Payment Limitation and Payment Eligibility

• Published date: 24 August 2020
• Citation: 85 FR 52033
• Record Number: 2020-18148
• Section: Rules and Regulations
• Court: Commodity Credit Corporation

52033

Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Rules and Regulations

(i) Inactive EBT accounts. Benefits

allotments, or portion thereof, shall be

expunged from EBT accounts that have

been inactive, per paragraph (h)(1) of

this section, for a period of nine months

(274 days) in accordance with the

following:

(A) When the oldest benefit allotment

has not been accessed by the household

for nine months, the State agency shall

expunge benefits from the EBT account

or off-line storage at the monthly benefit

allotment level as each benefit allotment

ages to nine months since the date of

issuance or since the last date of

account activity, whichever date is later.

(B) The State agency shall not

expunge any benefits from active

accounts even if there are benefit

allotments older than nine months. If at

any time after the expungement process

begins, the household initiates activity

affecting the balance of the account, the

State shall stop expunging benefits from

the account and start the account aging

process over again for the remaining

benefits.

(ii) Unused benefits. The State agency

shall expunge individual benefit

allotments, or portion thereof, that

remain in a household’s EBT account

nine months (274 days) after the date

the allotment was issued to the

household, regardless of any account

activity that may have taken place.

(2) Not later than 30 days before

benefit expungement is scheduled to

begin, State agencies shall provide

notice to the household that benefits in

their EBT account are approaching

expungement due to nonuse/inactivity.

At a minimum, the notice shall include:

(i) The date upon which benefits are

scheduled to be expunged; and

(ii) The steps necessary to prevent the

expungement, including an opportunity

to request that any benefits stored off-

line be restored to the household in

accordance with paragraph (h) of this

section;

(3) Expunged benefits shall be

removed from the Account Management

Agent and shall not be reinstated.

(4) Notwithstanding paragraph (i)(1)

of this section, in instances when the

State agency verifies a death match for

all certified members of the household

and closes the SNAP case in accordance

with § 272.14 of this chapter, the State

agency shall expunge the remaining

SNAP balance in the household’s EBT

account at that time. In accordance with

§ 273.13(b)(2) of this chapter,

expungement notices, per paragraph

(i)(2) of this section, are not required for

these households.

(j) Procedures to adjust SNAP

accounts. Procedures shall be

established to permit the appropriate

managers to adjust SNAP benefits that

have already been posted to an EBT

account prior to the household

accessing the account, or to remove

benefits from inactive accounts for off-

line storage or expungement in

accordance with paragraphs (h) and (i)

of this section.

(1) Whenever benefits are stored off-

line or expunged, the State agency shall

document the date, amount of the

benefits, and storage location in the

household case file.

(2) Issuance reports shall reflect the

adjustment to the State agency issuance

totals to comply with monthly issuance

reporting requirements prescribed under

§ 274.4.

§ 274.8 [Amended]

■8. In § 274.8(f)(8), remove

‘‘§ 274.2(h)(2)’’ and add in its place

‘‘§ 274.2(i)’’.

Pamilyn Miller,

Administrator, Food and Nutrition Service.

[FR Doc. 2020–16403 Filed 8–21–20; 8:45 am]

BILLING CODE 3410–30–P

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1400

[Docket ID CCC–2019–0007]

RIN 0560–AI49

Payment Limitation and Payment

Eligibility

AGENCY

: Commodity Credit Corporation

and Farm Service Agency, USDA.

ACTION

: Final rule.

SUMMARY

: This rule implements the

mandatory changes required by the

Agriculture Improvement Act of 2018

(2018 Farm Bill) and other changes

made by the Farm Service Agency (FSA)

on behalf of CCC. Specifically, the

mandatory changes update program

applicability and payment limitations;

and specify that the Secretary may

approve a waiver of the average adjusted

gross income (AGI) limitation for

participants of certain conservation

contracts administered by FSA and the

Natural Resources Conservation Service

(NRCS) on environmentally sensitive

land. Also, the mandatory changes

expand the definition of ‘‘family

member’’ to include first cousins,

nieces, and nephews. This rule also

includes changes that make minor

clarifications and updates throughout

part 1400.

DATES

: Effective: August 20, 2020.

FOR FURTHER INFORMATION CONTACT

: Paul

Hanson, telephone: (202) 720–4189,

email: paul.hanson@usda.gov. Persons

with disabilities who require alternative

means for communication should

contact the USDA Target Center at (202)

720–2600 (voice).

SUPPLEMENTARY INFORMATION

:

Background

This rule amends 7 CFR part 1400 to

implement changes made by the 2018

Farm Bill; (Pub. L. 115–334) as well as

makes certain changes, as explained

below. This rule updates the applicable

programs and payment limitations in 7

CFR 1400.1 to reflect current policy and

changes made by the 2018 Farm Bill.

FSA administers the regulations in 7

CFR part 1400 on behalf of CCC.

Payment Limitations

The 2018 Farm Bill and this rule

create two separate payment limitations

for the Noninsured Crop Disaster

Assistance Program (NAP). Previously, a

person or legal entity was subject to a

$125,000 payment limitation regardless

of the level of NAP coverage obtained.

For 2019 and subsequent years, the 2018

Farm Bill provides a separate per crop

year maximum per person and legal

entity limitation of either $125,000 for

payments to those who purchased basic

50/55 NAP coverage or $300,000 for

payments to those who purchased buy-

up coverage. The 2018 Farm Bill

increased the payment limitation for the

Emergency Conservation Program (ECP)

to $500,000 per program per disaster

event.

The 2018 Farm Bill officially removed

LDPs and MLGs from the combined

payment limit. This rule removes the

payment limits for Marketing Loan

Gains (MLG), Loan Deficiency Payments

(LDP), and the Emergency Assistance for

Livestock, Honeybees and Farm Raised

Fish Program (ELAP) as mandated by

the 2018 Farm Bill (section 1703(a)(2)

and section 1501(e) respectively).

Waiver of AGI Limitation for

Environmentally Sensitive Land of

Special Significance

The 2018 Farm Bill does not change

the AGI limitation of $900,000 for

certain programs; however, it does

authorize the Secretary to waive the AGI

limitation for participants of certain

conservation contracts administered by

FSA or NRCS when the Secretary

determines that environmentally

sensitive land of special significance

will be protected because of the waiver.

The waiver authority allows FSA and

NRCS the discretion, on a case-by-case

basis, to provide benefits to producers

who may not otherwise meet the AGI

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requirements on environmentally

sensitive land of special significance.

This rule defines ‘‘environmentally

sensitive land of special significance’’ in

§ 1400.3. FSA and the NRCS identified

specific critical resources warranting

protection through enrollment in its

definition. This rule also adds

provisions in § 1400.500(f) to specify

how a request for a waiver must be

submitted and what it must include.

Definition of Family Member

FSA is expanding the definition of

‘‘family member’’ as mandated by the

2018 Farm Bill to include first cousin,

niece, and nephew. This change

expands the definition to allow farming

operations to qualify for additional

payment limitations for an existing

farming operation under the rules for a

substantive change, which are specified

in § 1400.104. Furthermore, joint

operations that included a first cousin,

niece, or nephew were previously

determined to be farming operations

comprised of non-family members. With

this change, a joint operation comprised

of the newly expanded definition of

family members would no longer be

subject to the limitation of members

qualifying on a management

contribution alone, which increases the

number of additional individuals

eligible for payment within joint

operations comprised solely of family

members.

Other Changes

This rule makes several changes to the

definitions in 7 CFR 1400.3. This rule

amends the definitions of ‘‘active

personal management,’’ and ‘‘significant

contribution’’ as it relates to

management in 7 CFR 1400.3 and

removes the definitions of ‘‘active

personal management,’’ ‘‘significant

contribution of active personal

management,’’ and ‘‘significant

contribution of the combination of

active personal labor and active

personal management’’ previously in

subpart G so that consistent definitions

of the terms are used throughout part

1400. This rule also makes minor

clarifications to the terms ‘‘interest in

the farming operation’’ and ‘‘lawful

alien.’’

It adds a new definition of ‘‘livestock’’

for the purposes of part 1400, for which

‘‘livestock’’ includes animals that are

considered eligible livestock under the

Livestock Indemnity Program (LIP). This

change is intended to clarify which

species qualify as livestock and ensure

that the animals considered to be

‘‘livestock’’ under part 1400 is

consistent with the administration of

other FSA programs.

This rule moves the provisions for

revocable trusts from § 1400.100

(subpart B, Payment Limitation) to

§ 1400.7 (subpart A, General Provisions)

because they are general provisions

applicable to all of part 1400 and not

just to the payment limitation

provisions.

This rule amends the provisions in

§ 1400.102 to clarify that the policy that

a state or political subdivision or one of

its agencies is not eligible for payments

or benefits under the programs in

§ 1400.1. This rule also clarifies that the

exception in § 1400.102(b) applies only

to payments or benefits under the

Agriculture Risk Coverage (ARC) and

Price Loss Coverage (PLC) programs.

This rule amends § 1400.104(a) to

remove the reference to ‘‘legal entities.’’

This change aligns the regulation with

current language in the 2018 Farm Bill.

This rule amends § 1400.104(a)(3) to

remove ‘‘base acres’’ and add ‘‘land

used for agricultural production.’’ The

addition of 20 percent or more land

used for agricultural production will be

recognized as a substantive change in

the farming operation and will take into

consideration land used for annual crop

production as well as grazing lands.

This rule is making a change in

amending § 1400.104(a)(5) to specify

that a change in ownership by sale or

gift of livestock can be recognized as a

substantive change in the farming

operation, in addition to a sale or gift of

land, which already exists in the rule,

such that the sale or gift of livestock can

result in the application of additional

payment limits under 7 CFR part 1400.

The addition of livestock as an element

for consideration used in determining

whether a substantive change has

occurred takes into consideration all of

the aspects of a farming operation

including but not limited to land but

also livestock and the value of the land

or livestock to a farming operation.

Further, this change is appropriate as

substantive change rules apply to all

programs subject to payment limitation,

including Livestock Forage Disaster

Program (LFP).

This rule amends § 1400.106 to

specify that payment limitations apply

to both direct and indirect payments,

subject to the attribution provisions in

§ 1400.105. This change is a clarification

of and therefore codification of current

policy and does not alter the way FSA

applies payment limitations.

This rule moves the cash rent tenant

provisions of subpart D to subpart C, in

§ 1400.214, which contains the payment

eligibility requirements.

This rule makes a technical correction

to the provision in the regulation that

indicated a legal entity’s or joint

operation’s eligible capital, land, or

equipment could not be acquired as a

result of a loan made to, guaranteed by,

cosigned by, or secured by any person,

legal entity or joint operation that has an

interest in the farming operation,

including the legal entity’s or joint

operation’s members. The technical

correction removes the legal entity’s or

joint operation’s members from the

provision and relies on ‘‘interest in the

farming operation’’ to define the

qualifying contribution.

This rule makes minor changes to

update the regulatory language

throughout part 1400. These changes are

intended to make the regulation easier

to understand and do not affect program

implementation.

Effective Date, Notice and Comment,

and Paperwork Reduction Act

As specified in 7 U.S.C. 9091, the

regulations to implement the provisions

of Title I and the administration of Title

I of the 2018 Farm Bill are exempt from

the notice and comment provisions of

the Administrative Procedure Act (5

U.S.C. 553) and the Paperwork

Reduction Act (in 44 U.S.C. chapter 35).

Section 9091 further directs the

Secretary to use the authority in 5

U.S.C. 808 related to congressional

review and delay in the effective date.

The Administrative Procedure Act (5

U.S.C.553) provides that the 30-day

delay in the effective date provision

does not apply when the rule involves

specified actions, including matters

relating to benefits. This rule governs

the eligibility provisions for programs

providing benefits to farmers and

ranchers and therefore that exemption

applies to this rule.

Therefore, this rule is effective upon

publication in the Federal Register.

Executive Orders 12866, 13563, 13771

and 13777

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

requirements in Executive Orders 12866

and 13563 for the analysis of costs and

benefits apply to rules that are

determined to be significant. Executive

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Order 13777, ‘‘Enforcing the Regulatory

Reform Agenda,’’ established a federal

policy to alleviate unnecessary

regulatory burdens on the American

people.

The Office of Management and Budget

(OMB) designated this rule as

significant under Executive Order 12866

and therefore, OMB reviewed this rule.

The costs and benefits of this rule are

summarized below. The full cost benefit

analysis is available on regulations.gov.

Executive Order 13771, ‘‘Reducing

Regulation and Controlling Regulatory

Costs,’’ requires that, in order to manage

the costs required to comply with

Federal regulations, that for every new

significant or economically significant

regulation issued, the new costs must be

offset by savings from deregulatory

actions. OMB guidance in M–17–21,

dated April 5, 2017, specifies that

‘‘transfers’’ are not covered by Executive

Order 13771.

Cost Benefit Analysis Summary

The cost benefit analysis evaluated

changes to payment limits and payment

eligibility mandated by the 2018 Farm

Bill along with two other changes the

rule is making in the regulation. This

rule implements those changes by

amending the regulations in 7 CFR part

1400. We estimate that the changes will

increase Farm Program outlays by about

$21.2 million per year. The largest

increases are from elimination of the

payment limit for ELAP and a new

separate payment limit for those

producers who choose buy-up coverage

under NAP.

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, Pub. L.

104–121), generally requires an agency

to prepare a regulatory flexibility

analysis of any rule whenever an agency

is required by the Administrative

Procedure Act 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 not subject to the Regulatory

Flexibility Act because USDA is not

required by Administrative Procedure

Act or any law to publish a proposed

rule for this rulemaking.

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). FSA has determined that the

provisions identified in this final rule

are administrative in nature, intended to

clarify the mandatory requirements of

the programs, as defined in the 2018

Farm Bill, and do not constitute a major

Federal action that would significantly

affect the quality of the human

environment, individually or

cumulatively. As this rule presents

administrative clarifications only, it is

categorically excluded under

§ 799.31(3)(i)) issuing minor technical

corrections to regulations, handbooks,

and internal guidance, as well as

amendments to them; 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 to 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 which

requires intergovernmental consultation

with State and local officials.

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 changes mandated by the 2018

Farm Bill were effective for the 2019

crop year. Other changes in this rule

will not have retroactive effect. Before

any judicial actions may be brought

regarding the provisions of this rule, the

administrative appeal provisions of 7

CFR parts 11 and 780 must 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.

The USDA Office of Tribal Relations

(OTR) has assessed the impact of this

rule on Indian Tribes and determined

that this rule does have significant

Tribal implications. OTR has

determined that further Tribal

consultation under Executive Order

13175 is not required at this time.

Tribal consultation for this rule was

included in the 2018 Farm Bill

consultation held on May 1–2, 2019, at

the National Museum of American

Indian, in Washington, DC, and on June

26–27, 2019, in Sparks, NV. The portion

of the Tribal consultation relative to this

rule was conducted by Bill Northey,

USDA Under Secretary for the Farm

Production and Conservation mission

area, as part of the Title I session. No

comments regarding this rule were

raised.

If a Tribe requests additional

consultation, FSA and CCC will work

with OTR to ensure meaningful

consultation is provided where changes,

additions, and modifications are not

expressly mandated by law.

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 of State, local, and Tribal

governments or the private sector.

Agencies generally must prepare a

written statement, including cost

benefits analysis, for proposed and final

rules with Federal mandates that may

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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.

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.

Federal Assistance Programs

The title and number of the Federal

Domestic Assistance Programs found in

the Catalog of Federal Domestic

Assistance to which this rule applies

are:

10.051—Commodity Loans and Loan

Deficiency Payments

10.069—Conservation Reserve Program

10.088—Livestock Indemnity Program

10.089—Livestock Forage Disaster Program

10.091—Emergency Assistance for Livestock,

Honeybees, and Farm-Raised Fish

Program

10.092—Tree Assistance Program

10.113—Agriculture Risk Coverage

10.112—Price Loss Coverage

10.451—Noninsured Assistance

10.912—Environmental Quality Incentives

Program

10.917—Agricultural Management Assistance

List of Subjects in 7 CFR Part 1400

Agriculture, Grant programs—

agriculture, Loan programs—agriculture,

Natural resources, Price support

programs.

For the reasons discussed above, CCC

amends 7 CFR part 1400 as follows:

PART 1400—PAYMENT LIMITATION

AND PAYMENT ELIGIBILITY

■1. The authority citation continues to

read as follows:

Authority: 7 U.S.C. 1308, 1308–1, 1308–2,

1308–3, 1308–3a, 1308–4, and 1308–5; and

Title I, Pub. L. 115–123.

Subpart A—General Provisions

■2. Amend § 1400.1 as follows:

■a. Revise paragraph (a)(1);

■b. In paragraph (a)(6), remove the

word ‘‘and’’;

■c. In paragraph (a)(7), remove the

period and add ‘‘; and’’ in its place;

■d. Redesignate paragraph (a)(8) as

paragraph (a)(9);

■e. Add new paragraph (a)(8);

■f. In newly redesignated paragraph

(a)(9), remove the reference ‘‘Subparts C,

D, and G’’ and add ‘‘Subparts C and G’’

in its place and remove ‘‘through (7)’’

and add ‘‘through (8)’’ in its place;

■g. In paragraph (b)(1), remove ‘‘(5),’’;

■h. In paragraph (b)(3), remove the

reference ‘‘Paragraph (a)(6)’’ and add the

references ‘‘Paragraphs (a)(5) and (6)’’ in

its place and remove the word ‘‘and’’ at

the end of the paragraph;

■i. In paragraph (b)(4), remove the

period and add ‘‘; and’’ in its place;

■j. Add paragraph (b)(5); and

■k. Revise paragraph (f).

The additions and revisions read as

follows.

§ 1400.1 Applicability.

(a) * * *

(1) The Agriculture Risk Coverage

(ARC) and Price Loss Coverage (PLC)

Programs, part 1412 of this chapter;

* * * * *

(8) The Emergency Conservation

Program (ECP) and Emergency Forest

Restoration Program (EFRP) in part 701

of this title.

* * * * *

(b) * * *

(5) Paragraph (a)(8) of this section on

a per disaster event basis.

* * * * *

(f) The following amounts are the

limitations on payments per person or

legal entity for the applicable period for

each payment or benefit.

T

ABLE

1

TO

P

ARAGRAPH

(f)

Payment or benefit Limitation per person or legal entity

($)

(1) Price Loss Coverage, Agriculture Risk Coverage payments (other than

Peanuts). 125,000 per program year.

(2) Price Loss Coverage and Agriculture Risk Coverage payments for Pea-

nuts. 125,000 per program year.

(3) CRP annual rental payments ........................................................................ 50,000 per program year.

(4) NAP payments

(i) basic 50/55 NAP coverage ...................................................................... 125,000 per crop year.

(ii) Buy-up NAP coverage ............................................................................ 300,000 per crop year.

(5) LFP ................................................................................................................ 125,000 per program year.

(6) CSP

1

............................................................................................................. 200,000.

(7) EQIP

2

............................................................................................................ 450,000.

(8) AMA program ................................................................................................ 50,000 per fiscal year.

(9) ECP ............................................................................................................... 500,000 per disaster event.

(10) EFRP ........................................................................................................... 500,000 per disaster event.

1

The $200,000 limitation is the total amount a person or legal entity can receive directly or indirectly in the aggregate under all CSP contracts

entered into during fiscal years 2019 through 2023.

2

The $450,000 limitation is the total amount of cost share and incentive payments a person or legal entity can receive directly or indirectly,

under all EQIP contracts (excluding Conservation Incentive Contracts) in the aggregate entered into during the period of either: Fiscal years 2014

through 2018, or fiscal years 2019 through 2023.

§ 1400.2 [Amended]

■3. Amend § 1400.2 as follows:

■a. In paragraph (c) introductory text,

remove the word ‘‘such’’ and add the

words ‘‘the county’’ in its place;

■b. In paragraph (c)(1), remove the

word ‘‘such’’ and add the word ‘‘the’’ in

its place;

■c. In paragraph (f), remove the words

‘‘such determinations’’ and add the

words ‘‘the determinations’’ in their

place and remove the words ‘‘such

year’’ and add the words ‘‘the applicable

year’’ in their place; and

■d. In paragraph (h), remove the words

‘‘such reviews’’ and add ‘‘the reviews’’

in their place.

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■4. Amend § 1400.3(b) as follows:

■a. Revise the definitions of ‘‘Active

personal management’’ and ‘‘Capital’’;

■b. Add the definition of

‘‘Environmentally sensitive land of

special significance’’ in alphabetical

order;

■c. In the definition of ‘‘Equipment’’,

remove the words ‘‘Such equipment’’

and add the words ‘‘The equipment’’ in

their place and remove the words ‘‘such

equipment’’ each time they appear and

add the words ‘‘the equipment’’ in their

place;

■d. In the definition of ‘‘Family

member’’, remove the words ‘‘spouse,

or’’ and add the words ‘‘first cousin,

niece, nephew, spouse, or’’ in their

place;

■e. In the definition of ‘‘Farming

operation’’, remove the words ‘‘such

person’’ and add the words ‘‘the

person’’ in their place;

■g. Remove the definition of ‘‘Interest

in a farming operation’’;

■h. Add the definition of ‘‘Interest in

the farming operation’’ in alphabetical

order;

■i. In the definition of ‘‘Land’’, remove

the word ‘‘Such’’ and add the word

‘‘The’’ in its place, remove the words ‘‘If

such’’ and add the words ‘‘If the’’ in

their place, and remove the words ‘‘crop

or crop proceeds, such’’ and add

‘‘farming operation, the’’ in their place;

■j. In the definition of ‘‘Lawful alien’’,

remove the words ‘‘a valid Alien

Registration Receipt Card’’ and add the

words ‘‘appropriate valid credentials’’

in their place;

■k. Add the definition of ‘‘Livestock’’

in alphabetical order;

■l. In the definition of ‘‘Sharecropper’’,

remove the words ‘‘such crop’’ and add

the words ‘‘the crop’’ in their place and

remove the words ‘‘the provision of

such labor’’ and add the word ‘‘work’’

in their place; and

■m. Revise the definition of

‘‘Significant contribution’’.

The additions and revisions read as

follows:

§ 1400.3 Definitions.

* * * * *

(b) * * *

Active personal management means

personally providing and participating

in activities considered critical to the

profitability of the farming operation

and performed under one or more of the

following categories:

(1) Capital, which includes:

(i) Arranging financing and managing

capital;

(ii) Acquiring equipment;

(iii) Acquiring land or negotiating

leases;

(iv) Managing insurance; and

(v) Managing participation in USDA

programs;

(2) Labor, which includes hiring and

managing of hired labor; and

(3) Agronomics and marketing, which

includes:

(i) Selecting crops and making

planting decisions;

(ii) Acquiring and purchasing crop

inputs;

(iii) Managing crops (that is, whatever

managerial decisions are needed with

respect to keeping the growing crops

living and healthy—soil fertility and

fertilization, weed control, insect

control, irrigation if applicable) and

making harvest decisions; and

(iv) Pricing and marketing of crop

production.

* * * * *

Capital means the funding provided

by a person or legal entity to the farming

operation for the operation to conduct

farming activities. In determining

whether a person or legal entity has

independently contributed capital, in

the form of funding, to the farming

operation, the capital must have been

derived from a fund or account separate

and distinct from that of any other

person or legal entity with an interest in

the farming operation. Capital does not

include the value of any labor or

management that is contributed to the

farming operation or any outlays for

land or equipment. A capital

contribution must be a direct out-of-

pocket input of a specified sum or an

amount borrowed by the person or legal

entity and does not include advance

program payments.

* * * * *

Environmentally sensitive land of

special significance means land offered

for enrollment or adjacent to the land

offered for enrollment that contains, or

through enrollment will address, critical

resources including, but not limited to:

(1) Habitat for threatened,

endangered, or at-risk species;

(2) Historical or cultural resources;

(3) Native grasslands;

(4) Unique wetlands;

(5) Rare, unique, or related soils; and

(6) Critical groundwater recharge

areas.

* * * * *

Interest in the farming operation

means any of the following:

(1) Owner, lessor, or lessee of the land

in the farming operation;

(2) An interest in the agricultural

products, commodities, or livestock

produced by the farming operation; or

(3) A member of a joint operation that

is an owner, lessor, or lessee of the land

in the farming operation or has an

interest in the agricultural products,

commodities, or livestock produced by

the farming operation.

* * * * *

Livestock means those animals

included in § 1416.304(a) of this

chapter.

* * * * *

Significant contribution means the

provision of the following to a farming

operation:

(1) Land, capital, or equipment:

(i) For land, capital, or equipment

contributed independently by a person

or legal entity, a contribution that has a

value at least equal to 50 percent of the

person’s or legal entity’s commensurate

share of the total:

(A) Value of the capital necessary to

conduct the farming operation;

(B) Rental value of the land necessary

to conduct the farming operation; or

(C) Rental value of the equipment

necessary to conduct the farming

operation; or

(ii) If the contribution by a person or

legal entity consists of any combination

of land, capital, and equipment, the

combined contribution must have a

value at least equal to 30 percent of the

person’s or legal entity’s commensurate

share of the total value of the farming

operation.

(2) For active personal labor, an

amount contributed by a person or

members, stockholders, or partners of a

legal entity to the farming operation that

is described by the smaller of the

following:

(i) 1,000 hours per calendar year; or

(ii) 50 percent of the total hours that

would be necessary to conduct a

farming operation that is comparable in

size to the person’s or legal entity’s

commensurate share in the farming

operation.

(3) For active personal management,

includes activities performed by a

person, with a direct or indirect

ownership interest in the farming

operation or a legal entity, on a regular,

continuous, and substantial basis to the

farming operation and meets at least one

of the following to be considered

significant:

(i) Performs at least 25 percent of the

total management hours required for the

farming operation on an annual basis; or

(ii) Performs at least 500 hours of

management annually for the farming

operation.

(4) With respect to a combination of

active personal labor and active

personal management, when neither

contribution by itself meets the

requirement of paragraphs (2) and (3) of

this definition, a combination of active

personal labor and active personal

management that, when made together:

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(i) Is critical to the profitability of the

farming operation; (ii) Is performed on a regular,

continuous, and substantial basis; and (iii) Meets the following required

number of hours:

T

ABLE

1

TO

P

ARAGRAPH

(4)(iii)

OF THE

D

EFINITION OF

S

IGNIFICANT

C

ONTRIBUTION

Combination of active personal labor and active personal management minimum requirement for a significant contribution

Management contribution in hours Labor contribution in hours Meets the minimum threshold for significant

contribution, in hours

475 75 550

450 100 550

425 225 650

400 250 650

375 375 750

350 400 750

325 425 750

300 550 850

275 575 850

250 600 850

225 625 850

200 650 850

175 675 850

150 800 950

125 825 950

100 850 950

75 875 950

50 900 950

25 925 950

* * * * *

■5. Amend § 1400.5 as follows:

■a. In paragraph (b) introductory text,

remove the word ‘‘Such’’ and add the

words ‘‘Examples of’’ in its place;

■b. In paragraph (b)(3) introductory

text, remove the words ‘‘Indicators of

such business arrangement’’ and add the

words ‘‘Examples of business

arrangements or acts’’ in their place;

■c. In paragraph (c), remove the words

‘‘such person’’ and add ‘‘the person’’ in

their place, remove the words ‘‘for

such’’ and add the word ‘‘the’’ in their

place, and add the words ‘‘perpetrated

or’’ after the words ‘‘device was’’; and

■d. Revise paragraph (d) introductory

text.

The revision reads as follows:

§ 1400.5 Denial of program benefits.

* * * * *

(d) A person or legal entity that lies

or perpetuates fraud, commits fraud, or

participates in equally serious actions

for the benefit of the person or legal

entity, or the benefit of any other person

or legal entity, to exceed the applicable

limit on payments or the requirements

of this part will be subject to a 5-year

denial of all program benefits. Examples

of equally serious actions include, but

are not limited to:

* * * * *

■5. Revise § 1400.6(a) to read as

follows:

§ 1400.6 Joint and several liability.

(a) Any legal entity, including joint

operations, and any member of a legal

entity determined to have knowingly

participated in a scheme or device, or

other equally serious actions to evade

the payment limitation provisions in

this part, or that has the purpose of

evading the provisions of this part, will

be jointly and severally liable for any

amounts determined to be payable as

the result of the scheme or device, or

other examples of equally serious

actions mentioned in this section or in

§ 1400.5, including amounts necessary

to recover the payments.

* * * * *

■6. Add § 1400.7 to read as follows:

§ 1400.7 Revocable trust.

A revocable trust and the grantor will

be considered to be the same person

under this part.

§ 1400.8 [Amended]

■7. In § 1400.8, remove the word

‘‘such’’ both times it appears and add

the word ‘‘the’’ in its place.

§ 1400.9 [Amended]

■8. In § 1400.9(a) introductory text,

remove the word ‘‘such’’ and add the

word ‘‘the’’ in its place.

Subpart B—Payment Limitation

§ 1400.100 [Removed and Reserved]

■9. Remove and reserve § 1400.100.

§ 1400.101 [Amended]

■10. Amend § 1400.101 as follows:

■a. In paragraph (a), remove the words

‘‘such a’’ and add the words ‘‘the’’ in

their place;

■b. In paragraph (b)(2), remove the

words ‘‘such minor’’ and add the words

‘‘the minor’’ in their place;

■c. In paragraph (b)(3) introductory

text, remove the word ‘‘such’’ and add

the word ‘‘the’’ in its place; and

■d. In paragraph (c), remove the word

‘‘such’’ and add the word ‘‘the’’ in its

place.

§ 1400.102 [Amended]

■11. Amend § 1400.102 as follows:

■a. In paragraph (a), remove the

reference ‘‘§ 1400.1(a)(1)’’ and add

‘‘§ 1400.1’’ in its place;

■b. In paragraph (b) introductory text,

remove the reference ‘‘§ 1400.1’’ and

add the reference ‘‘§ 1400.1(a)(1)’’ in its

place; and

■c. In paragraph (c), remove the word

‘‘such’’ and add the word ‘‘the’’ in its

place.

§ 1400.103 [Amended]

■12. In § 1400.103(a), remove the words

‘‘such an’’ and add the word ‘‘the’’ in

their place and remove the words ‘‘such

organization’’ and add the words ‘‘the

organization’’ in their place.

§ 1400.104 [Amended]

■13. Amend § 1400.104 as follows:

■a. In paragraph (a) introductory text,

remove the words ‘‘or legal entities’’;

■b. In paragraph (a)(1), remove the

words ‘‘such an’’ and add the word

‘‘the’’ in their place;

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■c. In paragraph (a)(3) introductory

text, remove the words ‘‘base acres not’’

and add the words ‘‘land used for

agricultural production not’’ in their

place and remove the words ‘‘total base

acres’’ and add the words ‘‘total land’’

in their place;

■d. In paragraph (a)(3)(i), remove the

words ‘‘such an increase in base acres’’

and add ‘‘the increase in agricultural

land’’ in their place;

■e. In paragraph (a)(3)(ii), remove the

words ‘‘base acres’’ and add the words

‘‘agricultural land’’ in their place;

■f. In paragraph (a)(4), remove ‘‘such’’

each time it appears and add the word

‘‘the’’ in its place;

■g. In paragraphs (a)(4)(i) through (iv),

remove the comma and add a semicolon

in its place;

■h. In paragraph (a)(5) introductory

text, add the words ‘‘or livestock’’ after

the words ‘‘gift of land’’ both times they

appear and remove the word ‘‘such’’

and add the word ‘‘the’’ in its place;

■i. In paragraph (a)(5)(i), remove the

words ‘‘such land’’ and add the words

‘‘the land or livestock’’ in their place

and remove the comma and add a

semicolon in its place;

■j. In paragraph (a)(5)(ii), add the words

‘‘or livestock’’ after the words ‘‘of land’’,

remove the words ‘‘the land’s fair’’ and

add the words ‘‘land’s or livestock’s

fair’’ in their place, and remove the

comma and add a semicolon in its

place;

■k. In paragraph (a)(5)(iii), remove the

words ‘‘the land’’ and add the words

‘‘the land or livestock’’ in their place

and remove ‘‘such land,’’ and add ‘‘the

land or livestock;’’ in its place;

■l. In paragraph (a)(5)(iv), remove the

comma and add a semicolon in its

place;

■m. In paragraph (a)(5)(v), remove the

words ‘‘the land’’ and add the words

‘‘the land or livestock’’ in their place;

and

■n. In paragraph (b), remove the words

‘‘or legal entities’’.

§ 1400.105 [Amended]

■14. In § 1400.105(d) introductory text,

remove the words ‘‘or legal entity’s’’.

§ 1400.106 [Amended]

■15. In § 1400.106(a), remove the words

‘‘Payments’’ and add the words ‘‘Direct

or indirect payments’’ in its place and

add the words ‘‘and will be determined

in accordance with § 1400.105’’ at the

end of the paragraph.

Subpart C—Payment Eligibility

§ 1400.201 [Amended]

■16. Amend § 1400.201 as follows:

■a. In paragraph (a), remove the word

‘‘such’’ and add the word ‘‘the’’ in its

place; and

■b. In paragraph (d)(3), remove the

words ‘‘such a’’ and add the word ‘‘the’’

in their place.

■17. Amend § 1400.202 as follows:

■a. In paragraph (c) introductory text,

remove the words ‘‘such capital’’ and

add the words ‘‘the capital’’ in their

place; and

■b. Revise paragraph (c)(1).

The revision reads as follows:

§ 1400.202 Persons.

* * * * *

(c) * * *

(1) To meet the requirements of

paragraph (a)(1)(i) of this section, must

be contributed directly by the person

and must not be acquired as a result of

a loan made to, guaranteed, co-signed,

or secured by any other person, joint

operation, or legal entity that has an

interest in the farming operation; and

* * * * *

■18. Amend § 1400.203 as follows:

■a. In paragraph (a)(1)(ii)(C), remove

the word ‘‘such’’ and add the word

‘‘the’’ in its place;

■b. In paragraph (b) introductory text,

remove the word ‘‘such’’ and add the

word ‘‘the’’ in its place both time it

appears;

■c. Revise paragraph (b)(1);

■d. In paragraph (b)(2) introductory

text, remove ‘‘(a)(3)’’ and add ‘‘(3)’’ in its

place and remove the words ‘‘as

defined’’; and

■e. In paragraph (c), remove ‘‘(b)(3)’’

and add ‘‘(3)’’ in its place and remove

the word ‘‘such’’ to add the word ‘‘the’’

in its place.

The revision reads as follows:

§ 1400.203 Joint operations.

* * * * *

(b) * * *

(1) To meet the requirements of

paragraph (a)(1)(i) of this section, and if

contributed directly by the joint

operation, must not be acquired as a

loan made to, guaranteed, co-signed, or

secured by any person, legal entity, or

other joint operation that has an interest

in the farming operation; and

* * * * *

■19. Amend § 1400.204 as follows:

■a. In paragraph (a)(2)(iii), remove the

word ‘‘such’’ and add the word ‘‘the’’ in

its place;

■b. In paragraph (d) introductory text,

remove the word ‘‘such’’ and add the

word ‘‘the’’ in its place; and

■c. Revise paragraph (d)(1).

The revision reads as follows:

§ 1400.204 Limited partnerships, limited

liability partnerships, limited liability

companies, corporations, and other similar

legal entities.

* * * * *

(d) * * *

(1) To meet the requirements of

paragraph (a)(1) of this section, must be

contributed directly by the legal entity

and must not be acquired as a loan

made to, guaranteed, co-signed, or

secured by any person, legal entity, or

joint operation that has an interest in

the farming operation, as defined in this

part; and

* * * * *

■20. Amend § 1400.205 as follows:

■a. In paragraph (e) introductory text,

remove the word ‘‘such’’ and add the

word ‘‘the’’ in its place; and

■b. Revise paragraph (e)(1).

The revision reads as follows:

§ 1400.205 Trusts.

* * * * *

(e) * * *

(1) To meet the requirements of

paragraph (a) of this section, must be

contributed directly by the trust and

must not be acquired as a loan made to,

guaranteed, co-signed, or secured by any

person, legal entity, or joint operation

that has an interest in the farming

operation, as defined in this part; and

* * * * *

■21. Amend § 1400.206 as follows:

■a. In paragraph (b) introductory text,

remove the word ‘‘such’’ and add the

word ‘‘the’’ in its place; and

■b. Revise paragraph (b)(1).

The revision reads as follows:

§ 1400.206 Estates.

* * * * *

(b) * * *

(1) To meet the requirements of

paragraph (a) of this section, must be

contributed directly by the estate and

must not be acquired as a loan made to,

guaranteed, co-signed, or secured by any

person, legal entity, or joint operation

that has an interest in the farming

operation, as defined in this part; and

* * * * *

§ §1400.207, 1400.208, 1400.209, 1400.210,

1400.212, and 1400.213 [Amended]

■22. In §§ 1400.207 through 1400.213,

remove the word ‘‘such’’ and add the

word ‘‘the’’ in its place in the following

places:

■a. In § 1400.207(a) introductory text,

(a)(1), and (b);

■b. In § 1400.208(b)(1) and (2);

■c. In § 1400.209(a) and (b)(2) and (3);

■d. In § 1400.210;

■e. In § 1400.212; and

■f. In § 1400.213.

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■23. Add § 1400.214 to read as follows:

§ 1400.214 Cash rent tenants.

(a) Any tenant that is actively engaged

in farming in accordance with the

provisions of this subpart and conducts

a farming operation in which the tenant

rents the land for cash, for a crop share

guaranteed as to the amount of the

commodity, or by any arrangement in

which the tenant does not compensate

the landlord by cash or a crop share,

and receives benefits, with respect to

the land under a program specified in

§ 1400.1(a)(1) and (2) will not be eligible

to receive any payment with respect to

the cash-rented land unless the tenant

independently makes a significant

contribution to the farming operation of:

(1) Active personal labor; or

(2) Significant contributions of both

active personal management and

equipment.

(b) If the equipment is leased by the

tenant from:

(1) The landlord, then the lease must

reflect the fair market value of the

equipment leased with a payment

schedule considered reasonable and

customary for the area; or

(2) The same person or legal entity

that is providing hired labor to the

farming operation, then the contracts for

the lease of the equipment and for the

hired labor must be two separate

contracts.

(c) If the equipment is leased by the

tenant from the landlord, or from the

same person or legal entity that is

providing hired labor to the farming

operation, then the tenant must exercise

complete control over the leased

equipment during the entire current

crop year. Complete control is defined

as exclusive access and use by the

tenant.

(d) If the cash rent tenant is a joint

operation, then each member or their

spouse must make a significant

contribution of active personal labor or

active personal management as

specified in § 1400.203(a)(1)(ii) to be

considered eligible for the member’s

share of the program payments received

by the joint operation on the cash rented

land.

(e) If the cash rent tenant is a legal

entity, then a significant contribution of

active personal labor or active personal

management must be made to the legal

entity as specified in § 1400.204(a)(2) for

the legal entity to be considered eligible

for the program payments on the cash

rented land.

Subpart D [Removed and Reserved]

■24. Remove and reserve subpart D,

consisting of § 1400.301.

Subpart E—Foreign Persons

§ 1400.401 [Amended]

■25. Amend § 1400.401 as follows:

■a. In paragraph (a), remove the words

‘‘such person’’ and add the words ‘‘the

person’’ in their place both times they

appear, remove the words ‘‘such farm’’

and add the words ‘‘the farm’’ in their

place, remove the words ‘‘such an’’ and

add the word ‘‘that’’ in their place, and

remove ‘‘these regulations’’ and adds

‘‘the regulations in this subpart’’ in its

place;

■b. In paragraph (b)(1), remove the

words ‘‘such a legal’’ and add the words

‘‘the legal’’ in their place and remove

the words ‘‘such legal’’ and add the

words ‘‘the legal’’ in their place;

■c. In paragraph (b)(2) introductory

text, remove the word ‘‘such’’ and add

the word ‘‘the’’ in its place;

■d. In paragraph (b)(3), remove the

words ‘‘in such’’ and add ‘‘in’’ in their

place;

■e. In paragraph (b)(4), remove the

words ‘‘in such’’ and add the word ‘‘in’’

in their place and remove the words

‘‘such payment’’ and add the words ‘‘the

payment’’ in their place; and

■f. In paragraph (b)(5), remove the

words ‘‘such percentage’’ and add the

words ‘‘the percentage’’ in their place,

remove the words ‘‘such stock’’ and add

the words ‘‘the stock’’ in their place,

and remove the words ‘‘such class’’ and

add the word ‘‘class’’ in their place.

§ 1400.402 [Amended]

■26. Amend § 1400.402 as follows:

■a. In paragraph (a)(1), remove the

word ‘‘such’’ and add the word ‘‘the’’ in

its place;

■b. In paragraph (a)(2), remove the

word ‘‘Such’’ and add the word ‘‘The’’

in its place; and

■c. In paragraph (b), remove the words

‘‘Such written’’ and add the word

‘‘Written’’ in their place and remove

‘‘such’’ and add ‘‘the’’ in its place.

Subpart F—Average Adjusted Gross

Income Limitation

■27. Amend § 1400.500 as follows:

■a. In paragraph (c), remove the word

‘‘such’’ and add the word ‘‘the’’ in its

place; and

■b. Add paragraph (f).

The addition reads as follows:

§ 1400.500 Applicability.

* * * * *

(f) The Administrator or NRCS Chief

may waive the limitation under this

section on a case-by-case basis for the

protection of environmentally sensitive

land of special significance. A waiver

request must be in writing and:

(1) Show that use of conservation

program funding on or adjacent to

environmentally sensitive land of

special significance is critical to the

success of a project that provides

conservation benefits to multiple

producers or landowners in a

community, watershed, or other

geographic area;

(2) Demonstrate that the proposed

action achieves enduring protection of

environmentally sensitive land of

special significance through use of a

long-term agreement that is greater than

15 years in duration or through use of

a deed restriction on the land; or

(3) Present evidence that otherwise

demonstrates, as determined by the

Administrator or the NRCS Chief, that

the waiver is necessary to address the

critical natural resources referenced in

the definition of environmentally

sensitive land of special significance.

§ 1400.501 [Amended]

■28. Amend § 1400.501 as follows:

■a. In paragraph (a)(2), remove the

word ‘‘such’’ and add the word ‘‘the’’ in

its place; and

■b. In paragraph (b), remove the word

‘‘such’’ and add the word ‘‘this’’ in its

place.

§ 1400.503 [Amended]

■29. In § 1400.503, remove the word

‘‘such’’ each time it appears and add the

word ‘‘the’’ in its place.

Subpart G—Additional Payment

Eligibility Provisions for Joint

Operations and Legal Entities

Comprised of Non-Family Members or

Partners, Stockholders, or Persons

With an Ownership Interest in the

Farming Operation

§ 1400.601 [Removed and Reserved]

■30. Remove and reserve § 1400.601.

§ 1400.602 [Amended]

■33. Amend § 1400.602 as follows:

■a. In paragraphs (a)(1) and (2)

introductory text, remove the word

‘‘such’’ each time it appears;

■b. In paragraph (a)(3) introductory

text, remove the words ‘‘one such’’ and

add the word ‘‘one’’ in their place and

remove the words ‘‘with such’’ and add

the words ‘‘with that’’ in their place;

and

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■c. In paragraphs (b) and (e), remove

the word ‘‘such’’ each time it appears

and add the word ‘‘the’’ in its place.

Richard Fordyce,

Administrator, Farm Service Agency.

Robert Stephenson,

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 2020–18148 Filed 8–19–20; 4:15 pm]

BILLING CODE 3410–05–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 33

[Docket No FAA–2020–0816; Special

Conditions No. 33–20–01–SC]

Special Conditions: Safran Helicopter

Engines, S.A., Arrano 1A Turboshaft

Engine Model; 30-Minute All Engines

Operating Power Rating

AGENCY

: Federal Aviation

Administration (FAA), DOT.

ACTION

: Final special conditions; request

for comments.

SUMMARY

: These special conditions are

issued for the Safran Helicopter

Engines, S.A. (Safran Helicopter

Engines), Arrano 1A turboshaft engine

model. This engine model will have a

novel or unusual design feature when

compared to the state of technology

envisioned in the airworthiness

standards for aircraft engines. This

design feature is a 30-minute All

Engines Operating (AEO) power rating.

The applicable airworthiness

regulations do not contain adequate or

appropriate safety standards for this

design feature. These special conditions

contain the additional safety standards

that the Administrator considers

necessary to establish a level of safety

equivalent to that established by the

existing airworthiness standards.

DATES

: This action is effective on Safran

Helicopter Engines on August 24, 2020.

Send comments on or before October 8,

2020.

ADDRESSES

: Send comments identified

by docket number FAA–2020–0816

using any of the following methods:

•Federal eRegulations Portal: Go to

http://www.regulations.gov and follow

the online instructions for sending your

comments electronically.

•Mail: Send comments to Docket

Operations, M–30, U.S. Department of

Transportation (DOT), 1200 New Jersey

Avenue SE, Room W12–140, West

Building Ground Floor, Washington, DC

20590–0001.

•Hand Delivery or Courier: Take

comments to Docket Operations in

Room W12–140 of the West Building

Ground Floor at 1200 New Jersey

Avenue SE, Washington, DC, between 9

a.m., and 5 p.m., Monday through

Friday, except Federal holidays.

•Fax: Fax comments to Docket

Operations at 202–493–2251.

Privacy: The FAA will post all

comments it receives, without change,

to http://regulations.gov/, including any

personal information the commenter

provides. Using the search function of

the docket website, anyone can find and

read the electronic form of all comments

received into any FAA docket,

including the name of the individual

sending the comment (or signing the

comment for an association, business,

labor union, etc.). DOT’s complete

Privacy Act Statement can be found in

the Federal Register published on April

11, 2000 (65 FR 19477–19478).

Docket: Background documents or

comments received may be read at

http://www.regulations.gov at any time.

Follow the online instructions for

accessing the docket or go to the Docket

Operations in Room W12–140 of the

West Building Ground Floor at 1200

New Jersey Avenue SE, Washington,

DC, between 9 a.m., and 5 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT

: Tara

Fitzgerald, FAA, AIR–6A2, Engine and

Propeller Standards Branch, Aircraft

Certification Service, 1200 District

Avenue, Burlington, Massachusetts,

01803–5213; telephone (781) 238–7130;

facsimile (781) 238–7199; email

tara.fitzgerald@faa.gov.

SUPPLEMENTARY INFORMATION

: The FAA

has determined, in accordance with 5

U.S. Code 553(b)(3)(B) and 553(d)(3),

that notice and opportunity for prior

public comment are unnecessary

because substantially identical special

conditions have been previously subject

to the public comment process in

several prior instances such that the

FAA is satisfied that new comments are

unlikely. For the same reason, the FAA

finds that good cause exists for adopting

these special conditions upon issuance.

The FAA is requesting comments to

allow interested persons to submit

views that may not have been submitted

in response to the prior opportunities

for comment.

Special

conditions

number Company and model

No. 33–021–SC

1

Light Helicopter Turbine

Engine Company

CTS800–4AT Turbo-

shaft Engine.

Special

conditions

number Company and model

No. 33–010–SC

2

Pratt and Whitney Can-

ada, Inc. PT6C–67E

Turboshaft Engine.

No. 33–009–SC

3

Pratt and Whitney Can-

ada Corp. PW210S

Turboshaft Engine.

1

82 FR 60854, December 26, 2017.

2

76 FR 56097, September 12, 2011.

3

76 FR 40594, July 11, 2011.

Comments Invited

The FAA invites interested people to

take part in this rulemaking by sending

written comments, data, or views. The

most helpful comments reference a

specific portion of the special

conditions, explain the reason for any

recommended change, and include

supporting data.

The FAA will consider all comments

received by the closing date for

comments. The FAA may change these

special conditions based on the

comments received.

Background

On August 30, 2019, Safran

Helicopter Engines applied for a type

certificate for the Arrano 1A turboshaft

engine model. The Arrano 1A turboshaft

engine model has an annular inlet

integrating inlet guide vanes, a two-

stage centrifugal compressor driven by a

single-stage high pressure turbine, a

reverse flow combustion chamber and a

single-stage low pressure turbine (power

turbine) driving a reduction gearbox

located at the front of the engine and an

exhaust pipe. The Arrano 1A turboshaft

engine model will incorporate a novel

or unusual design feature, which is a 30-

minute AEO power rating. Regulations

pertaining to a 30-minute AEO power

rating have not been incorporated into

part 33. These special conditions

provide the requirements for the 30-

minute AEO power rating for the Arrano

1A turboshaft engine model. Safran

Helicopter Engines has requested this

30-minute AEO power rating to support

helicopter search and rescue missions

that require hover operations at high

power. The use of the 30-minute AEO

power rating will require special

conditions to address the use of this 30-

minute AEO power rating and its effects

on the Arrano 1A engine model.

Type Certification Basis

Under the provisions of title 14, Code

of Federal Regulations (14 CFR) 21.17,

Safran Helicopter Engines must show

that the Arrano 1A turboshaft engine

model meets the applicable provisions

of 14 CFR part 33, dated February 1,

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