Fresh garlic from— China, 56405-56406 E4-2286 Polyethylene terephthalate film, sheet, and strip from— India, 56406-56407 E4-2284 Tissue and crepe paper products from— China, 56407-56419 E4-2285 International International Trade Commission NOTICES Import investigations: Carbon and alloy steel wire rod from— Canada, 56458-56459 04-21259 Semiconductor devices and products containing same, 56459-56460 04-21192 Stainless steel sheet and strip from— Various countries, 56460-56461 04-21143 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:

Montana, 56456-56457 04-21129 Committees; establishment, renewal, termination, etc.: Resource Advisory Councils— Front Range, 56457 04-21128 Motor vehicle use restrictions: New Mexico, 56457 04-21127 Millennium Millennium Challenge Corporation NOTICES Meetings, 56461 04-21191 National National Council on Disability NOTICES Meetings: International Watch Advisory Committee, 56461-56462 04-21203 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 56462 04-21250 National National Institute for Literacy NOTICES Meetings:

Advisory Board, 56462 04-21134 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 56373-56374 04-21210 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska pollock and Pacific cod, 56384-56403 04-21217 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 56549-56657 04-20888 National Park National Park Service NOTICES National Register of Historic Places:

Pending nominations, 56457-56458 04-21132 NRCS Natural Resources Conservation Service RULES Long term contracting: Equitable relief from ineligibility, 56345-56348 04-20783 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* National Institute of Standards and Technology, 56462-56464 04-21149 Nuclear Nuclear Waste Technical Review Board NOTICES Meetings: Yucca Mountain, NV, 56464 04-21178 Patent Patent and Trademark Office RULES Practice and procedure: 21st Century Strategic Plan; implementation, 56481-56547 04-20936 Personnel Personnel Management Office NOTICES Health benefits, Federal employees:

Medically underserved areas (2005 CY), 56464-56465 04-21165 Meetings: Federal Prevailing Rate Advisory Committee, 56465 04-21166 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Citizenship Day and Constitution Week (Proc. 7817), 56663-56664 04-21354 National Hispanic Heritage Month (Proc. 7816), 56659-56662 04-21353 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E4-2260 56465-56467 E4-2261 E4-2262 E4-2263 E4-2264 Meetings;

Sunshine Act, 56467 04-21135 Self-regulatory organizations; proposed rule changes: Fixed Income Clearing Corp., 56467-56468 E4-2278 National Association of Securities Dealers, Inc., 56468-56470 E4-2279 OneChicago, LLC, 56470-56472 E4-2265 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56472 04-21216 Loan programs: Secondary Market Loan Pooling Program, 56472-56473 04-21126 Surface Surface Transportation Board NOTICES Meetings;

Sunshine Act, 56478 04-21288 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56451 04-21141 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Commerce Department, Patent and Trademark Office, 56481-56547 04-20936 Part III Commerce Department, National Oceanic and Atmospheric Administration, 56549-56657 04-20888 Part IV Executive Office of the President, Presidential Documents, 56659-56664 04-21354 04-21353 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 182 Tuesday, September 21, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 635 RIN 0578-AA16 NRCS Procedures for Granting Equitable Relief AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule. SUMMARY: The Natural Resources Conservation Service (NRCS), United States Department of Agriculture

(USDA)issues its final rule implementing the equitable relief authority and the procedures set forth at Section 1613 of the Farm Security and Rural Investment Act of 2002 (the 2002 Act), relating to relief for participants for covered programs administered by NRCS. The relief applies to cases where the applicant for relief took action to the applicant's detriment based on action or advice from departmental officials. This rule also addresses situations where the participant simply, but in good faith, failed to fully comply with program requirements. The rule implements Section 1613 as it applies to NRCS administered conservation programs. DATES: Effective October 21, 2004. ADDRESSES: This final rule can be accessed via the internet. Users can access the NRCS homepage at: *http://www.nrcs.usda.gov/.* FOR FURTHER INFORMATION CONTACT: Beth A. Schuler, Conservation Planning and Technical Assistance Division, Room 6103A-S, 1400 Independence Ave, SW. 103, Washington, DC 20250. Telephone:

