Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations 66933

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–221),

we offer to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

Small entities may contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

and participating in this rulemaking. We

also have a point of contact for

commenting on actions by employees of

the Coast Guard. Small businesses may

send comments on the actions of

Federal employees who enforce, or

otherwise determine compliance with

Federal regulations to the Small

Business and Agriculture Regulatory

Enforcement Ombudsman and the

Regional Small Business Regulatory

Fairness Boards. The Ombudsman

evaluates these actions annually and

rates each agency’s responsiveness to

small business. If you wish to comment

on actions by employees of the Coast

Guard, call 1–888–REG–FAIR (1–888–

734–3247).

Collection of Information

This rule calls for no new collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those unfunded mandate

costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

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 safety

that may disproportionately affect

children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined under figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.1C, that this rule is

categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. From November 2, 2000 to January

25, 2001, § 117.261(qq) is suspended

and a new paragraph (uu) is added to

read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Marys River to Key Largo.

* * * * *

(uu) Jewfish Creek, mile 1134, Key

Largo. The draw may operate on single

leaf with one-hour advance notice from

November 2, 2000 until January 25,

2001 unless twelve hours advance

notice for a double leaf opening is

provided to the bridge tender.

Dated: October 27, 2000.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting.

[FR Doc. 00–28647 Filed 11–7–00; 8:45 am]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–237]

Drawbridge Operation Regulations:

Kennebec River, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations for the Carlton Bridge, mile

14.0, across the Kennebec River between

Bath and Woolwich, Maine. This

deviation from the regulations allows

the bridge owner to require at least a

one-hour advance notice for bridge

openings from 7:30 a.m. to 4:30 p.m.,

Monday through Friday, October 11,

2000 through November 15, 2000. This

action is necessary to facilitate the

safety of construction workers

performing rehabilitation construction

at the bridge.

DATES: This deviation is effective from

October 11, 2000, through November 15,

2000.

FOR FURTHER INFORMATION CONTACT: John

McDonald, Project Officer, First Coast

Guard District, at (617) 223–8364.

SUPPLEMENTARY INFORMATION: The

Carlton Bridge, at mile 14.0, across the

Kennebec River has a vertical clearance

in the closed position of 10 feet at mean

high water and 16 feet at mean low

water. The existing drawbridge

operating regulations are listed at 33

CFR 117.525.

The bridge owner, Maine Department

of Transportation (MDOT), requested a

temporary deviation from the

drawbridge operating regulations to

facilitate the safety of construction

workers performing rehabilitation

repairs at the bridge. Sufficient time is

needed to activate the operating

machinery, and clear the bridge of

construction workers and construction

equipment.

This deviation to the operating

regulations allows the owner of the

Carlton Bridge to require at least a onehour advance notice for bridge

openings, from 7:30 a.m. to 4:30 p.m.,

Monday through Friday, October 11,

2000, through November 15, 2000.

The bridge owner did not provide the

required thirty-day notice to the Coast

Guard for this deviation; however, this

deviation was approved because the

repairs are necessary in order to keep

the bridge operating and prevent an

66934 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Rules and Regulations

unscheduled closure due to component

failure.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: October 23, 2000.

Gerald M. Davis,

Captain, U.S. Coast Guard, Acting

Commander, First Coast Guard District.

[FR Doc. 00–28646 Filed 11–7–00; 8:45 am]

BILLING CODE 4910–15–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0, 1, and 64

[CC Docket No. 94–129; FCC 00–135]

Implementation of the Subscriber

Carrier Selection Changes Provisions

of the Telecommunications Act of

1996; Policies and Rules Concerning

Unauthorized Changes of Consumers

Long Distance Carriers

AGENCY: Federal Communications

Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: This document announces the

effective date of the amendments to

certain liability rules in our slamming

proceeding. We believe these

modifications will strengthen the

deterrent effect of our slamming liability

rules, while addressing concerns raised

with respect to the previous

administrative procedures. The First

Order on Reconsideration was

published in the Federal Register on

August 3, 2000. Some of the rules

contained information collection

requirements.

DATES: Sections 1.719(a) through (d),

64.1110(a) and (b), 64.1140(a) and (b),

64.1150(a) through (d), 64.1160(b)

through (f), and 64.1170(b) through (f)

published at 65 FR 47678 (August 3,

2000), were approved by the Office of

Management and Budget (OMB) on

October 3, 2000 and will become

effective on November 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Michele Walters or Dana WaltonBradford, Accounting Policy Division,

Common Carrier Bureau, (202) 418–

7400, TTY: (202) 418–0484.

SUPPLEMENTARY INFORMATION: On May 3,

2000, the Commission released a First

Order on Reconsideration (Order), 65 FR

47678 (August 3, 2000), that adopted

revised slamming liability rules,

granting in part petitions for

reconsideration of our Section 258

Order, 64 FR 7763 (February 16, 1999).

Specifically, the revised rules provide

that slamming disputes between

consumers and unauthorized carriers

may be brought before appropriate state

commissions or this Commission, in

cases where the state has not opted to

administer our rules, rather than before

authorized carriers. The Commission

also modified the liability rules that

apply when a consumer has paid

charges to a slamming carrier. In such

instances, our new rules require

slamming carriers to pay 150% of the

collected charges to the authorized

carrier, which, in turn, will pay the

consumer 50% of his or her original

payment. Finally, the Commission sets

forth certain notification requirements

to facilitate carriers’ compliance with

the liability rules. The Commission

believes these modifications will

strengthen the deterrent effect of the

slamming liability rules, while

addressing concerns raised with respect

to the previous administrative

procedures. A summary of the Order

was published in the Federal Register.

See 65 FR 47678 (August 3, 2000). Some

of the rules contained information

collection requirements that required

OMB approval. On October 3, 2000,

OMB approved the information

collections. See OMB No. 3060–0787.

The rule amendments adopted by the

Commission in the Order will take effect

on November 28, 2000. This publication

satisfies the statement in the Order that

the Commission would publish a

document in the Federal Register

announcing the effective date of the

rules.

List of Subjects

47 CFR Part 0

Classified information, Freedom of

information, Reporting and

recordkeeping.

47 CFR Part 1

Administrative practice and

procedure, Communications common

carriers, Telecommunications.

47 CFR Part 64

Communications common carriers,

Reporting and recordkeeping

requirements, Telephone.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–28607 Filed 11–7–00; 8:45 am]

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