Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61597

Code of Federal Regulations are 

amended as set forth below:

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950- )

■ 1. The authority citation for subpart J 

of part 404 continues to read as follows:

Authority: Secs. 201(j), 204(f), 205(a), (b), 

(d)–(h), and (j), 221, 225, and 702(a)(5) of the 

Social Security Act (42 U.S.C. 401(j), 404(f), 

405(a), (b), (d)–(h), and (j), 421, 425, and 

902(a)(5)); sec. 5, Pub. L. 97–455, 96 Stat. 

2500 (42 U.S.C. 405 note); secs. 5, 6(c)–(e), 

and 15, Pub. L. 98–460, 98 Stat. 1802 (42 

U.S.C. 421 note).

■ 2. Section 404.953 is amended by 

redesignating current paragraph (b) as 

paragraph (c) and adding a new 

paragraph (b), to read as follows:

§ 404.953 The decision of an 

administrative law judge.

* * * * *

(b) Wholly favorable oral decision 

entered into the record at the hearing.

The administrative law judge may enter 

a wholly favorable oral decision into the 

record of the hearing proceedings. If the 

administrative law judge enters a 

wholly favorable oral decision into the 

record of the hearing proceedings, the 

administrative law judge may issue a 

written decision that incorporates the 

oral decision by reference. The 

administrative law judge may use this 

procedure only in those categories of 

cases that we identify in advance. The 

administrative law judge may only use 

this procedure in those cases where the 

administrative law judge determines 

that no changes are required in the 

findings of fact or the reasons for the 

decision as stated at the hearing. If a 

wholly favorable decision is entered 

into the record at the hearing, the 

administrative law judge will also 

include in the record, as an exhibit 

entered into the record at the hearing, a 

document that sets forth the key data, 

findings of fact, and narrative rationale 

for the decision. If the decision 

incorporates by reference the findings 

and the reasons stated in an oral 

decision at the hearing, the parties shall 

also be provided, upon written request, 

a record of the oral decision.

* * * * *

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND AND DISABLED

■ 3. The authority citation for subpart N 

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1631, and 1633 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1383, and 1383b).

■ 4. Section 416.1453 is amended by 

redesignating current paragraphs (b) and 

(c) as paragraphs (c) and (d) respectively 

and adding a new paragraph (b), to read 

as follows:

§ 416.1453 The decision of an 

administrative law judge.

* * * * *

(b) Wholly favorable oral decision 

entered into the record at the hearing.

The administrative law judge may enter 

a wholly favorable oral decision into the 

record of the hearing proceedings. If the 

administrative law judge enters a 

wholly favorable oral decision into the 

record of the hearing proceedings, the 

administrative law judge may issue a 

written decision that incorporates the 

oral decision by reference. The 

administrative law judge may use this 

procedure only in those categories of 

cases that we identify in advance. The 

administrative law judge may only use 

this procedure in those cases where the 

administrative law judge determines 

that no changes are required in the 

findings of fact or the reasons for the 

decision as stated at the hearing. If a 

wholly favorable decision is entered 

into the record at the hearing, the 

administrative law judge will also 

include in the record, as an exhibit 

entered into the record at the hearing, a 

document that sets forth the key data, 

findings of fact, and narrative rationale 

for the decision. If the decision 

incorporates by reference the findings 

and the reasons stated in an oral 

decision at the hearing, the parties shall 

also be provided, upon written request, 

a record of the oral decision.

* * * * *

[FR Doc. 04–23357 Filed 10–19–04; 8:45 am] 

BILLING CODE 4191–02–P

DEPARTMENT OF STATE

22 CFR Part 51

RIN 1400–ZA07

[Public Notice: 4862] 

Passport Procedures—Amendment to 

Passport Regulations; Correction

AGENCY: State Department.

ACTION: Interim rule; correction.

SUMMARY: The Department of State 

published a document in the Federal 

Register of October 13, 2004, concerning 

request for comments on the 

requirement that a statement of consent 

submitted in support of a minor’s 

application be notarized. The document 

contained incorrect dates.

FOR FURTHER INFORMATION CONTACT:

Gregory K.O. Davis, Office of Directives 

Management, Bureau of Administration, 

Department of State 202–312–9607; Fax 

202–312–9603. 

Correction 

In the Federal Register of October 13, 

2004, in FR Doc. 04–22937, on page 

60811, in the third column, correct the 

DATES caption to read:

DATES: The effective date is November 1, 

2004. The Department will accept 

comments from the public up to 

November 13, 2004.

Dated: October 14, 2004. 

Gregory K.O. Davis, 

Regulatory Coordinator, Department of State.

[FR Doc. 04–23469 Filed 10–19–04; 8:45 am] 

BILLING CODE 4710–24–P

DEPARTMENT OF DEFENSE

Department of the Navy 

32 CFR Part 706

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy 

is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has determined that USS MOMSEN 

(DDG 92) is a vessel of the Navy which, 

due to its special construction and 

purpose, cannot fully comply with 

certain provisions of the 72 COLREGS 

without interfering with its special 

function as a naval ship. The intended 

effect of this rule is to warn mariners in 

waters where 72 COLREGS apply.

EFFECTIVE DATE: January 12, 2004.

FOR FURTHER INFORMATION CONTACT:

Commander Scott A. Kenney, JAGC, 

U.S. Navy, Deputy Assistant Judge 

Advocate General (Admiralty and 

Maritime Law), Office of the Judge 

Advocate General, Department of the 

Navy, 1322 Patterson Ave., SE., Suite 

3000, Washington Navy Yard, DC 

20374–5066, Telephone number: (202) 

685–5040.

