Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-02-27.xml --- 80 39 Friday, February 27, 2015 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Charter Renewals: Plant Variety Protection Board, 10660-10661 2015-04086 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service See Grain Inspection, Packers and Stockyards Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Women, Infants and Children; Infant and Toddler Feeding Practices Study—2 (ITFPS—2) Age 3 Extension, 10660 2015-04088 Reestablishment of the Advisory Committee on Biotechnology and 21st Century Agriculture, 10660 2015-04107 Animal Animal and Plant Health Inspection Service RULES Highly Pathogenic Avian Influenza: Technical Amendments, 10575-10576 2015-04147 PROPOSED RULES Agricultural Bioterrorism Protection Act of 2002: Biennial Review and Republication of the Select Agent and Toxin List, 10627 2015-04180 NOTICES Treatment Evaluation Documents:

Methyl Bromide Fumigation of Figs, 10661-10662 2015-04172 Antitrust Division Antitrust Division NOTICES Changes Under National Cooperative Research and Production Act: Members of SGIP 2.0, Inc., 10715 2015-04099 National Shipbuilding Research Program, 10716 2015-04100 Network Centric Operations Industry Consortium, Inc., 10716 2015-04098 Telemanagement Forum, 10715-10716 2015-04102 Antitrust See Antitrust Division Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Information and Communication Technology Standards and Guidelines, 10880-10948 2015-03467 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10669-10670 2015-04076 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:, 10669 2015-04153 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Programs: Right of Appeal for Medicare Secondary Payer Determinations Relating to Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers Compensation Laws and Plans, 10611-10618 2015-04143 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10686-10688 2015-04113 2015-04115 Charter Renewals: Advisory Panel on Outreach and Education, Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs, 10688-10690 2015-04174 Medicare Program: Advisory Panel on Hospital Outpatient Payment Membership Appointments, 10690-10691 2015-04175 Meetings: Advisory Panel on Outreach and Education, Health Insurance Marketplace, Medicare, Medicaid, and Children's Health Insurance Programs, 10694-10695 2015-04173 Revisions to the Healthcare Common Procedure Coding System Coding and Payment Determinations, 10691-10694 2015-04178 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Annual Report on Households Assisted by the Low Income Home Energy Assistance, 10697 2015-04141 Collection Requirements for the Low Income Home Energy Assistance Program ACF-535 Quarterly Allocation Estimates, 10696-10697 2015-04138 Understanding the Intersection Between TANF and Refugee Cash Assistance Services, 10695-10696 2015-04101 Coast Guard Coast Guard RULES Drawbridge Operations: Passaic River, Rutherford, NJ, 10590-10591 2015-04152 PROPOSED RULES Safety Zones:

Marine Safety Unit Savannah Safety Zone for Heavy Weather and Other Natural Disasters, Savannah Captain of the Port Zone, Savannah, GA, 10635-10637 2015-04163 NOTICES National Preparedness for Response Exercise Program Guidelines, 10704-10710 2015-04160 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 10668 2015-04096 Commodity Credit Commodity Credit Corporation RULES Agricultural Conservation Easement Program, 11032-11065 2015-03781 Biomass Crop Assistance Program, 10569-10575 2015-04092 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Earned Value Management System, 10670 2015-04051 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System Delaware Delaware River Basin Commission NOTICES Meetings:

Public Hearing and Business Meeting, 10670-10671 2015-03956 Education Department Education Department NOTICES Applications for New Awards: Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program, 10671-10676 2015-04137 Employment and Training Employment and Training Administration NOTICES Schedule of Remuneration for the Unemployment Compensation for Ex-Servicemembers, 10721-10722 2015-04117 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Standards for Portable Air Conditioners:

Preliminary Technical Support Document; Public Meeting, 10628-10632 2015-04110 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration Units, 10608-10610 2015-03922 Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO 2 , and 2010 SO 2 NAAQS, 10591-10596 2015-04011 Delegations of Authority for New Source Performance Standards, etc.:

Iowa; Kansas; Missouri; Nebraska; Lincoln-Lancaster County, NE; and City of Omaha, NE, 10596-10608 2015-04171 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Designated Facilities and Pollutants: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming; Negative Declarations; Control of Emissions From Existing Sewage Sludge Incineration Units, 10655-10656 2015-03921 Illinois; Emission Limit Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO 2 , and 2010 SO 2 NAAQS, 10652-10654 2015-04015 Indiana;

Infrastructure SIP Requirements for the 2010 NO 2 and SO 2 NAAQS, 10644-10652 2015-04014 Ohio; PSD Infrastructure SIP Requirements for the 2008 Lead, 2008 Ozone, 2010 NO 2 , and 2010 SO 2 NAAQS, 10655 2015-04010 NOTICES Access to Confidential Business Information by the Food and Drug Administration, Office of Foods and Veterinary Medicine, 10682-10683 2015-04149 Coastal Nonpoint Pollution Control Program: Finding That Oregon Has Not Submitted a Fully Approvable Coastal Nonpoint Pollution Control Program, 10667-10668 2015-04230 Environmental Impact Statements;

Availability, etc., 10683 2015-04139 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 10576-10580 2015-03920 2015-03923 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 10580-10586 2015-03931 2015-03932 PROPOSED RULES Special Conditions: Bombardier Aerospace Incorporated, Models BD-500-1A10 and BD-500-1A11 Series Airplanes;

Electronic Flight Control System: Pitch and Roll Limiting Functions, 10632-10633 2015-04050 Federal Communications Federal Communications Commission RULES Improving 9-1-1 Reliability: Reliability and Continuity of Communications Networks, Including Broadband Technologies, 10618-10619 2015-03433 PROPOSED RULES Connect America Phase II Competitive Bidding Process: Wireline Competition Bureau Letter of Credit Proposals, 10658-10659 2015-04201 NOTICES Meetings: Technological Advisory Council, 10683-10684 2015-04202 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminated Receiverships:

American National Bank, Parma, OH, 10684 2015-04043 Federal Energy Federal Energy Regulatory Commission NOTICES Filing to Establish Reliability Must Run Tariff Provisions: New York Independent System Operator, Inc., 10676-10681 2015-04119 Investigations and Refund Effective Dates.: DATC Path 15, LLC, 10681 2015-04082 Meetings: PennEast Pipeline Co., LLC, Environmental Impact Statement for the Planned PennEast Pipeline Project, 10681-10682 2015-04049 Requests Under Blanket Authorizations:

El Paso Natural Gas Co., LLC, 10682 2015-04125 Federal Railroad Federal Railroad Administration PROPOSED RULES Risk Reduction Program, 10950-10999 2015-03268 Federal Transit Federal Transit Administration RULES Interim Safety Certification Training Program Provisions, 10619-10626 2015-03842 PROPOSED RULES State Safety Oversight, 11002-11030 2015-03841 Food and Drug Food and Drug Administration RULES Medical Device Reporting: Electronic Submission Requirements; Correcting Amendments, 10586-10587 2015-03943 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Prescription Drug Marketing Act of 1987; Administrative Procedures, Policies, and Requirements, 10697-10699 2015-04131 Meetings: 2015 Office of Regulatory Science and Innovation Science Symposium, 10700-10701 2015-04123 Cardiovascular and Renal Drugs Advisory Committee, 10700 2015-04128 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Rim Fire Reforestation; Stanislaus National Forest, CA, 10663-10664 2015-04109 Salt River Allotments Vegetative Management, Retractions, 10662-10663 2015-04073 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Acquisition Regulation; Contract Financing Final Payment (Release of Claims), 10684-10685 2015-04116 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers, 10664-10665 2015-04200 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES Patient Protection and Affordable Care Act:

Benefit and Payment Parameters, 10750-10877 2015-03751 PROPOSED RULES Possession, Use, and Transfer of Select Agents and Toxins: Biennial Review, 10656-10658 2015-04169 NOTICES Determinations: Emergency Use of New In Vitro Diagnostics for Detection of Enterovirus D68, 10685-10686 2015-04121 Meetings: Secretary's Advisory Committee on Human Research Protections, 10686 2015-04120 Homeland Homeland Security Department See Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Award of Public Contracts, 10703-10704 2015-04126 Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities To Assist the Homeless, 10710-10711 2015-04031 Industry Industry and Security Bureau NOTICES Meetings: Emerging Technology and Research Advisory Committee, 10665 2015-04268 Interior Interior Department See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Alternative Simplified Credit Election, 10587-10590 2015-04111 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Orphan Drug Credit, 10746-10747 2015-04108 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Carbon Quality Steel Pipe From the People's Republic of China, 10665-10666 2015-04203 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications and Rulings, etc.: Certain Kitchen Appliance Shelving and Racks From China, 10713 2015-04114 Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Light Reflectors and Components, Packaging, and Related Advertising Thereof, 10713-10714 2015-04089 Justice Department Justice Department See Antitrust Division See Parole Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FBI Expungement Form, 10714-10715 2015-04122 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Affordable Care Act Section 2715 Summary Disclosures, 10717 2015-04094 Contribution Operations, 10718-10719 2015-04093 Controversion of Right to Compensation, 10718 2015-04079 Coverage of Certain Preventive Services Under the Affordable Care Act, 10719-10720 2015-04095 Notice of Final Payment or Suspension of Compensation Benefits, 10720-10721 2015-04078 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.:

Tres Rios Field Office Approved Resource Management Plan, Colorado, 10711-10712 2015-04075 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council; Science Committee; Astrophysics Subcommittee, 10723 2015-04103 NASA Advisory Council; Science Committee; Heliophysics Subcommittee, 10723-10724 2015-04104 NASA Advisory Council; Science Committee; Planetary Science Subcommittee, 10722-10723 2015-04105 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 10701 2015-04057 National Cancer Institute, 10702-10703 2015-04054 National Heart, Lung, and Blood Institute, 10701-10702 2015-04053 2015-04055 2015-04056 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10666 2015-04145 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Whaling Operations, 10667 2015-04144 Coastal Nonpoint Pollution Control Program:

Finding That Oregon Has Not Submitted a Fully Approvable Coastal Nonpoint Pollution Control Program, 10667-10668 2015-04230 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10724-10726 2015-04097 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessents; Availability, etc.: North Anna Power Station Independent Spent Fuel Storage Installation, 10726-10727 2015-04133 Establishment of Atomic Safety and Licensing Board:

Watts Bar Nuclear Plant, Unit 2, 10727 2015-04130 License Amendment Applications: Westinghouse Electric Co., LLC, 10727-10730 2015-04136 Meetings; Sunshine Act, 10730-10731 2015-04199 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Crane Operator Qualification Requirement in the Cranes and Derricks in Construction Standards: Advisory Committee on Construction Safety and Health; Special Meeting, 10633-10635 2015-03990 Parole Parole Commission NOTICES Meetings;

Sunshine Act, 10716-10717 2015-04219 Presidential Documents Presidential Documents PROCLAMATIONS Honouliuli National Monument; Establishment (Proc. 9234), 11067-11073 2015-04352 ADMINISTRATIVE ORDERS Cuba; Continuation of National Emergency Relating to the Anchorage and Movement of Vessels (Notice of February 25, 2015), 11075 2015-04353 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act Water Management Plans, 10712-10713 2015-03950 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10731-10732 2015-04063 2015-04064 2015-04065 2015-04066 Meetings; Sunshine Act, 10732-10733 2015-04264 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 10735-10738 2015-04068 Chicago Board Options Exchange, Inc., 10738-10743 2015-04067 Financial Industry Regulatory Authority, Inc., 10733-10735 2015-04084 Trading Suspension Orders: China Yili Petroleum Co., 10744 2015-04229 Defense Industries International, Inc., EvCarCo, Inc., and Island Breeze International, Inc., 10744 2015-04224 Dittybase Technologies, Inc., 10744 2015-04225 Energiz Renewable, Inc., Iron Eagle Group, Inc., and MedClean Technologies, Inc., 10743-10744 2015-04226 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10744-10745 2015-04071 Meetings: Advisory Committee on Veterans Business Affairs, 10745 2015-03520 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: From Bauhaus to Buenos Aires: Grete Stern and Horacio Coppola; Correction, 10745 2015-04132 Presidential Permit Applications: NuStar Logistics, LP; Construction, etc., of Pipeline Facilities on the Border of the United States and Mexico, 10745-10746 2015-04135 NuStar Logistics, LP;

Existing Pipeline on the Border of the United States and Mexico; Amendment, 10746 2015-04134 Tennessee Tennessee Valley Authority NOTICES Establishment of Atomic Safety and Licensing Board: Watts Bar Nuclear Plant, Unit 2, 10727 2015-04130 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities:

Gynecological Conditions and Disorders of the Breast, 10637-10644 2015-03851 Separate Parts In This Issue Part II Health and Human Services Department, 10750-10877 2015-03751 Part III Architectural and Transportation Barriers Compliance Board, 10880-10948 2015-03467 Part IV Transportation Department, Federal Railroad Administration, 10950-10999 2015-03268 Part V Transportation Department, Federal Transit Administration, 11002-11030 2015-03841 Part VI Agriculture Department, Commodity Credit Corporation, 11032-11065 2015-03781 Part VII Presidential Documents, 11067-11073, 11075 2015-04352 2015-04353 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. 80 39 Friday, February 27, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1450 RIN 0560-AI27 Biomass Crop Assistance Program AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Final rule. SUMMARY: The Farm Service Agency

(FSA)is amending the Biomass Crop Assistance Program

(BCAP)regulations to implement changes required by the Agricultural Act of 2014 (the 2014 Farm Bill). BCAP provides financial assistance to producers who establish, collect, harvest, store, and transport biomass crops. The 2014 Farm Bill reauthorizes BCAP, with certain changes that are implemented in this rule. The changes include reducing the payment rate per ton for collection, harvest, storage, and transportation of eligible materials, and limiting the cost share per acre for establishment of biomass crops. The requirements for eligible material and eligible land are revised in this rule, as required by the 2014 Farm Bill. The general scope of BCAP is not changing with this rule. DATES: *Effective Date:* May 28, 2015. *Comment Date:* We will consider comments we receive by April 28, 2015. ADDRESSES: We invite you to submit comments on this rule. In your comment, please specify RIN 0560-AI27 and include the volume, date, and page number of this issue of the **Federal Register** . You may submit comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments; • *Mail, Hand Delivery, or Courier:* Kelly Novak, FSA CEPD, USDA, STOP 0513, 1400 Independence Ave. SW., Washington, DC 20250-0513. All written comments will be available for inspection online at *www.regulations.gov* and at the mail address above during business hours from 8 a.m. to 5 p.m., Monday through Friday, except holidays. A copy of this rule is available through the FSA home page at *http://www.fsa.usda.gov/.* FOR FURTHER INFORMATION CONTACT: Kelly Novak, telephone

(202)720-4053. 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). SUPPLEMENTARY INFORMATION: Background BCAP is an FSA administered program using Commodity Credit Corporation

(CCC)funds. Section 9010 of the 2014 Farm Bill (Pub. L. 113-79) amends 7 U.S.C. 8111 and reauthorizes BCAP with certain changes. BCAP provides assistance to biomass producers and owners in two payment categories: • Matching payments to eligible material owners for the delivery of eligible material to qualified Biomass Conversion Facilities (BCFs). Qualified BCFs use biomass feedstocks to produce heat, power, biobased products, research, or advanced biofuels. The 2014 Farm Bill adds research as an authorized use of material by BCFs. • Establishment and annual payments to producers who enter into contracts with CCC to produce eligible biomass crops on contract acres within BCAP project areas. This rule implements all the required 2014 Farm Bill changes to both parts of the program and seeks comment on FSA's implementation of BCAP, given the required changes and changes to funding. The rule also includes several discretionary changes, including the removal of the participant's option for assignment of BCAP payments to third parties, and a clarification of how the two-year period of eligibility for matching payments, commencing with the effective date of this rule, will be calculated. Definitions and Terms Used in This Rule This rule adds, removes, or revises the following definitions: • “Agricultural residue” is being added and includes crop residues and woody orchard wastes. Both these types of residues can be eligible materials. • “Beginning farmer or rancher” is being removed, because that term is defined in 7 CFR part 718, which is referenced in § 1450.2. • “Dry ton” is being revised to clarify requirements for measuring moisture content of eligible woody materials. • “Eligible crop” is being revised to clarify that noxious and invasive species are ineligible for establishment and annual payments, and to move specific eligibility requirements to § 1450.200. • “Eligible land” is being added to reflect the 2014 Farm Bill requirements, which add eligibility for Conservation Reserve Program