(202)720-8851. e-mail: *beth.schuler@usda.gov.* 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). SUPPLEMENTARY INFORMATION: Notice and Comment Section 1601(c) of the 2002 Act requires that the regulations needed to implement Title I of the 2002 Act are to be promulgated without regard to the notice and comment provisions of 5 U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 FR 13804) relating to notices of proposed rulemaking and public participation in rulemaking. Accordingly, these regulations are issued as final. Executive Order 12866 This final rule has been determined to be not significant under Executive Order 12866 and has not been reviewed by the Office of Management and Budget (OMB). Federal Assistance Programs This rule has a potential impact on all programs listed in the Catalog of Federal Domestic Assistance in the Agency Program Index under the Department of Agriculture, Farm Service Agency and Natural Resources Conservation Service. Other assistance programs are also affected. Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this rule because neither the Secretary of Agriculture nor NRCS are required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the subject matter of this rule. Environmental Assessment The environmental impacts of this rule have been considered in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 *et seq.,* and NRCS has concluded that promulgation of this rule is categorically excluded from NEPA's requirement from an environmental impact analysis under the Department of Agriculture regulations, 7 CFR 1b.3(a)(1). Actions implemented under this rule fall in the category of policy development, planning and implementation which relates to routine activities and similar administrative functions and no circumstances exist that would require preparation of an environmental assessment or environmental impact statement. Executive Order 12778 The final rule has been reviewed in accordance with Executive Order 12778. This final rule preempts State laws that are inconsistent with its provisions. Before a judicial action may be brought concerning this rule, all administrative remedies must be exhausted. Unfunded Mandates The provisions of Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)do not apply to this rule because neither the Secretary of Agriculture nor NRCS are required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the subject matter of this rule. Also, the rule imposes no mandates as defined in UMRA. Small Business Regulatory Enforcement Fairness Act of 1996 Section 1601(c) of the 2002 Act requires that the regulations necessary to implement Title I of the 2002 Act must be issued within 90 days of enactment and that such regulations shall be issued without regard to the notice and comment provisions of 5 U.S.C. 553. Section 1601(c) further requires that the Secretary use the authority in section 808 of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121 (SBREFA), which allows an agency to forgo SBREFA's usual 60-day congressional review delay of the effective date of a major regulation if the agency finds that there is a good cause to make the regulation effective in less than 60 days. Since this regulation is neither major nor significant, it is therefore not subject to the SBREFA 60-day requirement. Accordingly, this rule is effective 30 days after publication in the **Federal Register** . Paperwork Reduction Act Section 2702 of the 2002 Act requires that the implementation of this provision be carried out without regard to the Paperwork Reduction Act, Chapter 35 of title 44, United States Code. Therefore, NRCS is not reporting recordkeeping or estimated paperwork burden associated with this final rule. Government Paperwork Elimination Act NRCS is committed to compliance with the Government Paperwork Elimination Act as well as continued pursuit of providing all services electronically when practicable. This rule requires that a program participant must make a written request for equitable relief for a program administered by NRCS. In part, this rule lends itself to electronic request and submission. To that end, NRCS and the Farm Services Agency

(FSA)are jointly pursuing the development an application that will allow program participants to apply for equitable relief online. It will also enable both FSA and NRCS to manage the requests and reporting aspects electronically. Discussion of the Rule Part 635—Equitable Relief From Ineligibility Section 635.1 Definitions and Abbreviations This section sets forth the statutory definitions provided in Section 1613(a). Specifically, section 635.2 defines “agricultural commodity” as any agricultural commodity, food, feed, fiber, or livestock that is subject to a “covered program.” The rule defines “participant” as a participant in a “covered program”. A “covered program” is defined as:

(1)A program administered by the Secretary of Agriculture (Secretary) under which price or income support, or production or market loss assistance, is provided to producers of “agricultural commodities;” and

(2)a conservation program administered by the Secretary. However, this section of the rule also provides, as does the statutory authority, that “covered programs” do not include:

(1)An agricultural credit program carried out under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 *et seq.* ); or

(2)the crop insurance program carried out under the Federal Crop Insurance Act (7 U.S.C. 1501 *et seq.* ). Section 635.2 Applicability Section 1613 of the 2002 Act authorizes relief when a participant in a covered conservation program is determined to be not in compliance with the requirements of the covered program and, therefore, would be ineligible for a loan, payment, or other benefit under the covered program, and it is further determined that the participant acted in good faith and in reliance on the action or advice of an agency employee to the detriment of the participant or failed to fully comply with the requirements of the covered program but made a good faith effort to comply with the requirements. Section 635.2 sets forth the general applicability of relief to be provided under this regulation. This section also provides, at 635.2(b), that the provisions of this rule will only be implemented prospectively; that is, it applies only to actions for which relief is sought that occurred after the implementation date of the authorizing statute, May 13, 2003. This is because the statute does not provide for retroactive application. Section 635.3 Reliance on Incorrect Actions or Information The Secretary at 7 CFR 2.61 has delegated her authority to provide equitable relief and to track such relief to the Chief of NRCS. Accordingly, section 635.3 provides that the Chief may provide relief to any participant that is determined to be not in compliance with the requirements of a covered program and therefore ineligible for a loan, payment, or other benefit under the covered program, if the participant acted in good faith and relied on the action or advice of the Secretary, or an authorized representative, to the detriment of the participant. Section 635.4 Failure To Fully Comply This section implements Section 1613(b)(2) of the statute and provides that the Chief may provide relief to any participant that is determined to be not in compliance with the requirements of a covered program, and therefore ineligible for a loan, payment, or other benefit under the covered program, when the participant failed to comply fully with the requirements of the covered program but made a good faith effort to do so. Section 635.5 Forms of Relief This section sets forth the forms of relief that the deciding official (the Chief or the State Conservationist, as appropriate) may grant, including permitting a participant to:

(1)Retain loans, payments, or other benefits received under the covered program;

(2)continue to receive loans, payments, and other benefits under the covered program;

(3)continue to participate, in whole or in part, under any contract executed under the covered program;

(4)re-enroll all or part of the land covered by the applicable conservation program; and

(5)receive such other equitable relief as the Chief determines appropriate. Section 1613(d) of the statute also specifies that the Secretary may condition the approval of relief under this section on the participant agreeing to remedy their failure to meet the program requirements. Section 635.6(b) implements this statutory provision. Section 635.6 Equitable Relief by State Conservationists In addition, the statute provides authority for FSA State Directors and NRCS State Conservationists to grant equitable relief. In general, section 1613(e) provides that the State Director and the State Conservationist, in the case of programs administered by their respective offices, may grant relief to a participant (subject to certain limitations) if:

(1)The amount of loans, payments, and benefits for which relief will be provided to the participant under this authority is less than $20,000;

(2)the total amount of loans, payments, and benefits for which relief has been previously provided to the participant under this authority is not more than $5,000; and

(3)the total amount of loans, payments, and benefits for which relief is provided to similarly situated participants is not more than $1,000,000, as determined by the Secretary. This rule addresses only programs administered through NRCS and, hence, through State Conservationists. Another rule at 7 CFR Part 718, Subpart D, Equitable Relief from Ineligibility, has been promulgated by FSA which addresses the equitable relief authority provided under Section 1613 for programs administered by FSA. Further, the rule at section 635.6 provides that State Conservationist grants of relief:

(1)Shall not require prior approval by the Chief of the Department of Agriculture's Natural Resources Conservation Service, or any other officer or employee of the Service;

(2)shall be made only after consultation with, and the approval of, the Office of General Counsel of the Department of Agriculture; and

(3)are subject to reversal only by the Secretary (who may not delegate the reversal authority). This rule also specifies that the State Conservationist's authority to grant relief applies only to eligibility under covered conservation programs and does not apply to the administration of:

(1)Payment limitations under

(i)Sections 1001 through 1001F of the Food Security Act of 1985 (7 U.S.C. 1308 *et seq.* ), or

(ii)a conservation program administered by the Secretary; or to

(2)highly erodible land and wetland conservation requirements under subtitle B or C of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 *et seq.* A discretionary decision by the Secretary, the State Director, or the State Conservationist under Section 1613 to grant relief is final, and is not subject to judicial review under chapter 7 of title 5, United States Code. Section 635.6(e) of this regulation implements Section 1613(e)(4) of the statute by providing that the authority set forth in this section is in addition to any other authority provided in that or any other Act. As previously stated, the statute sets forth certain dollar limits when the State Conservationist is granting equitable relief. The agency has interpreted these dollars limits to be aggregate limits provided NRCS-wide over a fiscal year period per participant. The Section 1613(e)(1) dollar limits are not tied to a particular time period or official. However, given the normal yearly orientation of agricultural commodity and conservation programs (as is reflected in the reporting requirements of the statute), it makes sense to provide yearly limits in the rule upon which such dollar computations may be made. Otherwise, the monetary limitation set forth in the statute would be difficult to compute. Equitable relief granted by NRCS to a particular participant must be included in the computation regarding the specific dollar limitations for any request for equitable relief by such participant in the same fiscal year. Given the Department's past experience in providing equitable relief, the agency anticipates that the dollar amounts involved in granting relief will be small in most cases, both for individual participants and in aggregate among States. Section 635.7 Procedures for Granting Equitable Relief In this section, NRCS sets forth the procedure by which a participant in a covered conservation program must follow to apply for equitable relief under this part. List of Subjects in 7 CFR Part 635 Administrative practice and procedure, Agriculture, Conservation programs, Equitable relief. Accordingly, for the reasons set forth in the preamble, 7 CFR Part 635 is added to read as follows: PART 635—EQUITABLE RELIEF FROM INELIGIBILITY Sec. 635.1 Definitions and abbreviations. 635.2 Applicability. 635.3 Reliance on incorrect actions or information. 635.4 Failure to fully comply. 635.5 Forms of relief. 635.6 Equitable relief by State Conservationists. 635.7 Procedures for granting equitable relief. Authority: 7 U.S.C. 7996. § 635.1 Definitions and abbreviations. The following terms apply to this part: *Covered program* means a natural resource conservation program specified in § 635.3. *Chief* means the Chief of the Natural Resources Conservation Service or the person delegated authority to act for the Chief. *FSA* means the Farm Service Agency of the United States Department of Agriculture. *NRCS* means the Natural Resources Conservation Service of the United States Department of Agriculture. *OGC* means the Office of the General Counsel of the United States Department of Agriculture. *Secretary* means the Secretary of the U.S. Department of Agriculture. *State Conservationist* means the NRCS employee authorized to direct and supervise NRCS activities in a State, the Caribbean Area, or the Pacific Basin area, or the State Conservationist's designee. § 635.2 Applicability.

(a)This part is applicable to all covered conservation programs administered by the Natural Resources Conservation Service, except for the Highly Erodible Land and Wetland Conservation provisions of Title XII, subtitles B and C of the Food Security Act of 1985, as amended, (16 U.S.C. 3811 *et seq.* ). Administration of this part shall be under the supervision of the Chief, except that such authority shall not limit the exercise of authority by State Conservationists of the Natural Resources Conservation Service provided in § 635.6.

(b)The equitable relief available under this part does not apply where the action for which relief is requested occurred before May 13, 2002. In such cases, authority that was effective prior to May 13, 2002, shall be applied.

(c)This part does not apply to a conservation program administered by the Farm Service Agency of the United States Department of Agriculture. § 635.3 Reliance on incorrect actions or information.

(a)The Chief, or designee, may grant relief by extending benefits or payments in accordance with § 635.5 when any participant that has been determined to be not in compliance with the requirements of a covered NRCS program, and therefore ineligible for a loan, payment, or other benefit under the covered program, if the participant, acting in good faith, relied upon the action or advice of an NRCS employee or representative of the United States Department of Agriculture, to the detriment of the participant.

(b)This section applies only to a participant who relied upon the action of, or information provided by, an NRCS employee, or representative of USDA, and the participant acted, or failed to act, as a result of that action or information. This part does not apply to cases where the participant had sufficient reason to know that the action or information upon which they relied was improper or erroneous or where the participant acted in reliance on their own misunderstanding or misinterpretation of program provisions, notices or information. § 635.4 Failure to fully comply.

(a)When a participant fails to fully comply with the terms and conditions of a covered program, the Chief, or designee, may grant relief in accordance with § 635.5 if the participant made a good faith effort to comply fully with the requirements of the covered program.

(b)This section only applies to participants who are determined by the Chief to have made a good faith effort to comply fully with the terms and conditions of the program and rendered substantial performance.

(c)In determining whether a participant acted in good faith and rendered substantial performance under paragraph

(b)of this section, the Chief, or designee, shall consider such factors as whether—

(1)Performance of the primary conservation program requirements were completed; or

(2)The actions of the participant resulted in minimal damages or failure that were minor in nature. § 635.5 Forms of relief.

(a)The Chief, or designee, may authorize a participant in a covered program to:

(1)Retain loans, payments, or other benefits received under the covered program;

(2)Continue to receive loans, payments, and other benefits under the covered program;

(3)Continue to participate, in whole or in part, under any contract executed under the covered program;

(4)In the case of a conservation program, re-enroll all or part of the land covered by the program; and

(5)Receive such other equitable relief as determined to be appropriate.

(b)As a condition of receiving relief under this part, the participant may be required to remedy their failure to meet the program requirement or mitigate its affects. § 635.6 Equitable relief by State Conservationists.

(a)General nature of the authority. Notwithstanding provisions in this part providing supervision and relief authority to other officials, the State Conservationist, without further review by other officials (other than the Secretary), may grant relief as set forth in § 635.5 to a participant under the provisions of § 635.3 and § 635.4 so long as:

(1)The program matter with respect to which the relief is sought is a program matter in a covered program which is operated within the State under the control of the State Conservationist;

(2)The total amount of relief which will be provided to the participant (that is, to the individual or entity that applies for the relief) under this authority for errors during the fiscal year is less than $20,000 (included in that calculation, any loan amount or other benefit of any kind payable for the fiscal year);

(3)The total amount of such relief which has been previously provided to the participant using this authority for errors in a fiscal year, as calculated in paragraph (a)(2) of this section, is not more than $5,000;

(4)The total amount of loans, payments, and benefits of any kind for which relief is provided to similarly situated participants by a State Conservationist for errors for a fiscal year under the authority provided in this section, as calculated in paragraph (a)(2), is not more than $1,000,000.

(b)Additional limits on the authority. The authority provided under this section does not extend to the administration of:

(1)Payment limitations under 7 CFR part 1400;

(2)Payment limitations under a conservation program administered by the Secretary; or

(3)The highly erodible land and wetland conservation requirements under subtitles B or C of Title XII of the Food Security Act of 1985 (16 U.S.C. 3811 *et seq.* ).

(c)Relief shall only be made under this part after consultation with, and the approval of, the Office of the General Counsel.

(d)Secretary's reversal authority. A decision made under this part by the State Conservationist may be reversed only by the Secretary, who may not delegate that authority.

(e)Relation to other authorities. The authority provided under this section is in addition to any other applicable authority that may allow relief. § 635.7 Procedures for granting equitable relief.

(a)Application for equitable relief by covered program participants. For the purposes of this part, the following conservation programs administered by NRCS are identified as “covered programs”:

(1)Agricultural Management Assistance (AMA);

(2)Conservation Security Program (CSP);

(3)Emergency Watershed Protection, Floodplain Easement Component (EWP-FPE);

(4)Environmental Quality Incentives Program (EQIP);

(5)Farm and Ranch Lands Protection Program (FRPP);

(6)Grassland Reserve Program (GRP);

(7)Resource Conservation and Development Program (RC&D);

(8)Water Bank Program (WBP);

(9)Watershed Protection and Flood Prevention Program, (WPFPP) (long-term contracts only);

(10)Wetlands Reserve Program (WRP);

(11)Wildlife Habitat Incentives Program (WHIP);

(12)Any other conservation program administered by NRCS which subsequently incorporates these procedures within the program regulations or policies.

(b)Participants may request equitable relief from the Chief or the State Conservationist with respect to:

(1)Reliance on the actions or advice of an authorized NRCS representative; or

(2)Failure to fully comply with the program requirements but made a good faith effort to comply.

(c)Only a participant directly affected by the non-compliance with the covered program requirements may seek equitable relief under § 635.6.

(d)Requests for equitable relief must be made in writing, no later than 30 calendar days from the date of receipt of the notification of non-compliance with the requirements of the covered conservation program.

(e)Requests for equitable relief shall include the following information:

(1)The reason why the participant was unable to comply with the requirements of the conservation program;

(2)Details regarding how much of the required action had been completed;

(3)Why the participant did not have sufficient reason to know that the action or information relied upon was improper or erroneous;

(4)Whether the participant did not act in reliance on their own misunderstanding or misinterpretation of the conservation program provisions, notices, or information; and

(5)Any other pertinent facts or supporting documentation. Signed in Washington, DC, on August 31, 2004. Bruce I. Knight, Chief, Natural Resources Conservation Service, Vice President, Commodity Credit Corporation. [FR Doc. 04-20783 Filed 9-20-04; 8:45 am]

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