### 25110 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations

relevant information in making its determination; and

(4) Must verify actual costs to complete the practices, as documented by the producer.

**§ 760.506 Payment calculations.**

(a) Payment to an eligible orchardist or nursery tree grower for the cost of replanting or rehabilitating trees, bushes, or vines damaged or lost due to a natural disaster, in excess of 15 percent damage or mortality (adjusted for normal damage or mortality), will be calculated as follows:

(1) For the cost of planting seedlings or cuttings, to replace lost trees, bushes, or vines, the lesser of:

(i) 70 percent of the actual cost of the practice, or

(ii) The amount calculated using rates established by the Deputy Administrator for the practice.

(2) For the cost of pruning, removal, and other costs incurred for salvaging damaged trees, bushes, or vines, or in the case of mortality, to prepare the land to replant trees, bushes, or vines, the lesser of:

(i) 50 percent of the actual cost of the practice, or

(ii) The amount calculated using rates established by the Deputy Administrator for the practice.

(b) An orchardist or nursery tree grower that did not plant the trees, bushes, or vines, but has a production history for commercial purposes on planted or existing trees and lost the trees, bushes, or vines as a result of a natural disaster, in excess of 15 percent damage or mortality (adjusted for normal damage or mortality), will be eligible for the salvage, pruning, and land preparation payment calculation as specified in paragraph (a)(2) of this section. To be eligible for the replanting payment calculation as specified in paragraph (a)(1) of this section, the orchardist or nursery grower who did not plant the stock must be a new owner who meets all of the requirements of § 760.504(b) or be considered the owner of the trees under provisions appearing elsewhere in this subpart.

(c) Eligible costs for payment calculation include costs for:

(1) Seedlings or cuttings, for tree, bush, or vine replanting;

(2) Site preparation and debris handling within normal horticulturalpractices for the type of stand being reestablished, and necessary to ensure successful plant survival;

(3) Pruning, removal, and other costs incurred to salvage damaged trees, bushes, or vines, or, in the case of tree mortality, to prepare the land to replant trees, bushes, or vines; (4) Chemicals and nutrients necessary for successful establishment;

(5) Labor to plant seedlings or cuttings as determined reasonable by the county committee; and

(6) Labor used to transplant existing seedlings established through natural regeneration into a productive tree stand.

(d) The following costs are not eligible:

(1) Costs for fencing, irrigation, irrigation equipment, protection of seedlings from wildlife, general improvements, re-establishing structures, and windscreens.

(2) Any other costs not listed in paragraphs (c)(1) through (c)(6) of this section, unless specifically determined eligible by the Deputy Administrator.

(e) Producers must provide the county committee documentation of actual costs to complete the practices, such as receipts for labor costs, equipment rental, and purchases of seedlings or cuttings.

(f) When lost stands are replanted, the types planted may be different from those originally planted. The alternative types will be eligible for payment if the new types have the same general end use, as determined and approved by the county committee. Payments for alternative types will be based on the lesser of rates established to plant the types actually lost or the cost to establish the alternative used. If the type of plantings, seedlings, or cuttings differs significantly from the types lost, the costs may not be approved for payment.

(g) When lost stands are replanted, the types planted may be planted on the same farm in a different location than the lost stand. To be eligible for payment, site preparation costs for the new location must not exceed the cost to re-establish the original stand in the original location.

(h) Eligible orchardists or nursery tree growers may elect not to replant the entire eligible stand. If so, the county committee will calculate payment based on the number of qualifying trees, bushes, or vines actually replanted.

(i) If a practice, such as site preparation, is needed to both replant and rehabilitate trees, bushes, or vines, the producer must document the expenses attributable to replanting versus rehabilitation. The county committee will determine whether the documentation of expenses detailing the amounts attributable to replanting versus rehabilitation is acceptable. In the event that the county committee determines the documentation does not include acceptable detail of cost allocation, the county committee will pro-rate payment based on physical inspection of the loss, damage, replanting, and rehabilitation.

(j) The cumulative total quantity of acres planted to trees, bushes, or vines for which a producer may receive payment under this part for losses that occurred between January 1, 2008, and September 30, 2011, will not exceed 500

acres.
**§ 760.507 Obligations of a participant.**

(a) Eligible orchardists and nursery tree growers must execute all requireddocuments and complete the TAPfunded practice within 12 months of application approval.

(b) Eligible orchardist or nursery tree growers must allow representatives of FSA to visit the site for the purposes of certifying compliance with TAP requirements.

(c) Producers who do not meet all applicable requirements and obligations will not be eligible for payment.

**PART 783—[REMOVED]**

■ 3. Under the authority of 7 U.S.C.
8201 et seq., 7 CFR part 783 is removed.

**PART 1416—2006 EMERGENCY AGRICULTURAL DISASTER**  **ASSISTANCE PROGRAMS**

■ 4. The authority citation of part 1416 continues to read as follows:

Authority: Title III, Pub. L. 109–234, 120 Stat. 474; 16 U.S.C. 3801, note.

**Subpart H—[Removed]**

■ 5. Subpart H, consisting of §§ 1416.700 through 1416.705, is removed.

Signed in Washington, DC, on May 3, 2010. Jonathan W. Coppess, Administrator, Farm Service Agency, and Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2010–10800 Filed 5–6–10; 8:45 am]

**BILLING CODE 3410–05–P**

**DEPARTMENT OF JUSTICE**

**Bureau of Prisons**

**28 CFR Part 540**

**[BOP–1149]**

**RIN 1120–AB49**

**Inmate Communication With News Media: Removal of Byline Regulations** 

**AGENCY :**  Bureau of Prisons, Justice Department.

**ACTION :**  Interim final rule; technical correction.


### 25111 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations

**SUMMARY :**  This document corrects the

**DATES** section of an interim final rule published on Friday, April 23, 2010. In the interim rule, the Bureau of Prisons (Bureau) revised its regulations regarding inmate contact with the community to remove two current Bureau regulations that prohibit inmates from publishing under a byline, due to a recent court ruling invalidating Bureau regulation language containing this prohibition. The April 23, 2010, publication inadvertently omitted an effective date.

**DATES :**  The interim final rule published April 23, 2010, at 75 FR 21163, is effective May 7, 2010. Comments are due by June 22nd, 2010.

**ADDRESSES :**  Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC

20534.

**FOR FURTHER INFORMATION CONTACT :**  Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202)

307–2105.

**SUPPLEMENTARY INFORMATION :**  This document corrects the **DATES** section of the publication on Friday, April 23, 2010 (75 FR 21163). The **DATES** section of that document should read as follows: ‘‘This rule is effective on [insert date of publication]. Comments are due by June 22nd, 2010. ’’ However, because that document did not include an effective date, this document announces the effective date of those provisions.
List of Subjects in 28 CFR Part 540

Prisoners.

Harley G. Lappin, Director, Bureau of Prisons.
[FR Doc. 2010–10727 Filed 5–6–10; 8:45 am]

**BILLING CODE 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; Correction** 

Correction

In rule document 2010–4666 beginning on page 10413 in the issue of Monday, March 8, 2010 make the following correction: **§706.2 [Corrected]** On page 10413, in §706.2, in the table, under the heading ‘‘Number’’

, ‘‘ CG 59 ’’ should read ‘‘ CG 58 ’’

. [FR Doc. C1–2010–4666 Filed 5–6–10; 8:45 am]

**BILLING CODE 1505–01–D**

**DEPARTMENT OF HOMELAND SECURITY** 

**Coast Guard**

**33 CFR Part 165**

**[Docket No. USCG–2010–0162]**

**RIN 1625–AA00**

**Safety Zone; KFOG Kaboom, Fireworks Display, San Francisco, CA** 

**AGENCY :**  Coast Guard, DHS.

**ACTION :**  Temporary final rule.

**SUMMARY :**  The Coast Guard is establishing a temporary safety zone in the navigable waters in San Francisco Bay in San Francisco, CA, in support of the KFOG Kaboom Fireworks Display. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or his designated representative.

**DATES :**  This rule is effective from 7:45 a.m. on May 20, 2010, through 9:30 p.m. on May 22, 2010.

**ADDRESSES :**  Documents indicated in this preamble as being available in the docket are part of docket USCG–2010– 0162 and are available online by going
to http://www.regulations.gov, inserting USCG–2010–0162 in the ‘‘Keyword’’ box, pressing Enter, and then clicking

‘‘ Search. ’’ They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions on this temporary rule, call Ensign Liezl Nicholas at 415– 399–7442, or e-mail D11–PF– MarineEvents@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–
9826.

**SUPPLEMENTARY INFORMATION :**  Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are

‘‘ impracticable, unnecessary, or contrary to the public interest. ’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists, as publishing a notice of proposed rulemaking (NPRM) with respect to this rule would be impracticable because the event would occur before the rulemaking process would be completed. Because of the dangers posed by the pyrotechnics used in these fireworks displays, the safety zones are necessary to provide for the safety of event participants, spectators, spectator craft, and other vessels transiting the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in the effective date of this rule would expose mariners to the dangers posed by the pyrotechnics used in the fireworks display. Basis and Purpose

The radio station KFOG will sponsor the KFOG Kaboom Fireworks Display on May 22, 2010, on the navigable waters of San Francisco Bay, CA. The fireworks display is meant for entertainment purposes. This safety zone establishes a temporary restricted area on the waters surrounding the fireworks launch site during loading of the pyrotechnics, and during the fireworks displays. This restricted area around the launch site is necessary to protect spectators, vessels, and other property from the hazards associated with the pyrotechnics on the fireworks barges. The Coast Guard has granted the event sponsor a marine event permit for the fireworks displays.

Discussion of Rule

From 7:45 a.m. on May 20, 2010, during the set up of the fireworks and until the start of the fireworks displays, the temporary safety zone applies to the navigable waters around the fireworks sites within a radius of 100 feet. From 9 p.m. until 9:30 p.m., the area to which the temporary safety zone applies will increase in size to encompass the