(CRP)acreage or land in the Agricultural Conservation Easement Program

(ACEP)that expires in the current year of a BCAP project area signup and has not yet received a CRP or ACEP annual rental payment in the current year. • “Eligible material” is being revised to reflect the 2014 Farm Bill required changes for matching payments, and to move the specific eligibility requirements for material for matching payments to section § 1450.103. • “Native sod” is being revised to reflect the 2014 Farm Bill's change in definition for native sod that is required for other USDA programs. For the purposes of consistency with crop insurance and the Noninsured Crop Disaster Assistance Program

(NAP)regulations that now restrict the eligibility of native sod for those programs, the definition of native sod for the purposes of BCAP will now include ground that has never been tilled or the producer cannot substantiate that the ground has ever been tilled. • “Socially disadvantaged farmer or rancher” is being removed, because that term is defined in 7 CFR part 718, which is referenced in § 1450.2. Matching Payments The changes to the BCAP matching payments required by the 2014 Farm Bill include a reduced payment rate of up to $1 for each $1 per ton provided by the biomass conversion facility, in an amount not to exceed $20 per dry ton (previously $45 per ton) for a period of up to 2 years. The rate is being changed in § 1450.106. As specified in the 2014 Farm Bill and in this rule, bagasse, which includes sugar cane and sorghum biomass, is now specifically excluded from the definition of an eligible material and the requirements for eligible materials in Subpart B. This rule also requires that all eligible material be collected or harvested directly from the land according to an approved conservation plan, forest stewardship plan, or equivalent plan. For example, manufacturing wood wastes that are not harvested directly from the land, such as sawdust or sawmill residues, are not eligible woody material. Woody material, including orchard waste, must be collected and harvested directly from the land and must also be a by-product of preventive treatments for hazardous fuel reductions, or reduction or containment of disease or insect infestations. Woody material that is a by-product of preventative treatments solely for the purpose of restoring ecosystem health is no longer eligible. Woody material that can be used to create a higher-value product (such as a mulch product) is not eligible. The 2014 Farm Bill definition of “eligible material” also specifies that eligible material can now be used by a biomass conversion facility for the purpose of research, in addition to heat, power, biobased products and advanced biofuels. The 2014 Farm Bill clarifies that the rate for matching payments must be based on a “dry” ton. Therefore, this rule adds a requirement that biomass conversion facilities must use the applicable American Society for Testing and Materials

(ASTM)standards to determine dry ton weight of eligible materials. In addition, the eligible material owner, as specified in § 1450.104, is required to submit a request for payment on approved eligible woody material deliveries based on the dry ton weight that was determined using an ASTM standard. The 2014 Farm Bill continues the matching payment eligibility period of 2 years total per eligible material owner. This rule specifies that any matching payments received before the effective date of this final rule will not count towards an eligible material owner's 2-year period of eligibility for matching payments. This is a discretionary decision. FSA determined that the revised requirements for eligible materials and the reduction in payment rate changed the scope of the matching payments part of BCAP to the extent that a new 2-year period of payment eligibility for eligible material owners is appropriate. Project Areas The changes to BCAP establishment and annual payments required by the 2014 Farm Bill include: • Project area selection criteria will include consideration of existing project areas and continuation of funding to advance the maturity of such project areas; • Land eligibility will now include expiring CRP land and ACEP land, but the 2014 Farm Bill prohibits the Secretary from making a BCAP payment if a CRP or ACEP payment was received in the same year; • Establishment payment rates are reduced to not more than 50 percent of the costs of establishing an eligible perennial crop, not to exceed $500 per acre, except that socially disadvantaged farmers or ranchers may be reimbursed up to $750 per acre; and • Any plant that is an invasive or noxious species is explicitly excluded from the definition of “eligible crop.” The 2014 Farm Bill also provides specific authority for the Secretary to consider whether the biomass conversion facility for the project area has equity sufficient to be in operation by the date on which the eligible crops are ready for harvest. Under prior regulations, CCC could require information demonstrating that the biomass conversion facility would have sufficient equity available to operate. We are requesting comments on how we should apply this criterion in future Requests for Proposals (see Comments Requested section below). The 2014 Farm Bill clarifies that eligible crops for a project area do not include invasive or noxious species or varieties of plants. Therefore, this rule amends § 1450.200 to effect that exclusion. If a project area proposal includes species or plant varieties whose potential to be invasive or noxious has not yet been determined, the 2014 Farm Bill requires CCC to use “credible risk assessment tools or other credible sources” to determine which plants are invasive or noxious in a particular area. We are requesting comments on which credible risk assessment tools or other credible sources for determination CCC should use (see Comments Requested section below). The requirement to use credible risk assessment tools to determine which plants are invasive or noxious is in addition to the existing National Environmental Policy Act

(NEPA)requirements that apply to BCAP, which are not changing. FSA will continue to require the appropriate level of

(NEPA)review, consistent with 7 CFR 799, for BCAP project area proposals. As required by the 2014 Farm Bill, this rule amends § 1450.202 to include status as an existing project area as a new criterion in selecting BCAP project areas for funding, in order to advance the maturity of existing project areas. The 2014 Farm Bill does not specify what is meant by “maturity” of a project area. Different factors could be considered when determining “maturity,” including the harvesting of longer term crops, such as biomass trees, or the expansion of a project area, making it more economically viable in the long term. We are requesting comments on how FSA should apply this criterion (see Comments Requested section below). This rule amends § 1450.204 to make the changes in the definition of eligible land required by the 2014 Farm Bill. Specifically, CRP contract acreage and Grassland Reserve Program

(GRP)contract acreage were previously not eligible for BCAP, regardless of whether or not the CRP or GRP contract was due to expire within the year. The 2014 Farm Bill allows CRP acres that are in their expiring year, and which have not yet received an annual rental payment, to be eligible for enrollment into BCAP. The 2014 Farm Bill consolidates non-easement GRP acres into the CRP, so GRP acres are included in the provisions for expiring CRP land. The 2014 Farm Bill also consolidates GRP easements and Wetland Reserve Program

(WRP)contract acreage into the newly created ACEP, administered by the USDA Natural Resources Conservation Service (NRCS). Therefore, § 1450.204 now specifies that the expiring ACEP acres are also eligible for enrollment in BCAP, provided no current year annual payment was received. This rule removes obsolete references to GRP and WRP acreage eligibility. This rule is revising the levels and rates for establishment payments in § 1450.213 to reflect the limits provided in the 2014 Farm Bill. Specifically, the 2014 Farm Bill reduces the cost share for establishment payments from 75 percent to 50 percent of actual establishment costs and sets a payment limit of $500 per acre. The limit is $750 per acre if the producer is a socially disadvantaged farmer or rancher. There was no previous cap on payments per acre. Removal of Assignment Provisions As a discretionary decision, this rule removes § 1450.9 “Assignments.” That section included provisions that allowed participants to assign BCAP payments, including both matching and establishment payments, to third parties. This change is intended to improve program integrity and transparency. BCAP payments, as specified in the 2014 Farm Bill, are intended to benefit the land owner or operator or the eligible material owner. The removal of assignment of payments, under the matching payment portion of the program, lessens the potential for inappropriate assignment of payments to biomass conversion facilities under unauthorized value sharing arrangements. The removal of assignments, under the project area portion of the program, will likely provide greater clarity to stakeholders in project areas, which include project area sponsors and the contracting producers. The removal of the assignment of payment will help clarify that any crop establishment or harvesting services provided by the project sponsor or any other provider to the producer are services outside the scope of the BCAP program and the BCAP contract, and that financial responsibility for those actions is between the service provider and the producer. Policy Changes for Project Area Activities FSA will make certain changes to the way the establishment and annual payments portion of BCAP is implemented. These policies do not require changes to the regulations. As noted below, we are requesting comments on this rule and on implementation issues; these changes are being explained to provide information for the commenters (see Comments Requested section below). The requirements for project area signup are largely unchanged by the 2014 Farm Bill. FSA will continue to initiate project area signup by first requesting project area proposals. Once FSA receives proposals, FSA will select and designate geographic-and-eligible-crop-specific project areas, and then announce producer signup at FSA county offices. The process for producer signup is changing, to improve program effectiveness. In an effort to provide more timely outreach during signup, FSA will be evaluating and adjusting the timing of the producer signup process. In previous years, BCAP signup periods for establishment payments in approved project areas were relatively short and at less than optimal times for establishing crops. Therefore, FSA is revising the producer signup process to allow project area signups to take place on a continuous basis within the constraints of available funding. As noted below in the Comments Requested section, FSA welcomes public input on BCAP implementation issues and policies. Most of the itemized issues pertain to changes the 2014 Farm Bill made to the establishment and annual payments component of the program. Funding Changes in the 2014 Farm Bill The 2014 Farm Bill specifies the annual amount of funds authorized for BCAP and specifies how funding may be allocated among various activities. Specifically, the 2014 Farm Bill provides mandatory funding of $25 million for each of fiscal years 2014 through 2018, and specifies that the Secretary must use not less than 10 percent, nor more than 50 percent, of the funding for each fiscal year for BCAP matching payments. The $25 million each fiscal year is subject to sequestration or other reductions through the appropriations process. Section 716 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) effectively limited the funding available for BCAP in fiscal year 2015 to $23 million. The previous authorization for BCAP provided such sums as necessary from the mandatory appropriation for CCC; however, subsequent Congressional actions in the annual appropriations acts placed restrictions on the amount of funding available. The overall result of the 2014 Farm Bill changes in funding is to provide a more stable and predictable stream of funding for BCAP, although the annual amount of funding available is less than in some previous years. The 2014 Farm Bill also specifically authorizes funding of technical assistance from available BCAP funds. BCAP included technical assistance previously, but FSA did not have the specific authorization to use BCAP funds for those activities. FSA plans to expand technical assistance activities to provide BCAP with enhanced compliance spot checks, greater breadth of environmental reviews, outreach, and training. In addition, BCAP technical assistance will continue to include the development and evaluation of conservation plans, forest stewardship plans, or equivalent plans for participants. As noted in the next section, FSA seeks comments on how FSA should prioritize and implement various BCAP activities, given the funding authorization provided in the 2014 Farm Bill. Miscellaneous Corrections This rule makes several minor technical corrections, such as correcting typographical errors. Comments Requested on BCAP Implementation FSA is requesting public comments on how BCAP should be implemented in future years, given the new requirements in the 2014 Farm Bill and the limited funding authority. FSA is, in particular, requesting public comments on the following questions: • What information could FSA reasonably collect that would provide assurance that the biomass conversion facility has sufficient equity to be in operation by the date on which project area eligible crops are ready for harvest? • How could FSA best determine if expansion of a project area would advance the maturity of that project area? • What credible risk tools and sources should FSA consider in determining whether proposed crops are potentially invasive? • With a new cost share cap of 50 percent for establishment costs for perennial crops in project areas, what establishment practices should FSA consider as most important to support? • With the new limits to the BCAP budget, what priorities should FSA consider in implementing the program? Please provide information on these issues, and any other issues of concern with BCAP implementation, to the contacts listed in the ADDRESSES section. Specific comments addressing the issues raised above are most helpful; all comments are welcome. Proposals for alternatives should address data sources, costs, and the provisions of the 2014 Farm Bill that support the alternative. The following suggestions may be helpful for preparing your comments: • Explain your views as clearly as possible. • Describe any assumptions that you used. • Provide any technical information and data on which you based your views. • Provide specific examples to illustrate your points. • Offer specific alternatives to the current regulations or policies and indicate the source of necessary data, the estimated cost of obtaining the data, and how the data can be verified. Submit your comments by the comment period deadline. Notice and Comment We are issuing this final rule without prior notice and opportunity for comment. The Administrative Procedure Act

(APA)exempts rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts” from the statutory requirement for prior notice and opportunity for comment. 5 U.S.C. 553(a)(2). However, FSA is providing a 60-day comment period and we invite you to participate in this rulemaking by submitting written comments, data, or views. We will consider the comments we receive and may conduct additional rulemaking based on the comments. 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 under Executive Order 12866, and therefore, OMB has not reviewed this rule. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally requires an agency to prepare a regulatory flexibility analysis of any rule whenever an agency is required by APA or any other law to publish a proposed rule, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is exempt from notice and comment rulemaking requirements of the APA and no other law requires that a proposed rule be published for this rulemaking initiative. Environmental Review The environmental impacts of this final 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 the FSA regulations for compliance with NEPA (7 CFR part 799). The 2014 Farm Bill extended and revised BCAP and authorized its funding through 2018. FSA has no discretion in these BCAP provisions or changes; the only discretionary provisions in this final rule are minor editorial clarifications. The general scope of BCAP, as implemented under the 2008 Farm Bill, is unchanged. As such, FSA has determined that this final rule does not constitute a major Federal action that would significantly affect the quality of the human environment, individually or cumulatively. Therefore, FSA will not prepare an environmental assessment or environmental impact statement for this regulatory action. Executive Order 12372 Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance and direct Federal development. For reasons specified in the final rule related notice regarding 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs and activities within this rule are excluded from the scope of Executive Order 12372. Executive Order 12988 This rule has been reviewed under Executive Order 12988, “Civil Justice Reform.” This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule. The rule does not have retroactive effect. Before any judicial action may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR parts 11 and 780 are to be exhausted. Executive Order 13132 This rule has been reviewed under Executive Order 13132, “Federalism.” 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, except as required by law. 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 This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes. FSA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under Executive Order 13175. If a Tribe requests consultation, FSA will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions, and modifications identified in this rule are not expressly mandated by the 2014 Farm Bill. The Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments, or the private sector. Agencies generally need to prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined in Title II of UMRA, for State, local, and Tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. SBREFA SBREFA normally requires that an agency delay the effective date of a major rule for 60 days from the date of publication to allow for Congressional review. This rule is not a major rule under SBREFA. Therefore, FSA is not required to delay the effective date for 60 days from the date of publication to allow for Congressional review. Federal Assistance Programs The title and number of the Federal Domestic Assistance Program found in the Catalog of Federal Domestic Assistance to which this rule applies is the Biomass Crop Assistance Program—10:087. Paperwork Reduction Act of 1995 The regulatory changes in this rule do not require changes to the information collection requests currently approved by OMB control number 0560-0082. E-Government Act Compliance FSA and CCC are 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 1450 Administrative practice and procedure, Agriculture, Energy, Environmental protection, Grant programs—agriculture, Natural resources, Reporting and recordkeeping requirements, Technical assistance. For the reasons discussed above, CCC amends 7 CFR part 1450 as follows: PART 1450—BIOMASS CROP ASSISTANCE PROGRAM

(BCAP)1. The authority citation for part 1450 continues to read as follows: Authority: 7 U.S.C. 8111. Subpart A—Common Provisions § 1450.1 [Amended] 2. Amend § 1450.1, in paragraph (b), by removing the word “Program” and adding the word “Programs” in its place. § 1450.2 [Amended] 3. Amend § 1450.2 as follows: a. Add, in alphabetical order, definitions for “Agricultural residue” and “Eligible land”, to read as set forth below; b. Remove the definitions for “Beginning farmer or rancher” and “Socially disadvantaged farmer or rancher”; c. Revise the definitions for “Dry ton”, “Eligible crop”, “Eligible material”, and “Technical assistance”, to read as set forth below; d. In paragraph

(2)of the definition of “Native sod”, add the words “or the producer cannot substantiate that the ground has ever been tilled” immediately after the word “tilled”; and e. In the definition of “Yard waste”, remove the word “byproducts” and add the word “by-products” in its place. The revisions and additions read as follows: § 1450.3 Definitions. *Agricultural residue* means crop residue from agricultural lands, including woody orchard waste. *Dry ton* means one U.S. ton measuring 2,000 pounds. One dry ton is the amount of renewable biomass that would weigh one U.S. ton at zero percent moisture content. Woody material dry ton weight is determined in accordance with applicable American Society for Testing and Materials

(ASTM)standards. *Eligible crop* means a crop of renewable biomass as defined in this section that is eligible for establishment payments and annual payments as specified in Subpart C of this part. *Eligible land* means agricultural and nonindustrial private forest lands on which eligible crops for establishment payments and annual payments may be grown, as specified in subpart C of this part. *Eligible material* means renewable biomass, including agricultural residue, as defined in this section that is harvested directly from the land and that is eligible for matching payments, as specified in subpart B of this part. *Technical assistance* means assistance in determining the eligibility of land and practices for BCAP, implementing and certifying practices, ensuring contract performance, and providing annual rental rate surveys. BCAP technical assistance may include, but is not limited to: technical expertise and services, information, and tools necessary for the conservation of natural resources on land; technical services provided directly to farmers, ranchers, and other eligible entities, such as conservation planning, technical consultation, and assistance with design and implementation of eligible practices; and technical infrastructure, including activities, processes, tools, and functions needed to support delivery of technical and program services, such as technical standards, resource inventories, training, data, technology, monitoring, compliance spot checks, and effects analyses. § 1450.9 [Removed] 4. Remove § 1450.9. §§ 1450.10 to 1450.13 [Redesignated] 5. Redesignate §§ 1450.10 through 1450.13 as §§ 1450.9 through 1450.12. 6. Revise newly redesignated § 1450.9(b) to read as follows: § 1450.9 Appeals.

(b)Determinations by the Natural Resources Conservation Service, U.S. Forest Service, Department of Interior, Bureau of Land Management, or other authorized technical assistance provider may be appealed in accordance with procedures established in part 614 of this title or otherwise established by the respective Agency. Subpart B—Matching Payments 7. Revise § 1450.101(a)(2)(v) and

(vi)to read as follows: § 1450.101 Qualified biomass conversion facility.

(a)* * *

(2)* * *

(v)Use commercial weight scales that are certified for accuracy by applicable State or local authorities and accurate moisture measurement equipment to determine the dry ton weight equivalent of actual tonnage delivered. Woody material dry ton weight must be determined in accordance with applicable ASTM standards; and

(vi)Purchase eligible material at a fair market price that is consistent with similar products, regardless of whether or not the seller has applied for or receives a matching payment authorized by this subpart or if the seller and purchaser are related entities. 8. Amend § 1450.102 as follows: a. In paragraph (a)(2), remove the words “eligible material” and add the words “eligible material, regardless of whether the eligible material is produced on contract acreage authorized by subpart C of this part,” in their place; and b. Revise paragraph (a)(3). The revision reads as follows: § 1450.102 Eligible material owner.

(a)* * *

(3)Certify that the eligible material for which a payment may be issued as specified in § 1450.106 has been harvested according to a conservation plan, forest stewardship plan, or equivalent plan, and, if woody eligible material collected or harvested on land other than contract acreage, the woody material is a by-product of preventative treatments that was removed to reduce hazardous fuels or to reduce or contain disease or insect infestation. 9. Amend § 1450.103 as follows: a. Revise the section heading; b. Revise paragraph (a), introductory text; c. Remove paragraph (a)(1) and redesignate paragraphs (a)(2) through

(4)as paragraphs (a)(1) through (3); d. Revise newly redesignated paragraph (a)(2)(i); e. Revise paragraphs (b)(1),

(3)and

(4)and add paragraphs (b)(5) through (10); and f. Add paragraph (c). The revisions and additions read as follows: § 1450.103 Eligible material for payments.

(a)Except for the exclusions specified in paragraph

(b)of this section, in order to qualify for matching payments, eligible material must meet the following requirements:

(2)* * *

(i)By-products of preventative treatments that were removed to reduce hazardous fuels or to reduce or contain disease or insect infestation; and

(b)* * *

(1)Any eligible material delivered before May 28, 2015;

(3)Material that is whole grain from any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 or an amendment made by that title, including, but not limited to, barley, corn, grain sorghum, oats, rice, or wheat; honey; mohair; certain oilseeds such as canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seeds; peanuts; pulse; chickpeas, lentils, and dry peas; dairy products; sugar; and wool and cotton boll fiber;

(4)Animal waste and by-products of animal waste including fats, oil, grease, and manure;

(5)Food waste and yard waste;

(6)Algae;

(7)Woody eligible material that is not a by-product of a preventative treatment to reduce hazardous fuel or to reduce or contain disease or insect infestation;

(8)Any woody eligible material collected or harvested outside contract acreage that would otherwise be used for higher-value products;

(9)Any otherwise eligible material collected or harvested outside contract acreage that, after delivery to a biomass conversion facility, its campus, or its affiliated facilities, must be separated from an eligible material used for a higher-value market product in order to be used for heat, power, biobased products, research, or advanced biofuels; or

(10)Bagasse.

(c)For eligible woody material harvested or collected from public lands, a person having the right to harvest or collect eligible material pursuant to a contract or permit with the U.S. Forest Service or other appropriate Federal agency will not be eligible for additional haul costs unless the facility is a further distance than specified in the contract requirement or the material was not a mandatory removal item from Federal lands. 10. Amend § 1450.104 by revising paragraphs (a), (b), and (f)(1) to read as follows: § 1450.104 Signup.

(a)Applications for participation and requests for payments under this subpart will be accepted as specified in the FSA announcement(s) in a given fiscal year through the end of the announced sign up period on a continuous basis, subject to the availability of funds.

(b)An eligible material owner must apply to participate in the matching payments component of BCAP before delivery is made to a qualified biomass conversion facility and before payment for the eligible material is received from the qualified biomass conversion facility. The application must be submitted to the FSA county office servicing the tracts of land where the collection and harvest will occur and must be approved by CCC, before any delivery is made to or payment is made by the qualified biomass conversion facility for the eligible material.

(f)* * *

(1)Total actual tonnage delivered and a total dry weight tonnage equivalent amount determined by the qualified biomass conversion facility using standard moisture determinations applicable to the eligible material (Woody material dry ton weight is determined in accordance with applicable ASTM standards); 11. Amend § 1450.106 as follows: a. Revise paragraph (a); and b. In paragraph (b), remove the amount “$45” and add the amount “$20” in its place. The revisions read as follows: § 1450.106 Payments.

(a)Payments under this subpart will be made for a term not to exceed 2 years, commencing on the date that CCC issues the first payment under this subpart to the participant. The 2-year eligibility period for each participant runs from the date that the participant is first issued any matching payment from CCC, regardless of payment for subsequent deliveries to any other biomass conversion facility. The eligibility period will not include any BCAP matching payments received prior to May 28, 2015. Subpart C—Establishment Payments and Annual Payments 12. Add § 1450.200(b) to read as follows: § 1450.200 General.

(b)Eligible crops include renewable biomass, as defined § 1450.2, excluding:

(1)Any crop that is eligible to receive payments under title I of the Agricultural Act of 2014 or an amendment made by that title, including, but not limited to, barley, corn, grain sorghum, oats, rice, or wheat; honey; mohair; certain oilseeds such as canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seeds; peanuts; pulse; chickpeas, lentils, and dry peas; dairy products; sugar; and wool and cotton boll fiber; and

(2)Any plant that CCC has determined to be either a noxious weed or an invasive species. With respect to noxious weeds and invasive species, a list of such plants will be available in the FSA county office. 13. Amend § 1450.201 as follows: a. In paragraph (a)(3), add the words “has or” immediately before the word “will”; and b. Revise paragraph (a)(4). The revision reads as follows: § 1450.201 Project area proposal submission requirements.

(a)* * *

(4)Any other information that gives CCC a reasonable assurance that the biomass conversion facility will be in operation in a timely manner so that it will use the eligible crops, as determined by CCC. 14. Amend § 1450.202 as follows: a. In paragraph (a)(8), remove the word “and”; b. Revise paragraph (a)(9); and c. Add paragraph (a)(10). The revision and addition read as follows: § 1450.202 Project area selection criteria.

(a)* * *

(9)Status as an existing project area that has received funding under this subpart and the continuation of funding such project areas to advance the maturity of such project areas; and

(10)Any other necessary additional information, as determined by CCC. 15. Amend § 1450.204 as follows: a. Revise paragraphs (b)(3) and (4); and b. Remove paragraph (b)(5). The revisions read as follows: § 1450.204 Eligible land.

(b)* * *

(3)Land enrolled in the Conservation Reserve Program

(CRP)as specified in part 1410 of this chapter for which either:

(i)The enrollment is not expiring in the current fiscal year; or

(ii)A CRP payment for this land has been received in the current fiscal year; or

(4)Land enrolled in the Agricultural Conservation Easement Program

(ACEP)for which either:

(i)The enrollment is not expiring in the current fiscal year; or

(ii)An ACEP payment for this land has been received in the current fiscal year. § 1450.211 [Amended] 16. Amend § 1450.211, in paragraph (g)(4), by adding the word “by” immediately before the word “CCC”. § 1450.212 [Amended] 17. Amend § 1450.212, in paragraph (d), by removing the words “agreed to” and adding the word “determined” in their place. 18. Amend § 1450.213 by revising paragraphs

(a)and

(b)to read as follows: § 1450.213 Levels and rates for establishment payments.

(a)CCC will pay not more than 50 percent of the actual or average cost (whichever is lower) of establishing non-woody perennial crops and woody perennial crops specified in the conservation plan, forest stewardship plan, or equivalent plan, not to exceed $500 per acre. For socially disadvantaged farmers or ranchers, as defined in part 718 of this title, establishment payments may not exceed $750 per acre.

(b)The average cost of performing a practice will be determined by CCC based on recommendations from the State Technical Committee. Such cost may be the average cost in a State, a county, or a part of a State or county, as determined by CCC. The average cost as determined by CCC will be used for payment purposes, if it is less than the actual cost for an individual participant. § 1450.215 [Amended] 19. Amend § 1450.215, in paragraph (c), by removing the words “the contract” each time they appear and adding the words “the BCAP contract” in their place. Signed at Washington, DC, on February 23, 2015. Val Dolcini, Executive Vice President, Commodity Credit Corporation, and Administrator, Farm Service Agency. [FR Doc. 2015-04092 Filed 2-26-15; 8:45 am]

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