Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-07-27.xml --- 69 143 Tuesday, July 27, 2004 Contents Agriculture Agriculture Department See Farm Service Agency See Federal Crop Insurance Corporation See Forest Service See Grain Inspection, Packers and Stockyards Administration Army Army Department See Engineers Corps Coast Guard Coast Guard RULES Ports and waterways safety: Safety and security zones, etc.; list of temporary regulations, 44597-44599 04-17015 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44670-44672 04-17054 Committees; establishment, renewal, termination, etc.:

Chemical Transportation Advisory Committee, 44672 04-17052 Drawbridge operations: Louisiana, 44672-44673 04-17053 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Defense Department See Engineers Corps NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 44645-44646 04-17065 04-17066 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44646-44648 04-16997 04-16998 04-16999 04-17000 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; record of decision:

Paducah, KY; depleted uranium hexafluoride conversion facility; construction and operation, 44654-44658 04-17050 Portsmouth, OH; depleted uranium hexafluoride conversion facility; construction and operation, 44649-44654 04-17048 Meetings: Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 44648-44649 04-17049 Engineers Engineers Corps PROPOSED RULES Danger zones and restricted areas: Fort Knox, KY; Salt River, Rolling Fork River, and Otter Creek;

U.S. Army Garrison, Fort Knox Military Reservation, 44613-44614 04-16922 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Alaska, 44601-44607 04-17062 Air quality implementation plans; approval and promulgation; various States: California, 44599-44601 04-16710 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Alaska, 44632 04-17061 Air quality implementation plans; approval and promulgation; various States: California, 44631-44632 04-16711 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency RULES Special programs: Guaranteed farm loan program, 44576-44580 04-17046 FAA Federal Aviation Administration RULES Air carrier certification and operations: Light-sport aircraft, 44771-44882 04-16577 Airworthiness directives: Airbus, 44592-44594 04-16675 BAE Systems (Operations) Ltd., 04-16673 44589-44591, 44594-44595 04-16679 Boeing, 44580-44586 04-16676 Bombardier, 44591-44592 04-16680 Fokker, 44586-44587 04-16677 Saab, 44587-44589 04-16678 Standard instrument approach procedures, 44595-44596 04-17016 NOTICES Aeronautical land use assurance; waivers:

North Bend Municipal Airport, OR, 44707-44708 04-17018 Airport noise compatibility program: Fort Lauderdale Executive Airport, FL, 44708 04-17019 Lincoln Airport, NE, 44708-44709 04-17020 Passenger facility charges; applications, etc.: General Mitchell International Airport, WI, 44709-44710 04-17017 Sioux Gateway Airport, IA, 44710 04-17021 FCC Federal Communications Commission RULES Common carrier services: Telecommunications companies; Uniform System of Accounts; correction, 44607-44608 04-17077 Radio services, special:

Fixed microwave services— 24 GHz service; licensing and operation; correction, 44608-44609 04-16956 NOTICES Common carrier services: Wireless telecommunications services— 460-470 MHz band; freeze on high power use extended, 44667-44668 04-17076 Federal Crop Federal Crop Insurance Corporation RULES Crop insurance regulations: Tomatoes, 44575-44576 04-17042 NOTICES Grants and cooperative agreements; availability, etc.: Crop Insurance in Targeted States Program, 44640 04-17041 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 44668-44669 04-17014 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations:

Various States, 44632-44634 04-17033 NOTICES Disaster and emergency areas: California, 44673 04-17029 Indiana, 04-17028 44673-44674 04-17031 Michigan, 44674 04-17032 New Jersey, 44674-44675 04-17030 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Columbia Gas Transmission Corp., 44659-44661 E4-1653 Hydroelectric applications, 44661 E4-1658 Meetings: Electric creditworthiness standards; technical conference, 44662 E4-1660 Information technology for reliability and markets; technical conference, 44663 E4-1659 Meetings;

Sunshine Act, 44663-44667 04-17162 04-17163 *Applications, hearings, determinations, etc.:* El Paso Natural Gas Co., 44658-44659 E4-1654 Pacific Gas & Electric Co., 44663 E4-1655 Wisconsin Public Service Corp., 44659 E4-1657 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 44669 04-17179 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Transit assistance programs; apportionments, allocations, and program information, 44710-44721 04-17022 Fish Fish and Wildlife Service RULES Endangered and threatened species:

Critical habitat designations— Topeka shiner, 44735-44770 04-16646 NOTICES Endangered and threatened species: Bliss Rapids snail; 5-year review, 44676-44677 04-16988 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* New Jersey L’Oreal USA, Inc.; cosmetic and beauty products manufacturing and warehousing facilities, 44641 04-17073 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Ravalli County, 44640 04-17038 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 44645-44646 04-17065 04-17066 Federal property management: Water Resources Development Act— Candy Lake Project, Osage County, OK; property purchase opportunity, 44669-44670 04-17011 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Iowa, 44640-44641 04-17047 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:

Economic performance requirement; correction, 44596-44597 04-17078 Modified accelerated cost recovery system property; changes in use; depreciation Correction, 44597 04-17081 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44729-44730 04-17082 04-17083 Meetings: Taxpayer Advocacy Panels, 04-17084 04-17085 04-17086 44731-44732 04-17087 04-17088 04-17089 International International Trade Administration NOTICES Antidumping: Circular welded carbon quality line pipe from— Mexico and Korea, 44641-44642 04-17072 International International Trade Commission NOTICES Import investigations:

Automated mechanical transmission systems for medium-duty and heavy-duty trucks and components, 44682-44683 04-16989 Labor Labor Department See Occupational Safety and Health Administration NOTICES Grants and cooperative agreements; availability, etc.: Combating child labor, etc., through education in— Various countries, 44683-44694 04-17043 Land Land Management Bureau NOTICES Alaska Native claims selection: Haida Corp., 44677 04-17091 Resource management plans, etc.: Medicine Lodge Resource Area, ID, 44677-44678 04-17093 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44721 04-17004 Coastwise trade laws; administrative waivers:

BITE ME, 44721-44722 04-17005 DOLPHIN WATCHER, 44722 04-17008 PANIC, 44722-44723 04-17007 RHUMB PUNCH, 44723 04-17006 SEANAGHI, 44723 04-17003 TITAN XIV, 44723-44724 04-17009 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Administrative procedures and guidance, 44609-44610 04-17063 Representations and certifications; other than commercial items, 44610-44611 04-17064 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 44645-44646 04-17065 04-17066 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.:

General Motors Corp., 44724-44725 04-17023 Reports and guidance documents; availability, etc.: Data Integrated Project Team Report, 44725-44727 04-16902 National Labor National Labor Relations Board PROPOSED RULES Practice and procedure: Consent-election agreements, 44612-44613 04-17095 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska and Bering Sea and Aleutian Islands groundfish, 44634-44639 04-16957 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-17069 44642-44643 04-17070 Committees; establishment, renewal, termination, etc.:

Monterey Bay National Marine Sanctuary Advisory Council, 44643 04-17013 Meetings: Mid-Atlantic Fishery Management Council, 44643-44644 E4-1652 Permits: Endangered and threatened species, 44644 04-17068 National Park National Park Service NOTICES Concession contract negotiations: Fire Island National Seashore, NY; Davis Park Marine Services, Inc., et al., 44678 04-16990 Environmental statements; notice of intent: Denali National Park and Preserve, AK, 44678 04-16993 Yosemite National Park, CA, 44678-44679 04-16991 National Register of Historic Places:

Pending nominations, 44679-44682 04-16994 04-16995 04-16996 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 44695-44696 04-17181 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 44698-44699 04-17139 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 44696-44698 04-17035 Exelon Generation Co., Inc., et al., 44698 04-17034 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44694-44695 04-17059 Meetings:

Occupational Safety and Health National Advisory Committee, 44695 04-17044 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44644-44645 04-17039 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: National Nanotechnology Advisory Panel; amendment to designate the President's Council of Advisors on Science and Technology to serve as (EO 13349), 44891 04-17204 Liberia; blocking property of certain persons and prohibiting the importation of certain goods from (EO 13348), 44883-44890 04-17205 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

National Association of Securities Dealers, Inc., 44699-44701 04-17001 04-17010 New York Stock Exchange, Inc., 44701-44704 04-17002 SBA Small Business Administration NOTICES Disaster loan areas: Pennsylvania, 44704 04-17037 Saipan, 44704 04-17036 State State Department NOTICES Arms Export Control Act: Commercial export licenses; congressional notifications, 44704-44707 04-17067 Surface Surface Transportation Board NOTICES Meetings: Class II and Class III railroads; expedited abandonment procedures; class exemption; hearing, 44727-44728 04-17055 Railroad services abandonment:

Union Pacific Railroad Co., 44728 04-16822 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-17024 44675-44676 04-17025 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 44728-44729 04-17057 04-17058 Veterans Veterans Affairs Department PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.:

Presumptions of service connection for certain disabilities and related matters, 44614-44631 04-16758 NOTICES Committees; establishment, renewal, termination, etc.: Veterans Health Administration Resident Education Advisory Committee, 44732-44733 04-17060 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 44735-44770 04-16646 Part III Transportation Department, Federal Aviation Administration, 44771-44882 04-16577 Part IV Executive Office of the President, Presidential Documents, 04-17204 44883-44891 04-17205 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 143 Tuesday, July 27, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AB90 Common Crop Insurance Regulations; Processing Tomato Crop Insurance Provisions AGENCY:

Federal Crop Insurance Corporation, USDA. ACTION: Final rule. SUMMARY: The Federal Crop Insurance Corporation

(FCIC)finalizes amendments to the Processing Tomato Crop Insurance Provisions. The intended effects of this action are to clarify that producers who have production contracts with tomato brokers are eligible for insurance, allow the Special Provisions statements to provide a replant payment amount that more adequately reflects the regional cost of tomatoes, and restrict the effect of the current Processing Tomato Crop Provisions to the 2004 and prior crop years. DATES: This rule is effective August 26, 2004. FOR FURTHER INFORMATION CONTACT: John McDonald, Risk Management Specialist, Research and Development, Product Development Division, Risk Management Agency, United States Department of Agriculture, 6501 Beacon Drive, Stop 0812, Room 426 Kansas City, MO, 64133-4676, telephone

(816)926-7730. SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be Not-Significant for the purposes of Executive Order 12866 and, therefore, it has not been reviewed by the Office of Management and Budget (OMB). Paperwork Reduction Act of 1995 Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control number 0563-0053 through February 28, 2005. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of the 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. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees, and compute premium amounts, or a notice of loss and production information to determine an indemnity payment in the event of an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure small entities are given the same opportunities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have an impact on small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule will preempt State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part ll and 7 CFR part 400, subpart J for the informal administrative review process of good farming practices, as applicable, must be exhausted before any action against FCIC for judicial review may be brought. The administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. Environmental Evaluation This action is not expected to have a significant impact on the quality of the human environment, health, and safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. Background On November 14, 2003, FCIC published a notice of proposed rulemaking in the **Federal Register** at 68 FR 64570-64571 to revise 7 CFR 457.160, Processing Tomato Crop Insurance. Following publication of the proposed rule the public was afforded 60 days to submit written comments and opinions. A total of fifteen comments were received from an insurance service organization. Twelve of the comments received were minor editorial changes and were not considered a part of the proposed rule. However, FCIC will consider the comments when the rule is re-opened. The remaining three comments received and responses are as follows: *Comment.* An insurance service organization stated that the phrase “selling and buying” in the new “broker” definition should be changed to “buying and selling” to reflect the usual sequence of events and the normal use of the phrase. *Response.* FCIC agrees with the insurance service organization and has revised the provisions accordingly. *Comment.* An insurance service organization stated that FCIC should consider deleting the “good farming practices” definition from the processing tomato crop provisions so it would not supersede the definition in the Basic Provisions. *Response.* FCIC does not agree with the insurance servicing organization that the definition for “good farming practice” should be deleted from the processing tomato crop provisions. The current definition states that good farming practices also include the cultural practices contained in the tomato processing contract. However, FCIC revised the definition to eliminate any conflict with the Basic Provisions. *Comment.* An insurance service organization questioned whether it's FCIC's intent that paragraph 12(b)(1) allow a regional maximum replanting payment to be the amount shown in the Special Provisions. As written, the regional maximum amount would not be limited by the insured share unless such a limit is included in the Special Provisions statement. *Response.* It is FCIC's intent to allow a regional maximum amount of replanting payment and it will be limited by the insured share. FCIC agrees with the commenter and will revise section 12(b)(1) accordingly to add insured share. List of Subjects in 7 CFR Part 457 Crop insurance, Tomato reporting and recordkeeping requirements. Final Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457 for the 2005 and succeeding crop years as follows: PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for 7 CFR part 457 continues to read as follows: Authority: 7 U.S.C. 1506(l) and 1506(p). 2. Amend the crop insurance provisions in § 457.160 as follows: a. Revise the introductory text; b. Amend section 1 of the crop provisions by adding a definition for “Broker” in alphabetical order and revising the definitions of “good farming practices” and “processor contract”; c. Revise section 8(c); and d. Revise section 12(b). § 457.160 Processing tomato crop insurance provisions. The Processing Tomato Crop Insurance Provisions for the 2005 and succeeding crop years are as follows: 1. Definitions *Broker.* An enterprise in the business of buying and selling tomatoes possessing all the licenses and permits required by the state in which it operates, and that has a written contract with a processor to purchase processing tomatoes on behalf of the processor and to deliver such tomatoes to the processor. *Good Farming Practices.* In addition to the definition of “good farming practices” contained in section 1 of the Basic Provisions, good farming practices include the cultural practices required under the processor contract. *Processor Contract.* A written agreement between the producer and a processor, or between the producer and a broker, containing at a minimum:

(a)The producer's commitment to plant and grow processing tomatoes, and to deliver the tomato production to the processor or broker;

(b)The processor's, or broker's, commitment to purchase all the production stated in the processor contract; and

(c)A price per ton that will be paid for the production. 8. Insured Crop

(c)A tomato producer who is also a processor or broker may establish an insurable interest if the following requirements are met:

(1)The processor or broker, as applicable, must comply with these Crop Provisions;

(2)Prior to the sales closing date, the Board of Directors or officers of the processor or the broker must execute and adopt a resolution that contains the same terms as an acceptable processor contract. (Such resolution will be considered a processor contract under this policy); and

(3)As applicable, our inspection reveals that the processing facilities comply with the definition of a processor contained in these Crop Provisions. 12. Replanting Payment

(b)The maximum amount of the replanting payment per acre will be determined as follows:

(1)The amount shown on the Special Provisions multiplied by your share; or

(2)If an amount is not contained in the Special Provisions, the lesser of 20 percent of the production guarantee or three tons, multiplied by your third stage (final) price election, multiplied by your share; and

(3)In no event will the replanting payment per acre exceed your actual cost of replanting. Signed in Washington, DC, on July 22, 2004. Ross J. Davidson, Jr., Manager, Federal Crop Insurance Corporation. [FR Doc. 04-17042 Filed 7-26-04; 8:45 am]

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