54820 Federal Register / Vol. 62, No. 204 / Wednesday, October 22, 1997 / Proposed Rules

Berlin to North Conway, NH, as the

community’s first local aural

transmission service, and the

modification of Station WPKQ’s license

accordingly. Channel 279C can be

allotted to North Conway, at Station

WPKQ’s presently licensed transmitter

site, at coordinates 44–16–14 North

Latitude and 71–18–15 West Longitude,

which will maintain the presently

grandfathered short-spacings to Station

WKNE-FM, Channel 279B, Keene, NH,

as well as to both the allotment

reference coordinates for Channel 279D

and proposed new station on Channel

279A at Montreal, Quebec, Canada, and

the station on Channel 279A at

Kahnawake, Quebec, Canada. Canadian

concurrence in this allotment is

required since North Conway is located

within 320 kilometers (200 miles) of the

U.S.-Canadian border.

DATES: Comments must be filed on or

before December 1, 1997, and reply

comments on or before December 16,

1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: John Griffith Johnson, Jr.,

Paul, Hastings, Janofsky & Walker LLP,

1299 Pennsylvania Avenue, NW, Tenth

Floor, Washington, DC. 20004–2400

(Counsel to petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket

No.97–216, adopted October 1, 1997,

and released October 10, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–27945 Filed 10–21–97; 8:45 am]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[STB Ex Parte No. 564]

Service Obligations Over Excepted

Track

AGENCY: Surface Transportation Board.

ACTION: Withdrawal of proposed rule

and notice of availability of policy

statement.

SUMMARY: In a notice of proposed

rulemaking published at 62 FR 24896

(May 7, 1997), the Board sought

comments on the circumstances under

which it should require a railroad to

operate over excepted track that does

not meet Federal Railroad

Administration (FRA) Class 1 track

safety standards, and that the operating

railroad deems to be unsafe. After

reviewing the comments, the Board has

decided not to issue rules, but instead

to issue a policy statement declaring

that the Board will continue the current

practice of evaluating railroad service

issues on a case-by-case basis. In

evaluating carrier claims that track is

embargoed for safety reasons, the Board

will consult with the FRA.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 565–1600.

(TDD for the hearing impaired: (202)

565–1695.)

SUPPLEMENTARY INFORMATION: The

Board’s policy statement may be

reviewed at the Board’s offices and is

available to all persons for a charge by

phoning D.C. NEWS & DATA, INC., at

(202) 289–4357.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: October 8, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–27971 Filed 10–21–97; 8:45 am]

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