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the Department of the Navy 

amends 32 CFR Part 706. This 

amendment provides notice that the 

Deputy Assistant Judge Advocate 

61598 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS MOMSEN (DDG 92) is a vessel of 

the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Annex I, paragraph 3(a) 

pertaining to the location of the forward 

masthead light in the forward quarter of 

the vessel, and the horizontal distance 

between the forward and after masthead 

lights; Annex I, paragraph 3(c), 

pertaining to placement of task lights 

not less than two meters from the fore 

and aft centerline of the ship in the 

athwartship direction; Annex I, 

paragraph 2(f)(i), pertaining to the 

placement of the masthead light or 

lights above and clear of all other lights 

and obstructions; and Annex I, 

paragraph 2(f)(ii), pertaining to the 

vertical placement of task lights. The 

Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has also certified that the lights 

involved are located in closest possible 

compliance with the applicable 72 

COLREGS requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner different from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and 

Vessels.

■ Accordingly, 32 CFR part 706 is 

amended as follows:

PART 706—[AMENDED]

■ 1. The authority citation for 32 CFR 

part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

■ 2. Table Four, Paragraph 15 of § 706.2 

is amended by adding, in numerical 

order, the following entry for USS 

MOMSEN:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

Vessel Number 

Horizontal distance from the fore and aft

centerline of the vessel in the

athwartship direction 

* * * * * * * 

USS MOMSEN ................................................. DDG 92 ............................................................. 1.88 meters. 

* * * * * * * 

■ 3. Table Four, Paragraph 16 of § 706.2 

is amended by adding, in numerical 

order, the following entry for USS 

MOMSEN:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

Vessel Number Obstruction angle relative ship’s headings 

* * * * * * * 

USS MOMSEN ................................................. DDG 92 ............................................................. 108.10 thru 112.50°

* * * * * * * 

■ 4. Table Five of § 706.2 is amended by 

adding, in numerical order, the following 

entry for USS MOMSEN:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

TABLE FIVE

Vessel No. 

Masthead 

lights not over 

all other lights 

and obstructions. Annex I, 

sec. 2(f) 

Forward masthead light not 

in forward 

quarter of 

ship. Annex I, 

sec. 3(a) 

After masthead light less 

than 1/2 ship’s 

length aft of 

forward masthead light. 

Annex I, sec. 

3(a) 

Percentage 

horizontal

separation

attained 

* * * * * * * 

USS MOMSEN .................................. DDG 92 ............................................. X X X 14.5 

* * * * * * * 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61599

Note: This document was received at the 

Office of the Federal Register on October 13, 

2004.

Dated: January 12, 2004. 

S. A. Kenney, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law).

[FR Doc. 04–23215 Filed 10–19–04; 8:45 am] 

BILLING CODE 3510–FF–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0327; FRL–7682–1]

Cyprodinil; Pesticide Tolerances

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes 

tolerances for residues of cyprodinil, 4-

cyclopropyl-6-methyl-N-phenyl-2-

pyrimidinamine, in or on almond, hulls; 

bean, dry; bean, succulent; and leafy 

greens subgroup 4A, except spinach. 

Interregional Research Project Number 4 

(IR–4) requested this tolerance under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA).

DATES: This regulation is effective 

October 20, 2004. Objections and 

requests for hearings must be received 

on or before December 20, 2004.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2004–

0327. All documents in the docket are 

listed in the EDOCKET index at http:/

/www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 South Bell 

St., Arlington, VA. This docket facility 

is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

FOR FURTHER INFORMATION CONTACT:

Maria I. Rodriguez, Registration 

Division (7505C), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., 

NW.,Washington, DC 20460–0001; 

telephone number: (703) 305–6710; email address: rodriguez.maria@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers.

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers.

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators.

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users.

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information?

In addition to using EDOCKET (http:/

/www.epa.gov/edocket/), you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

In the Federal Register of April 21, 

2003 (68 FR 19528) (FRL–7301–6), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 3E6530; note that 

this PP was inadvertently reported as PP 

2E6530 in the unit entitled Summary of 

Petition of that notice) by IR–4, 681 U.S. 

Highway #1 South, New Brunswick, NJ 

08902–3390. The petition requested that 

40 CFR 180.532 be amended by 

establishing tolerances for residues of 

the fungicide cyprodinil, 4-cyclopropyl6-methyl-N-phenyl-2-pyrimidinamine, 

in or on almond, hulls at 8.0 parts per 

million (ppm). That notice included a 

summary of the petition prepared by IR–

4, the registrant. There were no 

comments received in response to the 

notice of filing.

In the Federal Register of September 

1, 2004 (69 FR 53436) (FRL–7676–4), 

EPA issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petitions (PP 3E6638 and PP 

3E6700) by IR–4, 681 U.S. Highway #1 

South, New Brunswick, NJ 08902–3390. 

The petition requested that 40 CFR 

180.532 be amended by establishing a 

tolerance for residues of the fungicide 

cyprodinil, 4-cyclopropyl-6-methyl-Nphenyl-2-pyrimidinamine, in or on leafy 

greens subgroup 4A, except spinach at 

30 ppm (PP 3E6638); bean, dry and 

bean, succulent at 0.6 ppm each (PP 

3E6700). That notice included a 

summary of the petition prepared by IR–

4, the registrant. Comments were 

received from one individual in New 

Jersey opposing and objecting the 

establishment of tolerances for residues 

of cyprodinil. The individual criticized 

IR–4’s involvement in the pesticide 

registration as well as EPA’s way of 

conducting pesticide registration. EPA’s 

response to the public comments 

received is in Unit V. of this document.

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from