80 FR 32439 - Water Bank Program
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service Federal Register Volume 80, Issue 110 (June 9, 2015)
Natural Resources Conservation Service
Federal Register Volume 80, Issue 110 (June 9, 2015)
| Page Range | 32439-32440 | |
| FR Document | 2015-13992 |
[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)] [Rules and Regulations] [Pages 32439-32440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13992] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations [[Page 32439]] DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 633 [Docket No. NRCS-2014-0017] RIN 0578-AA16 Water Bank Program AGENCY: Natural Resources Conservation Service, Department of Agriculture. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Natural Resources Conservation Service (NRCS) is amending the Water Bank Program (WBP) regulations to clarify that lands owned by Indian Tribes are eligible for enrollment. As a non-controversial change to an existing regulation, NRCS is issuing this amendment as a final rule. DATES: This rule is effective June 9, 2015. FOR FURTHER INFORMATION CONTACT: Mark Rose, Financial Assistance Programs Division, NRCS, Post Office Box 2890, Washington, DC 20113; telephone: (202) 720-1844; email: Mark.Rose@wdc.usda.gov. SUPPLEMENTARY INFORMATION: Discussion: NRCS implements WBP in accordance with 16 U.S.C. 1301 et seq. (the Water Bank Act). The purpose of the program is to conserve water, preserve and improve the condition of migratory waterfowl habitat and other wildlife resources, and secure other wildlife benefits through 10-year land use agreements with landowners and operators in important migratory waterfowl nesting and breeding areas. Unlike other Federal wetland laws, the Water Bank Act defines wetlands in accordance with Department of the Interior Circular 39, ``Wetlands of the United States.'' WBP agreements encompass inland fresh wetland areas (types 1 through 7) as described in Circular 39, artificially developed inland fresh water areas that meet the description of inland fresh wetland areas (types 1 through 7), and other wetland types designated by the Secretary. Pursuant to 7 U.S.C. 6962(b)(1), NRCS assumed responsibility for administering WBP and promulgated in September 1997 the current regulations at 7 CFR part 633 for implementation of WBP under NRCS. The current WBP regulation limits enrollment to ``privately-owned'' wetlands only. However, the term ``privately-owned'' is not defined in the regulation and such limitation is not required by statute. Since Tribal lands are a distinct category of land, NRCS is revising its regulations to clarify that ``privately-owned'' wetlands include lands owned by Indian Tribes, and are therefore eligible for enrollment. NRCS believes that issuance of a final rule without a public comment period is appropriate because this is a non- controversial change to an existing regulation to remove a current impediment to providing assistance to Indian Tribes and their members. Tribal lands are an important component of the wetland landscape in States where NRCS currently offers enrollment (Minnesota, North Dakota, and South Dakota). Therefore, to ensure WBP is meeting its program purposes, consistent with statute, NRCS is revising the regulation to identify Tribal lands as eligible for enrollment. Regulatory Certifications Executive Order 12866: This document does not meet the criteria for a significant regulatory action as specified in Executive Order 12866. Regulatory Flexibility Act: It has been determined that the Regulatory Flexibility Act is not applicable to this rule because NRCS is not required by 5 U.S.C. 553, or any other provision of law, to publish a notice of proposed rule-making with respect to the subject matter of this rule. Paperwork Reduction Act: No substantive changes have been made in this final rule which affect the recordkeeping requirements and estimated burdens previously reviewed and approved under Office of Management and Budget control number 0578-0013. Executive Order 13175: NRCS has determined that this action will remove an impediment to providing WBP assistance to Indian Tribes. Given its modest funding, NRCS has determined this regulation will not have a significant direct effect on one or more Indian Tribes, or on either the relationship or distribution of powers and responsibilities between the Federal Government and the Indian Tribes. Therefore, this action is not subject to the requirements of Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments.'' Although the consultation requirements do not apply, the agency has developed an outreach and collaboration plan that it will implement as it develops its conservation program policy, and NRCS will incorporate WBP information where appropriate. Executive Order 13132: Executive Order 13132 requires agencies to conform to principles of Federalism in the development of its policies and regulations. NRCS has determined that this final rule will conform to Federalism principles. In particular, the final rule will not impose any compliance cost on the States; and will not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities on the various levels of government. Unfunded Mandates Reform Act of 1995: Pursuant to 2 U.S.C. 1532 (Title II, Sec. 202 of the Unfunded Mandates Reform Act of 1995), NRCS assessed the effects of this rulemaking action on State, local, and Tribal governments, and the public. This action does not compel the expenditure of $100 million or more by any State, local or Tribal governments, or anyone in the private sector, and therefore, a statement under 2 U.S.C. 1532 is not required. Federal Domestic Assistance Program: The title and number of the Federal Domestic Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies is Water Bank Program 10.062. List of Subjects in 7 CFR Part 633 Administrative practices and procedures, Contracts, Natural resources, Technical assistance, Wetlands. [[Page 32440]] Accordingly, 7 CFR part 633 is amended as follows: PART 633--WATER BANK PROGRAM 0 1. The authority citation for part 633 continues to read as follows: Authority: 16 U.S.C. 1301-1311. 0 2. Section 633.2 is amended by revising the definition for ``Person'' and adding a definition in alphabetical order for ``Privately-owned'' to read as follows: Sec. 633.2 Definitions. * * * * * Person means one or more individuals, partnerships, associations, corporations, estates or trusts, or other business enterprises or other legal entities and, whenever applicable, an Indian tribe, a State, a political subdivision of a State, or any agency thereof. * * * * * Privately-owned means owned or operated by a person other than a State, a political subdivision of a State, or any agency thereof. * * * * * 0 3. Section 633.4 is amended by revising paragraph (d)(2) to read as follows: Sec. 633.4 Program requirements. * * * * * (d) * * * (2) Lands owned by an agency of the United States other than land held in trust for Indian Tribes; * * * * * Signed this 29 day of May, 2015 in Washington, DC Jason A. Weller, Chief, Natural Resources Conservation Service. [FR Doc. 2015-13992 Filed 6-8-15; 8:45 am] BILLING CODE 3410-16-P
![32439
Rules and Regulations Federal Register
Vol. 80, No. 110
Tuesday, June 9, 2015
This section of the FEDERAL REGISTER United States.’’ WBP agreements Management and Budget control
contains regulatory documents having general encompass inland fresh wetland areas number 0578–0013.
applicability and legal effect, most of which (types 1 through 7) as described in Executive Order 13175: NRCS has
are keyed to and codified in the Code of Circular 39, artificially developed determined that this action will remove
Federal Regulations, which is published under inland fresh water areas that meet the an impediment to providing WBP
50 titles pursuant to 44 U.S.C. 1510. assistance to Indian Tribes. Given its
description of inland fresh wetland
The Code of Federal Regulations is sold by areas (types 1 through 7), and other modest funding, NRCS has determined
the Superintendent of Documents. Prices of wetland types designated by the this regulation will not have a
new books are listed in the first FEDERAL Secretary. significant direct effect on one or more
REGISTER issue of each week. Pursuant to 7 U.S.C. 6962(b)(1), NRCS Indian Tribes, or on either the
assumed responsibility for relationship or distribution of powers
administering WBP and promulgated in and responsibilities between the Federal
DEPARTMENT OF AGRICULTURE September 1997 the current regulations Government and the Indian Tribes.
at 7 CFR part 633 for implementation of Therefore, this action is not subject to
Natural Resources Conservation WBP under NRCS. The current WBP the requirements of Executive Order
Service regulation limits enrollment to 13175, ‘‘Consultation and Coordination
‘‘privately-owned’’ wetlands only. with Indian Tribal Governments.’’
7 CFR Part 633 However, the term ‘‘privately-owned’’ is Although the consultation requirements
[Docket No. NRCS–2014–0017] not defined in the regulation and such do not apply, the agency has developed
limitation is not required by statute. an outreach and collaboration plan that
RIN 0578–AA16 Since Tribal lands are a distinct it will implement as it develops its
category of land, NRCS is revising its conservation program policy, and NRCS
Water Bank Program will incorporate WBP information
regulations to clarify that ‘‘privately-
AGENCY: Natural Resources owned’’ wetlands include lands owned where appropriate.
by Indian Tribes, and are therefore Executive Order 13132: Executive
Conservation Service, Department of
eligible for enrollment. NRCS believes Order 13132 requires agencies to
Agriculture.
that issuance of a final rule without a conform to principles of Federalism in
ACTION: Final rule. the development of its policies and
public comment period is appropriate
SUMMARY: The Natural Resources regulations. NRCS has determined that
because this is a non-controversial
Conservation Service (NRCS) is this final rule will conform to
change to an existing regulation to
amending the Water Bank Program Federalism principles. In particular, the
remove a current impediment to
final rule will not impose any
(WBP) regulations to clarify that lands providing assistance to Indian Tribes
compliance cost on the States; and will
owned by Indian Tribes are eligible for and their members.
not have substantial direct effects on the
enrollment. As a non-controversial Tribal lands are an important
States, on the relationship between the
change to an existing regulation, NRCS component of the wetland landscape in Federal Government and the States, or
is issuing this amendment as a final States where NRCS currently offers on the distribution of power and
rule. enrollment (Minnesota, North Dakota, responsibilities on the various levels of
DATES: This rule is effective June 9, and South Dakota). Therefore, to ensure government.
