Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-12-30.xml --- 76 251 Friday, December 30, 2011 Contents Agriculture Agriculture Department See Food Safety and Inspection Service RULES Highly Erodible Land and Wetland Conservation, 82075-82077 2011-33547 Army Army Department NOTICES Privacy Act; Systems of Records, 82286 2011-33608 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Ocean Energy Management NOTICES Environmental Impact Statements;

Availability, etc.: Gulf of Mexico, Outer Continental Shelf, Western Planning Area and Central Planning Area; Oil and Gas Lease Sales for 2012-2017, 82319-82320 2011-33605 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Clinical Laboratory Improvement Advisory Committee, 82299 2011-33388 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 82299 2011-33574 Request for Nominations: Advisory Committee on Breast Cancer in Young Women, 82300 2011-33576 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions, 82279-82282 2011-33541 Procurement List; Proposed Additions and Deletions, 82282-82283 2011-33542 Defense Department Defense Department See Army Department NOTICES Privacy Act; Systems of Records, 82283-82285 2011-33568 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Applications for New Awards: Advanced Rehabilitation Research Training Projects, 82286-82291 2011-33607 Employment and Training Employment and Training Administration RULES Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program;

Delay of Effective Date, 82115-82116 2011-33521 Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Guidance, 82116-82117 2011-33523 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: California; Determinations of Failure to Attain the One-Hour Ozone Standard, 82133-82146 2011-33475 Pesticide Tolerances:

Cyhalofop-butyl, 82152-82157 2011-33480 Difenoconazole, 82157-82163 2011-33482 Tepraloxydim, 82146-82152 2011-33477 PROPOSED RULES Amendments to Delegation of Authority Provisions in the Prevention of Significant Deterioration Program, 82234-82238 2011-33592 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 82238-82240 2011-33440 Regional Haze: Revisions to Provisions Governing Alternatives to Source-Specific Best Available Retrofit Technology Determinations, etc., 82219-82234 2011-33586 NOTICES Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 82296 2011-33618 Pyrethrins/Pyrethroid Cumulative Risk Assessment, 82296-82297 2011-33437 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: General Electric Co.

(GE)GE90-110B1 and GE90-115B Turbofan Engines, 82103-82105 2011-32832 Lockheed Martin Corp./Lockheed Martin Aeronautics Co. Airplanes, 82106-82110 2011-33243 The Boeing Company Airplanes, 82111-82113 2011-32678 Thielert Aircraft Engines GmbH Reciprocating Engines, 82110-82111 2011-33514 Amendment of Class E Airspace: Show Low, AZ, 82113-82114 2011-33564 Amendment of VOR Federal Airways V-320 and V-440; Alaska, 82114-82115 2011-33463 PROPOSED RULES Airworthiness Directives: Cessna Aircraft Company Airplanes, 82205-82207 2011-33563 International Aero Engines AG Turbofan Engines, 82202-82204 2011-33536 The Boeing Company Airplanes, 2011-33544 82207-82212 2011-33575 NOTICES Release of Aeronautical Property: Erie International Airport, Erie, PA, 82347-82348 2011-33562 Federal Communications Federal Communications Commission RULES Twenty-First Century Communications and Video Accessibility, 82354-82402 2011-31162 PROPOSED RULES Twenty-First Century Communications and Video Accessibility, 82240-82264 2011-31160 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82297-82298 2011-31081 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2011-33516 2011-33517 2011-33518 82291-82295 2011-33519 2011-33533 2011-33559 Filings: Central Power and Lime LLC, 82295-82296 2011-33534 Federal Motor Federal Motor Carrier Safety Administration RULES Drivers of CMVs: Restricting the Use of Cellular Phones, 82179-82180 2011-33198 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 82298-82299 2011-33537 Fiscal Fiscal Service NOTICES Prompt Payment Interest Rate; Contract Disputes Act, 82350-82351 2011-33528 Food and Drug Food and Drug Administration RULES Medical Devices: Ovarian Adnexal Mass Assessment Score Test System; Labeling; Black Box Restrictions, 82129-82131 2011-33588 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Labeling Requirements for Blood and Blood Components, Including Source Plasma; Revisions, 82300-82301 2011-33555 Medical Devices; Humanitarian Use Devices, 82301-82302 2011-33551 Determinations that Drugs Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: HYCODAN, 82302-82303 2011-33549 Draft Guidance for Industry; Availability: Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices, 82303-82306 2011-33550 Use of Histology in Biomarker Qualification Studies, 82306-82308 2011-33553 Guidance for Industry; Availability: Current Good Tissue Practice and Additional Requirements for Manufacturers of Human Cells, Tissues, and Cellular and Tissue-Based Products, 82308-82309 2011-33572 Meetings: Cardiovascular and Renal Drugs Advisory Committee, 82310 2011-33561 Oncologic Drugs Advisory Committee, 2011-33548 82309-82311 2011-33552 Report on Good Guidance Practices; Availability: Improving Efficiency and Transparency, 82311-82312 2011-33573 Food Safety Food Safety and Inspection Service RULES Food Ingredients and Sources of Radiation Listed or Approved for Use in the Production of Meat and Poultry Products; Technical Amendment, 82077-82079 2011-33427 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 82317-82319 2011-33301 Interior Interior Department See Bureau of Ocean Energy Management See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc., 82268-82275 2011-33594 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Citric Acid and Certain Citrate Salts from the People's Republic of China, 82275 2011-33596 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings: Base Quantity of Imports; Ethyl Alcohol for Fuel Use, 82320-82321 2011-33560 Labor Department Labor Department See Employment and Training Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mass Layoff Statistics Program, 82322 2011-33557 Notice of Controversion of Right to Compensation, 82321-82322 2011-33556 National Institute National Institutes of Health NOTICES Meetings: National Institute of Mental Health, 82313 2011-33599 National Institute on Aging, 82313 2011-33597 National Labor National Labor Relations Board RULES Employee Rights under the National Labor Relations Act, 82133 2011-33571 Special Procedural Rules: Representation Cases Governing Periods When the National Labor Relations Board Lacks a Quorum of Members, 82131-82133 2011-33668 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic Region, 82183-82189 2011-33300 Queen Conch and Reef Fish Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands; Amendments, 82404-82412 2011-33512 Fisheries of the Northeastern U.S.: Interim 2012 Summer Flounder, Scup, and Black Sea Bass Specifications; 2012 Research Set-Aside Projects, 82189-82197 2011-33442 Northeast Multispecies Fishery; Recreational Accountability Measures, 82197-82200 2011-33319 