61592 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

An interim final rule concerning this 

action was published in the Federal 

Register on July 9, 2004. Copies of the 

rule were mailed by the Board’s staff to 

all Board members and tart cherry 

handlers. In addition, the Office of the 

Federal Register and USDA made the 

rule available through the Internet. That 

rule provided for a 60-day comment 

period which ended September 7, 2004. 

No comments were received. 

After consideration of all relevant 

material presented, including the 

Board’s recommendation, and other 

information, it is found that finalizing 

the interim final rule, without change, 

as published in the Federal Register (69 

FR 41383, July 9, 2004) will tend to 

effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 930

Marketing agreements, Reporting and 

recordkeeping requirements, Tart 

cherries.

PART 930—TART CHERRIES GROWN 

IN THE STATES OF MICHIGAN, NEW 

YORK, PENNSYLVANIA, OREGON, 

UTAH, WASHINGTON, AND 

WISCONSIN

■ Accordingly, the interim final rule 

amending 7 CFR part 930 which was 

published at 69 FR 41383 on July 9, 2004, 

is adopted as a final rule without change.

Dated: October 14, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–23417 Filed 10–19–04; 8:45 am] 

BILLING CODE 3410–02–P

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AH50 

List of Approved Fuel Storage Casks: 

NAC–MPC Revision, Confirmation of 

Effective Date

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Direct final rule: Confirmation 

of effective date. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of October 27, 2004, for 

the direct final rule that was published 

in the Federal Register on August 13, 

2004 (69 FR 50053). This direct final 

rule amended the NRC’s regulations to 

revise the NAC–MPC cask system listing 

to include Amendment No. 4 to 

Certificate of Compliance (CoC) No. 

1025.

EFFECTIVE DATE: The effective date of 

October 27, 2004, is confirmed for this 

direct final rule.

ADDRESSES: Documents related to this 

rulemaking, including comments 

received, may be examined at the NRC 

Public Document Room, located at One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. These same 

documents may also be viewed and 

downloaded electronically via the 

rulemaking Web site (http://

ruleforum.llnl.gov). For information 

about the interactive rulemaking Web 

site, contact Ms. Carol Gallagher (301) 

415–5905; e-mail CAG@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

Jayne M. McCausland, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555, telephone (301) 

415–6219, e-mail jmm2@nrc.gov.

SUPPLEMENTARY INFORMATION: On August 

13, 2004 (69 FR 50053), the NRC 

published a direct final rule amending 

its regulations in 10 CFR part 72 to 

revise the NAC–MPC cask system listing 

within the ‘‘List of Approved Spent Fuel 

Storage Casks’’ to include Amendment 

No. 4 to CoC No. 1025. This amendment 

increases vacuum drying time limits, 

deletes canister removal from concrete 

cask requirements, revises surface 

contamination removal time limits, and 

revises allowable contents fuel assembly 

limits. In the direct final rule, NRC 

stated that if no significant adverse 

comments were received, the direct 

final rule would become final on 

October 27, 2004. The NRC did not 

receive any comments that warranted 

withdrawal of the direct final rule. 

Therefore, this rule will become 

effective as scheduled.

Dated at Rockville, Maryland, this 14th day 

of October, 2004.

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rules and Directives Branch, Division 

of Administrative Services, Office of 

Administration.

[FR Doc. 04–23426 Filed 10–19–04; 8:45 am] 

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 97

[Docket No. 30426; Amdt. No. 3107] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes, 

amends, suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, addition of 

new obstacles, or changes in air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports.

DATES: This rule is effective October 20, 

2004. The compliance date for each 

SIAP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 20, 

2004.

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The Flight Inspection Area Office 

which originated the SIAP; or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

For Purchase—Individual SIAP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

By Subscription—Copies of all SIAPs, 

mailed once every 2 weeks, are for sale 

by the Superintendent of Documents, 

U.S. Government Printing Office, 

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Donald P. Pate, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61593

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd. Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK 73125) 

telephone: (405) 954–4164.