2015. WBP is meeting its program purposes, Unfunded Mandates Reform Act of
consistent with statute, NRCS is revising 1995: Pursuant to 2 U.S.C. 1532 (Title II,
FOR FURTHER INFORMATION CONTACT: the regulation to identify Tribal lands as
Mark Rose, Financial Assistance Sec. 202 of the Unfunded Mandates
eligible for enrollment. Reform Act of 1995), NRCS assessed the
Programs Division, NRCS, Post Office
Box 2890, Washington, DC 20113; Regulatory Certifications effects of this rulemaking action on
State, local, and Tribal governments,
telephone: (202) 720–1844; email: Executive Order 12866: This and the public. This action does not
Mark.Rose@wdc.usda.gov. document does not meet the criteria for compel the expenditure of $100 million
SUPPLEMENTARY INFORMATION: a significant regulatory action as or more by any State, local or Tribal
Discussion: NRCS implements WBP specified in Executive Order 12866. governments, or anyone in the private
in accordance with 16 U.S.C. 1301 et Regulatory Flexibility Act: It has been sector, and therefore, a statement under
seq. (the Water Bank Act). The purpose determined that the Regulatory 2 U.S.C. 1532 is not required.
of the program is to conserve water, Flexibility Act is not applicable to this Federal Domestic Assistance Program:
preserve and improve the condition of rule because NRCS is not required by 5 The title and number of the Federal
migratory waterfowl habitat and other U.S.C. 553, or any other provision of Domestic Assistance Program, as found
wildlife resources, and secure other law, to publish a notice of proposed in the Catalog of Federal Domestic
wildlife benefits through 10-year land rule-making with respect to the subject Assistance, to which this rule applies is
use agreements with landowners and matter of this rule. Water Bank Program 10.062.
tkelley on DSK3SPTVN1PROD with RULES
operators in important migratory Paperwork Reduction Act: No
waterfowl nesting and breeding areas. substantive changes have been made in List of Subjects in 7 CFR Part 633
Unlike other Federal wetland laws, the this final rule which affect the Administrative practices and
Water Bank Act defines wetlands in recordkeeping requirements and procedures, Contracts, Natural
accordance with Department of the estimated burdens previously reviewed resources, Technical assistance,
Interior Circular 39, ‘‘Wetlands of the and approved under Office of Wetlands.
VerDate Sep<11>2014 15:56 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1](https://thefederalregister.org/doc/80_FR_32549/page/1.svg)
![32440 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations
Accordingly, 7 CFR part 633 is SUMMARY: These special conditions are for the new woven composite design fan
amended as follows: issued for the CFM International (CFM), blades.
LEAP–1A and –1C engine models.
PART 633—WATER BANK PROGRAM Type Certification Basis
These engine models will have a novel
or unusual design feature associated Under the provisions of Title 14, Code
■ 1. The authority citation for part 633 with the engine fan blades—new woven of Federal Regulations (14 CFR) 21.17,
continues to read as follows: composite fan blades. The applicable CFM must show that the LEAP–1A and
Authority: 16 U.S.C. 1301–1311. airworthiness regulations do not contain –1C engine models meet the applicable
adequate or appropriate safety standards provisions of the applicable regulations
■ 2. Section 633.2 is amended by in effect on the date of application,
for this design feature. These special
revising the definition for ‘‘Person’’ and except as detailed in paragraphs
conditions contain the additional safety
adding a definition in alphabetical order 21.101(b) and (c). The FAA has
standards that the Administrator
for ‘‘Privately-owned’’ to read as determined the following certification
considers necessary to establish a level
follows: basis for the LEAP–1A and –1C engine
of safety equivalent to that established
§ 633.2 Definitions. by the existing airworthiness standards. models:
* * * * * DATES: Effective July 9, 2015. 1. 14 CFR part 33, ‘‘Airworthiness
Person means one or more FOR FURTHER INFORMATION CONTACT: For Standards: Aircraft Engines,’’ dated
individuals, partnerships, associations, technical questions concerning this February 1, 1965, with Amendments
corporations, estates or trusts, or other action, contact Alan Strom, ANE–111, 33–1 through 33–32, dated September
business enterprises or other legal Engine and Propeller Directorate, 20, 2012.
entities and, whenever applicable, an Aircraft Certification Service, 12 New If the FAA finds that the regulations
Indian tribe, a State, a political England Executive Park, Burlington, in effect on the date of the application
subdivision of a State, or any agency Massachusetts 01803; telephone (781) for the change do not provide adequate
thereof. 238–7143; facsimile (781) 238–7199; or appropriate safety standards for the
email alan.strom@faa.gov. LEAP–1A and –1C engine models
* * * * *
For legal questions concerning this because of a novel or unusual design
Privately-owned means owned or
action, contact Vincent Bennett, ANE–7, feature, special conditions are
operated by a person other than a State,
Engine and Propeller Directorate, prescribed under the provisions of
a political subdivision of a State, or any
Aircraft Certification Service, 12 New § 21.16.
agency thereof.
England Executive Park, Burlington, Special conditions are initially
* * * * * applicable to the engine model for
Massachusetts 01803; telephone (781)
■ 3. Section 633.4 is amended by which they are issued. Should the type
238–7044; facsimile (781) 238–7055;
revising paragraph (d)(2) to read as email vincent.bennett@faa.gov. certificate for that engine model be
follows: amended later to include any other
SUPPLEMENTARY INFORMATION:
§ 633.4 Program requirements.
engine model that incorporates the same
Background novel or unusual design feature, the
* * * * * special conditions would also apply to
(d) * * * On June 27, 2012, CFM International
(CFM) applied for a type certificate for the other engine model under § 21.101.
(2) Lands owned by an agency of the In addition to complying with the
United States other than land held in their new LEAP–1A and –1C engine
models. The LEAP engine models are applicable product airworthiness
trust for Indian Tribes; regulations and special conditions, the
high-bypass-ratio engines that
* * * * * incorporate a novel and unusual design LEAP–1A and –1C engine models must
Signed this 29 day of May, 2015 in feature—new woven composite fan comply with the fuel venting and
Washington, DC blades. The woven composite fan blades exhaust emission requirements of 14
Jason A. Weller, will have significant differences in CFR part 34.
Chief, Natural Resources Conservation material property characteristics when The FAA issues special conditions, as
Service. compared to conventionally designed defined in 14 CFR 11.19, in accordance
[FR Doc. 2015–13992 Filed 6–8–15; 8:45 am] fan blades using non-composite metallic with § 11.38, and they become part of
BILLING CODE 3410–16–P materials. the type-certification basis under
Special conditions are required to § 21.17(a)(2).
ensure that the LEAP–1A and –1C
Novel or Unusual Design Features
woven composite design fan blades
DEPARTMENT OF TRANSPORTATION The LEAP–1A and –1C engine models
account for the differences in material
Federal Aviation Administration properties and failure modes relative to will incorporate the following novel or
conventional single-load path metallic unusual design feature:
14 CFR Part 33 blades. In addition, different The LEAP–1A and –1C engine models
containment requirements may be will incorporate woven composite fan
[Docket No. FAA–2014–0637; Special applied provided CFM shows that the blades. The woven composite fan blades
Conditions No. 33–015–SC] blade design below the inner annulus will have significant differences in
flow path line provides multiple load material property characteristics when
Special Conditions: CFM International, paths and crack arresting features that compared to conventionally designed
LEAP–1A and –1C Engine Models; prevent delamination or crack fan blades using non-composite metallic
tkelley on DSK3SPTVN1PROD with RULES
Incorporation of Woven Composite propagation to blade failure during the materials. Composite material design
Fan Blades life of the blade. provides the capability to incorporate
AGENCY: Federal Aviation These special conditions are multiple load paths and crack arresting
Administration (FAA), DOT. necessary because the applicable features that prevent delamination or
airworthiness regulations do not contain crack propagation to blade failure
ACTION: Final special conditions.
adequate or appropriate safety standards during the life of the blade.
VerDate Sep<11>2014 15:56 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1](https://thefederalregister.org/doc/80_FR_32549/page/2.svg)
Document Created: 2015-12-15 15:25:51
Document Modified: 2015-12-15 15:25:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 9, 2015. | |
| Contact | Mark Rose, Financial Assistance Programs Division, NRCS, Post Office Box 2890, Washington, DC 20113; telephone: (202) 720-1844; email: [email protected] | |
| FR Citation | 80 FR 32439 | |
| RIN Number | 0578-AA16 | |
| CFR Associated | Administrative Practices and Procedures; Contracts; Natural Resources; Technical Assistance and Wetlands |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR