58662 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

Office of Management and Budget

(OMB). OMB approved the information

collections (see OMB numbers 3060–

0470 approved May 31, 2000; 3060–

0370, 3060–0395, and 3060–0734

approved June 19, 2000; and 3060–0384

approved September 1, 2000). In 65 FR

16328 (March 28, 2000) we also stated

that the Commission would publish a

document in the Federal Register

announcing the effective date of the

rules. This publication satisfies our

statement that the Commission would

publish a document in the Federal

Register announcing the effective date

of the information collections and the

new and/or modified sections of Parts

32 and 64 rules.

List of Subjects

47 CFR Part 32

Communications common carriers,

Reporting and recordkeeping

requirements, Telephone, Uniform

System of Accounts.

47 CFR Part 64

Communications common carriers,

Federal Communications Commission,

Radio, Reporting and recordkeeping

requirements, Telegraph, Telephone.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–25014 Filed 9–29–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket No. 96–45; FCC 00–332]

Federal-State Joint Board on Universal

Service: Promoting Deployment and

Subscribership in Unserved and

Underserved Areas, Including Tribal

and Insular Areas

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document, the

Commission stays, on its own motion,

the implementation of recently adopted

federal Lifeline and Link Up assistance

rule amendments only to the extent that

they apply to qualifying low-income

consumers living near reservations.

DATES: Effective September 5, 2000.

FOR FURTHER INFORMATION CONTACT: Paul

Garnett, Attorney, Common Carrier

Bureau, Accounting Policy Division,

(202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order

and Further Notice of Proposed

Rulemaking in CC Docket No. 96–45

released on August 31, 2000. The full

text of this document is available for

public inspection during regular

business hours in the FCC Reference

Center, Room CY–A257, 445 Twelfth

Street, S.W., Washington, D.C. 20554.

I. Introduction

1. In this Order, we stay, on our own

motion, the implementation of recently

adopted federal Lifeline and Link Up

assistance rule amendments only to the

extent that they apply to qualifying lowincome consumers living near

reservations. We emphasize that this

Order does not affect the

implementation of the enhanced

Lifeline and Link Up support for

qualifying low-income consumers living

on reservations. Those rules are

unaffected and became effective on

schedule on September 5, 2000, as

directed by the Commission. Finally, as

described in greater detail below, we

extend until September 22, 2000, the

date by which carriers may file data in

order to receive support during the

calendar year 2000 for enhanced

Lifeline and Link Up services provided

during the fourth quarter 2000.

II. Discussion

2. Following the adoption of the

definition of ‘‘tribal lands’’ in the

Twelfth Report and Order, 65 FR 47941

(August 4, 2000), we became aware that

the term ‘‘near reservation,’’ as it is

currently defined by the BIA, may

include wide geographic areas that do

not possess the characteristics that

warranted the targeting of enhanced

Lifeline and Link Up support to

reservations, such as geographic

isolation, high rates of poverty, and low

telephone subscribership. Such an

outcome may not further our goal, as

described in the Twelfth Report and

Order, of increasing

telecommunications deployment and

subscribership in the most historically

isolated and underserved regions of our

Nation. Therefore, on our own motion

we stay the implementation of the

above-described Lifeline and Link Up

assistance rule amendments to the

extent that they apply to qualifying lowincome consumers located ‘‘near

reservations,’’ as that phrase is defined

in section 20.1(r) of the BIA regulations.

A notation is added to § 54.400(e) of the

Commission’s rules stating that we have

stayed the implementation of enhanced

Lifeline and Link Up support for eligible

residents of tribal lands to the extent

that such support applies to qualifying

low-income consumers living ‘‘near’’

reservations. We do not stay the

application of enhanced Lifeline and

Link Up programs to low-income

individuals located on ‘‘reservations,’’

including on lands conveyed pursuant

to the Alaska Native Claims Settlement

Act.

3. In the Twelfth Report and Order,

we directed eligible carriers, interested

in receiving enhanced Lifeline and Link

Up support in the calendar year 2000 for

services provided in the fourth quarter

2000, to submit to the Universal Service

Administrative Company (USAC) by

September 1, 2000, a letter from a

corporate officer of the carrier

containing detailed information and

certifications regarding their provision

of services to qualifying low-income

consumers. In this Order, we extend

until September 22, 2000, the date by

which carriers may file data regarding

their provision of eligible services to

qualifying low-income consumers living

on reservations, as defined by the BIA.

III. Ordering Clauses

4. Pursuant to the authority contained

in sections 1–4, 201–205, 254, 303(r),

and 403 of the Communications Act of

1934, as amended, and § 1.3 and

§ 1.429(k) of the Commission’s rules,

this Order is adopted.

5. Pursuant to sections 1 and 4(i) of

the Communications Act, and § 1.3 and

§ 1.429(k) of the Commission’s rules, the

application of enhanced Lifeline and

Link Up programs to qualified lowincome consumers living near

reservations is stayed pending further

Commission action.

6. This order is effective upon release

September 5, 2000.

7. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this Order, to the Chief Counsel for

Advocacy of the Small Business

Administration.

List of Subjects in 47 CFR Part 54

Reporting and recordkeeping

requirements, Telecommunications,

Telephone.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons set forth in the

preamble, 47 CFR part 54 is amended as

follows:

1. The authority citation for part 54

continues to read as follows:

Authority: 47 U.S.C. 1, 4(i), 201, 205, 214,

and 254 unless otherwise noted.

2. A note is added to 47 CFR 54.400(e)

to read as follows:

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58663

§ 54.400 Terms and Definitions.

* * * * *

(e) * * *

Note to paragraph (e): This paragraph (e)

is stayed to the extent that it applies to

qualifying low-income consumers living

‘‘near reservations’’ as that phrase is defined

in 25 CFR 20.1(r).

[FR Doc. 00–25220 Filed 9–29–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Parts 375 and 386

RIN 2126–AA56

Transportation of Household Goods in

Interstate or Foreign Commerce; Rules

of Practice for Motor Carrier Safety and

Hazardous Materials Proceedings

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule; technical

amendments.

SUMMARY: This document implements

sections 208 and 209 of the Motor

Carrier Safety Improvement Act

(MCSIA) of 1999 by amending 49 CFR

parts 386 and 375, respectively. Section

208 revised the definition of an

imminent hazard in 49 U.S.C.

521(b)(5)(B), and section 209 amended

the definition of household goods in 49

U.S.C. 13102(10). Other technical

changes are also being made to part 386,

as explained below.

EFFECTIVE DATE: November 1, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

William C. Hill, Regulatory

Development Division, Office of Policy

and Program Development, FMCSA,

(202) 366–4009, or Mr. Charles E.

Medalen, Office of the Chief Counsel,

(202) 366–1354, Federal Highway

Administration (FHWA), 400 Seventh

Street, SW., Washington, D.C. 20590.

Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the Government Printing Office’s

Electronic Bulletin Board Service at

(202) 512–1661. Internet users may

reach the Office of the Federal Register’s

home page at: http://www.nara.gov/

fedreg and the Government Printing

Office’s database at: http://

www.access.gpo.gov/nara.

Background

The MCSIA of 1999 [Pub. L. 106–159,

113 Stat. 1748, December 9, 1999] made

a number of changes to title 49, United

States Code. This document implements

the amendments made by sections 208

and 209, and makes minor technical

changes to 49 CFR 386.72(a).

Section 208 revised the definition of

an imminent hazard in 49 U.S.C.

521(b)(5)(B) to cover ‘‘any condition of

vehicle, employee, or commercial motor

vehicle operations which substantially

increases the likelihood of serious

injury or death if not discontinued

immediately.’’ The previous definition

was ‘‘any condition of vehicle,

employee, or commercial motor vehicle

operations which is likely to result in

serious injury or death if not

discontinued immediately.’’ In order to

implement the new standard, 49 CFR

386.72(b)(1) is being amended. In

addition, references to Federal Highway

Administration (FHWA) personnel in

that paragraph are being changed to list

the appropriate officials of the FMCSA.

Section 209 amended the definition of

household goods by revising paragraph

(A) of 49 U.S.C. 13102(10). The new

version provides that ‘‘(10) Household

goods.—The term ‘household goods,’ as

used in connection with transportation,

means personal effects and property

used or to be used in a dwelling, when

a part of the equipment or supply of

such dwelling, and similar property if

the transportation of such effects or

property is—(A) arranged and paid for

by the householder, except such term

does not include property moving from

a factory or store, other than property

that the householder has purchased

with the intent to use in his or her

dwelling and is transported at the

request of, and the transportation

charges are paid to the carrier by, the

householder.’’ The previous text of

paragraph (A) read: ‘‘(A) arranged and

paid for by the householder, including

transportation of property from a factory

or store when the property is purchased

by the householder with intent to use in

his or her dwelling.’’ To make the new

definition applicable, 49 CFR

375.1(b)(1) is being amended.

Finally, 49 CFR 386.72(a) is being

amended to substitute references to the

appropriate FMCSA officials for the

FHWA officials previously listed there,

and to conform the language of the

paragraph more closely to the applicable

definition of imminent hazard [49

U.S.C. 5102(5)]. This definition is not

identical to the imminent hazard

definition applicable to § 386.72(b) [i.e.,

49 U.S.C. 521(b)(5)(B)].

Rulemaking Analyses and Notices

These amendments make regulatory

changes to implement two amendments

enacted by Congress; to update

references to FHWA functions now

exercised by the FMCSA; and to

conform the language of § 386.72(a)

more closely to the underlying statute.

Public comments are unnecessary and

could not change the substance of these

amendments, since all of the changes

being made today are required by

statute. The FMCSA therefore finds

good cause pursuant to 5 U.S.C. 553(b)

to promulgate these amendments

without prior notice and opportunity for

comment.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FMCSA has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866. The agency has also

determined that this action is not a

significant regulatory action under the

DOT’s regulatory policies and

procedures. These technical

amendments are ministerial in nature.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), the

FMCSA has evaluated the effects of this

rule on small entities and has

determined that it will not have a

significant economic impact on a

substantial number of small entities.

Unfunded Mandates Reform Act of

1995

This rule does not impose a Federal

mandate resulting in the expenditure by

State, local and tribal governments, in

the aggregate, or by the private sector, of

$100 million or more in any one year (2

U.S.C. 1531 et seq.).

Executive Order 12988 (Civil Justice

Reform)

This action 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.

Executive Order 13045 (Protection of

Children)

We have analyzed this action 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