63134 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 

has been cut into four equal sections 

(one lengthwise cut and one crosswise 

cut). Additionally, the petitioner is 

requesting the size requirements be 

revised. Currently the size requirements 

state, ‘‘When the size of the 

watermelons is stated in terms of 

average weight, unless otherwise 

specified, the melons in any lot 

averaging less than 30 pounds (13.6 

kgs.) shall not vary more than 3 pounds 

(1.4 kgs.) below the stated average, and 

the melons in any lot averaging 30 

pounds (13.6 kgs.) or more shall not 

vary more than 5 pounds (2.3 kgs.) 

below the stated average.’’ The 

petitioner is requesting the size 

requirements be revised to allow for 

watermelons to vary 3 pounds above or 

below the average. Therefore, the size 

requirements would state, ‘‘When the 

size of the watermelons is stated in 

terms of average weight, unless 

otherwise specified, the melons in any 

lot averaging less than 30 pounds (13.6 

kgs.) shall not vary more than 3 pounds 

(1.4 kgs.) above or below the stated 

average, and the melons in any lot 

averaging 30 pounds (13.6 kgs.) or more 

shall not vary more than 5 pounds (2.3 

kgs.) below the stated average.’’

Prior to undertaking research and 

other work associated with revision of 

the grade standards, AMS decided to 

seek public comments on the petition. A 

notice requesting comments on the 

petition to revise the United States 

Standards for Grades of Watermelons 

was published in the April 22, 2004, 

Federal Register (69 FR 21812). 

In response to our request for 

comments, AMS received one comment 

from an industry group. The comment 

was in favor of the proposed revision of 

the standards. 

Based on the submitted information, 

AMS is proposing to revise the 

standards for watermelons following the 

standard format for U.S. Grade 

Standards. Specifically, the proposed 

revision will define seedless 

watermelons by including the following 

definition: ‘‘Seedless Watermelons’’ are 

watermelons which have 16 or less 

mature seeds, not to include pips/

caplets, on the face of the melon which 

has been cut into four equal sections 

(one lengthwise cut and one crosswise 

cut). AMS is also proposing to change 

the size requirements by adding an 

allowance for watermelons to vary 3 

pounds above or below the stated 

average weight. 

This proposal will bring the standards 

for watermelons in line with current 

marketing practices, thereby, improving 

the usefulness of the standards in 

serving the industry. The official grade 

of a lot of watermelons covered by these 

standards will be determined by the 

procedures set forth in the Regulations 

Governing Inspection, Certification, and 

Standards of Fresh Fruits, Vegetables 

and Other Products (§§ 51.1 to 51.61). 

This notice provides for a 60-day 

comment period for interested parties to 

comment on changes to the standards.

Authority: 7 U.S.C. 1621–1627.

Dated: October 25, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–24162 Filed 10–28–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Farm Service Agency 

Florida Citrus, Fruit, Vegetable, and 

Nursery Crop Disaster Programs

AGENCY: Farm Service Agency, USDA.

ACTION: Notice of program 

implementation. 

SUMMARY: This notice announces the 

availability of disaster relief for 

producers of citrus, selected tropical 

fruits, vegetables, fruits and nursery 

crops located in Florida counties that 

have received a Presidential disaster 

declaration for Hurricanes Charley, 

Frances, or Jeanne in order to 

reestablish producers’ purchasing power 

in the following Presidentially-declared 

disaster counties, and any other such 

counties subsequently declared by the 

President: Alachua, Baker, Bay, 

Bradford, Brevard, Broward, Calhoun, 

Charlotte, Citrus, Clay, Collier, 

Columbia, DeSoto, Dixie, Duval, 

Escambia, Flagler, Franklin, Gadsden, 

Gilchrist, Glades, Gulf, Hamilton, 

Hardee, Hendry, Hernando, Highlands, 

Hillsborough, Holmes, Indian River, 

Jackson, Jefferson, Lafayette, Lake, Lee, 

Leon, Levy, Liberty, Madison, Manatee, 

Marion, Martin, Miami-Dade, Monroe, 

Nassau, Okaloosa, Okeechobee, Orange, 

Osceola, Palm Beach, Pasco, Pinellas, 

Polk, Putnam, Santa Rosa, Sarasota, 

Seminole, St. Johns, St. Lucie, Sumter, 

Suwannee, Taylor, Union, Volusia, 

Wakulla, Walton, and Washington.

EFFECTIVE DATE: October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Eloise Taylor, Branch Chief, Compliance 

Branch, Production, Emergencies, and 

Compliance Division, Farm Service 

Agency (FSA), USDA, STOP 0517, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0517; phone: 

(202) 720–9882; fax: (202) 720–4941; email: Eloise.Taylor@usda.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 32 of the Agricultural Act of 

August 24, 1935, allows the Secretary of 

Agriculture to make payments to restore 

producers’ purchasing power. This 

authority has been used in the past to 

provide assistance to producers in 

response to unusual market conditions 

that adversely affected producers. 

Similarly, the widespread and 

significant destruction that resulted in 

Florida from Hurricanes Charley, 

Frances, and Jeanne has adversely 

affected the purchasing power of certain 

producers of agricultural commodities 

in those counties listed in the summary 

paragraph of this notice. Accordingly, 

the Secretary of Agriculture has 

determined that assistance is 

appropriate under this authority, in 

these counties, for producers of crops of 

citrus, nursery, vegetables, fruits and 

selected tropical fruits. Payment rates 

under each program will be as 

announced by FSA. 

Notice and Comment 

Because of the need to provide timely 

assistance to disaster affected producers, 

this program is effective immediately 

without regard to the provisions of 5 

U.S.C. 553 and the Statement of Policy 

of the Secretary of Agriculture dated 

July 24, 1971 (36 FR 13804). 

Small Business Regulatory Enforcement 

Fairness Act 

In accordance with 5 U.S.C. 808, 

because the payments provided under 

this notice need to be made to affected 

producers as timely as possible, it was 

determined that a delay for 

consultation, review, and comment on 

this notice would be impracticable and 

contrary to the public interest. Thus, 

this notice is effective immediately. 

Paperwork Reduction Act 

A request for emergency clearance of 

the information collections associated 

with this notice was submitted to the 

Office of Management and Budget 

(OMB) under 5 CFR 1320.13 (a)(2)(iii), 

and has been approved by OMB and 

assigned OMB control number 0560–

0247. 

Environmental Review 

Due to the weather-related disasters 

requiring the Agency to provide 

immediate relief, sufficient time was not 

available to complete an environmental 

review prior to implementing this 

program. Therefore, an environmental 

assessment is being completed to 

consider the potential impacts of this 

proposed action on the human 

environment in accordance with the 

provisions of the National 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 63135

Environmental Policy Act of 1969 

(NEPA), 42 U.S.C. 4321, et seq., the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and FSA’s regulations for 

compliance with NEPA at 7 CFR part 

799. A copy of the draft environmental 

assessment will be available after 

completion for review upon request. 

II. Application Process 

Producers wishing to receive benefits 

must submit an application to FSA at 

their local FSA Service Center during 

the signup periods, beginning as 

follows: 

Florida Citrus Disaster Program—

October 5, 2004. 

Florida Nursery Disaster Program—

October 20, 2004. 

Florida Fruit and Vegetable Disaster 

Program—October 20, 2004. 

Signup will end on such date as 

announced by FSA. Applications for 

assistance are available at local FSA 

Service Centers. 

III. Payment Limitation 

(a) Consistent with the other crop 

disaster assistance programs of FSA and 

CCC, the total amount of payments 

made under this notice that a ‘‘person’’

may receive can not exceed $80,000. As 

set forth in the individual descriptions 

of each program, payment limitation 

rules in 7 CFR part 1400.301 will be 

used in applying this limit to specified 

portions of the payment made under 

this notice. Producers who receive 

payments for citrus, fruits, vegetables, 

tropical fruits, and/or nursery crops may 

receive no more than a combined 

$80,000 for payments subject to the 

payment limitation for any or all of the 

programs in this notice. This payment 

limitation is separate and distinct from 

all other Commodity Credit Corporation 

(CCC) and FSA program payment 

limitations. 

(b) Adjusted gross income (AGI) rules 

in 7 CFR 1400.600 also apply to persons 

receiving payments under this notice 

with respect to that portion of the 

payment subject to the $80,000 

limitation. Generally, these regulations 

provide that payments will not be 

available for persons whose adjusted 

gross income is $2.5 million or higher, 

unless 75 percent or more of their 

income is derived from farming, 

ranching, and forestry. These provisions 

do not apply to payments that are not 

subject to limitation. A portion of these 

payments are similar to the payments 

made under the Emergency 

Conservation Program (ECP), which 

pays for losses associated with weather 

damage that materially affects 

productive capacity and is required to 

return the land to productive 

agricultural uses. Accordingly, in 

determining whether or not to provide 

this assistance, the portion of the 

payment associated with clean-up and 

rehabilitation is not subject to AGI.

(c) The highly erodible land and 

wetland conservation rules in 7 CFR 

part 12 apply to this notice. 

(d) The controlled substance rules in 

7 CFR 718 apply. 

IV. Florida Citrus Disaster Program 

(a) Eligible producers are those 

producers who maintain groves of fruit 

being trees of citrus types approved by 

the Risk Management Agency (RMA), in 

its Florida Citrus Fruit Crop provisions, 

and as otherwise announced by FSA. 

Producers that had not marketed citrus 

in both 2003 and 2004 are not eligible 

for this assistance, except producers of 

groves that will be of fruit-bearing age 

for 2005, but were too immature to 

produce marketable fruit in 2003 or 

2004, will be eligible for such 

assistance. For the purposes of this 

notice, a grove is defined as a 

contiguous acreage of the same citrus 

crop. 

(b) Citrus producers will be 

reimbursed on a per-acre basis for each 

eligible grove. Payment will be based on 

the severity of destruction as 

determined by the paths of the storms 

and damage estimates developed by 

FSA in cooperation with the Florida 

Department of Agriculture. Estimates 

take into account levels of loss generally 

correlating to the distance from the eyes 

of the hurricanes, the average 

production loss, tree loss and 

rehabilitation and cleanup costs. The 

levels of damage that will determine 

payment rates are as follows: 

Tier I—75 percent or greater crop loss 

and associated tree damage. 

Tier II—50 to 74 percent crop loss and 

associated tree damage. 

Tier III—35 to 49 percent crop loss 

and associated tree damage. 

Tier IV—15 percent and greater 

associated tree damage only. 

A copy of the map showing the loss 

tiers for citrus is available on the FSA 

Disaster Assistance Web site at http://

disaster.fsa.usda.gov and at FSA Service 

Centers. Citrus producers who suffered 

citrus crop production losses and 

associated fruit-bearing tree damage, 

including related cleanup and 

rehabilitation costs, must provide to 

FSA a certified statement on an FSA 

approved form of the level of 

destruction, the number of acres in the 

disaster-affected grove, and the 

geographic location of the losses. 

(c) If the actual level of loss is greater 

than the tier associated with the 

location band for the grove, based upon 

documentation submitted by the 

producer to FSA, FSA may assign the 

grove to a lower tier which represents a 

greater level of loss and a higher 

payment rate. 

(d) If the actual level of loss is less 

than the tier associated with the 

location band for the grove, the 

producer shall certify to the lower loss 

level on the application and a lower 

payment rate will be used by FSA based 

upon the tier rate associated with the 

lower loss level. 

(e) Payments will be calculated by 

multiplying the number of net acres in 

each tier times the applicable payment 

rate, as determined by FSA, times the 

producer’s share of the loss. The 

number of net acres is determined by 

subtracting drainage ditches, canals, and 

other such land uses from the citrus 

acres planted in the grove. 

(f) The percentages of the payment for 

citrus crops that are subject to the 

payment limitation and AGI provisions 

are: 

Tier I—55 percent 

Tier II—60 percent 

Tier III—64 percent 

Tier IV—0 percent 

(g) The percentages of the payment for 

citrus crops that are not subject to the 

payment limitation and AGI provisions 

are: 

Tier I—45 percent 

Tier II—40 percent 

Tier III—36 percent 

Tier IV—100 percent 

V. Florida Nursery Disaster Program 

(a) Commercial ornamental nursery 

and fernery producers are eligible for 

assistance for inventory losses for each 

nursery or fernery operation and cleanup costs for nursery operations. For a 

nursery to be considered a commercial 

nursery, it must be certified by the State 

of Florida. Eligible producers include 

producers of the following types of 

nursery stock and such stock as 

announced by FSA: 

• Deciduous shrubs, broadleaf 

evergreens, coniferous evergreens, shade 

and flowering trees. 

• Stock for use as propagation in a 

commercial ornamental nursery 

operation. 

• Fruit or nut seedlings grown for sale 

as seed stock for commercial orchard 

operations growing fruit or nuts. 

(b) Eligible nursery inventory does not 

include: 

• Edible varieties. 

• Plants produced for reforestation 

purposes or for the purpose of 

producing a crop for which RMA does 

not provide insurance, or for which CCC 

does not provide assistance under the 

Non-insured Assistance Program (NAP). 

63136 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Notices 

(c) Losses will be determined on an 

individual-nursery basis. Production 

loss from one nursery will not be offset 

by production from another nursery 

operated by the same applicant. 

Payments are calculated by multiplying 

the difference between beginning and 

ending inventory value times 25 percent 

times the producer’s share of the loss. 

The payment for production loss is 

subject to the $80,000 payment 

limitation and AGI provisions. 

(d) Producers are also eligible for a 

payment of $250 per acre for debris 

removal and associated costs from 

hurricane damage if they can document 

that these costs were equal to or greater 

than $250 per acre. None of the payment 

for cleanup is subject to the payment 

limitation and AGI provisions. 

Producers must provide the inventory 

value before the hurricane and the 

inventory value after the hurricane. The 

value of the inventory is the producer’s 

wholesale price list, less the maximum 

customer discount they provide, not to 

exceed the prices in RMA’s ‘‘Eligible 

Plant List and Price Schedule.’’

VI. Florida Vegetable, Fruit and 

Tropical Fruit Disaster Program 

(a) Producers of vegetables, fruits and 

selected tropical fruit are eligible for 

assistance. Payments will be made on a 

per-acre basis, and are based on the type 

of planting application or method 

installed or completed on the date and 

time the hurricanes occurred in that 

area.

(b) Plasticulture refers to production 

practices where the soil has been 

covered with plastic mulch, fumigated, 

fertilized, and with an irrigation system 

installed. For plasticulture losses, 

producers must have a loss that is 50 

percent or greater of plastic or plant 

population, as applicable. Producers 

must also document that the necessary 

materials and procedures were followed 

to produce vegetables using any of the 

practices. Payments are calculated by 

multiplying the payment rate for each 

practice times the affected acres in the 

practice times the producer’s share of 

that crop. A portion of the payment that 

is associated with production losses is 

subject to the $80,000 payment 

limitation and AGI provisions. The 

payment associated with debris removal 

and associated costs from hurricane 

damage are not subject to payment 

limitation or AGI. Plasticulture includes 

the following practices: 

(1) Practice I—the producer laid down 

new plastic, fumigated the soil, put in 

transplants and had a loss or removal of 

more than 50 percent of the plastic per 

acre requiring the replacement of 

preplant inputs and plastic. 

(2) Practice II—the producer laid 

down new plastic, fumigated the soil, 

but did not put in transplants and had 

a loss or removal of more than 50 

percent of the plastic per acre requiring 

the replacement of preplant inputs and 

plastic; or the producer laid down new 

plastic with 50 percent or more loss in 

plant population and did not re-plant 

due to cultural or weather related 

limitations. 

(3) Practice III—the producer doublecropped with respect to the plastic and 

had a loss of greater than 50 percent of 

the plastic per acre; or the producer laid 

down new plastic with 50 percent or 

more loss in plant population and 

replanted. 

(c) Practice IV—The producer who 

plants conventional row crop fruits and 

vegetables must suffer a loss of 50 

percent or more of the plant population. 

Payments are calculated by multiplying 

the number of acres affected by the loss 

times the payment rate times the 

producer’s share of the crop. All 

payments are subject to the total 

payment limitation and AGI provisions. 

(d) Practice V—For tropical fruit 

producers, only those producers in Lee 

County or in Bands 1 or 2 designated 

under the Florida Citrus Program are 

eligible. Producers must have suffered a 

loss of 50 percent or more relative to 

their expected production, as defined in 

7 CFR part 1480.3. Payments are 

calculated by multiplying the number of 

acres affected by the payment rate times 

the producer’s share of the crop. The 

total payment is subject to the payment 

limitation and AGI provisions. 

VII. Payment Conditions for All 

Programs 

(a) Actual losses or costs for any 

program must equal or exceed the 

payment amount received for that 

program. 

(b) Payment rates will be 5 percent 

less for producers who did not obtain 

Federal Crop Insurance, which is 

available from the Risk Management 

Agency, or on coverage from CCC under 

NAP. 

(c) Eligible producers who elected not 

to purchase insurance on an insurable 

crop, or NAP coverage on an 

uninsurable crop for which benefits are 

received under any of these programs, 

must purchase for the next available 

coverage period: 

(1) Crop insurance at least at the 

catastrophic level on that crop, although 

producers who are required to purchase 

a citrus insurance policy may elect to 

purchase a fruit or tree policy; 

(2) NAP coverage for the next 

available coverage period by paying the 

administrative fee and filing all required 

paperwork by the applicable State filing 

deadline. 

(d) If a producer who is required to 

purchase crop insurance or NAP for the 

applicable year fails to do so, the 

producer must refund the disaster 

payment. 

VIII. Appeals 

Any person who is dissatisfied with a 

determination made with respect to 

these programs may make a request for 

reconsideration or appeal of such 

determination in accordance with the 

regulations set forth in 7 CFR parts 11 

and 780.

Signed in Washington, DC, on October 25, 

2004. 

James R. Little, 

Administrator, Farm Service Agency.

[FR Doc. 04–24290 Filed 10–28–04; 8:45 am] 

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Forest Service 

Northeast Yaak EIS; Kootenai National 

Forest, Lincoln County, Montana

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The Forest Service will 

prepare an Environmental Impact 

Statement (EIS) to disclose the 

environmental effects of urban interface 

fuels treatments, vegetation 

management, watershed rehabilitation 

activities, wildlife habitat improvement, 

and access management changes, 

including road decommissioning. The 

project is located in the Northeast Yaak 

planning subunit on the Three Rivers 

Ranger District, Kootenai National 

Forest, Lincoln County, Montana, and 

northeast of Troy, Montana.

DATES: Scoping Comment Date:

Comments concerning the scope of the 

analysis should be received by 

November 30, 2004.

ADDRESSES: Written comments and 

suggestions concerning the scope of the 

analysis should be sent to Michael L. 

Balboni, District Ranger, Three Rivers 

Ranger District, 1437 Hwy 2, Troy, MT 

59935.

FOR FURTHER INFORMATION CONTACT: Eric 

Dickinson, Team Leader, Three Rivers 

Ranger District, 1437 Hwy 2, Troy, MT 

59935. Phone: (406) 295–4693.

SUPPLEMENTARY INFORMATION: The 

project area is approximately 26 air 

miles northeast of Troy, Montana, 

within all or portions of T37N, R29W–

R32W, and T36N, R30N–R31W, Lincoln