70378 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

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 

sale of flood insurance in community 

Current effective

map date 

Date certain 

Federal assistance no longer 

available in special flood hazard 

areas 

Region I

Maine: Kenduskeag, Town of, Penobscot 

County 

230108 March 15, 1976, Emerg; September 18, 

1985, Reg; December 2, 2004, Susp.

9/18/1985 ......... 12/02/2004. 

Region IV

Alabama: Randolph County, Unincorporated 

Areas 

010182 November 5, 2003, Emerg; November 5, 

2003, Reg; December 2, 2004, Susp.

......do ............... do. 

Roanoke, City of, Randolph County ...... 010348 May 3, 1995, Emerg; May 3, 1995, Reg; 

December 2, 2004, Susp.

......do ............... do. 

Wadley, Town of, Randolph County ..... 010183 July 15, 1975, Emerg; August 19, 1985, 

Reg; December 2, 2004, Susp.

......do ............... do 

Wedowee, Town of, Randolph County 010401 October 29, 1998, Emerg; October 29, 

1998, Reg; December 2, 2004, Susp.

......do ............... do. 

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

David I. Maurstad, 

Acting Mitigation Division Director, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–26695 Filed 12–3–04; 8:45 am] 

BILLING CODE 9110–12–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 27, 74, 90, and 101 

[DA 04–2591; WT Docket No. 01–319; FCC 

04–23] 

Practice and Procedure, Miscellaneous 

Wireless Communications Services, 

Experimental Radio, Auxiliary, Special 

Broadcast and Other Program 

Distributional Services, Private Land 

Mobile Radio Services, Fixed 

Microwave Services

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications 

Commission published in the Federal 

Register of April 6, 2004, (69 FR 17946), 

a document in the Quiet Zones 

proceeding, WT Docket No. 01–319, 

which incorrectly indicated in its DATES

section that 47 CFR 1.924(a)(2) and 

1.924(d)(2) contained information 

collection modifications that have not 

been approved by the Office of 

Management Budget (OMB). This 

document corrects the DATES section of 

the April 6, 2004 document as set forth 

below.

DATES: Effective June 7, 2004.

FOR FURTHER INFORMATION CONTACT:

Linda C. Chang, Federal 

Communications Commission, Wireless 

Telecommunications Bureau, 445 12th 

St., Washington, DC 20554, (202) 418–

0620.

SUPPLEMENTARY INFORMATION: 

Background 

The FCC published a document in the 

Federal Register of April 6, 2004, (69 FR 

17946) regarding the adoption of 

changes to rules relating to areas known 

as ‘‘Quiet Zones.’’ In FR Doc. 04–7799, 

the document provided that the 

effective date of the document was June 

7, 2004, except for 47 CFR 1.924(a)(2) 

and 1.924(d)(2) which were incorrectly 

identified as containing a new or 

modified information collection that 

required approval by OMB prior to 

becoming effective. Because 47 CFR 

1.924(a)(2) and 1.924(d)(2) are not in 

fact subject to approval by OMB, the 

effective date of the April 6, 2004 

document became effective, in its 

entirety, on June 7, 2004. This 

document corrects the document 

published in the Federal Register of 

April 6, 2004 (69 FR 17946) and 

September 23, 2004 (69 FR 56956) in the 

Quiet Zones proceeding, WT Docket No. 

01–319 by correcting the DATES section.

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70379

Federal Communications Commission.

Linda C. Chang, 

Associate Division Chief, Mobility Division.

[FR Doc. 04–26742 Filed 12–3–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 14 

RIN 1018–AT59 

Conferring Designated Port Status on 

Houston, TX; Louisville, KY; and 

Memphis, TN

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Final rule.

SUMMARY: We, the U.S. Fish and 

Wildlife Service, make Houston, Texas; 

Louisville, Kentucky; and Memphis, 

Tennessee, designated ports under 

section 9(f) of the Endangered Species 

Act of 1973 (ESA). This action will 

allow the direct importation and 

exportation of wildlife and wildlife 

products through these growing 

international ports. We are changing the 

regulations in 50 CFR part 14 to reflect 

this designation.

DATES: This rule is effective January 5, 

2005.

ADDRESSES: Comments and materials 

received, as well as supporting 

documentation used in the preparation 

of this final rule, are available for public 

inspection, by appointment, during 

regular business hours at the Branch of 

Investigations, U.S. Fish and Wildlife 

Service, Office of Law Enforcement, 

4501 North Fairfax Drive, Suite 3000, 

Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT:

Gregory Jackson, Special Agent in 

Charge, Branch of Investigations, U.S. 

Fish and Wildlife Service, Office of Law 

Enforcement, at (703) 358–1949.

SUPPLEMENTARY INFORMATION: 

Background 

The ESA requires that all fish and 

wildlife, with only limited exceptions, 

be imported and exported through 

designated ports. Designated ports 

facilitate U.S. efforts to monitor wildlife 

trade and enforce wildlife protection 

laws and regulations by funneling 

wildlife shipments through a limited 

number of locations. The Secretary of 

the Interior, with the approval of the 

Secretary of the Department of 

Homeland Security, designates ports for 

wildlife trade by regulation after 

holding a public hearing and collecting 

and considering public comments. 

Public hearings were conducted in 

Houston on June 10, 2004, in Memphis 

on July 1, 2004, and in Louisville on 

July 8, 2004. We published a proposed 

rule to designate the ports of Houston, 

Louisville, and Memphis, with a 30-day 

comment period, on April 22, 2004 (69 

FR 21806). 

The Service selects designated ports 

based upon numerous criteria, such as 

volume of wildlife shipments, 

geographic diversity, frequency of 

requests for designated port exception 

permits, and the proximity to existing 

ports of entry. The Service presently has 

14 designated ports of entry for the 

importation and exportation of wildlife 

and wildlife products: Anchorage, 

Alaska; Atlanta, Georgia; Baltimore, 

Maryland; Boston, Massachusetts; 

Chicago, Illinois; Dallas/Fort Worth, 

Texas; Honolulu, Hawaii; Los Angeles, 

California; Miami, Florida; New 

Orleans, Louisiana; New York, New 

York; Portland, Oregon; San Francisco, 

California; and Seattle, Washington. The 

Service maintains a staff of wildlife 

inspectors at each designated port to 

inspect and clear wildlife shipments. 

Regulatory exceptions allow certain 

types of wildlife shipments to enter or 

leave the country through ports that are 

not designated. Under certain 

conditions, importers and exporters can 

obtain a permit from the Service, called 

a designated port exception permit, that 

allows their use of non-designated ports. 

The importer or exporter will be 

responsible for additional fees 

associated with the designated port 

exception permit ($25) and the 

inspection of their wildlife shipment at 

a non-designated port. 

Need for This Rulemaking 

Existing and projected increases in air 

and express cargo, along with 

substantial growth in the number of 

airline passengers, international visitors, 

and hunters seeking clearance of 

wildlife imports and exports, justify the 

designation of the ports of Houston, 

Louisville, and Memphis. The 

designation of these ports will improve 

service, while reducing costs, for 

international air and ocean cargo and 

mail carriers, small businesses, and the 

public, while maintaining effective 

monitoring and regulation of the U.S. 

wildlife trade. 

In the Fiscal Year 2004 budget 

appropriation for the Service’s Office of 

Law Enforcement, monies were 

appropriated by Congress in the amount 

of $700,000 each for the purpose of 

establishing the designated ports of 

Louisville and Memphis. The Service 

has not received an appropriation from 

Congress to designate the port of 

Houston. However, the designation of 

Houston has been under discussion for 

some time. At present, the Service has 

three wildlife inspectors on duty in 

Houston, which fulfills the staffing 

requirement that the Service has 

established for a designated port in 

funding and staffing models. Therefore, 

the designation of Houston would 

amount to changing the status of an 

existing Service port and would not 

require start-up costs as would be the 

case in Louisville and Memphis.

Houston is one of the fastest growing 

ports of entry in the nation in both 

international airfreight and shipping. 

The three airports comprising the 

Houston Airport System handled 

42,016,609 passengers and 330,701 tons 

of cargo in 2002. International air cargo 

tonnage at George Bush Intercontinental 

increased by more than 62 percent in 

the past 10 years with a 10 percent per 

year increase in the past 5 years. 

Houston is the primary air cargo 

gateway to and from Mexico, and the 

Houston sea port handles 81 steamship 

lines with 6,414 vessel calls, hauling 

175,000,000 tons of cargo between 

Houston and 200 countries worldwide 

in 2002. The Port of Houston ranks first 

in the United States in tonnage 

imported, and third in tonnage 

exported. Houston also has an extensive 

designated Foreign Trade Zone. 

Service records indicate that a wide 

variety of wildlife and wildlife products 

are imported and exported through 

Houston under designated port 

exception permits. These wildlife and 

wildlife products include game 

trophies, reptile leather goods, scientific 

and museum specimens, live tropical 

fish, and curios. The number of 

designated port exception permits 

issued for the port of Houston suggests 

that demand for the use of this port is 

high. In addition, the number of import/

export licenses issued to companies in 

the State of Texas has nearly doubled 

since 2001. Doubtless, many of these 

companies are doing business in or near 

the Houston area and will benefit from 

the designation of this port. 

Before this designation, the 

designated ports of entry for wildlife 

and wildlife products nearest to 

Houston were Dallas/Fort Worth, Texas 

(approximately 239 miles), and New 

Orleans, Louisiana (approximately 347 

miles). In the 2003 Fiscal Year, 4,434 

wildlife shipments were processed in 

Dallas/Forth Worth, and 659 wildlife 

shipments were processed in New 

Orleans. We estimate that a significant 

fraction of this volume will be shipped 

directly to Houston for Service 

inspection and clearance with its