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species: Fishing Restrictions for Bigeye Tuna and Yellowfin Tuna in Purse Seine Fisheries for 2012, 82180-82183 2011-33593 Management Plans of Puerto Rico and the U.S. Virgin Islands: Reef Fish, Spiny Lobster, Queen Conch and Coral and Reef Associated Plants and Invertebrates Fishery; Amendments, 82414-82419 2011-33515 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Comprehensive Annual Catch Limit Amendment for the South Atlantic, 82264-82267 2011-33601 NOTICES Environmental Impact Statements; Availability, etc.: Effects of Oil and Gas Activities in the Arctic Ocean, 82275-82277 2011-33195 Nomination of Existing Marine Protected Areas to the National System of Marine Protected Areas, 82277-82279 2011-33540 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Adoption of a Long-Term Experimental and Management Plan for the Operation of Glen Canyon Dam, 82320 2011-33538 Nuclear Regulatory Nuclear Regulatory Commission RULES AP1000 Design Certification, 82079-82103 2011-33266 PROPOSED RULES General Site Suitability Criteria for Nuclear Power Stations, 82201-82202 2011-33577 NOTICES Design, Inspection, and Testing Criteria for Air Filtration and Adsorption Units, 82323 2011-33545 Patent Patent and Trademark Office NOTICES Electronic Delivery of Search Results to the European Patent Office, 82279 2011-33539 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials: Harmonization with the United Nations Recommendations on the Transport of Dangerous Goods, etc., 82163-82179 2011-33358 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 82323-82324 2011-33665 Public Debt Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Adoption of a Long-term Experimental and Management Plan for the Operation of Glen Canyon Dam, 82320 2011-33538 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 2011-33587 82332-82334, 82336-82339 2011-33590 Financial Industry Regulatory Authority, Inc., 82334-82335 2011-33589 New York Stock Exchange LLC, 2011-33583 82339-82344 2011-33584 2011-33585 NYSE Amex LLC, 82324-82331, 82344-82346 2011-33578 2011-33579 2011-33580 2011-33581 2011-33582 State Department State Department NOTICES Assistance to Autonomous Government of Southern Sudan and U.S. Contribution to Global Fund to Fight AIDS, Tuberculosis and Malaria, 82346 2011-33613 Culturally Significant Objects Imported for Exhibition Determinations: Alina Szapocznikow; Sculpture Undone, 1955-1972, 82346 2011-33617 Determinations and Waivers under U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act: Assistance to Autonomous Government of Southern Sudan and U.S. Contribution to Global Fund, 82346-82347 2011-33611 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Norfolk Southern Railway Co. in Marietta, Lancaster County, PA, 82348-82349 2011-33493 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82349-82350 2011-33526 Releases of Waybill Data, 82350 2011-33522 Trackage Rights Exemption: Chicago, Central & Pacific Railroad Co. from Cedar River Railroad Co., 82350 2011-33525 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board See Transportation Security Administration RULES Enhancing Airline Passenger Protections: Full Fare Price Advertising Requirements, 82115 2011-33595 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Security Officer Medical Questionnaire, 82313-82314 2011-33520 Treasury Treasury Department See Fiscal Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Entry/Immediate Delivery Application and Simplified Entry, 82315-82316 2011-33604 Prior Disclosure, 82315 2011-33606 Small Vessel Reporting System, 82314-82315 2011-33609 Petitions to Reconcile Inconsistent Customs Decisions: Tariff Classification of CN-9 Solution, 82316-82317 2011-33603 Veteran Affairs Veterans Affairs Department PROPOSED RULES Grants for Transportation of Veterans in Highly Rural Areas, 82212-82218 2011-33435 Workers' Workers Compensation Programs Office RULES Regulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational Vessels, 82117-82129 2011-32880 Separate Parts In This Issue Part II Federal Communications Commission, 82354-82402 2011-31162 Part III Commerce Department, National Oceanic and Atmospheric Administration, 82404-82412 2011-33512 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 82414-82419 2011-33515 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. 76 251 Friday, December 30, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 12 RIN 0560-AH97 Highly Erodible Land and Wetland Conservation AGENCY: Office of the Secretary and Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: Existing Department of Agriculture

(USDA)regulations specify the conditions that may make a producer ineligible for certain USDA benefits, such as disaster assistance payments from the Farm Service Agency (FSA), in certain cases in which agricultural commodities are planted on highly erodible land or a converted wetland, or the production of agricultural commodities on acreage is made possible by the conversion of a wetland. Those regulations also specify the authorized exemptions, which include an exemption based on a “good faith” determination. The “good faith” provisions in the USDA regulations allow violators of highly erodible land conservation

(HELC)or wetland conservation

(WC)provisions to retain eligibility for USDA program benefits if certain conditions are met. This rule revises the “good faith” provisions in two ways, first, by requiring higher level concurrence within USDA with the good faith determination and second, by reducing the amount of the benefit to be received in an amount commensurate with the seriousness of a HELC violation. These changes to the regulations are made to implement provisions specified in the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). DATES: *Effective Date:* December 30, 2011. FOR FURTHER INFORMATION CONTACT: Candace Thompson, Production, Emergencies and Compliance Division, Farm Service Agency, United States Department of Agriculture (USDA); telephone:

(202)720-3463. 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 USDA regulations specifying the conditions that may make a producer ineligible for certain USDA benefits, such as disaster assistance payments from FSA, in certain cases in which agricultural commodities are planted on highly erodible land or a converted wetland, or production of agricultural commodities on acreage is made possible by the conversion of a wetland, are in 7 CFR part 12, “Highly Erodible Land and Wetland Conservation.” The regulations have been in place since the implementation of the requirements in the Food Security Act of 1985 (Pub. L. 99-198, commonly known as the 1985 Farm Bill). The 1985 Farm Bill provides restrictions applicable to participants in certain USDA programs on the use of highly erodible land and wetlands. Participants are ineligible for certain loans, payments, and benefits for the production of an agricultural commodity on highly erodible land unless the land is farmed according to a conservation system approved by USDA's Natural Resources Conservation Service (NRCS). Participants are similarly ineligible for benefits if they convert a wetland to make possible the production of an agricultural commodity or plant an agricultural commodity on a converted wetland. Under the HELC and WC provisions of the 1985 Farm Bill, persons determined to be in violation of HELC or WC provisions are ineligible for certain loans, payments, and benefits in the year that the violation occurred. Persons who violate HELC or WC provisions remain ineligible for certain loans, payments, and benefits until corrective actions have been implemented on the highly erodible land or the converted wetland has been restored. This rule is not changing these HELC and WC provisions. The 1985 Farm Bill and the current regulations provide some exemptions to the requirements of the HELC and WC provisions and allow USDA flexibility in helping producers achieve compliance. Eligibility for loans, payments, and benefits may be reinstated if one of the exemptions authorized by the 1985 Farm Bill and implemented in the current regulations applies. One of those exemptions applies to persons who failed to apply a conservation system on highly erodible land, or who converted wetlands or planted an agricultural commodity on a converted wetland but who acted in good faith and without intent to violate HELC or WC provisions. These exemptions are specified in § 12.5, “Exemptions.” Prior to the 2008 Farm Bill, the HELC and WC provisions in 16 U.S.C. 3812 and 3822 allow for a good faith exemption to the program ineligibility that would otherwise apply in the case of a violation. Section 2002 of the 2008 Farm Bill amends the “good faith” provisions by requiring additional review for determinations for both HELC and WC matters and by changing the HELC provisions to provide that in all cases the Secretary can impose a payment reduction commensurate with the seriousness of the violation. Under prior law in some cases the Secretary was required to automatically fully allow program benefits. With respect to review, the 2008 Farm Bill specifies that local HELC and WC good faith determinations must be reviewed within the agency. Specifically, under the new process, the good faith determinations made by a local FSA county committee must be reviewed at the FSA State or district level, with the technical concurrence of the NRCS State or area level conservationist, before benefits are restored. These new provisions have been implemented administratively to be in compliance with the 2008 Farm Bill requirements, and this rule changes the regulations accordingly. In addition to making these changes, this rule revises several paragraphs in the regulation to simplify the structure and to clarify the language, without changing the substantive provisions. Additionally, this rule makes a minor, technical change by adding the word “acreage” in the paragraphs on wetland mitigation, so that the rule will now require that wetland values, acreage, and functions are adequately mitigated. ( **Note:** The remaining uses of the term “functions and values” in 7 CFR part 12 are correct and do not need to be changed.) That change is made to be consistent with section 1222(f)(2) of the 1985 Farm Bill, (16 U.S.C. 3822(f)). The change is being made in the following paragraphs: • Section 12.1(b)(4), • Section 12.4(c), • Section 12.5(b)(1)(iii)(D), (b)(1)(vi)(A), (b)(1)(vi)(B), and (b)(4)(i), (b)(4)(i)(E), (b)(4)(i)(F), (b)(4)(ii), and(b)(4)(iii), • Section 12.31(d) (in the final sentence only), and • Section 12.33(a). Notice and Comment These regulations are exempt from the notice and comment requirements of the Administrative Procedures Act (5 U.S.C. 553) as specified in section 2904 of the 2008 Farm Bill, which requires that the regulations be promulgated and administered without regard to 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. Executive Orders 12866 and 13563 Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives, and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget

(OMB)designated this rule as not significant according to Executive Order 12866, and, therefore, this rule has not been reviewed by OMB. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this rule because the Secretary of Agriculture, FSA, and CCC are not required to publish a notice of proposed rulemaking for this rule. Environmental Review 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 specific changes required by the 2008 Farm Bill that are identified in this rule are considered administrative in nature, solely amending those provisions in the USDA regulations dealing with HELC and WC violators and the retention of USDA program benefits. Therefore, FSA has determined that NEPA does not apply to this final rule, and no environmental assessment or environmental impact statement will be prepared. 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 rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not retroactive and 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 regarding the provisions of this rule, appeal provisions of 7 CFR parts 11 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 Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. This rule does not impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed for compliance with Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” The Executive Order imposes requirements on the development of regulatory policies that have Tribal implications or preempt Tribal laws. The policies contained in this rule do not preempt Tribal law. This rule was included in the October through December, 2010, Joint Regional Consultation Strategy facilitated by USDA that consolidated consultation efforts of 70 rules from the 2008 Farm Bill. USDA sent senior level agency staff to seven regional locations and consulted with Tribal leadership in each region on the rules. When the consultation process is complete, USDA will analyze the feedback and then incorporate any required changes into the regulations. Unfunded Mandates This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4). In addition, the Secretary of Agriculture 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 This rule has a potential impact on participants in most programs listed in the Catalog of Federal Domestic Assistance in the Agency Program Index under the Department of Agriculture. 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 FSA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 12 Administrative practice and procedure, Loan programs—Agriculture, Price support programs, Reporting and recordkeeping requirements, Soil conservation. For the reasons explained above, 7 CFR part 12 is amended as follows: PART 12—HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION 1. The authority citation for 7 CFR part 12 is revised to read as follows: Authority: 16 U.S.C. 3801, 3812, and 3822(h). § 12.3 [Amended] 2. Amend § 12.3, in paragraph (a), by removing the words “Virgin Island” and adding, in their place, the words “Virgin Islands.” § 12.4 [Amended] 3. Amend § 12.4, in paragraph (d)(2), by removing the words “or highly erodible land” and adding, in their place, the words “on highly erodible land.” 4. Amend § 12.5 as follows: a. Revise paragraph (a)(5) to read as set forth below, b. Add paragraph (a)(7) to read as set forth below, c. Revise paragraph (b)(5)(i) to read as set forth below. § 12.5 Exemption.

(a)* * *

(5)*Good faith.*

(i)No person will become ineligible under § 12.4 as a result of the failure of such person to apply a conservation system on highly erodible land if all of the following apply:

(A)FSA determines such person has acted in good faith and without the intent to violate the provisions of this part;

(B)NRCS determines that the person complies with paragraph (a)(5)(ii) of this section; and

(ii)A person who otherwise meets the requirements of paragraphs (a)(5)(i)(A) and (a)(5)(i)(C) of this section will be allowed a reasonable period of time, as determined by NRCS, but not to exceed one year, during which to implement the measures and practices necessary to be considered actively applying the person's conservation plan, as determined by USDA. If a person does not take the required corrective actions, the person may be determined to be ineligible for the crop year during which such actions were to be taken, as well as any subsequent crop year.

(iii)Notwithstanding the good-faith requirements of paragraph (a)(5)(i) of this section, if NRCS observes a possible compliance deficiency while providing on-site technical assistance, NRCS will provide to the responsible person, not later than 45 days after observing the possible violation, information regarding actions needed to comply with the plan and this subtitle. NRCS will provide this information in lieu of reporting the observation as a violation, if the responsible person attempts to correct the deficiencies as soon as practicable, as determined by NRCS, after receiving the information, but not later than one year after receiving the information. If a person does not take the required corrective actions, the person may be determined to be ineligible for the crop year during which the compliance deficiencies occurred, as well as any subsequent crop year.

(iv)A person who meets the requirements of paragraphs (a)(5)(i) and (a)(5)(ii) of this section will, in lieu of the loss of all benefits specified under § 12.4(d) and

(e)for such crop year, be subject to a reduction in benefits by an amount commensurate with the seriousness of the violation, as determined by FSA. The dollar amount of the reduction will be determined by FSA and may be based on the number of acres and the degree of erosion hazard for the area in violation, as determined by NRCS, or upon such other factors as FSA determines appropriate.

(v)Any person whose benefits are reduced in a crop year under paragraph (a)(5) of this section may be eligible for all of the benefits specified under § 12.4(d) and

(e)for any subsequent crop year if, prior to the beginning of the subsequent crop year, NRCS determines that such person is actively applying a conservation plan according to the schedule specified in the plan on all highly erodible land planted to an agricultural commodity or designated as conservation use.

(7)*Technical and minor violations.* Notwithstanding any other provisions of this part, a reduction in benefits in an amount commensurate with the seriousness of the violation, as determined by FSA, and consistent with paragraph (a)(5)(iv) of this section, will be applied if NRCS determines that a violation involving highly erodible land that would otherwise lead to a loss of benefits is both of the following:

(i)Technical and minor in nature; and

(ii)Has a minimal effect on the erosion control purposes of the conservation plan applicable to the land on which the violation occurred.

(b)* * *

(5)*Good faith violations.*

(i)A person who is determined under § 12.4 of this part to be ineligible for benefits as the result of the production of an agricultural commodity on a wetland converted after December 23, 1985, or as the result of the conversion of a wetland after November 28, 1990, may regain eligibility for benefits if all of the following apply:

(A)FSA determines that such person acted in good faith and without the intent to violate the wetland provisions of this part; and

(B)NRCS determines that the person is implementing all practices in a mitigation plan within an agreed-to period, not to exceed one year; and

(C)The good faith determination of the FSA county or State committee has been reviewed and approved by the applicable State Executive Director, with the technical concurrence of the State Conservationist; or district director, with the technical concurrence of the area conservationist. 5. In addition to the amendments set forth above, in the following places in part 12 remove the words “functions and values” and add in their place the words “values, acreage, and functions”: a. § 12.1(b)(4), b. § 12.4(c) each time it appears, c. § 12.5(b)(1)(iii)(D), (b)(1)(vi)(A), (b)(1)(vi)(B), and (b)(4)(i) introductory text, (b)(4)(i)(E), (b)(4)(i)(F), (b)(4)(ii), and(b)(4)(iii). d. § 12.31(d) in the final sentence only, and e. § 12.33(a). Dated: December 16, 2011. Thomas J. Vilsack, Secretary. [FR Doc. 2011-33547 Filed 12-29-11; 8:45 am]

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