Federal Register / Vol. 69, No. 159 / Friday, October 8, 2004 / Rules and Regulations 60309

PART 556—TOLERANCES FOR 

RESIDUES OF NEW ANIMAL DRUGS 

IN FOOD

■ 3. The authority citation for 21 CFR 

part 556 continues to read as follows:

Authority: 21 U.S.C. 342, 360b, 371.

■ 4. Section 556.286 is amended by 

revising the section heading; by revising 

paragraph (b); and by adding paragraph 

(c) to read as follows:

§ 556.286 Flunixin.

* * * * *

(b) Tolerances—(1) Cattle. The 

tolerance for flunixin free acid (the 

marker residue) is:

(i) Liver (the target tissue). 125 parts 

per billion (ppb).

(ii) Muscle. 25 ppb.

(iii) Milk. 2 ppb.

(2) [Reserved]

(c) Related conditions of use. See 

§ 522.970 of this chapter.

Dated: September 27, 2004.

Stephen D. Vaughn,

Office of New Animal Drug Evaluation, Center 

for Veterinary Medicine.

[FR Doc. 04–22606 Filed 10–7–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 151

[USCG–2002–14273] 

RIN 1625–AA52

Mandatory Ballast Water Management 

Program for U.S. Waters; Corrections

AGENCY: Coast Guard, DHS.

ACTION: Correcting amendments.

SUMMARY: The Coast Guard is correcting 

a final rule that appeared in the Federal 

Register of July 28, 2004 (69 FR 44952). 

The final rule requires mandatory 

ballast water management practices for 

all vessels equipped with ballast water 

tanks bound for ports or places within 

the U.S. or entering U.S. waters. These 

grammatical corrections clarify the final 

rule.

DATES: This correction is effective on 

July 28, 2004.

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

Bivan Patnaik, Project Manager, 

Environmental Standards Division, 

Coast Guard, telephone 202–267–1744, 

email: bpatnaik@comdt.uscg.mil. If you 

have questions on viewing the docket, 

call Ms. Andrea M. Jenkins, Program 

Manager, Docket Operations, telephone 

202–366–0271.

SUPPLEMENTARY INFORMATION: 

Need for Correction 

As published, the final rule contain 

errors which may prove to be 

misleading and therefore need to be 

clarified.

List of Subjects in 33 CFR Part 151

Administrative practice and 

procedure, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Water pollution control.

■ Accordingly, 33 CFR part 151 is 

corrected by making the following 

correcting amendments:

PART 151—VESSELS CARRYING OIL, 

NOXIOUS LIQUID SUBSTANCES, 

GARBAGE, MUNICIPAL OR 

COMMERCIAL WASTE, AND BALLAST 

WATER

Subpart D—Ballast Water Management 

for Control of Nonindigenous Species 

in Waters of the United States

■ 1. The authority citation for subpart D 

continues to read as follows:

Authority: 16 U.S.C. 4711; Department of 

Homeland Security Delegation No. 0170.1.

§ 151.2035 [Corrected]

■ 2. In § 151.2035(b)(2), add the word 

‘‘or’’ after the semicolon. In paragraph 

(b)(3), replace the semi-colon with a 

period.

Dated: September 28, 2004. 

Joseph J. Angelo, 

Director of Standards, Marine Safety, Security 

& Environmental Protection.

[FR Doc. 04–22721 Filed 10–7–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64

[Docket No. FEMA–7849] 

Suspension of Community Eligibility

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance 

Program(NFIP), that are suspended on 

the effective dates listed within this rule 

because of noncompliance with the 

floodplain management requirements of 

the program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will be withdrawn 

by publication in the Federal Register.

DATES: The effective date of each 

community’s suspension is the third 

date (‘‘Susp.’’) listed in the third column 

of the following tables.

ADDRESSES: If you wish to determine 

whether a particular community was 

suspended on the suspension date, 

contact the appropriate FEMA 

RegionalOffice or the NFIP servicing 

contractor.

FOR FURTHER INFORMATION CONTACT:

Mike Grimm, Mitigation Division, 500 C 

Street, SW.; Room 412, Washington, DC 

20472, (202) 646–2878.

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the 

National Flood Insurance Program, 42 

U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59 et seq. Accordingly, the communities 

will be suspended on the effective date 

in the third column. As of that date, 

flood insurance will no longer be 

available in the community. However, 

some of these communities may adopt 

and submit the required documentation 

of legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

their eligibility for the sale of insurance. 

A notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, the Federal Emergency 

Management Agency has identified the 

special flood hazard areas in these 

communities by publishing a Flood 

Insurance Rate Map (FIRM). The date of

60310 Federal Register / Vol. 69, No. 159 / Friday, October 8, 2004 / Rules and Regulations 

the FIRM if one has been published, is 

indicated in the fourth column of the 

table. No direct Federal financial 

assistance (except assistance pursuant to 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act not in 

connection with a flood) may legally be 

provided for construction or acquisition 

of buildings in the identified special 

flood hazard area of communities not 

participating in the NFIP and identified 

for more than a year, on the Federal 

Emergency Management Agency’s 

initial flood insurance map of the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds that notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because communities 

listed in this final rule have been 

adequately notified. 

Each community receives a 6-month, 

90-day, and 30-day notification 

addressed to the Chief Executive Officer 

that the community will be suspended 

unless the required floodplain 

management measures are met prior to 

the effective suspension date. Since 

these notifications have been made, this 

final rule may take effect within less 

than 30 days. 

National Environmental Policy Act.

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

they take remedial action. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.

Executive Order 12612, Federalism.

This rule involves no policies that have 

federalism implications under Executive 

Order 12612, Federalism, October 26, 

1987, 3 CFR, 1987 Comp.; p. 252. 

Executive Order 12778, Civil Justice 

Reform. This rule meets the applicable 

standards of section 2(b)(2) of Executive 

Order 12778, October 25, 1991, 56 FR 

55195, 3 CFR, 1991 Comp.; p. 309.

List of Subjects in 44 CFR Part 64

Flood insurance, Floodplains.

■ Accordingly, 44 CFR part 64 is 

amended as follows:

PART 64—[AMENDED]

■ 1. The authority citation for Part 64 

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376.

§ 64.6 [Amended]

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows:

State and location Community 

No. 

Effective date authorization/

cancellation of flood insurance in community 

Current effective 

map date 

Date Certain 

Federal assistance no longer 

available in special flood hazard 

areas 

Region IV

North Carolina: 

Camden County, Unincorporated Areas. 370042 May 14, 1974, Emerg. Dec. 4, 1985, Reg. 

Oct. 5, 2004, Susp.

Oct. 5, 2004 ...... Oct. 5, 2004. 

Hertford, Town of, Perquimans County 370188 Apr. 8, 1974, Emerg. July 3, 1985, Reg. 

Oct. 5, 2004, Susp.

......do ............... Do. 

Perquimans County, Unincorporated 

Areas.

370315 Oct. 21, 1981, Emerg. July 3, 1985, Reg. 

Oct. 5, 2004, Susp.

......do ............... Do. 

Winfall, Town of Perquimans County .... 370345 Nov. 5, 1992, Emerg. Nov. 5, 1992, Reg. 

Oct. 5, 2004, Susp.

......do ............... Do. 

* Do =Ditto. 

Code for reading third column: Emerg;—Emergency; Reg;—Regular; Susp.—Suspension. 

Federal Register / Vol. 69, No. 159 / Friday, October 8, 2004 / Rules and Regulations 60311

Dated: September 29, 2004. 

David I. Maurstad, 

Acting Mitigation Division Director, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–22679 Filed 10–7–04; 8:45 am] 

BILLING CODE 9110–12–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64

[CC Docket Nos. 04–53 and 02–278; FCC 

04–194] 

Rules and Regulations Implementing 

the Controlling the Assault of NonSolicited Pornography and Marketing 

Act of 2003; Rules and Regulations 

Implementing the Telephone 

Consumer Protection Act of 1991; 

Correction

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; correction.

SUMMARY: On September 16, 2004 (69 

FR 55765), the Commission published 

final rules in the Federal Register to 

implement the Controlling the Assault 

of Non-Solicited Pornography and 

Marketing Act of 2003 (CAN–SPAM 

Act). These rules apply to the sending 

of commercial messages to addresses 

referencing an Internet domain name 

associated with wireless subscriber 

messaging services. This document 

corrects the subpart heading and adds 

the authority citation for the 

Commission’s rules.

DATES: Effective October 8, 2004.

