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 horticultural 

practices 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 required 

documents 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. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

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

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES