58482 Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations

PART 20—[AMENDED]

1. The authority citation for part 20

continues to read as follows:

47 U.S.C. 154, 160, 251–254, 303, and 332

unless otherwise noted.

2. Section 20.12 is amended by

revising paragraphs (a), (b)(1), and (c) to

read as follows:

§ 20.12 Resale and roaming.

(a) Scope of section. This section is

applicable to providers of Broadband

Personal Communications Services (part

24, subpart E of this chapter), Cellular

Radio Telephone Service (part 22,

subpart H of this chapter), and

Specialized Mobile Radio Services in

the 800 MHz and 900 MHz bands

(included in part 90, subpart S of this

chapter) if such providers offer realtime, two-way switched voice or data

service that is interconnected with the

public switched network and utilizes an

in-network switching facility that

enables the provider to reuse

frequencies and accomplish seamless

hand-offs of subscriber calls. The scope

of paragraph (b) of this section,

concerning the resale rule, is further

limited so as to exclude from the

requirements of that paragraph those

Broadband Personal Communications

Services C, D, E, and F block licensees

that do not own and control and are not

owned and controlled by firms also

holding cellular, A, or B block licenses.

(b) Resale. The resale rule is

applicable as follows:

(1) Each carrier subject to paragraph

(b) of this section shall not restrict the

resale of its services, unless the carrier

demonstrates that the restriction is

reasonable.

* * * * *

(c) Roaming. Each carrier subject to

this section must provide mobile radio

service upon request to all subscribers

in good standing to the services of any

carrier subject to this section, including

roamers, while such subscribers are

located within any portion of the

licensee’s licensed service area where

facilities have been constructed and

service to subscribers has commenced,

if such subscribers are using mobile

equipment that is technically

compatible with the licensee’s base

stations.

[FR Doc. 00–24964 Filed 9–28–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATION

COMMISSION

47 CFR Part 73

[DA No. 00–1208, MM Docket No. 97–116;

RM 9050 and RM 9123]

Radio Broadcasting Services;

Everglades City, LaBelle, Key West,

and Estero, FL; Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of June 16, 2000, a document

concerning Radio Broadcasting Services

in Everglades City, LaBelle, Key West,

and Estero, FL. This document contains

a correction to that rule.

DATES: Effective July 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Orlando Ardon, Office of Managing

Director, 202–418–0310.

SUPPLEMENTARY INFORMATION: This

document corrects FR Doc. 00–15261,

published on June 16, 2000, (65 FR

37709).

On page 37709, in the third column,

in § 73.202(b), amendatory instruction

No. 2 is corrected to read as follows:

PART 73—[CORRECTED]

§ 73.202 [Corrected]

2. Section 73.202(b), the Table of FM

Allotments under Florida, is amended

by removing LaBelle, Channel 223A and

adding Estero, Channel 223C3 and by

removing Channel 223C1 and adding

Channel 224C1 at Key West.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 00–25173 Filed 9–28–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 240

FRA Docket No. RSOR–9, Notice 13

[RIN 2130–AA74]

Qualification and Certification of

Locomotive Engineers; Corrections

AGENCY: Federal Railroad

Administration (FRA), DOT.

ACTION: Final rule; corrections.

SUMMARY: FRA published in the Federal

Register of November 8, 1999, (64 FR

60966), a document making

miscellaneous amendments to its

requirements for the qualification and

certification of locomotive engineers (49

CFR part 240). Inadvertently, mistakes

were made in four different items in that

publication.

First, in § 240.7, a revised definition

of locomotive is missing a parenthesis.

Second, in § 240.7, an added

definition of service has one misplaced

quotation mark.

Third, a new § 240.309(e)(6) was

published without describing the

amendment as a revision of the existing

paragraph (e)(6). Without a correction,

the section would contain two different

paragraphs numbered (e)(6). This

document removes the older paragraph

(e)(6).

Fourth, two revisions were made to

the penalty schedule regarding

§ 240.123 without describing the

amendments. Without a correction, the

penalty schedule would not be

amended; instead, the revision would be

published separately after the penalty

schedule.

DATES: Effective on September 29, 2000.

FOR FURTHER INFORMATION CONTACT:

Alan H. Nagler, Trial Attorney, Office of

Chief Counsel, FRA, 400 Seventh Street,

S.W., RCC–11, Mail Stop 10,

Washington, DC 20590 (telephone: 202–

493–6049).

SUPPLEMENTARY INFORMATION: FRA

published a document in the Federal

Register of November 8, 1999, (64 FR

60966) amending § 240.7. A revised

definition of locomotive was published.

However, the revision was missing a

parenthesis. A second close parenthesis

should have been added prior to the

colon.

FRA published a document in the

Federal Register of November 8, 1999,

(64 FR 60966) amending § 240.7. A

definition of service was added.

However, the new definition has one

misplaced quotation mark. The last

sentence should only have quotation

marks around the word ‘‘filing’’ instead

of quotation marks around the phrase

‘‘filing in this section.’’

FRA published a document in the

Federal Register of November 8, 1999,

(64 FR 60966) amending § 240.309. This

section was amended by revising

paragraphs (e), (e)(3), (e)(5), (e)(7), and

(e)(8), removing paragraph (e)(10) and

correcting a clerical error, which had

created a second paragraph (e), by

redesignating this second paragraph (e)

as paragraph (h). A paragraph numbered

(e)(6) was published without an

explanation of how to treat it in the

amendatory language. Although this

mistake occurred, the preamble in that

Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations 58483

document explained that FRA intended

to revise paragraph (e)(6). This

correction removes the old paragraph

(e)(6) so that only the revised paragraph

(e)(6) that was published on November

8, 1999, will remain part of the rule.

FRA published a document in the

Federal Register of November 8, 1999,

(64 FR 60966) amending ‘‘Appendix A

to Part 240-Schedule of Civil Penalties.’’

The appendix was amended by ‘‘adding

penalty entries for §§ 240.104 and

240.231 and by revising the penalty

entries for §§ 240.105, 240.111, 240.117,

240.121, 240.225, 240.229, 240.305,

240.307, 240.309 and footnote number

1.’’ Two revisions to § 240.123 were

published without any explanation of

how to treat them in the amendatory

language. By revising the penalty

schedule for this section, the paragraph

citations will match up better with the

paragraphs cited to in the regulatory

text. The sum total of these corrections

are to change ‘‘(a)’’ to ‘‘(b)’’ and ‘‘(b)’’ to

‘‘(c).’’ Thus, only the revised penalty

schedule entry for § 240.123 that was

published on November 8, 1999, will

remain part of the rule.

Corrections:

1. In rule FR Doc. 99–28930 published

on November 8, 1999, (64 FR 60966)

make the following correction. On page

60989, in the first column, item 5, add

a close parenthesis to the introductory

text of the revised definition of

locomotive just prior to the colon, so

that it reads:

* * * * *

Locomotive means a piece of on-track

equipment (other than specialized

roadway maintenance equipment or a

dual purpose vehicle operating in

accordance with § 240.104(a)(2)):

* * * * *

2. In rule FR Doc. 99–28930 published

on November 8, 1999, (64 FR 60966)

make the following correction. On page

60989, in the second column, item 5,

correct the definition of service so that

the last sentence reads:

* * * * *

* * * See also the definition of

‘‘filing’’ in this section.

* * * * *

3. In rule FR Doc. 99–28930 published

on November 8, 1999, (64 FR 60966)

make the following correction. On page

60994, in the third column, item 26, add

‘‘(e)(6),’’ after the phrase ‘‘[s]ection

240.309 is amended by revising

paragraphs (e) introductory text, (e)(3),

(e)(5).’’

4. In rule FR Doc. 99–28930 published

on November 8, 1999, (64 FR 60966)

make the following correction. On page

60995, in the third column, item 30, add

‘‘240.123,’’ after the phrase ‘‘Appendix

A to part 240 is amended by adding

penalty entries for §§ 240.104 and

240.231 and by revising the penalty

entries for §§ 240.105, 240.111, 240.117,

240.121.’’

Dated: September 21, 2000.

S. Mark Lindsey,

Chief Counsel.

[FR Doc. 00–24706 Filed 9–28–00; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 531

[Docket No. NHTSA–99–6676; Notice 2]

Passenger Automobile Average Fuel

Economy Standards; Final Decision to

Grant Exemption

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: This final decision responds

to a petition filed by DeTomaso

Automobiles, Ltd. (DeTomaso)

requesting that it be exempted from the

generally applicable average fuel

economy standard of 27.5 miles per

gallon (mpg) for model years (MYs)

2000 and 2001 and that lower

alternative standards be established. In

this document, NHTSA establishes an

alternative standard for DeTomaso (now

operating as the Qvale Automotive

Group (QAG)) of 22.0 mpg for MYs 2000

and 2001.

DATES: Effective date: November 13,

2000. This exemption and the

alternative standards apply to QAG for

MYs 2000 and 2001.

Petitions for reconsideration: Petitions

for reconsideration must be received no

later than November 13, 2000.

ADDRESSES: Petitions for reconsideration

of this rule should refer to the docket

number and notice number cited in the

heading of this notice and must be

submitted to: Administrator, National

Highway Traffic Safety Administration,

400 Seventh Street, SW., Washington

DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr.

Sanjay Patel, Office of Planning and

Consumer Programs, NHTSA, 400

Seventh Street, SW., Washington, DC

20590. Mr. Patel’s telephone number is:

(202) 366–0307.

For legal issues, you may contact Otto

Matheke, Office of the Chief Counsel,

NHTSA, Room 5219, 4000 Seventh

Street, SW., Washington, DC 20590. Mr.

Matheke’s telephone number is: 202–

366–5263.

SUPPLEMENTARY INFORMATION:

Statutory Background

Pursuant to 49 U.S.C. section

32902(d), NHTSA may exempt a low

volume manufacturer of passenger

automobiles from the generally

applicable average fuel economy

standards if NHTSA concludes that

those standards are more stringent than

the maximum feasible average fuel

economy for that manufacturer and if

NHTSA establishes an alternative

standard for that manufacturer at its

maximum feasible level. Under the

statute, a low volume manufacturer is

one that manufactured (worldwide)

fewer than 10,000 passenger

automobiles in the second model year

before the model year for which the

exemption is sought (the affected model

year) and that will manufacture fewer

than 10,000 passenger automobiles in

the affected model year. In determining

the maximum feasible average fuel

economy, the agency is required under

49 U.S.C. 32902(f) to consider:

(1) Technological feasibility

(2) Economic practicability

(3) The effect of other Federal motor

vehicle standards on fuel economy, and

(4) The need of the United States to

conserve energy.

The statute permits NHTSA to

establish alternative average fuel

economy standards applicable to

exempted low volume manufacturers in

one of three ways: (1) A separate

standard for each exempted

manufacturer; (2) a separate average fuel

economy standard applicable to each

class of exempted automobiles (classes

would be based on design, size, price,

or other factors); or (3) a single standard

for all exempted manufacturers.

Proposed Decision and Public Comment

This final decision was preceded by a

proposal announcing the agency’s

tentative conclusion that DeTomaso

should be exempted from the generally

applicable MYs 2000 and 2001

passenger automobile average fuel

economy standard of 27.5 mpg, and that

alternative standards of 22.0 mpg for

MY 2000 and MY 2001 be established

for DeTomaso. (63 FR 73476; December

30, 1999). The agency received one

comment from a Mr. Lance Tunick, a

consultant acting on behalf of

DeTomaso, supporting the

establishment of an alternative standard

for DeTomaso for MYs 2000 and 2001

and informing the agency that

DeTomaso, which had submitted its

petition as DeTomaso Automobiles Ltd.