FOR FURTHER INFORMATION CONTACT:

Ruth Yodaiken, of the Consumer & 

Governmental Affairs Bureau at (202) 

418–2512 (voice), (202) 418–0416 

(TTY), or e-mail 

Ruth.Yodaiken@fcc.gov.

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

published a document amending part 64 

in the Federal Register on September 

16, 2004, (69 FR 55765). This document 

corrects the ‘‘Rule Changes’’ section of 

the Federal Register summary as it 

appeared. In rule FR Doc. 04–20901 

published on September 16, 2004 (69 FR 

55765) make the following corrections:

PART 64—[CORRECTED]

■ 1. On page 55779, in the second 

column, amendatory instruction no. 2, 

Subpart heading BB is corrected to read 

as follows:

Subpart BB—Restrictions on 

Unwanted Mobile Service Commercial 

Messages

■ 2. On page 55779, in the second 

column the authority citation for Subpart 

BB is added to read as follows:

Authority: 15 U.S.C. 7701–7713, Public 

Law 108–187, 117 Stat. 2699.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–22495 Filed 10–7–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64

[CG Docket No. 02–278; FCC 04–204] 

Rules and Regulations Implementing 

the Telephone Consumer Protection 

Act of 1991

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: This document amends the 

rules implementing the Telephone 

Consumer Protection Act (TCPA) to 

establish a limited safe harbor period 

from the prohibition on placing 

autodialed or prerecorded message calls 

to wireless numbers that have been 

recently ported from wireline to 

wireless service. This document also 

amends our existing safe harbor rules 

for the national do-not-call registry so 

that telemarketers are required to access 

the do-not-call list no more than 31 days 

prior to making a telemarketing call.

DATES: Effective November 8, 2004, 

except the amendment to 47 CFR 

64.1200(c)(2)(i)(D) of the Commission’s 

rules, which contains information 

collection requirements under the 

Paperwork Reduction Act (PRA) that are 

not effective until approved by the 

Office of Management and Budget. 

Written comments by the public on the 

new or modified information collections 

are due November 8, 2004. The 

Commission will publish a document in 

the Federal Register announcing the 

effective date for that section.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. In addition to 

filing comments with the Office of the 

Secretary, a copy of any comments on 

the Paperwork Reduction Act (PRA) 

information collection requirements 

contained herein should be submitted to 

Leslie Smith, Federal Communications 

Commission, Room 1–A804, 445 12th 

Street, SW., Washington, DC 20554, or 

via the Internet to Leslie.Smith@fcc.gov,

and to Kristy L. LaLonde, OMB Desk 

Officer, Room 10234 NEOB, 725 17th 

Street, NW., Washington, DC 20503 or 

via the Internet to 

Kristy_L._LaLonde@omb.eop.gov or by 

fax to 202–395–5167.

FOR FURTHER INFORMATION CONTACT:

Erica McMahon or Richard Smith, 

Consumer Policy Division, Consumer & 

Governmental Affairs Bureau, (202) 

418–2512. For additional information 

concerning the PRA information 

collection requirements contained in 

this document, contact Les Smith at 

202–418–0217 or via the Internet at 

Leslie.Smith@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order,

CG Docket No. 02–278, FCC 04–204, 

adopted August 25, 2004, and released 

September 21, 2004. The Order contains 

new or modified information collection 

requirements subject to the PRA of 

1995, Public Law 104–13. These will be 

submitted to the Office of Management 

and Budget (OMB) for review under 

section 3507(d) of the PRA. OMB, the 

general public, and other Federal 

agencies are invited to comment on the 

new or modified information collection 

requirements contained in this 

proceeding. The Order addresses issues 

arising from Rules and Regulations 

Implementing the Telephone Consumer 

Protection Act of 1991, Further Notice of 

Proposed Rulemaking, (2004 TCPA 

Further Notice), CG Docket No. 02–278, 

FCC 04–52, 19 FCC Rcd 5056, March 19, 

2004; published at 69 FR 16873, March 

31, 2004. Copies of any subsequently 

filed documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, Room CY–A257, 445 

12th Street, SW., Washington, DC 

20054. The complete text of this 

decision may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc. (BCPI), 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554. 

Customers may contact BCPI, Inc. at its 

Web site: http://www.bcpiweb.com or 

call 1–800–378–3160. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). The Order can 

also be downloaded in Word and 

Portable Document Format (PDF) at 

http://www.fcc.gov/cgb/policy.