Secretarial Delegations

Federal Register / Vol. 69, No. 158 / Tuesday, August 17, 2004 / Rules and Regulations
(17) Ferry, WA (3013, Seattle);
(18) Metaline Falls, WA (3025, Seattle);
(19) Laredo, TX (2304, Laredo);
(20) Eagle Pass, TX (2303, Laredo);
(21) Brownsville, TX (2301, Laredo);
(22) Progresso, TX (2309, Laredo);
(23) Del Rio, TX (2302, Laredo);
(24) Hidalgo/Pharr, TX (2305, Laredo);
(25) Roma, TX (2310, Laredo);
(26) Rio Grande City, TX (2307, Laredo);
(27) El Paso, TX (2402, El Paso);
(28) Presidio, TX (2403, El Paso);
(29) Fabens, TX (2404, El Paso);
(30) Columbus, NM (2406, El Paso);
(31) Santa Teresa, NM (2408, El Paso);
(32) Douglas, AZ (2601, Tucson);
(33) Lukeville, AZ (2602, Tucson);
(34) Naco, AZ (2603, Tucson);
(35) Nogales, AZ (2604, Tucson);
(36) Sasabe, AZ (2606, Tucson);
(37) San Luis, AZ (2608, Tucson);
(38) Tecate, CA (2505, San Diego);
(39) Calexico, CA (2507, San Diego);
(40) Otay Mesa, CA (2506, San Diego).
Second Implementation
Effective December 15, 2004, truck
carriers must commence the advance
electronic transmission to CBP of
required cargo information for inbound
cargo at the following forty-three ports
of entry:
(41) Champlain, NY (0712, Buffalo);
(42) Trout River, NY (0715, Buffalo);
(43) Pembina, ND (3401, Seattle);
(44) Noyes, MN (3402, Seattle);
(45) Portal, ND (3403, Seattle);
(46) Neche, ND (3404, Seattle);
(47) St. John, ND (3405, Seattle);
(48) Northgate, ND (3406, Seattle);
(49) Walhalla, ND (3407, Seattle);
(50) Hannah, ND (3408, Seattle);
(51) Sarles, ND (3409, Seattle);
(52) Ambrose, ND (3410, Seattle);
(53) Antler, ND (3413, Seattle);
(54) Sherwood, ND (3414, Seattle);
(55) Hansboro, ND (3415, Seattle);
(56) Maida, ND (3416, Seattle);
(57) Fortuna, ND (3417, Seattle);
(58) Westhope, ND (3419, Seattle);
(59) Noonan, ND (3420, Seattle);
(60) Carbury, ND (3421, Seattle);
(61) Dunseith, ND (3422, Seattle);
(62) Warroad, MN (3423, Seattle);
(63) Baudette, MN (3424, Seattle);
(64) Pine Creek, MN (3425, Seattle);
(65) Roseau, MN (3426, Seattle);
(66) International Falls, MN (3604,
Seattle);
(67) Grand Portage, MN (3613, Seattle);
(68) Richford, VT (0203, Boston);
(69) Derby Line, VT (0209, Boston);
(70) Norton, VT (0211, Boston);
(71) Beecher Falls, VT (0206, Boston);
(72) Highgate Springs, VT (0212,
Boston);
(73) Houlton, ME (0106, Boston);
(74) Bridgewater, ME (0127, Boston);
(75) Fort Fairfield, ME (0107, Boston);

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(76) Limestone, ME (0118, Boston);
(77) Van Buren, ME (0108, Boston);
(78) Madawaska, ME (0109, Boston);
(79) Fort Kent, ME (0110, Boston);
(80) Calais, ME (0115, Boston);
(81) Vanceboro, ME (0105, Boston);
(82) Eastport/Lubec, ME (0103, Boston);
(83) Jackman, ME (0104, Boston).
Third Implementation
Effective January 14, 2005, truck
carriers must commence the advance
electronic transmission to CBP of
required cargo information for inbound
cargo at the following sixteen ports of
entry:
(84) Eastport, ID (3302, Seattle);
(85) Porthill, ID (3308, Seattle);
(86) Sweetgrass, MT (3310, Seattle);
(87) Raymond, MT (3301, Seattle);
(88) Turner, MT (3306, Seattle);
(89) Scobey, MT (3309, Seattle);
(90) Whitetail, MT (3312, Seattle);
(91) Piegan, MT (3316, Seattle);
(92) Opheim, MT (3317, Seattle);
(93) Roosville, MT (3318, Seattle);
(94) Morgan, MT (3319, Seattle);
(95) Whitlash, MT (3321, Seattle);
(96) Del Bonita, MT (3322, Seattle);
(97) Alcan, AK (3104, Portland);
(98) Skagway, AK (3103, Portland);
(99) Dalton Cache, AK (3106, Portland).
Dated: August 12, 2004.
Robert C. Bonner,
Commissioner, Customs and Border
Protection.
[FR Doc. 04–18818 Filed 8–16–04; 8:45 am]
BILLING CODE 4820–02–P

51009

and Order in MM Docket No. 03–57
adopted August 4, 2004, and released
August 9, 2004. The full text of this
decision is available for inspection and
copying during normal business hours
in the FCC Reference Information Center
at Portals II, CY–A257, 445 12th Street,
SW., Washington, DC. The complete
text of this decision may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or http://
www.BCPIWEB.com. This document is
not subject to the Congressional Review
Act. (The Commission, is, therefore, not
required to submit a copy of this Report
and Order to GAO, pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A) since this Petition for
Reconsideration of the Report and Order
was denied, herein.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 04–18805 Filed 8–16–04; 8:45 am]
BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION
49 CFR Part 1
[Docket No. OST–1999–6189]
RIN 9991–AA41

Secretarial Delegations
Office of the Secretary, DOT.
Final rule.

AGENCY:

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 04–2463; MB Docket No. 03–57; RM–
10565]

Radio Broadcasting Services; Creede,
Fort Collins, Westcliffe and Wheat
Ridge, CO
Federal Communications
Commission.
ACTION: Final rule; denial of petition for
reconsideration.
AGENCY:

SUMMARY: This document denies a
Petition for Reconsideration and Motion
to Consolidate filed by Meadowlark
Group, Inc. directed to the Report and
Order in this proceeding. See 69 FR
17070, April 1, 2004. With this action,
the proceeding is terminated.
FOR FURTHER INFORMATION CONTACT:
Robert Hayne, Media Bureau (202) 418–
2177.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Memorandum Opinion

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ACTION:

SUMMARY: The Office of the Secretary of
Transportation (OST) is amending its
regulations to reflect a change in
Secretarial delegations. The Secretary is
transferring responsibility for the Motor
Carrier Financial and Operating
Statistics Program from the Bureau of
Transportation Statistics (BTS) to the
Federal Motor Carrier Safety
Administration (FMCSA). The transfer
will take effect on September 29, 2004.
This rule is necessary so that the
delegations appearing in the Code of
Federal Regulations reflect these
changed responsibilities.
EFFECTIVE DATE: September 29, 2004.
FOR FURTHER INFORMATION CONTACT:
Robert Monniere, Bureau of
Transportation Statistics, Department of
Transportation, 400 7th Street SW.,
Room 3103, Washington, DC 20590,
(202) 366–5498 or Joy Dunlap, Federal
Motor Carrier Administration,
Department of Transportation, 400 7th
Street SW., Room 8214, Washington, DC
20590, 202–493–0219.

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51010

Federal Register / Vol. 69, No. 158 / Tuesday, August 17, 2004 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Background
The Interstate Commerce Commission
(ICC) collected financial and operating
statistics from regulated motor carriers
from the 1930s until the end of 1995,
when the ICC was abolished and data
collection was transferred to DOT. (See
49 U.S.C. 11145 and implementing
regulations at 49 CFR part 1420.)
Following the transfer from the ICC, the
Secretary delegated the functions and
responsibilities to BTS (see 61 FR
68162). Recently, the Department
conducted a comprehensive review of
all major BTS programs and activities.
One recommendation was that BTS
should focus its resources on its core
statistical programs. Based on the fact
that this mandatory reporting program is
regulatory in nature and requires the
release of information concerning
individually identifiable respondents,
OST and BTS identified this program as
a candidate re-delegation. Thus, based
on the above, the Secretary has decided
to change the Department delegations
and transfer this reporting function to
the FMCSA, in the belief that this
program is more closely aligned with
the FMCSA’s safety mission and its
other motor carrier responsibilities.
The Department publishes this rule as
a final rule, effective on September 29,
2004, because these amendments relate
to departmental management,
organization, procedure, and practice,
notice and comment are unnecessary
under 5 U.S.C. 553(b) and the
Department finds good cause under 5
U.S.C. 5539d)(3) for the final rule to be
effective on September 29, 2004.
Regulatory Analyses and Notices
OST has determined that this action
is not a significant regulatory action
under Executive Order 12866 or under
the Department’s Regulatory Policies
and Procedures. There are no costs
associated with this rule. Because this
rule will only apply to internal DOT
operations, OST certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities. Moreover, any impact should
be positive. OST also has determined
that there are not sufficient federalism
implications to warrant preparation of a
federalism statement.
Paperwork Reduction Act
This rule contains no information
collection requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).

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Unfunded Mandates Reform Act of
1995
OST has determined that the
requirements of Title II of the Unfunded
Mandates Reform Act of 1995 do not
apply to this rulemaking.
List of Subjects in 49 CFR Part 1
Authority delegations, Organizations
and functions.
■ For the reasons set forth in the
preamble, the Office of the Secretary
amends 49 CFR Part 1 as follows:
PART 1—ORGANIZATION AND
DELEGATION OF POWERS AND
DUTIES
1. The authority citation for Part 1
continues to read as follows:

■

Authority: 49 U.S.C. 322; 46 U.S.C.
2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2);
Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106–
159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat.
597, Pub.L.
§ 1.71

[Amended]

2. In § 1.71, remove paragraph (b) and
redesignate paragraph (c) as paragraph
(b).
■ 3. In § 1.73, add paragraph (p) to read
as follows:
■

§ 1.73 Delegation to the Administrator of
the Federal Motor Carrier Safety
Administration.

*

*
*
*
*
(p) Carry out the functions vested in
the Secretary by 49 U.S.C. 14123,
relating to the collection and
dissemination of information on motor
carriers.
Issued in Washington, DC on this 20th day
of August, 2004.
Norman Y. Mineta,
Secretary.
[FR Doc. 04–18822 Filed 8–16–04; 8:45 am]
BILLING CODE 4910–62–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 040504142–4142–01; I.D.
042204B]
RIN 0648–AS07

Atlantic Highly Migratory Species
(HMS) Fisheries; Vessel Monitoring
System (VMS) Requirement; Effective
Date for Atlantic Shark Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.

AGENCY:

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ACTION:

Final rule.

SUMMARY: NMFS is establishing effective
dates for the requirement to have a
NOAA-approved VMS unit installed
and operating on vessels with directed
shark limited access permits (LAPs) and
with gillnet or bottom longline gear on
board. VMS will aid in the enforcement
of time/area closures.
DATES: Final rule will become effective
September 16, 2004.
ADDRESSES: To obtain copies of the list
of NMFS-approved VMSmobile
transmitting and communications
service providers contact the National
Marine Fisheries Service, Office for Law
Enforcement (OLE):
•Mail: 8484 Georgia Avenue, Suite
415, Silver Spring, MD 20910.
For copies of Amendment 1 to the
Fisheries Management Plan for Atlantic
Tunas, Swordfish, and Sharks or its
implementing regulations contact the
National Marine Fisheries Service,
Office of Sustainable Fisheries, Highly
Migratory Species (HMS) Management
Division (F/SF1):
•Mail: 1315 East-West Highway,
Silver Spring, MD 20910
•Internet: http://www.nmfs.noaa.gov/
sfa/hms/
•Phone: 301–713–2347
•Fax: 301–713–1917.
For information or comments
regarding the collection of information
requirements contained in this rule
contact the HMS Management Division
at the address noted above and the
Office of Management and Budget
(OMB):
•Email:
[email protected]: 202–
395–7285.
FOR FURTHER INFORMATION CONTACT: For
additional information regarding the
effective dates specified in this
document, contact Mike Clark, Chris
Rilling, or Karyl Brewster-Geisz, phone
301-713–2347 or fax 301–713–1917.
For a current listing of NOAAapproved VMS units, contact Mark
Oswell, phone 301–427–2300, fax 301–
427–2055.
For questions regarding VMS
installation and activation checklists,
contact Jonathan Pinkerton, phone 301–
427–2300, fax 301–427–2055.
An installation checklist, and relevant
updates are available at the OLE
website:http://www.nmfs.noaa.gov/ole/
vms.html.

The
Atlantic shark fisheries are managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). The Fishery Management Plan for

SUPPLEMENTARY INFORMATION:

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