Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-10-16.xml --- 80 200 Friday, October 16, 2015 Contents African African Development Foundation NOTICES Meetings: Board of Directors, 62513 2015-26387 Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: National Advisory Council for Healthcare Research and Quality, 62533 2015-26319 Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Draft Toxicological Profile; Set 27 Toxicological Profiles;

Availability, 62533-62534 2015-26321 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Orders: Raisins Produced from Grapes Grown in California, 62506-62509 2015-26378 NOTICES Meetings: Plant Variety Protection Board, 62513 2015-26377 Agriculture Agriculture Department See Agricultural Marketing Service See Natural Resources Conservation Service Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Current Population Survey Fertility Supplement, 62513-62514 2015-26308 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Electronic Health Record Incentive Program -- Stage 3 and Modifications to Meaningful Use in 2015 through 2017, 62762-62955 2015-25595 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62534-62536 2015-26390 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Native Language Preservation and Maintenance Grant Application Template Pilot, 62536-62537 2015-26320 Coast Guard Coast Guard RULES Drawbridge Operations: Atlantic Intracoastal Waterway, South Branch of the Elizabeth River, Portsmouth and Chesapeake, VA, 62457 2015-26359 James River, Isle of Wight and Newport News, VA, 62456-62457 2015-26358 Shipping; Technical, Organizational, and Conforming Amendments, 62466-62470 2015-26119 NOTICES Acceptance of Sewage Treatment Plants for Type-Approval to International Maritime Organization Resolution, 62552-62554 2015-26285 Meetings:

Sewage Treatment Technology — Type Approval of Marine Sanitation Devices, 62551-62552 2015-26363 Commerce Commerce Department See Census 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, 62521 2015-26342 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Notification Requirements for Coal and Wood Burning Appliances, 62521-62522 2015-26333 Testing and Recordkeeping Requirements for Carpets and Rugs, 62522 2015-26334 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62523 2015-26338 Membership of the Performance Review Board, 62523-62524 2015-26337 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings;

Sunshine Act, 62524 2015-26376 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Educational Quality through Innovative Partnerships (EQUIP) Experimental Sites Initiative, 62525-62526 2015-26344 Student Assistance General Provisions — Non-Title IV Revenue Requirements, 62524-62525 2015-26343 Employment and Training Employment and Training Administration RULES Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States, 62958-63070 2015-26252 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Self-Employment Training Demonstration Evaluation, 62572-62574 2015-26373 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program for Consumer Products: Test Procedures for Clothes Washers; Correcting Amendments, 62441-62443 2015-25963 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona, Phoenix-Mesa; 2008 Ozone Standard Requirements, 62457-62462 2015-26023 Pesticide Tolerances;

Exemptions: 2-propen-1-aminium, N,N-dimethyl-N-propenyl-, chloride, homopolymer, 62462-62466 2015-26297 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona, Phoenix-Mesa; 2008 Ozone Standard Requirements, 62511 2015-26024 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Chemical Reporting -- The Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II), 62526-62527 2015-26406 Environmental Impact Statements;

Availability, etc., 62526 2015-26348 Pesticide Product Registrations: Applications for New Uses, 62528-62529 2015-26393 Toxic Substances Control Act Test Data, 62527-62528 2015-26394 Federal Aviation Federal Aviation Administration RULES Amendment of Class D and Class E Airspace, Revocation of Class E Airspace: Mountain Home, ID, 62447-62449 2015-25991 Amendment of Class E Airspace: Ashland, VA, 62445-62446 2015-25901 Establishment of Class E Airspace: Cottonwood, AZ, 62450-62451 2015-26002 Marshall, AR, 62451-62452 2015-26095 Newport, NH, 62446-62447 2015-25900 Ponce, PR, 62449-62450 2015-25853 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 62452-62456 2015-25555 2015-25553 PROPOSED RULES Establishment of Class E Airspace:

Los Angeles, CA, 62509-62510 2015-26097 Federal Communications Federal Communications Commission RULES Ensuring Continuity of 911 Communications, 62470-62486 2015-24845 PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding; Correction, 62512 2015-26305 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62529-62530 2015-26304 Federal Deposit Federal Deposit Insurance Corporation RULES Nondiscrimination on the Basis of Disability Minority and Women Outreach Program Contracting, 62443-62445 2015-26391 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 62554-62558 2015-26374 2015-26375 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Northern Indiana Public Service Co., 62526 2015-26384 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 62530 2015-26474 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 62530-62533 2015-26362 Food and Drug Food and Drug Administration NOTICES Guidance: Draft Recommendations for the Permitted Daily Exposures for Two Solvents, Triethylamine and Methylisobutylketone, According to the Maintenance Procedures for the Guidance Q3C Impurities -- Residual Solvents;

International Conference on Harmonisation, 62537-62538 2015-26361 Meetings: Clarifying Current Roles and Responsibilities Described in the Coordinated Framework for the Regulation of Biotechnology and Developing a Long-Term Strategy for the Regulation of the Products of Biotechnology, 62538-62541 2015-26311 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES 2015 Edition Health Information Technology Certification Criteria, 2015 Edition Base Electronic Health Record Definition, and ONC Health IT Certification Program Modifications, 62602-62759 2015-25597 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency PROPOSED RULES Chemical Facility Anti-Terrorism Standards:

Meetings -- Appendix A, 62504-62506 2015-26200 Housing Housing and Urban Development Department PROPOSED RULES Federal Housing Administration Single Family Mortgage Insurance Maximum Time Period for Filing Insurance Claims, etc., 62510-62511 2015-26379 NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 62558-62560 2015-26014 Interior Interior Department See Land Management Bureau See National Park Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Small Diameter Graphite Electrodes from the People's Republic of China, 62516-62517 2015-25984 Healthcare Technology and Hospital Information Services Trade Mission to the Kingdom of Saudi Arabia and Kuwait, 62514-62516 2015-26008 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof, 62570 2015-26307 Certain Recombinant Factor VIII Products, 62569-62570 2015-26295 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Cargo Theft Incident Report, 62572 2015-26356 National Incident-Based Reporting System, 62570-62572 2015-26357 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Filings of Plats of Survey: Eastern States, 62563-62564 2015-26402 Initial Classification of Public Lands and Minerals for State Indemnity Selections: Colorado, 62564-62566 2015-26365 Public Land Withdrawal Applications:

Deep Creek Canyon and Corridor, CO, 62560-62562 2015-26364 Resource Management Plan Amendments: White River Field Office, CO, 62562-62563 2015-26370 Maritime Maritime Administration NOTICES Environmental Impact Statements; Availability, etc.: Deepwater Port License Application: Liberty Natural Gas LLC, Port Ambrose Deepwater Port, 62596-62598 2015-25727 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel PAESANA, 62595-62596 2015-26208 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings:

Humanities Panel, 62574-62576 2015-26380 Humanities Panel; Correction, 62574 2015-26381 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standard; Automatic Emergency Braking, 62487-62488 2015-26294 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Media-Smart Youth Leaders Program, 62541-62542 2015-26389 Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid Molecules, 62543-62550 2015-26388 Meetings: National Institute of Environmental Health Sciences, 62550-62551 2015-26341 Requests for Nominations: National Institute of Neurological Disorders and Stroke, Interagency Pain Research Coordinating Committee, 62542-62543 2015-26408 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction for Gag Grouper, 62501 2015-26396 Fisheries of the Exclusive Economic Zone Off Alaska: Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area; Correction, 62502 2015-26367 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-water and Shallow-water Fishery Categories; Reapportionment; Correction, 62502-62503 2015-26372 International Affairs: High Seas Fishing Compliance Act;

Permitting and Monitoring of U.S. High Seas Fishing Vessels, 62488-62501 2015-26398 NOTICES Meetings: North Pacific Fishery Management Council, 62518-62519 2015-26354 Pacific Fishery Management Council, 62517-62518, 62520-62521 2015-26349 2015-26351 2015-26352 2015-26353 South Atlantic Fishery Management Council, 62519 2015-26350 U.S. Integrated Ocean Observing System Advisory Committee, 62519-62520 2015-26360 National Park National Park Service NOTICES Inventory Completions:

National Park Service, Natchez Trace Parkway, Tupelo, MS, 62566-62567 2015-26331 National Resources Natural Resources Conservation Service RULES NRCS Procedures for Granting Equitable Relief, 62439-62441 2015-26309 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 62576 2015-26482 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Atlantic Offshore Wind Energy Development — Public Attitudes, Values, and Implications for Tourism and Recreation, 62567-62569 2015-25971 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Child Soldiers Prevention Act of 2008;

