defining the term “person” for the purposes of this chapter, which shall conform, to the maximum extent practicable, to the regulations defining the term “person” promulgated under section 1308 of this title (before the amendment made by section 1603(a) 1 of the Food, Conservation, and Energy Act of 2008); and

promulgating such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section.