Unknown. Interim rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-05-14.xml --- 75 93 Friday, May 14, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service See Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-11511 27285-27286 2010-11513 Animal Animal and Plant Health Inspection Service PROPOSED RULES Hass Avocados from Mexico;

Importation into the Commonwealth of Puerto Rico and Other Changes, 27225-27227 2010-11598 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Delegation of Authority: Director, Office of Public Health Preparedness and Response, 27348 2010-11406 Coast Guard Coast Guard NOTICES Meetings: Navigation Safety Advisory Council, 27353 2010-11517 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration NOTICES Privacy Act;

Systems of Records, 27294 2010-11548 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 2010-11539 27313-27314 2010-11540 Commodity Commodity Credit Corporation RULES Conservation Reserve Program; Transition Incentives Program, 27165-27169 2010-11595 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 2010-11728 27314 2010-11729 Copyright Copyright Office, Library of Congress PROPOSED RULES Gap in Termination Provisions;

Inquiry, 27248-27249 2010-11619 Defense Defense Department NOTICES 36(b)(1) Arms Sales Notification, 27314-27318 2010-11581 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notification of Ownership Changes, 27344 2010-11330 Intent to Grant Exclusive License: FIXMO U.S. Inc., 27318 2010-11582 Privacy Act; Systems of Records; Correction, 27318 2010-11580 Defense Defense Nuclear Facilities Safety Board PROPOSED RULES Proposed FOIA Fee Schedule Update, 27228-27229 2010-11375 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Applications for New Awards (FY 2010):

Technical Assistance for American Indian Vocational Rehabilitation Services Projects, 27318-27322 2010-11607 Final Priority: Technical Assistance for American Indian Vocational Rehabilitation Services Projects, 27322-27324 2010-11606 Proposed Priority: Disability Rehabilitation Research Project; International Exchange of Knowledge and Experts in Disability and Rehabilitation Research, 27324-27327 2010-11618 Rehabilitation Research and Training Centers; Effective Vocational Rehabilitation Service Delivery Practices, 27327-27329 2010-11616 Energy Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program for Consumer Products:

Determination Concerning the Potential for Energy Conservation Standards for Non-Class A External Power Supplies, 27170-27182 2010-11592 Energy Conservation Program: Web-based Compliance and Certification Management System, 27182-27185 2010-11584 PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Residential Central Air Conditioners and Heat Pumps, 27227-27228 2010-11571 EPA Environmental Protection Agency RULES National Priorities List: Deletion of the Ruston Foundry Superfund Site:

National Oil and Hazardous Substances Pollution Contingency Plan, 27192-27199 2010-11306 Prevention of Significant Deterioration and Nonattainment New Source Review: Aggregation, 27191-27192 2010-11578 PROPOSED RULES National Priorities List: Intent to Delete the Ruston Foundry Superfund Site: National Oil and Hazardous Substances Pollution Contingency Plan, 27255 2010-11305 Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators, 27249-27255 2010-11585 NOTICES Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 27343 2010-11587 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Proposed Modifications of Class B Airspace: Chicago, IL, 27229-27237 2010-11499 FCC Federal Communications Commission RULES Amateur Service Rules, 27200-27205 2010-11385 Promoting Diversification of Ownership in the Broadcasting Services; Correction, 27199-27200 2010-11161 PROPOSED RULES Amateur Service Rules, 27272-27273 2010-11386 Implementation of Section 304 of the Telecommunications Act of 1996:

Commercial Availability of Navigation Devices; Compatibility Between Cable Systems and Consumer Electronics Equipment, 27256-27264 2010-11387 Video Device Competition; Implementation of Section 304 of the Telecommunications Act of 1996: Commercial Availability of Navigation Devices; Compatibility Between Cable Systems and Consumer Electronics Equipment, 27264-27271 2010-11388 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 27343 2010-11641 Federal Energy Federal Energy Regulatory Commission NOTICES Agenda for Technical Conference:

Credit Reforms in Organized Wholesale Electric Markets, 27330 2010-11534 Applications: AER NY-Gen, LLC, et al., 27332 2010-11531 FPL Energy Maine Hydro LLC, et al., 27330-27332 2010-11526 Tennessee Gas Pipeline Co., 27332-27333 2010-11520 Texas Gas Transmission, LLC, 27333-27334 2010-11519 Baseline Filings: Acacia Natural Gas Corp., 27334 2010-11532 Regency Intrastate Gas LP, 27334 2010-11529 Combined Filings, 27334-27337 2010-11536 2010-11537 Complaint: Louisiana Public Service Commission, 27337 2010-11522 Environmental Assessments, Availability, etc.:

Marquette Board of Light and Power, 27338 2010-11525 Filings: Central New York Oil and Gas Company, LLC, 27339 2010-11527 NASDAQ OMX Commodities Clearing, et al., 27338-27339 2010-11524 San Diego Gas & Electric Co., 27338 2010-11533 Initial Market-Based Rate Filing: Blackstone Wind Farm II, LLC, 27339-27340 2010-11523 Petition for Declaratory Order: Public Utilities Commission of the State of California, 27340 2010-11530 Petition for Rate Approval: Enterprise Alabama Intrastate, LLC, 27340 2010-11518 Public Conference:

Energy Efficiency of Natural Gas Infrastructure and Operations, 27340-27341 2010-11535 Request Under Blanket Authorization: Tennessee Gas Pipeline Co., 27341 2010-11521 Technical Conferences: Gulf South Pipeline Co., 27341 2010-11528 Increasing Market and Planning Efficiency through Improved Software, 27341-27343 2010-11538 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 27384-27385 2010-11547 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waiver of Compliance, 27385 2010-11577 Fiscal Fiscal Service PROPOSED RULES Federal Government Participation in the Automated Clearing House, 27239-27248 2010-11492 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Captive Wildlife Safety Act, 27358-27359 2010-11573 Permits: Endangered and Threatened Wildlife and Plants, 27361 2010-11493 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27347-27348 2010-11541 Food Food Safety and Inspection Service NOTICES New Compliance Guides: New Performance Standards for Salmonella and Campylobacter in Young Chicken and Turkey Slaughter Establishments, 27288-27294 2010-11545 Forest Forest Service NOTICES McKelvie Geographic Area Range Allotment Management Planning:

Samuel R. McKelvie National Forest, Bessey Ranger District in Nebraska, 27286-27287 2010-11466 Meetings: Glenn/Colusa County Resource Advisory Committee, 27287 2010-11268 South Gifford Pinchot National Forest Resource Advisory Committee, 27288 2010-11442 South Mt. Baker-Snoqualmie Resource Advisory Committee, 27287 2010-11408 GSA General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notification of Ownership Changes, 27344 2010-11330 GAO Government Accountability Office NOTICES Letters of Nomination:

Board of Governors of the Patient-Centered Outcomes Research Institute; Correction, 27343-27344 2010-11404 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27344-27347 2010-11566 2010-11567 2010-11568 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 27353 2010-11188 Industry Industry and Security Bureau RULES Revisions to the Authorization for Validated End-User Applied Materials China, Ltd., 27185-27188 2010-11574 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau NOTICES Programs Eligible for Inclusion in Fiscal Year 2010 Funding Agreements to be Negotiated with Self-Governance Tribes, etc., 27353-27358 2010-11551 International International Trade Administration NOTICES Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part:

Certain Hot-Rolled Carbon Steel Flat Products from India, 27297-27298 2010-11602 Final Results of Expedited Sunset Reviews of Antidumping Duty Orders: Certain Frozen Warmwater Shrimp from Brazil, India, People's Republic of China and Thailand, 27299-27300 2010-11704 Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People's Republic of China, 27302-27308 2010-11605 Preliminary Results of the 2008-2009 Antidumping Duty Administrative Review:

Light-Walled Rectangular Pipe and Tube from the People's Republic of China, 27308-27312 2010-11603 Justice Justice Department NOTICES Supplemental Guidelines for Sex Offender Registration and Notification, 27362-27366 2010-11665 Labor Labor Department See Labor-Management Standards Office See Occupational Safety and Health Administration Labor Labor-Management Standards Office NOTICES Meetings: OLMS Listens; Office of Labor-Management Standards Stakeholder, 27366-27367 2010-11498 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 27359 2010-11609 Meetings:

Idaho Falls District Resource Advisory Council, 27360 2010-11549 John Day/Snake Resource Advisory Council, 27359-27360 2010-11569 Whiskey Mountain Bighorn Sheep Range Locatable Mineral Withdrawal Extension, Wyoming, 27361 2010-11458 Temporary Order Restricting Dogs from Public Lands in Kasha-Katuwe Tent Rocks National Monument, Sandoval County, NM, 27362 2010-11615 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 27367-27368 2010-11755 Library Library of Congress See Copyright Office, Library of Congress Minority Minority Business Development Agency NOTICES Nominations:

National Advisory Council on Minority Business Enterprise; Re-Opening of Deadline, 27301-27302 2010-11596 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notification of Ownership Changes, 27344 2010-11330 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 27350-27352 2010-11589 2010-11590 2010-11591 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 27352-27353 2010-11588 National Institute of Diabetes and Digestive and Kidney Diseases, 27350 2010-11593 National Institute of Mental Health, 27350 2010-11594 NOAA National Oceanic and Atmospheric Administration RULES Emergency Fisheries Closures in Southeast Region Due to Deepwater Horizon Oil Spill:

Fisheries of Caribbean, Gulf of Mexico, and South Atlantic; Amendment 2, 27217-27219 2010-11601 Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; 2010 Atlantic Bluefish Specifications, 27221-27224 2010-11611 Atlantic Deep-Sea Red Crab Fisheries; 2010 Atlantic Deep-Sea Red Crab Specifications, 27219-27221 2010-11613 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species: Fishing Restrictions and Observer Requirements in Purse Seine Fisheries (2009-2011), 27216-27217 2010-11348 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Applications and Reporting Requirements for Incidental Take of Marine Mammals by Specified Activities, etc., 27295-27296 2010-11502 Highly Migratory Species Dealer Reporting Family of Forms, 27296-27297 2010-11497 Marine Mammal Stranding Report/Marine Mammal Rehabilitation Disposition Report, 27294-27295 2010-11544 Issuance of Permit: Marine Mammals, 27300-27301 2010-11608 Nuclear Nuclear Regulatory Commission NOTICES Consideration of Approval of Transfer and Conforming Amendment, etc.:

Aerotest Operations, Inc.; Aerotest Radiography and Research Reactor, 27368-27372 2010-11560 Environmental Assessments; Availability, etc.: University of New Mexico AGN-201M Reactor, 27372-27375 2010-11563 Occupational Occupational Safety and Health Administration RULES Notification Requirements in Exposure Determination Provisions of Hexavalent Chromium Standards, 27188-27189 2010-11586 PROPOSED RULES Notification Requirements in Exposure Determination Provisions of Hexavalent Chromium Standards;

Withdrawal, 27239 2010-11583 Regulatory Flexibility Act Review of the Bloodborne Pathogens Standard, 27237-27239 2010-11579 Pension Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Valuing and Paying Benefits, 27189-27191 2010-11494 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Incorporation of Special Permits into Regulations, 27205-27216 2010-11570 PROPOSED RULES Hazardous Materials:

Packages Intended for Transport by Aircraft, 27273-27284 2010-11384 Postal Postal Regulatory Commission NOTICES Postal Rate Case Management, 27375 2010-11467 Review of Nonpostal Services Language, 27375-27377 2010-11512 Presidential Presidential Documents ADMINISTRATIVE ORDERS Australia; Proposed Agreement for Cooperation With the U.S. Concering Peaceful Uses of Nuclear Energy (Presidential Determination) No. 2010-07 of May 4, 2010, 27161 2010-11727 Government Agencies and Employees:

Federal Recruitment and Hiring Process; Improvement (Memorandum of May 11, 2010), 27157-27159 2010-11733 Russia; Proposed Agreement for Cooperation With the U.S. Concering Peaceful Uses of Nuclear Energy (Presidential Determination) No. 2010-08 of May 10, 2010, 27163 2010-11730 U.S.-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act; Delegation of Functions (Memorandum of May 4, 2010), 27155 2010-11725 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Meetings:

Colorado River Basin Salinity Control Advisory Council, 27360 2010-11100 Rural Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27286 2010-11558 Rural Rural Housing Service NOTICES Intent to Hold Public Forums: Solicit Feedback from the Public Regarding the Section 523 Mutual Self-Help Housing Program, 27286 2010-11559 SEC Securities and Exchange Commission NOTICES Applications: Jackson National Life Insurance Company of New York, et al., 27377-27381 2010-11543 Self-Regulatory Organizations;

Proposed Rule Changes: NYSE Arca, Inc., 27381-27383 2010-11542 Sentencing Commission, United States See United States Sentencing Commission State State Department NOTICES Culturally Significant Objects Imported for Exhibition: A Gift from the Desert: The Art, History and Culture of the Arabian Horse, 27383 2010-11604 Waiver of Restriction on Assistance to the Central Government of the Kyrgyz Republic, 27383 2010-11597 Substance Substance Abuse and Mental Health Services Administration NOTICES Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies, 27348-27350 2010-11550 Surface Surface Transportation Board NOTICES Abandonment Exemption:

CSX Transportation, Inc.; Marion County, IN, 27383-27384 2010-11341 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service U.S. Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 27388-27398 2010-11552 Veterans Veterans Affairs Department NOTICES Meetings:

Advisory Committee on Disability Compensation, 27385-27386 2010-11565 Separate Parts In This Issue Part II United States Sentencing Commission, 27388-27398 2010-11552 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 93 Friday, May 14, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1410 RIN 0560-AH80 Conservation Reserve Program;

Transition Incentives Program AGENCY: Commodity Credit Corporation, USDA. ACTION: Interim rule. SUMMARY: The Commodity Credit Corporation

(CCC)is amending the Conservation Reserve Program

(CRP)regulations to add provisions for incentives to retired or retiring owners or operators to transition land enrolled in CRP to a beginning or socially disadvantaged farmer or rancher for production. The Transition Incentives Program involves new and mandatory provisions for CRP authorized by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). Retired or retiring owners or operators of land enrolled in an expiring CRP contract who sell or lease their expiring CRP land to a beginning or socially disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods in compliance with the required conservation plan will, if otherwise approved for the Transition Incentives Program, receive CRP payments for an additional 2 years after the contract expires if the new or socially disadvantaged farmer is not a family member. DATES: *Effective Date:* This rule is effective May 14, 2010. *Comment Date:* We will consider comments that we receive by July 13, 2010. ADDRESSES: We invite you to submit comments on this interim rule. In your comment, include the volume, date, and page number of this issue of the **Federal Register** . You may submit comments by any of the following methods: • *E-Mail: cepdmail@wdc.usda.gov* . • *Fax:* 202-720-4619. • *Mail:* Director, Conservation and Environmental Programs Division (CEPD), USDA Farm Service Agency

(FSA)CEPD, STOP 0513, 1400 Independence Ave., SW., Washington, DC 20250-0513. • *Hand Delivery or Courier:* Deliver comments to the above address. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. Comments may be inspected at the mail address listed above between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. A copy of this interim rule is available through the FSA home page at *http://www.fsa.usda.gov/* . FOR FURTHER INFORMATION CONTACT: Beverly J. Preston, CRP Program Manager, telephone 202-720-9563 or e-mail: *cepdmail@wdc.usda.gov* . Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact the USDA Target Center at 202-720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background CRP was first authorized in the Food Security Act of 1985 (16 U.S.C. 3830-3835a, commonly known as the 1985 Farm Bill). This rule amends the CRP regulations in 7 CFR part 1410 to implement provisions for the Transition Incentives Program as specified in section 2111 of the 2008 Farm Bill (Pub. L. 110-246). The 2008 Farm Bill requires other changes to the CRP program, several of which were published in a previous interim rule (74 FR 30907-30912) and others that will be implemented separately. This interim rule amends the CRP regulations to add the provisions needed to implement the Transition Incentives Program, including definitions and eligibility requirements. Section 2111 of the 2008 Farm Bill amends Section 1235 of the 1985 Farm Bill (16 U.S.C. 3835) to authorize CRP contract modifications— to facilitate a transition of land subject to the contract from a retired or retiring owner or operator to a beginning farmer or rancher or a socially disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods. Section 2111 further authorizes that “in the case of a contract modification approved in order to facilitate the transfer” that the Secretary of Agriculture will: • Allow conservation and land improvements to be made; • Allow the certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501) to begin; • Require the retired or retiring owner to sell or lease the land subject to the contract for production purposes; • Require the beginning or socially disadvantaged farmer or rancher to develop and implement a conservation plan; • Provide the beginning or socially disadvantaged farmer or rancher the opportunity to enroll in the Conservation Stewardship Program or the Environmental Quality Incentives Program; • Provide the beginning or socially disadvantaged farmer or rancher with the option to reenroll any applicable partial field conservation practice that is eligible for enrollment under the continuous signup requirement of CRP, if part of an approved conservation plan; and • Continue to make annual payments to the retired or retiring owner or operator for not more than an additional 2 years after the termination of the contract, if the beginning or socially disadvantaged farmer or rancher is not a family member. Section 2701 of the 2008 Farm Bill, by amendment to Section 1241 of the 1985 Farm Bill, requires that to the maximum extent practicable, $25 million in CCC funds be used for the Transition Incentives Program for fiscal years 2009 to 2012. The purpose of CRP is to cost-effectively assist producers in conserving and improving soil, water, wildlife, and other natural resources by converting environmentally-sensitive acreage generally devoted to the production of agricultural commodities to a long-term vegetative cover and to address issues raised by State, regional, and national conservation initiatives. Participants enroll land in CRP contracts for 10 to 15 years in exchange for annual rental payments and financial assistance to install certain conservation practices and to maintain approved vegetative, tree, or other appropriate covers. The purpose and scope of CRP are not changing with this rule. This rule will allow retired or retiring CRP participants with land enrolled in an expiring CRP contract to amend their CRP contracts during the last year of the CRP contract to be permitted to transition that land to beginning or socially disadvantaged farmers or ranchers for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods (also referred to as “sustainable farming”). The rule provides a general definition of what would, for these purposes, be considered to be sustainable farming. Also, there is an allowance for incentive payments for CRP contracts that ended after the 2008 Farm Bill became law but before the publication of this rule. As an incentive, such CRP participants may be eligible for 2 additional years of CRP payments provided the retired or retiring owner or operator is not a family member of the beginning or socially disadvantaged farmer or rancher. The 2008 Farm Bill defines “family member” as it is defined in 7 U.S.C. 1308-1 (part of the 1985 Farm Bill), which defines it as an individual to whom another family member in the farming operation is related as a lineal ancestor, lineal descendent, sibling, spouse, or otherwise by marriage. This definition, which FSA and CCC use in many other programs, has been clarified in 7 CFR part 718 to include a specific list of individuals who are considered family members. To provide clarity and consistency with other FSA and CCC programs, the definition from 7 CFR part 718 will be used. Therefore, a “family member” will mean an individual to whom a person is related as spouse, lineal ancestor, lineal descendant, or sibling, including a:

(1)Great grandparent;

(2)Grandparent;

(3)Parent;

(4)Child, including a legally adopted child;

(5)Grandchild;

(6)Great grandchildren;

(7)Sibling of the family member in the farming operation; and

(8)Spouse of a person listed in items 1 through 7. Contracts on over 15 million acres of land enrolled in CRP are scheduled to expire between 2010 and October 2012. The goal of the CRP Transition Incentives Program is to assist beginning or socially disadvantaged farmers and ranchers get a start in farming. Any beginning or socially disadvantaged farmer or rancher is eligible to participate. The program provides an opportunity for beginning or socially disadvantaged farmers or ranchers to prepare the land enrolled in an expiring CRP contract for production using sustainable grazing or crop production methods up to one year before they farm the land. This program allows such farmers or ranchers to make conservation and land improvements or begin the process for organic certification during the last year of the expiring CRP contract. The program provides a financial incentive to increase the likelihood that land enrolled in an expiring CRP contract will be returned to production in a sustainable manner by providing additional CRP payments to retired or retiring owners and operators who sell or lease land for those purposes. This program, by offering an incentive to retired or retiring owners or operators of land enrolled in an expiring CRP contract, provides a significant opportunity to promote sustainable and organic farming. Definitions This rule amends section 1410.2, “Definitions,” to add definitions for “beginning farmer or rancher,” “retired or retiring owner or operator,” and “socially disadvantaged farmer or rancher.” The 2008 Farm Bill gives the term “beginning farmer or rancher” for conservation programs the meaning given under the section 343(a)(8) of the Consolidated Farm Rural Development Act (7 U.S.C. 1991(a)(8)), which in turn gives the Secretary discretion to define the term. That term has been defined in farm loan programs. This rule uses the same definition except for necessary modifications to reflect the different program involved. Under the adopted definition, the individual or entity must, as determined by CCC:

(1)Have operated a farm or ranch for 10 years or less,

(2)Have substantial involvement in the operation of the farm or ranch, and

(3)If an entity, be an entity where 50 percent of the members or stockholders of such entity meet the previous two requirements. Also, Section 2111 of the 2008 Farm Bill uses the term “retired or retiring owner or operator,” but does not define it. This rule defines a retired or retiring owner or operator as a CRP participant who has stopped farming or expects to stop farming within five years of contract modification. Generally, the incentive will apply only to contracts expiring after the publication of this rule. There is an exception, however. The exception is for CRP contracts that expired after the effective date of the 2008 Farm Bill (June 18, 2008), but before the publication of this rule if transfer to the eligible new holder of the property will take place only after the approval of the modification, and if the contract modification becomes effective by September 30, 2010. The requirement that the transfer follow the modification reflects that this is an incentive program. The deadline is to reflect that the exception is intended to address only those situations where the finalization of a transfer may have been awaiting the publication of a rule. The 2008 Farm Bill specifies that this program use the definition of “socially disadvantaged farmer and rancher” given under 7 U.S.C. 2279(e)(2), which is the definition used for other FSA and CCC farm programs. Accordingly and consistent with other FSA and CCC farm program regulations through which the 2008 Farm Bill has been implemented, socially-disadvantaged persons are defined in this rule to be any person of the following groups of persons: African Americans, American Indians, Alaskan Natives, Hispanics, Asian Americans and Pacific Islanders. Contract Modifications This rule amends the regulations in § 1410.33, “Contract Modifications,” to provide that retired or retiring owners and operators can be permitted to modify their CRP contract if it is due to expire within one year to facilitate the transition of the land enrolled in that expiring CRP contract to a beginning or socially disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods. The limited exception for contracts that expired prior to this rule has been mentioned. This allows maximum benefit from the 2008 Farm Bill for CRP contracts that were in existence at the time the 2008 Farm Bill was enacted. Generally, the timing of the modification will mean that the CRP contract may be modified so that the transition activities may be initiated during the last year of the contract without violating the CRP contract. For example, activities to improve the land or to obtain organic certification beginning up to one year before the expiration date of the CRP contract will be allowed under such a modified contract. Eligibility Requirements This rule adds a new section § 1410.64, “Transition Incentives Program,” to specify eligibility provisions for the incentive. There are separate eligibility requirements for retired or retiring owners and operators with land enrolled in an expiring, or in limited cases, expired CRP contract and for beginning or socially disadvantaged farmers and ranchers. In the case of unexpired contracts, the retired or retiring CRP owner or operator with land enrolled in an expiring CRP contract must allow the beginning or socially disadvantaged farmer or rancher to install conservation practices consistent with the conservation plan on the land during the last year of the contract, or begin the organic certification process under the Organic Foods Production Act of 1990 (7 U.S.C. 6501-6523). (The Agriculture Marketing Service

(AMS)implements that certification.) Both the retired or retiring owner or operator and the beginning or socially disadvantaged farmer or rancher must jointly apply for the Transition Incentives Program. To be eligible for the Transition Incentives Program, the beginning or socially disadvantaged farmer or rancher must obtain and implement a conservation plan and certify that they are buying or leasing (under a qualifying lease) the expiring CRP land to return some or all of it into production using sustainable grazing or crop production methods. For the transfer, the retiring or retired owner or operator may either:

(1)Sell,

(2)Have a contract to sell, or

(3)Lease under a nonrevocable long-term lease (at least 5 years), with or without an option to purchase the land. Benefits to Participants Retired or retiring owners or operators are eligible to receive 2 years of additional CRP rental payments as an incentive to participate in the Transition Incentives Program if the land is not sold or leased to a family member. The Transition Incentives Program does not provide payments to beginning or socially disadvantaged farmers or ranchers for participation in this program. It provides indirect benefit to those farmers by paying eligible retired or retiring owners or operators to sell or lease eligible land to the beginning or socially disadvantaged farmer or rancher. The beginning or socially-disadvantaged farmer or rancher will be provided the opportunity to enroll otherwise eligible land obtained through this program in various USDA conservation programs, including CRP, beginning the day after the CRP contract expires or after the transfer, whichever is later. This assumes that the land is still eligible and that the beginning or socially disadvantaged farmer has a sufficient long-term interest in the program to sustain a 10 year contract. This rule changes the CRP regulations to provide an exception to make the new or disadvantaged farmer otherwise eligible to reenroll the land in CRP as required by the 2008 Farm Bill. This is a direct benefit for the beginning or socially disadvantaged farmer or rancher, because as currently specified in § 1410.5, “Eligible Persons,” an owner or operator must have owned or operated the land for at least 12 months before it can be enrolled in CRP. This rule adds a paragraph to § 1410.5 to specify that the 12 month ownership provisions do not apply to eligible Transition Incentives Program participants. In addition, the beginning or socially-disadvantaged farmer or rancher will be able to enroll all or part of the transitioned land in the Conservation Stewardship Program

(CSP)or the Environmental Quality Incentives Program

(EQIP)authorized under the regulations in 7 CFR parts 1470 and 1466, respectively. Again, this only applies if the conditions for those programs are otherwise met. Program Operation CCC will implement this program through FSA county offices. CCC and FSA will not establish a formal program to match retired or retiring CRP landowners and operators with beginning or socially disadvantaged farmers or ranchers. However, FSA county offices will publicize the program to local FSA and CCC customers, and coordinate with Farm Loan Program personnel to provide program outreach to potentially eligible farmers and ranchers. Similarly, FSA will coordinate with the Natural Resources Conservation Service

(NRCS)to help eligible beginning and socially disadvantaged farmers and ranchers obtain the required conservation plan and apply for enrollment in other conservation programs, and coordinate with AMS to provide outreach about the organic certification process. One new form will be created for this program, which we anticipate will be a one-page agreement that both parties will sign and file with the FSA county office. Notice and Comment CCC is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of this rule. CCC is authorized by section 2904 of the 2008 Farm Bill to issue an interim rule effective on publication with an opportunity for comment. Executive Order 12866 This rule has been determined to be significant and was reviewed by the Office of Management and Budget

(OMB)under Executive Order 12866. The cost benefit analysis is summarized below and is available from the contact information listed above. Summary of Economic Impacts The 2008 Farm Bill authorizes $25 million for incentive payments to retired or retiring owners and operators with expiring CRP contracts, who sell or long-term lease their former CRP land to beginning or socially disadvantaged farmers or ranchers that are not family members. The retired or retiring owner or operator will receive CRP rental payments for 2 additional years beyond contract expiration to encourage participation. Targeted farmers or ranchers who purchase or lease the former CRP land are required to obtain a conservation plan and follow sustainable livestock and crop production practices. CRP Transitions Incentives Program participants are allowed to begin to make conservation and land improvements in the final CRP contract year. They also will be eligible for enrollment in three USDA conservation programs and may begin the organic certification process during the CRP contract's final year. Members of the retired or retiring owner or operator's family may participate in the CRP Transitions Incentives Program in order to obtain eligibility for enrollment in certain conservation programs, but the 2 additional years of rental payments would not be paid. If fully subscribed, an estimated 400 to 1,800 beginning or socially disadvantaged farmers or ranchers would benefit. With an average CRP rental payment of $39 per acre to $49 per acre for 2 years, obligations are estimated at between $5.1 million and $17.1 million. These cost estimates reflect the total obligation for fiscal years 2010-2012; payments would be made over a number of years, depending on when contracts expire. Due to the limited amount of eligible farmable quality CRP acreage likely to be offered for sale or lease, and the location of beginning and socially disadvantaged farmers relative to the location of eligible CRP lands, participation and costs are expected to be closer to the lower end of this range than the high end. Regulatory Flexibility Act This rule is not subject to the Regulatory Flexibility Act since CCC is not required to publish a notice of proposed rulemaking for this rule. CCC is authorized by section 2904 of the 2008 Farm Bill to issue an interim rule effective on publication with an opportunity for comment. Environmental Evaluation The environmental impacts of this rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations for compliance with NEPA (7 CFR part 799). The revisions to CRP regulations in 7 CFR part 1410 to implement certain changes related to the transition incentive for beginning and socially disadvantaged farmers and ranchers as provided by the 2008 Farm Bill that are identified in this interim rule are authorized to expend $25 million for this incentives program to the extent practicable. Furthermore, this program only applies to land that will be committed to sustainable, conservation-friendly practices and applies to land transitions out of the CRP that otherwise would be uncontrolled. These incentives focus on changing ownership of eligible lands, but are not intended to require or facilitate current land practice or land management changes. In response to public comments received during the scoping period for the Supplemental Environmental Impact Statement on CRP (74 FR 45606-45607), and the limited potential for significant environmental or socioeconomic impacts identified in the Cost Benefit Analysis, FSA has determined that the implementation of these changes related to the transition incentives for beginning and socially disadvantaged farmers and ranchers would not have any significant individual or cumulative impacts on the quality of the human environment. Therefore, no environmental impact statement will be prepared on this regulatory action. Executive Order 12372 This program is not subject to Executive Order 12372, which requires consultation with State and local officials. *See* the notice related to 7 CFR part 3015, subpart V, published in the **Federal Register** on June 24, 1983 (48 FR 29115). Executive Order 12988 This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule does not preempt State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. Before any judicial action may be brought concerning the provisions of this rule the administrative appeal provisions of 7 CFR parts 11, 614, and 780 must be exhausted. Executive Order 13132 The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 The policies contained in this rule do not impose substantial unreimbursed direct compliance costs on Indian tribal governments or have tribal implications that preempt tribal law. Unfunded Mandates This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L. 104-4) for State, local, or tribal governments, or the private sector. In addition, CCC is not required to publish a notice of proposed rulemaking for this rule. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Federal Assistance Programs The title and number of the Federal assistance program in the Catalog of Federal Domestic Assistance to which this rule applies is the Conservation Reserve Program—10.069. Paperwork Reduction Act The regulations in this rule are exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in section 2904 of the 2008 Farm Bill, which provides that these regulations be promulgated and the programs administered without regard to the Paperwork Reduction Act. E-Government Act Compliance CCC is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 1410 Administrative practice and procedure, Agriculture, Environmental protection, Grant programs—Agriculture, Natural resources, Reporting and recordkeeping requirements, Soil conservation, Technical assistance, Water resources, Wildlife. For the reasons discussed above, this rule amends 7 CFR part 1410 as follows: PART 1410—CONSERVATION RESERVE PROGRAM 1. The authority citation for 7 CFR part 1410 continues to read as follows: Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847. 2. In § 1410.2 add definitions in paragraph (b), in alphabetical order, for the terms: “Beginning farmer or rancher,” “Retired or retiring owner or operator,” and “Socially disadvantaged farmer or rancher,” as set forth below. § 1410.2 Definitions.

(b)* * * *Beginning farmer or rancher* means, as determined by CCC, a person or entity who:

(1)Has not been a farm or ranch operator or owner for more than 10 years,

(2)Materially and substantially participates in the operation of the farm or ranch involved in the CRP contract modification, and

(3)If an entity, is an entity in which 50 percent of the members or stockholders of the entity meet the first two requirements of this definition. *Retired or retiring owner or operator* means an owner or operator of land enrolled in a CRP contract who has ended active labor in farming operations as a producer of agricultural crops or expects to do so within 5 years of the CRP contract modification. *Socially disadvantaged farmer or ranche* r means a farmer or rancher who is a member of a socially disadvantaged group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. Gender is not included as a covered group. Socially disadvantaged groups include the following and no others unless approved in writing by the Deputy Administrator:

(1)American Indians or Alaskan Natives,

(2)Asians or Asian-Americans,

(3)Blacks or African Americans,

(4)Hispanics, and

(5)Native Hawaiians or other Pacific Islanders. 3. In § 1410.5, add paragraph

(c)to read as set forth below: § 1410.5 Eligible persons.

(c)The provisions of this section do not apply to beginning or socially disadvantaged farmers or ranchers who are eligible participants in the Transition Incentives Program as specified in § 1410.64. 4. Amend § 1410.33 as follows: a. In paragraph (a)(3), remove the word “or”, b. Redesignate current paragraph (a)(4) as (a)(5), and c. Add a new paragraph (a)(4) to read as set forth below. § 1410.33 Contract modifications.

(a)* * *

(4)During the final year of the CRP contract's term, facilitate a transition of land subject to the contract from a retired or retiring owner or operator to a beginning or socially-disadvantaged farmer or rancher for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods; provided that for this purpose “sustainable grazing and crop production methods” will be considered, as determined by the Deputy Administrator, to be methods that would be designed as part of an overall plan defined on an ecosystem level to be useful in the creation of integrated systems of plant and animal production practices that have a site specific application that would:

(i)Meet human needs for food and fiber;

(ii)Enhance the environment and the natural resource base;

(iii)Use nonrenewable resources efficiently; and

(iv)Sustain the economic viability of farming operation; or 5. In § 1410.62, add paragraph

(g)as follows: § 1410.62 Miscellaneous.

(g)As determined by CCC, incentives may be authorized to foster opportunities for beginning and socially disadvantaged farmers and ranchers and to enhance long-term environmental goals. 6. Add § 1410.64 to read as set forth below: § 1410.64 Transition Incentives Program.

(a)To be eligible for the Transition Incentives Program, the retired or retiring owner or operator must, except as specified in paragraph

(f)of this section:

(1)Have land that is expiring under an existing CRP contract with a 50 percent or greater interest as provided at § 1410.42 (c);

(2)Sell or lease (under a qualifying nonrevocable lease of at least 5 years in length) expiring CRP land to a beginning or socially disadvantaged farmer or rancher who will return some or all of the land to production using sustainable grazing or crop production methods;

(3)Modify the CRP contract in accordance with § 1410.33(a)(4);

(4)Allow the beginning or socially disadvantaged farmer or rancher to begin the organic certification process under the Organic Foods Production Act of 1990 during the last year of the contract, if requested by that farmer or rancher;

(5)Allow the beginning or socially disadvantaged farmer or rancher to develop a conservation plan for the land; and

(6)Allow the beginning or socially disadvantaged farmer or rancher to install conservation practices and initiate land improvements that are consistent with the conservation plan during the last year of the contract.

(b)To be eligible for participation in the Transition Incentives Program, the beginning or socially disadvantaged farmers or ranchers must:

(1)Certify that they meet the definition in § 1410.2 of either a beginning farmer or rancher or a socially disadvantaged farmer or rancher;

(2)Obtain and implement a conservation plan; and

(3)Implement sustainable grazing or crop production in compliance with the conservation plan by the time specified in the plan.

(c)Eligible beginning or socially disadvantaged farmers or ranchers will be eligible immediately to reenroll partial field conservation practices in CRP, in accordance with the conservation plan and the provisions of this part, following the expiration of the CRP contract of the qualified retired or retiring owner or operator, provided that the beginning or socially disadvantaged farmer or rancher has control of the property and meets all other qualifying conditions of CRP, as specified in this part.

(d)Eligible beginning or socially disadvantaged farmers or ranchers will be eligible to enroll land in the Conservation Stewardship Program or the Environmental Quality Incentives Program, as specified in parts 1470 and 1466 of this chapter, provided that their offer to enroll otherwise meets all program conditions, and provided that the CRP contract of the retired or retiring owner or operator has expired and the beginning or socially disadvantaged farmer or rancher has sufficient control of the property.

(e)As an incentive for selling or leasing land to a beginning or socially disadvantaged farmer or rancher who is not a family member, CCC will pay 2 years of additional CRP annual rental payments at the same contract rate to a retired or retiring owner or operator. The retired or retiring owner or operator must certify that the beginning or socially disadvantaged farmer or rancher is not a family member.

(f)Subject to all other program conditions, incentive payments may be allowed for contracts that have already expired if:

(1)The contract expired on or after June 18, 2008, and contract modification began on or before September 30, 2010;

(2)The transfer to the beginning or socially disadvantaged farmer or rancher will occur after the contract modification; and

(3)All other program conditions are otherwise met.

(g)Eligible retired or retiring owner or operator and eligible beginning or socially disadvantaged farmer or rancher must agree to be jointly and severally responsible, if the participant has a share of the payment greater than zero, with the other Transition Incentive Program agreement participants in compliance with the provisions of such Transition Incentive Program agreement and the provisions of this part and for any payment adjustments that may be required for violations of any of the terms or conditions of the Transition Incentive Program agreement and this part. Signed at Washington, DC, on April 27, 2010. Jonathan W. Coppess, Executive Vice President, Commodity Credit Corporation. [FR Doc. 2010-11595 Filed 5-13-10; 8:45 am]

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