SUPPLEMENTARY INFORMATION: This 

amendment to part 97 of the Federal 

Aviation Regulations (14 CFR part 97) 

establishes, amends, suspends, or 

revokes Standard Instrument Approach 

Procedures (SIAPs). The complete 

regulatory description of each SIAP is 

contained in official FAA form 

documents which are incorporated by 

reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and § 97.20 

of the Federal Aviation Regulations 

(FAR). The applicable FAA Forms are 

identified as FAA Forms 8260–3, 8260–

4, and 8260–5. Materials incorporated 

by reference are available for 

examination or purchase as stated 

above. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. The 

provisions of this amendment state the 

affected CFR (and FAR) sections, with 

the types and effective dates of the 

SIAPs. This amendment also identifies 

the airport, its location, the procedure 

identification and the amendment 

number.

The Rule 

This amendment to part 97 is effective 

upon publication of each separate SIAP 

as contained in the transmittal. Some 

SIAP amendments may have been 

previously issued by the FAA in a 

National Flight Data Center (NFDC) 

Notice to Airmen (NOTAM) as an 

emergency action of immediate flight 

safety relating directly to published 

aeronautical charts. The circumstances 

which created the need for some SIAP 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPs, an effective date at 

least 30 days after publication is 

provided. 

Further, the SIAPs contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these SIAPs, the 

TERPS criteria were applied to the 

conditions existing or anticipated at the 

affected airports. Because of the close 

and immediate relationship between 

these SIAPs and safety in air commerce, 

I find that notice and public procedure 

before adopting these SIAPs are 

impracticable and contrary to the public 

interest and, where applicable, that 

good cause exists for making some 

SIAPs effective in less than 30 days. 

Conclusion 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, 

Incorporation by reference, and 

Navigation (Air).

Issued in Washington, DC, on October 8, 

2004. 

James J. Ballough, 

Director, Flight Standards Service.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me, part 97 of the Federal 

Aviation Regulations (14 CFR part 97) is 

amended by establishing, amending, 

suspending, or revoking Standard 

Instrument Approach Procedures, 

effective at 0901 UTC on the dates 

specified, as follows:

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES

■ 1. The authority citation for part 97 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722.

■ 2. Part 97 is amended to read as 

follows:

* * *Effective November 25, 2004

Huntsville, AL, Huntsville Intl-Carl T. Jones 

Field, RNAV (GPS) Z RWY 18L, Orig 

Huntsville, AL, Huntsville Intl-Carl T. Jones 

Field, RNAV (GPS) Y RWY 18L, Orig 

Teller, AK, Teller, RNAV (GPS) RWY 7, Orig 

Teller, AK, Teller, RNAV (GPS) RWY 25, 

Orig 

De Queen, AR, J. Lynn Helms Sevier County, 

RNAV (GPS) RWY 8, Orig 

De Queen, AR, J. Lynn Helms Sevier County, 

GPS RWY 8, Orig-B, CANCELLED 

Hot Springs, AR, Memorial Field, RNAV 

(GPS) RWY 5, Amdt 1

Mena, AR, Mena Intermountain Muni, RNAV 

(GPS) RWY 17, Orig-A 

North Little Rock, AR, North Little Rock 

Muni, RNAV (GPS) RWY 35, Orig 

North Little Rock, AR, North Little Rock 

Muni, GPS RWY 35, Orig, CANCELLED 

Paragould, AR, Kirk Field, RNAV (GPS) RWY 

4, Orig-A 

Paragould, AR, Kirk Field, RNAV (GPS) RWY 

22, Orig-A 

Pine Bluff, AR, Grider Field, RNAV (GPS) 

RWY 18, Orig 

Russellville, AR, Russellville Rgnl, RNAV 

(GPS) RWY 25, Orig-A 

Carlsbad, CA, McClellan-Palomar, RNAV 

(GPS) RWY 24, Amdt 1

Inyokern, CA, Inyokern, RNAV (GPS) Y RWY 

2, Orig-A 

Palm Springs, CA, Bermuda Dunes, RNAV 

(GPS) RWY 10, Orig-B 

Colorado Springs, CO, City of Colorado 

Springs Muni, RNAV (GPS) RWY 17L, 

Orig-A 

Grand Junction, CO, Walker Field, RNAV 

(GPS) RWY 29, Amdt 1A 

Longmont, CO, Vance Brand, RNAV (GPS)–

B, Orig-A 

Longmont, CO, Vance Brand, RNAV (GPS) 

RWY 29, Orig-A 

Meeker, CO, Meeker, RNAV (GPS)–B, Orig-A 

Meeker, CO, Meeker, RNAV (GPS) RWY 3, 

Orig-A 

Trinidad, CO, Perry Stokes, RNAV (GPS) 

RWY 3, Orig-A 

Crestview, FL, Bob Sikes, RNAV (GPS) RWY 

17, Orig 

Carrollton, GA, West Georgia Regional-OV 

Gray Field, NDB RWY 35, Amdt 3

Carrollton, GA, West Georgia Regional-OV 

Gray Field, ILS OR LOC/NDB RWY 35, 

Orig 

Carrollton, GA, West Georgia Regional-OV 

Gray Field, LOC RWY 34, Amdt 2, 

CANCELLED 

Kailua-Kona, HI, Kona Intl at Keahole, VOR 

OR TACAN RWY 35, Amdt 7

Kailua-Kona, HI, Kona Intl at Keahole, VOR/

DME OR TACAN RWY 17, Amdt 4

Kailua-Kona, HI, Kona Intl at Keahole, RNAV 

(GPS) RWY 17, Orig-B 

Kailua-Kona, HI, Kona Intl at Keahole, RNAV 

(GPS) Z RWY 35, Orig-B 

Kamuela, HI, Waimea-Kohala, RNAV (GPS) 

RWY 4, Orig-A 

Kamuela, HI, Waimea-Kohala, RNAV (GPS) 

RWY 22, Orig-A 

Elkhart, KS, Elkhart-Morton County, RNAV 

(GPS) RWY 17, Orig-A 

Elkhart, KS, Elkhart-Morton County, RNAV 

(GPS) RWY 22, Orig-A 

Elkhart, KS, Elkhart-Morton County, RNAV 

(GPS) RWY 35, Orig-A 

Eureka, KS, Eureka Muni, RNAV (GPS) 18, 

Orig-A 

Kingman, KS, Kingman Airport-Clyde Cessna 

Field, RNAV (GPS) RWY 18, Orig-A 

Kingman, KS, Kingman Airport-Clyde Cessna 

Field, RNAV (GPS) RWY 36, Orig-A 

Lawrence, KS, Lawrence Muni, RNAV (GPS) 

RWY 15, Orig-A 

61594 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

Topeka, KS, Philip Billard Muni, RNAV 

(GPS) RWY 18, Orig-A 

Topeka, KS, Philip Billard Muni, RNAV 

(GPS) RWY 36, Orig-A 

Topeka, KS, Philip Billard Muni, RNAV 

(GPS) RWY 4, Orig-A 

Norton, KS, Norton Muni, RNAV (GPS) RWY 

16, Orig-A 

Wichita, KS, Cessna Aircraft Field, RNAV 

(GPS)–D, Orig-A 

Beverly, MA, Beverly Muni, VOR RWY 16, 

Amdt 5

Beverly, MA, Beverly Muni, LOC RWY 16, 

Amdt 6

Beverly, MA, Beverly Muni, NDB–A, Amdt 

13

Beverly, MA, Beverly Muni, RNAV (GPS) 

RWY 16, Orig 

Beverly, MA, Beverly Muni, GPS RWY 16, 

Orig-A, CANCELLED 

Frederick, MD, Frederick Muni, ILS OR LOC 

RWY 23, Amdt 5

Ocean City, MD, Ocean City Muni, RNAV 

(GPS) RWY 14, Orig-C 

Portland, ME, Portland Intl Jetport, NDB 

RWY 11, Amdt 16

Portland, ME, Portland Intl Jetport, ILS OR 

LOC RWY 11, Amdt 1

Portland, ME, Portland Intl Jetport, RNAV 

(GPS) RWY 11, Amdt 1

Broken Bow, NE, Broken Bow Muni, RNAV 

(GPS) RWY 32, Orig 

Broken Bow, NE, Broken Bow Muni, VOR/

DME RWY 32, Orig 

Wayne, NE, Wayne Muni, RNAV (GPS) RWY 

22, Orig 

Wayne, NE, Wayne Muni, NDB RWY 17, Orig 

Wayne, NE, Wayne Muni, NDB RWY 22, Orig 

Wayne, NE, Wayne Muni, NDB RWY 35, Orig 

Gallup, NM, Gallup Muni, RNAV (GPS) RWY 

6, Orig 

Gallup, NM, Gallup Muni, RNAV (GPS) RWY 

24, Orig 

Gallup, NM, Gallup Muni, GPS RWY 6, OrigA, CANCELLED 

Gallup, NM, Gallup Muni, GPS RWY 24, 

Orig-A, CANCELLED 

Ely, NV, Ely Airport-Yelland Field, RNAV 

(GPS) RWY 18, Orig-B 

Olean, NY, Cattaraugus County-Olean, RNAV 

(GPS) RWY 4, Orig 

Olean, NY, Cattaraugus County-Olean, RNAV 

(GPS) RWY 22, Orig 

Olean, NY, Cattaraugus County-Olean, LOC 

RWY 22, Amdt 5B 

Olean, NY, Cattaraugus County-Olean, GPS 

RWY 4, Orig-A, CANCELLED 

Olean, NY, Cattaraugus County-Olean, GPS 

RWY 22, Orig-A, CANCELLED 

Olean, NY, Cattaraugus County-Olean, VOR/

DME RNAV RWY 22, AMDT 4B, 

CANCELLED 

Potsdam, NY, Potsdam Muni (Damon Field), 

NDB RWY 24, Amdt 4

Potsdam, NY, Potsdam Muni (Damon Field), 

NDB OR GPS RWY 24, Amdt 3A, 

CANCELLED 

Potsdam, NY, Potsdam Muni (Damon Field), 

RNAV (GPS) RWY 24, Orig 

Rochester, NY, Greater Rochester Intl, ILS OR 

LOC RWY 22, Amdt 6

Seneca Falls, NY, Finger Lakes Regional, 

RNAV (GPS) RWY 1, Amdt 2

Syracuse, NY, Syracuse Hancock Intl, ILS 

RWY 28, Amdt 33A 

Syracuse, NY, Syracuse Hancock Intl, RNAV 

(GPS) RWY 28, Orig-A 

Medford, OK, Medford Muni, RNAV (GPS) 

RWY 35, Orig-A 

Clarion, PA, Clarion County, VOR–A, Amdt 

2

Clarion, PA, Clarion County, RNAV (GPS) 

RWY 6, Orig 

Clarion, PA, Clarion County, RNAV (GPS) 

RWY 24, Orig 

Clarion, PA, Clarion County, VOR/DME 

RNAV OR GPS RWY 6, Orig-B, 

CANCELLED 

Clarion, PA, Clarion County, VOR/DME 

RNAV OR GPS RWY 24, Orig-A, 

CANCELLED 

Doylestown, PA, Doylestown, VOR RWY 23, 

Amdt 7

Doylestown, PA, Doylestown, RNAV (GPS) 

RWY 23, Orig 

Rutland, VT, Rutland State, LOC Z RWY 19, 

Amdt 1

Rutland, VT, Rutland State, RNAV (GPS) 

RWY 19, Orig 

Rutland, VT, Rutland State, GPS RWY 19, 

Amdt 2B, CANCELLED 

Seattle, WA, Boeing Field/King County Intl, 

RNAV (GPS) RWY 13R, Orig 

Walla Walla, WA, Walla Walla Regional, 

RNAV (GPS) RWY 2, Orig 

Walla Walla, WA, Walla Walla Regional, GPS 

RWY 2, Orig-A, CANCELLED 

* * *Effective December 23, 2004

Frankfort, IN, Frankfort Muni, RNAV (GPS) 

RWY 27, Orig-A 

Greencastle, IN, Putnam County, RNAV 

(GPS) RWY 36, Orig-A 

Marion, IN, Marion Muni, ILS OR LOC RWY 

4, Amdt 7A 

Hibbing, MN, Chisholm-Hibbing, VOR RWY 

13, Amdt 13

[FR Doc. 04–23374 Filed 10–19–04; 8:45 am] 

BILLING CODE 4910–13–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Regulation Nos. 4 and 16] 

RIN 0960–AF92

Administrative Review Process; 

Incorporation-by-Reference of Oral 

Findings of Fact and Rationale in 

Wholly Favorable Written Decisions

AGENCY: Social Security Administration 

(SSA).

ACTION: Final rules with request for 

comments. 

SUMMARY: We are revising our 

regulations to provide an alternative 

procedure that an Administrative Law 

Judge (ALJ) may use, in certain 

situations, to satisfy the existing 

requirement for issuing a written 

decision that gives the findings of fact 

and the reasons for the decision. If an 

ALJ enters a wholly favorable, oral 

decision into the record of a hearing, the 

ALJ, in certain situations, may fulfill the 

existing requirement for issuing a 

written decision that gives the findings 

and the reasons for the decision by 

issuing a written decision that 

incorporates by reference the findings of 

fact and the reasons stated orally at the 

hearing. Under the regulations as 

revised, this incorporation-by-reference 

procedure may not be used if the ALJ 

determines that the oral findings and 

reasons should be changed in the 

written decision. Where the ALJ 

determines that a change is required, the 

ALJ must issue a written decision that 

sets forth the findings of fact and the 

reasons for the decision under the 

existing procedure, without relying on 

the incorporation-by-reference 

procedure.

DATES: These rules are effective October 

20, 2004. To be sure your comments are 

considered, we must receive them no 

later than December 20, 2004.

ADDRESSES: You may give us your 

comments by: using our Internet site 

facility (i.e., Social Security Online) at 

http://policy.ssa.gov/pnpublic.nsf/

LawsRegs or the Federal eRulemaking 

Portal at http://www.regulations.gov; email to regulations@ssa.gov; telefax to 

(410) 966–2830; or letter to the 

Commissioner of Social Security, P.O. 

Box 17703, Baltimore, MD 21235–7703. 

You may also deliver them to the Office 

of Regulations, Social Security 

Administration, 100 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401 between 8 a.m. and 4:30 

p.m. on regular business days. 

Comments are posted on our Internet 

site, or you may inspect them on regular 

business days by making arrangements 

with the contact person shown in this 

preamble. 

Electronic Version: The electronic file 

of this document is available on the date 

of publication in the Federal Register

on the Internet site for the Government 

Printing Office, http://

www.gpoaccess.gov/fr/index.html. It is 

also available on our Internet site 

facility at http://policy.ssa.gov/

pnpublic.nsf/LawsRegs.

FOR FURTHER INFORMATION CONTACT:

Robert J. Augustine, Social Insurance 

Specialist, Office of Regulations, 100 

Altmeyer Building, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–0020 or TTY 410–966–5609, 

for information about this notice. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 

Social Security Online, at http://

www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: