75044 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 

SUMMARY: The purpose of this notice is 

to notify all interested parties that the 

Agricultural Marketing Service (AMS) 

will hold a Fruit and Vegetable Industry 

Advisory Committee (Committee) 

meeting that is open to the public. The 

U.S. Department of Agriculture (USDA) 

established the Committee to examine 

the full spectrum of issues faced by the 

fruit and vegetable industry and to 

provide suggestions and ideas to the 

Secretary of Agriculture on how USDA 

can tailor its programs to meet the fruit 

and vegetable industry’s needs. This 

notice sets forth the schedule and 

location for the meeting.

DATES: Tuesday, January 11, 2005, from 

8 a.m. to 1 p.m., and Wednesday, 

January 12, 2005, from 8 a.m. to 2 p.m. 

As part of the meeting, Committee 

members will tour the National Training 

and Development Center on Tuesday, 

January 11, 2005, from 2 p.m. to 4 p.m.

ADDRESSES: The Committee meeting 

will be held at the Hilton Hotel, 1767 

King Street, Alexandria, VA. The tour of 

the National Training and Development 

Center will take place at 100 Riverside 

Parkway, Suite 101, Fredericksburg, VA.

FOR FURTHER INFORMATION CONTACT:

Andrew Hatch, Designated Federal 

Official, USDA, AMS, Fruit and 

Vegetable Programs. Telephone: (202) 

690–0182. Facsimile: (202) 720–0016. Email: andrew.hatch@usda.gov.

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act 

(FACA) (5 U.S.C. App. II), the Secretary 

of Agriculture established the 

Committee in August 2001 to examine 

the full spectrum of issues faced by the 

fruit and vegetable industry and to 

provide suggestions and ideas to the 

Secretary on how USDA can tailor its 

programs to meet the fruit and vegetable 

industry’s needs. The Committee was 

re-chartered in July 2003 and new 

members were appointed from industry 

nominations. 

AMS Deputy Administrator for Fruit 

and Vegetable Programs, Robert C. 

Keeney, serves as the Committee’s 

Executive Secretary. Representatives 

from USDA mission areas and other 

government agencies affecting the fruit 

and vegetable industry will be called 

upon to participate in the Committee’s 

meetings as determined by the 

Committee Chairperson. AMS is giving 

notice of the Committee meeting to the 

public so that they may attend and 

present their recommendations. 

Reference the date and address section 

of this announcement for the time and 

place of the meeting. 

Topics to be discussed include: 

Perishable Agricultural Commodities 

Act branch reorganization status and 

transportation issues, crop insurance, 

the Regulatory Flexibility Act, the 

school lunch procurement study, Fruit 

and Vegetable Dispute Resolution 

Corporation overview, and ways that 

USDA programs can encourage 

increased consumption of fruits and 

vegetables. Those parties that would 

like to speak at the meeting should 

register on or before January 5, 2005. To 

register as a speaker, please e-mail your 

name, affiliation, business address, email address, and phone number to Mr. 

Andrew C. Hatch at: 

andrew.hatch@usda.gov or facsimile to 

(202) 720–0016. Speakers who have 

registered in advance will be given 

priority. Groups and individuals may 

submit comments for the Committee’s 

consideration to the same e-mail 

address. The meeting will be recorded, 

and information about obtaining a 

transcript will be provided at the 

meeting. 

The Secretary of Agriculture selected 

a diverse group of members representing 

a broad spectrum of persons interested 

in providing suggestions and ideas on 

how USDA can tailor its programs to 

meet the fruit and vegetable industry’s 

needs. Equal opportunity practices were 

considered in all appointments to the 

Committee in accordance with USDA 

policies. 

If you require special 

accommodations, such as a sign 

language interpreter, please use either 

contact name listed above.

Dated: December 10, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–27427 Filed 12–14–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF COMMERCE

International Trade Administration 

North American Free-Trade Agreement 

(NAFTA), Article 1904 NAFTA Panel 

Reviews; Decision of the Committee

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce.

ACTION: Notice of corrected decision of 

Extraordinary Challenge Committee. 

SUMMARY: On October 7, 2004 the 

Extraordinary Challenge Committee 

(ECC) issued its decision in the matter 

of Pure Magnesium from Canada, 

Secretariat File No. ECC–2003–1904–

01USA. On November 12, 2004, the 

Extraordinary Challenge Committee 

issued a correction to their decision. 

The corrections do not alter the 

substance of the opinion.

FOR FURTHER INFORMATION CONTACT:

Caratina L. Alston, United States 

Secretary, NAFTA Secretariat, Suite 

2061, 14th and Constitution Avenue, 

Washington, DC 20230, (202) 482–5438. 

Committee Decision: The Committee 

concluded that the panel manifestly 

exceeded its powers by failing to apply 

the correct standard of review; such 

action materially affected the Panel’s 

decision, but; that the Panel’s action did 

not threaten the integrity of the 

binational panel review process. 

Accordingly the challenge was 

dismissed and by virtue of section 3 of 

NAFTA Annex 1904.13 the challenged 

panel decision stands affirmed. The 

Committee, however, discovered some 

minor errors in the decision and has 

provided a corrected version. Copies of 

the corrected decision are available from 

the NAFTA Secretariat.

Dated: December 7, 2004. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat.

[FR Doc. E4–3673 Filed 12–14–04; 8:45 am] 

BILLING CODE 3510–GT–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

Federal Consistency Appeal by Pedro 

Vidal From an Objection by the Puerto 

Rico Planning Board

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (Commerce).

ACTION: Notice of closure—

administrative appeal decision record. 

SUMMARY: This announcement provides 

notice that the decision record has been 

closed for an administrative appeal filed 

with the Department of Commerce by 

Pedro Vidal.

DATES: The decision record for the 

Pedro Vidal administrative appeal will 

close as of the date of publication of this 

notice.

ADDRESSES: Materials from the appeal 

record are available at the Office of the 

Assistant General Counsel for Ocean 

Services, National Oceanic and 

Atmospheric Administration, U.S. 

Department of Commerce, 1305 EastWest Highway, Silver Spring, MD 

20910.

FOR FURTHER INFORMATION CONTACT:

Nancy Briscoe, Attorney-Adviser, 

NOAA Office of the General Counsel, 

301–713–1219.

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 75045

SUPPLEMENTARY INFORMATION: Pedro 

Vidal (Appellant) has filed a notice of 

appeal with the Secretary of Commerce 

(Secretary) pursuant to section 

307(c)(3)(A) of the Coastal Zone 

Management Act of 1972 (CZMA), as 

amended, 16 U.S.C. 1456(c)(3)(A), and 

implementing regulations found at 15 

CFR part 930, subpart H. Mr. Vidal 

appeals on objection raised by the 

Puerto Rico Planning Board to a 

consistency certification contained 

within Vidal’s application for a U.S. 

Army Corps of Engineers permit 

necessary to reconstruct a stilt house 

destroyed by Hurricane George. The 

proposed project is located within the 

maritime-terrestrial zone, territorial 

waters and submerged lands of the 

Commonwealth of Puerto Rico. 

The CZMA requires a notice be 

published in the Federal Register, 

indicating the date on which the 

decision record has been closed. A final 

decision on this appeal must be issued 

no later than 90 days after publication 

of this notice. 16 U.S.C. 1465(a). The 

deadline may be extended by 

publishing, within the 90-day period, a 

subsequent notice explaining why a 

decision cannot be issued within this 

time frame. In this event, a final 

decision must be issued no later than 45 

days after publication of the subsequent 

notice. 16 U.S.C. 1465(b). 

For additional information about this 

appeal contact Nancy Briscoe, 301–713–

1219.

[Federal Domestic Assistance Catalog No. 

11.419 Coastal Zone Management Program 

Assistance.]

Dated: December 6, 2004. 

James R. Walpole, 

General Counsel.

[FR Doc. 04–27415 Filed 12–14–04; 8:45 am] 

BILLING CODE 3510–08–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

DEPARTMENT OF THE INTERIOR

U.S. Fish and Wildlife Service

[I.D. 100104A]

Notice of Intent to Conduct Public 

Scoping and Prepare an Environmental 

Impact Statement

AGENCIES: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce; U.S. Fish and Wildlife 

Service (USFWS), Interior.

ACTION: Notice of intent to conduct 

public scoping and prepare an 

Environmental Impact Statment related 

to the Sequim-Dungeness Valley 

Agricultural Water Users Association’s 

Conservation Plan.

SUMMARY: Pursuant to the National 

Environmental Policy Act (NEPA) this 

notice advises the public that the 

USFWS and NMFS (collectively, the 

Services) intend to gather information 

necessary to prepare an Environmental 

Impact Statement (EIS). The EIS will 

analyze the potential approval of a 

Conservation Plan (CP) and issuance of 

two incidental take permits (ITP); one 

issued by NFMS and one by the 

USFWS. The ITP applicant is the 

Sequim-Dungeness Valley Agricultural 

Water Users Association (the 

Association) of Sequim, Washington. 

The ITP would allow take of four 

threatened species and nine unlisted 

species that may be affected by the 

Association’s activities in accordance 

with section 10(a) of the Endangered 

Species Act of 1973, as amended (ESA).

DATES: Written comments are 

encouraged, and should be received on 

or before February 14, 2005.

ADDRESSES: Address comments and 

requests for information related to 

preparation of the EIS, or requests to be 

added to the mailing list for this project, 

to Tim Romanski, USFWS, 510 

Desmond Drive S.E., Suite 102, Lacey, 

WA 98503–1263; facsimile (360)753–

9518; or to Matt Longenbaugh, NMFS, 

510 Desmond Drive S.E., Suite 103, 

Lacey, WA 98503–1273; facsimile 

(360)753–9517. Comments may be 

submitted by e-mail to the following 

address: SDVAWUA-CP.nwr@noaa.gov. 

In the subject line of the e-mail, include 

the document identifier: The Sequim 

Association CP - EIS. Comments and 

materials received will be available to 

public inspection, by appointment, 

during normal business hours at the 

above addresses.

FOR FURTHER INFORMATION CONTACT: Tim 

Romanski, USFWS, (360)753–5823; or 

Matt Longenbaugh, NMFS, (360)753–

7761.

SUPPLEMENTARY INFORMATION:

Background

The National Environmental Policy 

Act (NEPA) requires Federal agencies to 

conduct an environmental analysis of 

their proposed actions to determine if 

the actions may affect the human 

environment. The Services expect to 

take action on ESA section 10(a)(1)(B) 

permit applications anticipated from the 

Association. Therefore, the Services are 

seeking public input on the scope of the 

required NEPA analysis, including the 

range of reasonable alternatives and 

associated impacts of any alternatives.

Section 9 of the ESA and 

implementing regulations prohibit the 

‘‘taking’’ of a species listed as 

endangered or threatened. The term take 

is defined under the ESA as to mean 

harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

attempt to engage in any such conduct 

(16 U.S.C. 1532(19)). Harm is defined by 

the USFWS to include significant 

habitat modification or degradation 

where it actually kills or injures wildlife 

by significantly impairing essential 

behavioral patterns, including breeding, 

feeding, and sheltering (50 CFR 17.3). 

NMFS’ definition of harm includes 

significant habitat modification or 

degradation where it actually kills or 

injures fish or wildlife by significantly 

impairing essential behavioral patterns, 

including breeding, feeding, spawning, 

migrating, rearing, and sheltering (64 FR 

60727; November 8, 1999).

Section 10 of the ESA contains 

provisions for the issuance of an ITP to 

non-Federal landowners for the take of 

endangered and threatened species, 

provided that all permit issuance 

criteria are met, including the 

requirement that the take is incidental 

to otherwise lawful activities, and will 

not appreciably reduce the likelihood of 

the survival and recovery of the species 

in the wild. In addition, the applicant 

must prepare and submit to the Services 

for approval, a CP containing a strategy 

for minimizing and mitigating the take 

associated with the proposed activities 

to the maximum extent practicable. The 

applicant must also ensure that 

adequate monitoring and funding for the 

CP will be provided.

To pursue regulatory certainty of its 

existing and future water supplies, the 

Association is seeking an ITP that 

would provide long-term assurances for 

the reliability of water supplies. The 

Association needs an ITP because some 

of its activities have the potential to take 

listed species. The Association is 

composed of seven irrigation districts 

and private irrigation companies in the 

Sequim-Dungeness Valley area. The 

seven irrigation districts include Agnew 

Irrigation District, Clallam Ditch 

Company, Cline Irrigation District, 

Dungeness Irrigation Company, 

Dungeness Irrigation District, Highland 

Irrigation District, and Sequim-Prairie 

Tri-Irrigation Company. These seven 

irrigation districts divert water 

primarily from intakes in the Dungeness 

River and deliver water to users 

throughout the area.

The ITP application is related to the 

operation and maintenance of water