Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations 19057

Network Services Division, Common

Carrier Bureau, (202) 418–2352.

SUPPLEMENTARY INFORMATION: This

summarizes the Commission’s Second

Report and Order in the matter of

Administration of the North American

Numbering Plan, Carrier Identification

Codes (CICs), FCC 97–125, adopted

April 7, 1997, and released April 11,

1997. The file is available for inspection

and copying during the weekday hours

of 9 a.m. to 4:30 p.m. in the

Commission’s Reference Center, room

239, 1919 M St., N.W., Washington D.C.,

or copies may be purchased from the

Commission’s duplicating contractor,

ITS, Inc., 2100 M St., N.W., Suite 140,

Washington, D.C. 20037, phone (202)

857–3800.

Analysis of Proceeding

In the Second Report and Order, the

Commission affirms the tentative

conclusion in the Notice of Proposed

Rulemaking (59 FR 24103, May 10,

1994) that the Feature Group D CIC

expansion plan developed by the

industry is reasonable, and determines

that the transition for the conversion

from three digit to four digit Feature

Group D CICs will end on January 1,

1998. The Commission finds that,

because of the changing circumstances

since the record in this docket closed in

1994, the transition should end as soon

as practicable, and shortening the

originally proposed six-year transition

to a two-year and nine-month transition

will serve the overall pro-competitive

purposes of the Act (by making more

CICs available), as well as the specific

purposes of Sections 251(e) (by ensuring

that numbers are available on an

equitable basis) and 251(b)(3) (by

lessening hardships, consistent with the

duty imposed on all LECs to provide

nondiscriminatory access to telephone

numbers, caused by the conservation

plan’s limiting access to CICs). To lessen

any disadvantage new entrants may

experience during the transition in

particular, the Commission also

modifies the ongoing CIC conservation

plan to allow each entity to have two

CIC assignments. The Commission

determines that shortening the

originally proposed six-year period is

reasonable because the industry has

been aware for some time that

equipment changes (both hardware and

software) to accommodate exclusive use

of four digit CICs would be necessary.

The Commission concludes that ending

the transition on January 1, 1998,

provides a reasonable period for carriers

and equipment owners to reprogram

their switch software or upgrade their

switch hardware and for callers to

become accustomed to the change from

five to seven digit CACs. The

Commission also requires the North

American Numbering Plan (NANP)

administrator, as the entity assigning

CICs, to notify all CIC assignees of the

decision in the Second Report and

Order. Finally, the Commission states

its intention to initiate further

proceedings in this docket in which it

will analyze further all issues related to

CIC use and assignment.

Ordering Clauses

Accordingly, it is ordered, pursuant to

Sections 1, 4(i), 201–205, and 251(e)(1)

of the Communications Act of 1934, as

amended, 47 U.S.C. §§ 151, 154(i), 201–

205, and 251(e)(1), that the Second

Report and Order is hereby adopted.

It is further ordered, that Bellcore, as

the NANP administrator must notify all

CIC assignees of the Commission’s

decision in this Second Report and

Order, consistent with the terms

described herein.

It is further ordered, that Bellcore, as

the NANP administrator must assign

CICs in conformity with the

Commission’s modification to the

conservation plan in this Second Report

and Order.

It is further ordered, that the petition

for rulemaking filed by VarTec Telecom,

Inc. is hereby dismissed in part and

granted in part to the extent contained

herein.

It is further ordered, that the

Commission directs the Common

Carrier Bureau to take further actions

modifying the conservation plan in

response to changes in CIC consumption

under its delegated authority.

It is further ordered, that this Second

Report and Order is effective upon 30

days after publication in the Federal

Register.

List of Subjects

47 CFR Part 52

Local exchange carrier, Numbering,

Telecommunications.

47 CFR Part 64

Communications common carriers,

Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–10083 Filed 4–17–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of

Transportation

49 CFR Part 40

Recognition of Standards Council of

Canada as Laboratory Certification

Entity

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of certification.

SUMMARY: This document announces

that the Department has recognized the

Standards Council of Canada as an

entity authorized to certify (or

‘‘accredit’’) Canadian laboratories to

participate in the Department of

Transportation’s drug testing program.

DATES: This certification is effective on

April 18, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Bernstein, Director, Office of Drug

and Alcohol Policy and Compliance,

Room 10317, 400 7th Street, SW.,

Washington DC 20590 (202) 366–3784;

or Robert C. Ashby, Deputy Assistant

General Counsel for Regulation and

Enforcement, Room 10424, same

address, (202) 366–9306.

SUPPLEMENTARY INFORMATION: The

Department of Transportation’s drug

testing rules (49 CFR 40.39(b)) establish

procedures for the certification of drug

testing laboratories outside the United

States:

(b) Employers subject to this part may also

use laboratories located outside the United

States if—

(1) The Department of Transportation,

based on a written recommendation from

DHHS [the Department of Health and Human

Services] has certified the laboratory as

meeting DHHS laboratory certification

standards or deemed the laboratory fully

equivalent to a laboratory meeting DHHS

laboratory certification standards; or

(2) The Department of Transportation,

based on a written recommendation from

DHHS, has recognized a foreign certifying

organization as having equivalent laboratory

certification standards and procedures to

those of DHHS, and the foreign certifying

organization has certified the laboratory,

pursuant to those equivalent standards and

procedures.

Based on a written recommendation

from the Department of Health and

Human Services, the Department of

Transportation, in a March 20, 1997

letter, recognized the Standards Council

of Canada (SCC) as having equivalent

laboratory certification standards and

procedures to those of DHHS. This

action authorizes SCC to review and

certify Canadian laboratories.

A Canadian laboratory with SCC

accreditation (the term SCC uses as an
19058 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Rules and Regulations

equivalent to the DHHS term

‘‘certification’’) can participate in the

DOT drug testing program on the same

basis as any U.S. laboratory certified by

DHHS. This includes authorization to

test urine samples for U.S., as well as

foreign, drivers and other employees

subject to DOT drug testing rules. At

such time as SCC accredits a Canadian

laboratory, SCC will publish a notice to

this effect in Canada and DHHS will

reference the SCC action in the DHHS

list of certified laboratories.

Issued this 26th Day of March, 1997, at

Washington, D.C.

Mary Bernstein,

Director, Office of Drug and Alcohol Policy

and Compliance.

[FR Doc. 97–9785 Filed 4–17–97; 8:45 am]

BILLING CODE 4910–62–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1312

[STB Ex Parte No. 618]

Regulations for the Publication,

Posting and Filing of Tariffs for the

Transportation of Property by or With

a Water Carrier in the Noncontiguous

Domestic Trade

AGENCY: Surface Transportation Board.

ACTION: Final rules.

SUMMARY: The Board revises its tariff

filing regulations to remove obsolete

provisions, to provide carriers with

additional flexibility to establish

appropriate formats for the filed tariffs

that continue to be required, and to

reflect changes introduced by the ICC

Termination Act of 1995.

EFFECTIVE DATE: These rules are effective

May 18, 1997.

FOR FURTHER INFORMATION CONTACT:

James W. Greene, (202) 565–1578. [TDD

for the hearing impaired: (202) 565–

1695.]

SUPPLEMENTARY INFORMATION: The

Board’s decision adopting these

regulations is available to all persons for

a charge by phoning DC NEWS & DATA,

INC., at (202) 289–4357.

Small Entities

The Board certifies that this rule will

not have a significant economic effect

on a substantial number of small

entities.

Environment

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1312

Motor carriers, Noncontiguous

domestic trade, Tariffs, Water carriers.

Decided: April 4, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board revises part 1312 of

title 49, chapter X, of the Code of

Federal Regulations to read as follows:

PART 1312—REGULATIONS FOR THE

PUBLICATION, POSTING AND FILING

OF TARIFFS FOR THE

TRANSPORTATION OF PROPERTY BY

OR WITH A WATER CARRIER IN

NONCONTIGUOUS DOMESTIC TRADE

Sec.

1312.1 Scope; Definitions.

1312.2 Requirement to publish and file a

tariff.

1312.3 Tariff contents and standards;

Essential criteria.

1312.4 Filing of tariffs.

1312.5 Amendments to tariffs.

1312.6 Advance notice required.

1312.7 STB tariff designation.

1312.8 Identification of tariff publication.

1312.9 Statement of tariff application and

other title page requirements.

1312.10 Notification of tariff changes and

nature of changes.

1312.11 Special notification for ordered

matter.

1312.12 Posting requirements.

1312.13 Furnishing copies of tariff

publications.

1312.14 Powers of attorney and

concurrences.

1312.15 Change of carrier or agent.

1312.16 Substitution of service.

1312.17 Electronic filing of tariffs.

Authority: 49 U.S.C. 721(a), 13702(a),

13702(b) and 13702(d).

§ 1312.1 Scope; Definitions.

(a) Applicability. The provisions of

this part address the requirements in 49

U.S.C. 13702 that carriers subject to the

Board’s jurisdiction under 49 U.S.C.

Chapter 135 and providing

transportation or service for the

movement of property (except bulk

cargo, forest products, recycled metal

scrap, waste paper, and paper waste) by

or with a water carrier in noncontiguous

domestic trade shall publish and file

with the Board tariffs containing the

rates for such transportation.

(b) Exceptions. The provisions of this

part do not apply to:

(1) Any transportation or service

provided by a carrier pursuant to 49

U.S.C. 14101(b); or

(2) The transportation of any cargo or

type of cargo or service which was not

subject to regulation by, or under the

jurisdiction of, either the Federal

Maritime Commission (FMC) or the

Interstate Commerce Commission under

Federal law in effect on November 1,

1995.

(c) Definitions. For the purposes of

this part:

Act means part B of subtitle IV of title

49 of the United States Code.

Agent means a person, association or

corporation authorized to publish and

file rates and provisions on behalf of

one or more carriers in tariffs published

in the agent’s name.

Agent’s tariff means a tariff filed in

the name of an agent.

ATFI means the Automated Tariff

Filing and Information System

maintained by the FMC, a computerbased system for creating, filing,

processing and retrieving tariffs.

Board means the Surface

Transportation Board.

Bound tariff means a tariff consisting

of two or more sheets bound at the left

edge in pamphlet or book form or a

single-sheet tariff.

Carrier means a motor carrier, water

carrier or freight forwarder subject to the

Board’s jurisdiction under 49 U.S.C.

Chapter 135.

Carrier’s tariff means a tariff filed in

the name of a carrier.

Collectively established tariff matter

means a rate, charge, rule or other tariff

provision established pursuant to 49

U.S.C. 13703.

Independently established tariff

matter means any rate, charge, rule or

other tariff provision not established

pursuant to 49 U.S.C. 13703.

Item means a tariff provision of any

kind bearing an item number

designation.

Joint rate means a rate that applies

over the lines or routes of two or more

carriers made by an agreement between

the carriers and effected by a

concurrence or power of attorney.

Joint tariff means a tariff that contains

joint rates or provisions affecting joint

rates.

Local rate means a rate that applies

only to one carrier.

Local tariff means a tariff that

contains local rates or provisions

affecting local rates.

Looseleaf page means a single page

published as part of a new or reissued

looseleaf tariff or as an amendment to

such a tariff.

Looseleaf tariff means a tariff

consisting of looseleaf pages.

Noncontiguous domestic trade means

transportation subject to jurisdiction

under 49 U.S.C. Chapter 135 involving

traffic originating in or destined to

Alaska, Hawaii, or a territory or

possession of the United States.