Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations 19663

1Former section 10731(e) provided that

‘‘[n]otwithstanding any other provision of this

subtitle or any other law,’’ including the agency’s

exemption authority, rates for the transportation of

nonferrous recyclable or recycled materials had to

be set at or below levels that would permit the rail

industry to recover its fully allocated costs.

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–7; RM–8732, RM–8845

and MM Docket No. 96–12; RM–8741]

Radio Broadcasting Services; Banks,

Redmond, Sunriver,Corvallis and The

Dalles, OR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of LifeTalk Broadcasting

Association, allots Channel *268C3 to

The Dalles, Oregon, as the community’s

first local noncommercial educational

FM channel. See 61 FR 6336, February

20, 1996. Channel 268C3 can be allotted

to The Dalles in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 20.3 kilometers (12.6

miles) east, at coordinates 45–34–00 NL;

120–55–00 WL, because it does not

require the use of more than

conventional facilities to provide the

entire community with a city-grade 70

dBu signal. At the request of American

Radio Systems License Corp. and

Combined Communications, Inc., the

Commission substitutes Channel 298C1

for Channel 298C2 at Banks, Oregon,

modifies the license of Station KBBTFM to specify operation on the higher

powered channel, substitutes Channel

269C2 for Channel 298C2 at Redmond,

Oregon, and modifies the license of

Station KLRR to specify the alternate

Class C2 channel. See 61 FR 4950,

February 9, 1996. Channel 298C1 can be

allotted to Banks at Station KBBT-FM’s

licensed transmitter site, 45–31–22 NL;

122–45-07 WL. Channel 269C2 can be

allotted to Redmond at Station KLRR’s

licensed transmitter site, 44–04–41 NL;

121–19–57 WL. At the request of

Hurricane Broadcasting, Inc., Channel

224C2 is allotted to Sunriver, Oregon,

without the imposition of a site

restriction, at coordinates 43-52-00 NL;

121–30–00. These allotments were

found to better serve the public interest

than the conflicting one-step upgrade

application of Madgekal Broadcasting,

Inc., licensee of Station KFLY, to

substitute Channel 268C for Channel

268C2 at Corvallis, Oregon, and modify

the station’s license accordingly. The

settlement agreement submitted by

American Radio Systems/Combined

Communications and Madgekal

Broadcasting, Inc., is not approved.

With this action, this proceeding is

terminated.

DATES: Effective May 18, 1998. A filing

window for Channel 224C2 at Sunriver,

Oregon, will not be opened at this time.

Instead, the issue of opening a filing

window for this channel will be

addressed by the Commission in a

subsequent order. However, since the

allotment of Channel *268C3 at The

Dalles, Oregon, has been reserved for

noncommercial educational use,

applications for Channel *268C3 at The

Dalles may be filed and will be

processed in accordance with the cut-off

procedures for noncommercial

educational FM applications.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket Nos. 96–7 and

96–12, adopted March 25, 1998 and

released April 3, 1998. 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.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

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

Allotments under Oregon, is amended

by adding Channel 298C1at Banks,

adding Channel 269C2 at Redmond,

adding Sunriver, Channel 224C2, and

adding Channel *268C3 at The Dalles.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division,Mass Media Bureau.

[FR Doc. 98–10133 Filed 4–20–98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1039

[STB Ex Parte No. 561]

Rail General Exemption Authority—

Nonferrous Recyclables

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (Board) is exempting from

regulation 29 nonferrous recyclable

commodity groups, because their

regulation is unnecessary under the

exemption statute.

EFFECTIVE DATE: These rules are effective

May 21, 1998.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. [TDD for

the hearing impaired: (202) 565–1695.]

SUPPLEMENTARY INFORMATION: In a notice

of proposed rulemaking served May 5,

1997, and published in the Federal

Register on May 16, 1997 (62 FR 27003)

(’97 NPR), we sought comments on

whether to exempt from regulatory

oversight rail transportation of 29

nonferrous recyclable commodity

groups listed at the end of this

document. Comments were filed by the

Association of American Railroads

(AAR), the American Forest and Paper

Association (AF&PA), the Institute of

Scrap Recycling Industries, Inc. (ISRI),

and Joseph C. Szabo, for and on behalf

of United Transportation Union-Illinois

Legislative Board (UTU–IL). Replies

were filed by the AAR and UTU–IL.

Based on the record, we conclude that

the proposed exemption is warranted.

Background

In Rail General Exemption

Authority—Exemption of Nonferrous

Recyclables and Railroad Rates on

Recyclable Commodities, Ex Parte No.

346 (Sub-No. 36), served August 23,

1994, and published in the Federal

Register on August 24, 1994 (59 FR

43529) (’94 NPR), the Interstate

Commerce Commission proposed to

exempt, from all regulation except the

special maximum rate cap of former 49

U.S.C. 10731(e),1 the rail transportation

of 28 nonferrous recyclable commodity

groups. The ’94 NPR was issued in

response to an April 1994 petition filed