33480 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations

Relevant Federal Rules That May

Duplicate, Overlap, or Conflict With the

New Rule.

The Commission is not aware of any

other federal rules that duplicate,

overlap, or conflict with the final

rulemaking.

List of Subjects

46 CFR Part 515

Exports, Freight, Freight forwarders,

Maritime carriers, Non-vessel-operating

common carriers, Ocean transportation

intermediaries, Licensing requirements,

Financial responsibility requirements,

Reporting and recordkeeping

requirements.

46 CFR Part 545

Antitrust, Exports, Freight forwarders,

Maritime carriers, Non-vessel-operating

common carriers, Ocean transportation

intermediaries, Licensing requirements,

Financial responsibility requirements,

Reporting and recordkeeping

requirements.

For the reasons stated in the

preamble, the Federal Maritime

Commission amends 46 CFR chapter IV,

subchapter B, as set forth below:

PART 515—LICENSING, FINANCIAL

RESPONSIBILITY REQUIREMENTS,

AND GENERAL DUTIES FOR OCEAN

TRANSPORTATION INTERMEDIARIES

1. The authority citation for part 515

continues to read as follows:

Authority: 5 U.S.C. 553, 31 U.S.C. 9701; 46

U.S.C. app. 1702, 1707, 1709, 1710, 1712,

1714, 1716, and 1718; Pub. L. 105–383, 112

Stat. 3411; 21 U.S.C. 862.

2. In § 515.23, revise the introductory

text to read as follows:

§ 515.23 Claims against an ocean

transportation intermediary.

The Commission or another party may

seek payment from the bond, insurance,

or other surety that is obtained by an

ocean transportation intermediary

pursuant to this section. (See also

§ 545.3 of this chapter.)

* * * * *

PART 545—INTERPRETATIONS AND

STATEMENTS OF POLICY

1. The authority citation for part 545

is revised to read as follows:

Authority: 5 U.S.C. 553; 46 U.S.C. app.

1706, 1707, 1709, 1716, and 1718; Pub. L.

105–383, 112 Stat. 3411; 46 CFR 515.23.

2. Add § 545.3 to read as follows:

§ 545.3 Interpretation of § 515.23(b) of this

chapter—Payment pursuant to a claim

against an ocean transportation

intermediary.

A claimant seeking to settle a claim in

accordance with § 515.23(b)(1) of this

chapter should promptly provide to the

financial responsibility provider all

documents and information relating to

and supporting its claim for the purpose

of evaluating the validity and subject

matter of the claim.

By the Commission.

Bryant L. VanBrakle,

Secretary.

[FR Doc. 00–13088 Filed 5–23–00; 8:45 am]

BILLING CODE 6730–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 51 and 54

[CC Docket No. 95–20, FCC 99–387]

Computer III Further Remand

Proceedings: Bell Operating Company

Provision of Enhanced Services;

Clarification

AGENCY: Federal Communications

Commission.

ACTION: Clarification of final rule.

SUMMARY: This document grants in part

and denies in part a petition to

reconsider the Commission’s Computer

III Remand Order, stating that the Bell

Operating Companies (BOCs) should no

longer be required to file servicespecific Comparably Efficient

Interconnection (CEI) plans for

information services that are offered on

an integrated basis through the

regulated entity and obtain approval of

those plans prior to initiating or altering

their intraLATA information services.

This document clarifies that BOCs are

obligated to post on their websites a

complete copy of all their CEI plans.

EFFECTIVE DATE: May 24, 2000.

FOR FURTHER INFORMATION CONTACT: Ann

Stevens, Attorney, Common Carrier

Bureau, Policy and Program Planning

Division, (202) 418–1580. Further

information may also be obtained by

calling the Common Carrier Bureau’s

TTY number: 202–418–0484.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order

adopted December 9, 1999, and released

December 17, 1999. The full text of this

Order is available for inspection and

copying during normal business hours

in the FCC Reference Center, 445 12th

Street, SW., Room CY–A257,

Washington, DC. The complete text also

may be obtained through the World

Wide Web, at http://www.fcc.gov/

Bureaus/CommonCarrier/ Orders/fcc99–

387.wp, or may be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc. (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

Regulatory Flexibility Certification

Bell Atlantic and SBC submitted

comments on July 12, 1999 and CIX and

BellSouth Corporation filed replies to

the comments to the Commission’s

request for comment on its certification.

In this present Order , the Commission

promulgates no additional final rules,

and our action does not affect the

previous analysis.

Synopsis of Order on Reconsideration

1. In this Order, we address a petition

for reconsideration or clarification of the

Computer III Remand Order, CC Docket

No. 95–20, FCC 99–387, filed by

Commercial Internet eXchange

Association (CIX).

2. The Commission concluded in that

order that although the BOCs must

continue to comply with their CEI

obligations, they should no longer be

required to file or obtain pre-approval of

CEI plans and plan amendments before

initiating or altering their intraLATA

information services. Instead, we

required the BOCs to ‘‘post on their

publicly accessible Internet page, linked

to and searchable from the BOCs main

Internet page, their CEI plan for any new

or altered intraLATA information

service offering, and to notify the

Common Carrier Bureau upon such

posting.

3. CIX filed a petition for

reconsideration or clarification of two

aspects of two aspects of the Computer

III Report and Order, 64 FR 14141 (3/24/

99). CIX first asks that the Commission

establish that incumbent LECs must

disclose in advance and via their web

sites the planned deployment of digital

subscriber line access multiplexers

(DSLAMs) on a wire-center basis, and

provide adequate prior notice on the

status of line conditioning for a given

customer or group of customers.

Information on the deployment of

broadband telecommunications, CIX

continues, should be available to all

competing information services

providers (ISPs), and should not be used

as a means to favor the incumbent’s

affiliated ISP. CIX also asks that the

Commission clarify that the BOCs are

obligated to post a complete copy of all

their CEI plans on their websites, so that

all ISPs have ready information

available concerning interconnection

with the BOC’s ‘‘last mile’’ network.

Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations 33481

II. Discussion

4. The Commission has reviewed the

initial request made by CIX in its

petition—that we clarify our network

information disclosure rules to require

incumbent local exchange carriers to

provide information regarding DSLAMs

and line conditioning to ISPs. CIX

essentially asks the Commission to

clarify that section 251(c)(5) of the

Communications Act and the rules

implementing that section require

disclosure of such information. We

decline to do so. The Commission did

not raise this issue in the Further Notice

of Proposed Rulemaking in these

dockets. Thus, the CIX request for

clarification with regard to information

on deployment of DSLAMs and line

conditioning is beyond the scope of this

proceeding. Accordingly, we deny that

request for clarification on

reconsideration.

5. CIX next requests that the

Commission clarify that the BOCs are

obligated to post on their websites a

complete copy of all their CEI plans—

rather than merely a copy of ‘‘new or

altered’’ plans. We grant this request. It

was not our intention in the Computer

III Report and Order to exclude from the

CEI posting requirement the BOCs’

existing plans. As CIX notes in its

petition, it is important for all CEI plans

to be available on the BOCs’ websites,

including those previously filed plans.

Otherwise, it would be difficult for the

ISPs to get information regarding plans

filed with the Commission under the

prior CEI regime. Moreover, we do not

believe that requiring the BOCs to post

all their plans and plan amendments—

both old and new—is unduly

burdensome, especially given the

benefit of having all these plans in one,

easily accessible place. Accordingly, we

clarify that the BOCs must post all their

existing and new CEI plans and plan

amendments on their Internet websites

and notify the Common Carrier Bureau

at the time of the posting.

III. Ordering Clause

6. The petition for reconsideration

and clarification filed by the

Commercial Internet eXchange

Association IS GRANTED IN PART and

IS DENIED IN PART, to the extent

discussed above.

Federal Communications Commission

Magalie Roman Salas,

Secretary.

[FR Doc. 00–13039 Filed 5–23–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 575

[Docket No. 00–7364]

RIN 2127–AG96

Consumer Information Regulations:

Uniform Tire Quality Grading Test

Procedures

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule amends the

treadwear testing procedures under the

Uniform Tire Quality Grading Standards

(UTQGS). To ensure the consistency of

the treadwear grades from one year to

the next, the agency monitors the

changing roughness of the test course,

periodically calculates a base course

wear rate (BCWR), and uses it to adjust

the measured wear rates of tires driven

over the course. To monitor the test

course, the agency uses special tires

designated as course monitoring tires

(CMTs).

The agency is amending the UTQGS

to change the computation of the BCWR

used in calculating the treadwear grade

of passenger car tires. These

amendments establish a direct

comparison of the wear rates of CMTs

used as the control standard with the

wear rates of the candidate tires, i.e., the

tires being tested for the purposes of

grading. This direct comparison will

result in more consistent treadwear

ratings by compensating for any changes

or variations in CMT characteristics.

NHTSA will measure the wear rate of

CMTs 4 times per year and use the

average wear rate from the last 4

quarterly CMT tests as a basis for the

BCWR. NHTSA is further requiring that

CMTs used to determine wear rate be

not more than 1 year old at the

commencement of the test and that the

CMTs used in the test must be used

within 2 months after removal from

storage.

DATES: Effective date: The amendments

in this final rule are effective July 24,

2000.

Petitions for reconsideration of this

final rule must be received by NHTSA

not later than July 10, 2000.

ADDRESSES: Petitions for reconsideration

should be submitted to the

Administrator, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC

20590.

FOR FURTHER INFORMATION CONTACT:

For technical issues: Mr. Sanjay Patel,

Safety Standards Engineer, Office of

Planning and Consumer Programs,

Office of Safety Performance Standards,

National Highway Traffic Safety

Administration, 400 Seventh Street, SW,

Washington, DC 20590; telephone (202)

366–0307.

For legal issues: Mr. Stephen P.

Wood, Assistant Chief Counsel for

Rulemaking, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW, Washington, DC 20590;

telephone (202) 366–2992.

SUPPLEMENTARY INFORMATION:

A. Background

1. Current Provisions.

Section 30123(e) of title 49, United

States Code (U.S.C.) requires the

Secretary of Transportation to prescribe

a uniform system for grading motor

vehicle tires to assist consumers in

making informed choices when

purchasing tires. In response to that

congressional mandate, NHTSA

established the Uniform Tire Quality

Grading Standards (UTQGS) in 49 CFR

575.104.

The UTQGS require tire

manufacturers and tire brand name

owners to grade their tires with respect

to the tires’ relative performance with

respect to treadwear, traction, and

temperature resistance. Treadwear

grades are shown by numbers, such as

100, 160, and 200, with the higher

numbers indicating greater treadwear

performance. The traction grades are

indicated by AA, A, B, and C, with AA

representing the highest performance

characteristics and C the lowest. The

temperature resistance grades are

indicated by the letters A, B, and C,

with A representing the best

performance and C indicating the

minimum level of performance

necessary to comply with Federal motor

vehicle safety standards.

The UTQGS provide that treadwear

grades are developed first by running

the tires being graded, called ‘‘candidate

tires,’’ over a selected 400-mile segment

of public highway outside San Angelo,

Texas. After an 800-mile ‘‘break-in’’ run,

the candidate tires are driven over the

test course for a total of 6,400 miles in

test convoys composed of 4 passenger

cars and/or light trucks. Each driver

remains in the same position within the

convoy. The vehicles are regularly

rotated among the 4 positions in the

convoy as are the positions of the tires

on the test vehicles so that each

candidate tire gets equal time with each

driver, each vehicle, and each wheel

position.