Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 77141

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule would not result in 

such expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.

Energy Effects 

We have analyzed this rule under 

Executive Order 12211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Environment 

We have considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph (34)(g), of Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environmental documentation. A 

‘‘Categorical Exclusion Determination’’

is available in the docket where 

indicated under ADDRESSES.

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1

■ 2. Add temporary § 165.T05–224 to 

read as follows:

§ 165.T05–224 Safety zone; Delaware River 

(a) Location. The following area is a 

temporary safety zone: All waters of the 

Delaware River from the TaconyPalmyra Bridge to the Bellevue/Marcus 

Hook ship ranges at Buoy 2M, shoreline 

to shoreline. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) All vessel traffic is prohibited in 

the safety zone. 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at (215) 271–4807. 

(3) All persons desiring to transit 

through the safety zone must contact the 

Captain of the Port at telephone number 

(215) 271–4807 or on VHF channel 13 

or 16 to seek permission prior to 

transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

Captain of the Port Philadelphia, PA or 

designated representative. 

(4) The Captain of the Port will notify 

the public of any changes in the status 

of this safety zone by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22 (157.1 MHZ). 

(5) Mariners granted permission to 

transit the safety zone must maintain 

the minimum safe speed necessary to 

maintain navigation as per 33 CFR 

Chapter I, Subchapters D and E. 

(c) Definitions.

Captain of the Port means the 

Commanding Officer of the Coast Guard 

Marine Safety Office/Group 

Philadelphia or any Coast Guard 

commissioned warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(d) Effective period. This section is 

effective from December 15, 2004 until 

January 15, 2005.

Dated: December 14, 2004. 

Jonathan D. Sarubbi, 

Captain, U.S. Coast Guard, Captain of the 

Port Philadelphia.

[FR Doc. 04–28226 Filed 12–23–04; 8:45 am] 

BILLING CODE 4910–15–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 04–53; DA 04–3944; FCC 

04–194] 

Rules and Regulations Implementing 

the Controlling of the Assault of NonSolicited Pornography and Marketing 

Act of 2003; Rules and Regulations 

Implementing the Telephone 

Consumer Protection Act of 1991

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

77142 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 

of Management and Budget (OMB) has 

approved for three years the information 

collections contained in the 

Commission’s rules at § 64.3100(a)(4), 

(d), (e), and (f). We also announce that 

now that OMB has approved the rules, 

Commercial Mobile Radio Service 

(CMRS) carriers will have until January 

21, 2004 to submit all of their electronic 

mail domain names for wireless 

messaging to the Commission for 

inclusion in a wireless domain names 

database.

DATES: 47 CFR 64.3100(a)(4), (d), (e), 

and (f) published at 69 FR 55765, 

September 16, 2004, are effective 

December 27, 2004.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC, 20554.

FOR FURTHER INFORMATION CONTACT:

Ruth Yodaiken at 202–418–2512, 

Consumer & Governmental Affairs 

Bureau, Ruth.Yodaiken@fcc.gov.

SUPPLEMENTARY INFORMATION: On August 

12, 2004, the Commission released an 

Order, In the Matter of Rules and 

Regulations Implementing the 

Controlling of the Assault of NonSolicited Pornography and Marketing 

Act of 2003, published at 69 FR 55765 

(September 16, 2004). 47 CFR 64.3100 

(a)(4), (d), (e) and (f) of the 

Commission’s rules implementing the 

Controlling of the Assault of NonSolicited Pornography and Marketing 

Act of 2003 (CAN–SPAM Act), which 

contain information collections, were 

approved by OMB for three years on 

December 15, 2004. OMB Control No. 

3060–1078. The Commission publishes 

this notice of the effective date of the 

rules. If you have any comments on the 

burden estimates, or how we can 

improve the collection(s) and reduce the 

burden(s) they cause you, please write 

to Les Smith, Federal Communications 

Commission, Room 1–A804, 445 12th 

Street, SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–1078, in your 

correspondence. We will also accept 

your comments regarding the Paperwork 

Reduction Act aspects of the collections 

via the Internet, if you send them to 

Leslie.Smith@fcc.gov or call (202) 418–

0217. 

Synopsis 

On August 12, 2004, the Commission 

released an Order to implement the 

Controlling of the Assault of NonSolicited Pornography and Marketing 

Act of 2003, or the CAN–SPAM Act (69 

FR 55765, September 16, 2004). The 

Order adopts rules to protect wireless 

subscribers from unwanted commercial 

electronic mail messages. Specifically, 

the rules prohibit the transmission of 

commercial messages to any address 

referencing an Internet domain name 

associated with a wireless subscriber 

messaging service; unless the individual 

addressee has given the sender express 

prior authorization. To assist the 

senders of such messages in identifying 

wireless subscribers, the Commission’s 

rules require that Commercial Mobile 

Radio Service (CMRS) providers file 

with the Commission the names of all 

electronic domain names used to offer 

electronic mail messages that are 

transmitted directly to a wireless device 

utilized by a subscriber of a commercial 

mobile service (as such term is defined 

in section 332(d) of the 

Communications Act of 1934 (47 U.S.C. 

332(d))) in connection with such 

service. 

On December 15, 2004, the Office of 

Management and Budget (OMB) 

approved the information collections 

associated with the Commission’s CAN–

SPAM rules. Therefore, we announce 

that CMRS carriers will have until 

January 21, 2004 to submit to the 

Commission all of their electronic mail 

domain names used for wireless 

messaging. 

CMRS carriers may begin the 

submission process by accessing the 

following Web site address: http://

www.fcc.gov/cgb/policy and clicking on 

‘‘Domain Name Data Entry for Wireless 

Providers Only.’’ Each CMRS carrier 

must enter their submissions directly 

into the fields provided on the Domain 

Name Data Entry. The first section of 

fields asks the filing party to indicate 

the type of submission: (1) Submission 

of a new mailing domain name, (2) 

updated contact information, or (3) 

deletion of a mailing domain name 

already on the wireless domain names 

list. The next section consists of contact 

information fields, including the name 

of the filing party and the organization’s 

address, phone number, and an e-mail 

address. The Commission will only 

make public the mailing domain name 

provided in the submission, not the 

contact information. The final section 

allows the CMRS carrier to enter the 

mailing domain name(s) pursuant to the 

rules in the Order. Prior to submitting 

the information, the CMRS carrier must 

read and agree to a legal notice, which 

certifies that the domain name(s) 

submitted is used for mobile service 

messaging as defined in section 332(d) 

of the Communications Act of 1934 (47 

U.S.C. 332(d)). The CMRS carrier 

completes the transaction by clicking 

‘‘Submit.’’ Any filing party who cannot 

file electronically should contact the 

Commission’s Consumer & 

Governmental Affairs Bureau at (202) 

418–2512 to make alternate 

arrangements to submit domain names. 

As stated in the Order, the 

Commission will compile the domain 

name submissions into the 

Commission’s wireless domain names 

list. A paper version will also be 

available at the Commission’s 

headquarters in Washington, DC. This 

list will be updated regularly as the 

Commission receives additional 

submissions. Furthermore, CMRS 

carriers are responsible for the 

continuing accuracy and completeness 

of information furnished for the wireless 

domain names list. Therefore, CMRS 

carriers must: 

(1) File any future updates to listings 

with the Commission not less than 

thirty (30) days before issuing 

subscribers any new or modified 

domain name. 

(2) Remove any domain name that has 

not been issued to subscribers or is no 

longer in use within six (6) months of 

placing it on the list or last date of use. 

The Commission will issue a second 

public notice announcing the date on 

which the senders of commercial 

electronic mail, and the general public, 

will have access to the list from the 

Commission’s Web site. Senders of 

mobile service commercial messages 

(MSCMs) will then have an additional 

thirty (30) days from the date the list 

becomes publicly available to comply 

with the rules to avoid sending MSCMs 

to wireless subscribers absent express 

prior authorization. We emphasize that 

the fact that a domain name was not on 

the list or not on the list for a full 30 

days shall not excuse any willful 

violation of the rules on sending 

unwanted messages to wireless 

subscribers. Any person or entity will be 

considered in violation of the rules if a 

message is initiated knowingly to a 

subscriber of the applicable wireless 

service without the subscriber’s express 

prior authorization, even if it is sent 

within 30 days of the domain name 

appearing on the list. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received approval for three years from 

OMB on December 15, 2004 for the 

collection(s) of information contained in 

the Commission’s CAN–SPAM rules at 

47 CFR 64.3100. The OMB Control 

Number is 3060–1078. The annual 

reporting burden for this collection(s) of 

information, including the time for 

gathering and maintaining the collection 

of information, is estimated to be: 

11,027,600 respondents, a total annual 

hour burden of 115,645,100 hours, and 

$37,105,000 in total annual costs. 

Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 77143

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current 

valid OMB Control Number. No person 

shall be subject to any penalty for failing 

to comply with a collection of 

information subject to the Paperwork 

Reduction Act (PRA) that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060–

1078. 

The Foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Pub. L. 104–13, October 1, 1995, 44 

U.S.C. 3507.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–28178 Filed 12–23–04; 8:45 am] 

BILLING CODE 6712–01–P