Delegation of Authority (Memorandum of September 29, 2015), 62429 2015-26489 Child Soldiers Prevention Act of 2008; Waiver (Presidential Determination No. 2015-13 of September 29, 2015), 62431 2015-26491 Refugee Admissions for Fiscal Year 2016 (Presidential Determination No. 2015-14 of September 29, 2015), 62433-62434 2015-26493 Trafficking in Persons; Foreign Governments' Efforts Regarding (Presidential Determination No. 2016-01 of October 5, 2015), 62435-62437 2015-26496 Securities Securities and Exchange Commission NOTICES Granting Limited Exemption Orders:

Exchange Act Rule 10b-17 and Rules 101 and 102 of Regulation M to PowerShares DWA Tactical Sector Rotation Portfolio Pursuant to Exchange Act Rule 10b-17(b)(2) and Rules 101(d) and 102(e) of Regulation M, 62576-62578 2015-26329 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 62588-62590 2015-26328 Financial Industry Regulatory Authority, Inc., 62578-62580 2015-26326 ICE Clear Credit, LLC, 62593-62594 2015-26325 New York Stock Exchange, LLC, 62584-62588 2015-26336 NYSE Arca, Inc., 62590-62591 2015-26324 Several Rules to Address Certain Order Handling Obligations on the Part of Its Floor Brokers, 62592-62593 2015-26330 The NASDAQ Stock Market, LLC, 62580-62584, 62591-62592 2015-26323 2015-26327 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Picturing the Americas; Landscape Painting from Tierra del Fuego to the Artic, 62594 2015-26399 The Greeks — Agamemnon to Alexander the Great, 62595 2015-26382 Woven Gold; Tapestries of Louis XIV, 62595 2015-26401 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Soo Line Railroad Co.; Cook County, Ill., 62598-62599 2015-26383 Track Construction and Operation Exemptions: Lone Star Railroad, Inc. and Southern Switching Company; Howard County, TX, 62599 2015-26313 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Separate Parts In This Issue Part II Health and Human Services Department, 62602-62759 2015-25597 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 62762-62955 2015-25595 Part IV Labor Department, Employment and Training Administration, 62958-63070 2015-26252 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 80 200 Friday, October 16, 2015 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 635 RIN 0578-AA57 NRCS Procedures for Granting Equitable Relief AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule. SUMMARY: The Natural Resources Conservation Service

(NRCS)issues its final rule implementing the equitable relief authority, and the procedures set forth in section 1613 of the Farm Security and Rural Investment Act of 2002 (the 2002 Act), relating to relief for participants for covered programs administered by NRCS. The relief applies to cases where the program participant took action to his or her detriment based on action or advice from an NRCS employee, and situations where the participant acted in good faith, but failed to fully comply with program requirements. DATES: This rule is effective October 16, 2015. FOR FURTHER INFORMATION CONTACT: Paulette Craig, National Equitable Relief Specialist, at

(301)504-1650. SUPPLEMENTARY INFORMATION: Executive Orders 12866 and 13563 The Office of Management and Budget

(OMB)designated this rule as not significant under Executive Order 12866 as supplemented by Executive Order 13563. Therefore, OMB will not review this final rule. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute. However, this regulation implements section 1613 of the 2002 Act, which is part of Title I of the 2002 Act. Section 1601(c) of the 2002 Act requires NRCS to promulgate regulations or administer Title I without regard to 5 U.S.C. 553. Therefore, NRCS did not prepare a regulatory flexibility analysis for this final rule. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments, or the private sector of $100 million or more in any one year. This rule contains no Federal mandates, as defined under Title II of UMRA, for State, local, and Tribal governments, or the private sector. Therefore, a statement under section 202 of UMRA is not required. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act of 1996, (Pub. L. 104-121). Therefore, NRCS is not required to delay the effective date for 60 days from the date of publication to allow for congressional review. Accordingly, this rule is effective upon publication in the **Federal Register** . Paperwork Reduction Act Section 1601(c)(2) of the 2002 Act requires that the implementation of this provision be carried out without regard to the Paperwork Reduction Act, Chapter 35 of Title 44, United States Code. Therefore, NRCS is not reporting recordkeeping or estimated paperwork burden associated with this final rule. Government Paperwork Elimination Act NRCS is committed to compliance with the Government Paperwork Elimination Act as well as continued pursuit of providing all services electronically when practicable. This rule requires that a program participant make a written request for equitable relief for a program administered by NRCS. In part, this rule lends itself to electronic requests as submitted by State Conservationists or participants. Environmental Analysis NRCS has determined that changes made by this rule fall within a category of actions that are excluded from the requirement to prepare either an environmental assessment or an environmental impact statement. Administrative changes made in this rule fall within a categorical exclusion for policy development relating to routine activities and similar administrative functions (7 CFR 1b.3(a)(1)) and NRCS has identified no extraordinary circumstances that would otherwise require preparation of either. Civil Rights Impact Analysis NRCS has determined through a Civil Rights Impact Analysis

(CRIA)that the final rule discloses no disproportionately adverse impacts for minorities, women, or persons with disabilities. The CRIA provides responses to the Final rule amendments. The data presented indicates producers who are members of the protected groups have participated in NRCS conservation programs at parity with other producers. Extrapolating from historical participation data, it is reasonable to conclude that NRCS programs, including procedures for granting equitable relief for ineligibility for these programs, will continue to be administered in a non-discriminatory manner. Outreach and communication strategies are in place to ensure all producers will be provided the same information to allow them to make informed compliance decisions regarding the use of their lands that will affect their participation in U.S. Department of Agriculture

(USDA)programs. The equitable relief procedures apply to all persons equally regardless of their race, color, national origin, gender, sex, or disability status. Therefore, the final rule portends no adverse civil rights implications for women, minorities, or persons with disabilities. Discussion of the Rule 7 CFR Part 635—Equitable Relief From Ineligibility Section 635.1 Definitions and Abbreviations This section amends, adds, or removes a number of defined terms in the rule. Specifically, it adds definitions for “appeal rights,” “equitable relief,” “participant,” and “State.” “Appeal rights” is defined to clarify that a decision under this rule may be appealed to the National Appeals Division (NAD). “Participant” and “State” are defined consistent with their statutory definitions. The definitions of “covered program” and “State Conservationist” are simplified. The definition of “Natural Resources Conservation Service (NRCS)” is revised to be consistent with the definition used in other NRCS regulations, and clarifies that the term includes programs administered by the agency using the funds, facilities, and authorities of the Commodity Credit Corporation (CCC). Section 635.2 Applicability The amended rule clarifies the application of subsection (a), and strikes subsections

(b)and

(c)which are no longer needed. Section 635.3 Reliance on Incorrect Actions or Information The amended rule makes changes to this section to more closely conform to the language of the statute by enumerating the specific requirements to qualify for relief under this section. These changes do not substantively change the scope of this authority. Section 635.4 Failure To Fully Comply Section 635.4 of the amended rule makes changes to this section to more closely conform to the language of the statute by enumerating the specific requirements to qualify for relief under this section. These changes provide more flexibility for State Conservationists and participants to request equitable relief, and do not substantively change the scope of this authority. Section 635.5 Forms of Relief The amended rule makes technical and grammatical changes to this section, and removes references to “loans” since NRCS does not have authority to make loans. Section 635.6 Equitable Relief by State Conservationists The amended rule restructures and clarifies the existing language of § 635.6. In particular, the revised section explains the limitations on a State Conservationist's authority in a separate subsection, and amends the description of the State Conservationist's authority to more closely reflect the statutory language. Section 635.7 Procedures for Granting Equitable Relief The amended rule strikes the list of covered programs in paragraph (a). The definition of “covered programs” sufficiently identifies these programs. The amended rule allows the Chief, State Conservationist, or participant to initiate a request for equitable relief. Under the current rule, only the participant can initiate a request for equitable relief. The State Conservationist cannot initiate a request even if he or she believes the participant qualifies for such relief. For example, an NRCS employee's misaction or misinformation may impact several different participants, resulting in a number of them being determined ineligible for program benefits. Under the current rule, the participants must request equitable relief from NRCS in order to obtain equitable relief. The State Conservationist cannot initiate an equitable relief request, even if he or she knows that other participants would likely also qualify for equitable relief. Given the potential for treating participants differently, NRCS is amending this procedure to allow the Chief or a State Conservationist to initiate a request for equitable relief for a participant meeting the requirements of this part. Section 635.7 is also amended to add § 635.7(e) and (f). Paragraph 635.7(e) provides that requests for equitable relief must include any information necessary to determine eligibility under this authority and such other information as required by NRCS to determine whether granting equitable relief is appropriate. This revision reflects that the information needed by the agency to assess equitable relief requests will be provided and updated by applicable policy and procedure at Title 440 of the Conservation Program Manual, Part 509. Paragraph 635.7(f) provides the participant with appeal rights to the National Appeals Division, pursuant to § 614.9(e) of this chapter, if equitable relief is denied. List of Subjects in 7 CFR Part 635 Administrative practice and procedure, Agriculture, Conservation programs, Equitable Relief. Accordingly, for the reasons set forth in the preamble, 7 CFR part 635 is revised to read as follows: PART 635—EQUITABLE RELIEF FROM INELIGIBILITY Sec. 635.1 Definitions and abbreviations. 635.2 Applicability. 635.3 Reliance on incorrect actions or information. 635.4 Failure to fully comply. 635.5 Forms of relief. 635.6 Equitable relief by State Conservationists. 635.7 Procedures for granting equitable relief. Authority: 7 U.S.C. 7996. § 635.1 Definitions and abbreviations. The following terms apply to this part: *Appeal rights* means the right of the participant to appeal a decision to the National Appeals Division

(NAD)pursuant to part 614 of this chapter. *Chief* means the Chief of the Natural Resources Conservation Service or a person with delegated authority to act for the Chief. *Covered program* means a conservation program administered by NRCS. *Equitable relief* means an action described in § 635.5 of this part. *Natural Resources Conservation Service (NRCS)* means an agency of the U.S. Department of Agriculture which has responsibility for administering covered programs, including those using the funds, facilities, and authorities of the Commodity Credit Corporation (CCC). *OGC* means the Office of the General Counsel of the U.S. Department of Agriculture. *Participant* means a participant in a covered program. *Secretary* means the Secretary of U.S. Department of Agriculture. *State* means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. *State Conservationist* means the NRCS employee authorized to direct and supervise NRCS activities in a State or the State Conservationist's designee. § 635.2 Applicability. This part applies to all covered programs administered by the Natural Resources Conservation Service, except for the Highly Erodible Land and Wetland Conservation provisions of Title XII, subtitles B and C of the Food Security Act of 1985, as amended, (16 U.S.C. 3811 *et seq.* ). Administration of this part shall be under the supervision of the Chief, except that such authority shall not limit the exercise of authority by State Conservationists of the Natural Resources Conservation Service provided in § 635.6 of this part. § 635.3 Reliance on incorrect actions or information. The Chief may grant equitable relief to any participant that NRCS determines is not in compliance with the requirements, terms and conditions of a covered program, and therefore ineligible for a payment, or other benefit, if the participant—

(a)Acting in good faith, relied on action and advice from an NRCS employee or representative of USDA to their detriment;

(b)Did not know or have sufficient reason to know that the action or advice upon which they relied would be detrimental; and

(c)Did not act in reliance on their own misunderstanding or misinterpretation of the program provisions, notices, or information. § 635.4 Failure to fully comply. The Chief may grant equitable relief to any participant that NRCS determines is not in full compliance with the requirements, terms and conditions of a covered program, and therefore ineligible for a payment, or other benefit, if the participant—

(a)Made a good faith effort to comply fully with the requirements; and

(b)Rendered substantial performance. § 635.5 Forms of relief.

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

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

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

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

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

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

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

(a)*State Conservationists' Authority.* State Conservationists have the authority to grant requests for equitable relief under this section when—

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

(2)The total amount of relief (including payments and other benefits) that will be provided to the participant under this section during the fiscal year is less than $20,000;

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

(4)The total amount of payments and benefits of any kind for which relief is provided to similarly situated participants by a State Conservationist in a fiscal year, is not more than $1,000,000.

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

(1)Payment limitations under part 1400 of this title;

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

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

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

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

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

(a)The Chief or State Conservationist may initiate a request for equitable relief for a participant that meets the requirement of this part.

(b)Participants may request equitable relief from the Chief or the State Conservationist as provided in §§ 635.3 and 635.4 of this part.

(c)Only a participant directly affected by the non-compliance with the covered program requirements is eligible for equitable relief under this part.

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

(e)Requests for equitable relief must include any information necessary to determine eligibility under this part and such other information as required by NRCS to determine whether granting equitable relief is appropriate. Information needed by the agency to assess equitable relief requests will be provided and updated by applicable policy and procedure.

(f)If equitable relief is denied by the Chief or the State Conservationist, the participant will be provided with written notice of appeal rights to the National Appeals Division, pursuant to 7 CFR part 614. Signed this 7th day of October, 2015, in Washington, DC. Leonard Jordan, Associate Chief for Conservation, Natural Resources Conservation Service. [FR Doc. 2015-26309 Filed 10-15-15; 8:45 am]

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