24518 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–59, adopted April 15, 1998, and

released April 24, 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 Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

The coordinates for Channel 243C1 at

Casper are North Latitude 42–49–13 and

West Longitude 106–17–22; and the

coordinates for Channel 263C1 at Casper

are North Latitude 42–46–05 and West

Longitude 106–21–56.

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. 98–11736 Filed 5–1–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–57, RM–9251]

Radio Broadcasting Services;

Jacksonville and Center, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Robert

W. Shivery requesting the substitution

of Channel 272C2 for Channel 272A at

Jacksonville, Texas, and the

modification of Station KLJT(FM)’s

license to reflect the higher powered

channel. To accommodate the upgrade

at Jacksonville, Shivery also requests the

substitution of Channel 272A for

Channel 263A and the change of

transmitter site for Station KDET(FM) at

Center, Texas, and the modification of

Station KDET(FM)’s license accordingly.

Channel 272C2 and Channel 263A can

be allotted to Jacksonville and Center,

respectively, in compliance with the

Commission’s minimum distance

separation requirements. Channel 272C2

can be allotted to Jacksonville with a

site restriction of 14.4 kilometers (9.0

miles) southeast at coordinates 31–52–

52 NL and 95–09–30 WL. Channel 263A

can be allotted to Center with a site

restriction of 12.6 kilometers (7.8 miles)

southeast at coordinates 31–42–13 NL

and 94–06–05 WL. As requested, we

also propose to modify the license for

Station KLJT(FM) to specify operation

on Channel 272C2. In accordance with

Section 1.420(g) of the Commission’s

Rules, we will not accept competing

expressions of interest for the use of

Channel 272C2 at Jacksonville or

require petitioner to demonstrate the

availability of an additional equivalent

class channel for use by such parties.

DATES: Comments must be filed on or

before June 15, 1998, and reply

comments on or before June 30, 1998.

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: David Tillotson, 4606

Charleston Terrace, NW, Washington,

DC 20007 (Counsel for petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–57, adopted April 15, 1998, and

released April 24, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

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, ITS, 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. 98–11735 Filed 5–1–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–53, RM–9253]

Radio Broadcasting Services; Malvern

and Bryant, AR

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Malvern

Entertainment Corporation, licensee of

Station KBOK-FM, Channel 227A,

Malvern, Arkansas, requesting the

reallotment of Channel 227A from

Malvern to Bryant, Arkansas, and

modification of the license for Station

KBOK-FM to specify Bryant as its

community of license, pursuant to the

provisions of Section 1.420(i) of the

Commission’s Rules. Coordinates used

for Channel 227A at Bryant are 34–30–

30 NL and 92–32–42 WL.

DATES: Comments must be filed on or

before June 15, 1998, and reply

comments on or before June 30, 1998.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows: Jerrold

Miller, Esq., Miller & Miller, P.C., P.O.

Box 33003, Washington, DC 20033.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–53, adopted April 8, 1998, and
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Proposed Rules 24519

released April 24, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

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 Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 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. 98–11734 Filed 5–1–98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 544

[Docket No. 98–001; Notice 01]

RIN 2127–AH05

Insurer Reporting Requirements; List

of Insurers Required to File Reports

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

SUMMARY: NHTSA proposes to update

its lists in appendices A, B, and C of

part 544 of passenger motor vehicle

insurers that are required to file reports

on their motor vehicle theft loss

experiences. If these revised appendices

are adopted in a final rule, each insurer

included in any of these appendices

must file a report for the 1995 calendar

year not later than October 25, 1998.

Further, as long as they remain listed,

they must submit reports by each

subsequent October 25.

DATES: Comments on this proposed rule

must be received by this agency not

later than July 6, 1998. If this rule is

made final, insurers listed in the

appendices would be required to submit

reports beginning with the one due

October 25, 1998.

ADDRESSES: Comments on this proposed

rule must refer to the docket number

referenced in the heading of this notice,

and be submitted to: Docket Section,

NHTSA, Room 5109, 400 Seventh

Street, SW, Washington, DC 20590.

Docket hours are 9:30 a.m. to 4 p.m.,

Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Ms.

Rosalind Proctor, Office of Planning and

Consumer Programs, NHTSA, 400

Seventh Street, SW, Washington, DC

20590. Ms. Proctor’s telephone number

is (202) 366–0846. Her fax number is

(202) 493–2739.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to 49 U.S.C. 33112, Insurer

reports and information, NHTSA

requires certain passenger motor vehicle

insurers to file an annual report. Each

insurer’s report includes information

about thefts and recoveries of motor

vehicles, the rating rules used by the

insurer to establish premiums for

comprehensive coverage, the actions

taken by the insurer to reduce such

premiums, and the actions taken by the

insurer to reduce or deter theft. Under

the agency’s implementing regulation,

49 CFR part 544, the following insurers

are subject to the reporting

requirements: (1) Those issuers of motor

vehicle insurance policies whose total

premiums account for 1 percent or more

of the total premiums of motor vehicle

insurance issued within the United

States; (2) Those issuers of motor

vehicle insurance policies whose

premiums account for 10 percent or

more of total premiums written within

any one State; and (3) Rental and leasing

companies with a fleet of 20 or more

vehicles not covered by theft insurance

policies issued by insurers of motor

vehicles, other than any governmental

entity.

Pursuant to its statutory exemption

authority, the agency has exempted

smaller passenger motor vehicle

insurers from the reporting

requirements.

A. Small Insurers of Passenger Motor

Vehicles

Section 33112(f)(2) provides that the

agency shall exempt small insurers of

passenger motor vehicles if NHTSA

finds that such exemptions will not

significantly affect the validity or

usefulness of the information in the

reports, either nationally or on a Stateby-State basis. The term ‘‘small insurer’’

is defined in section 33112(f)(1)(A) and

(B) as an insurer whose premiums for

motor vehicle insurance issued directly

or through an affiliate, including

pooling arrangements established under

State law or regulation for the issuance

of motor vehicle insurance, account for

less than 1 percent of the total

premiums for all forms of motor vehicle

insurance issued by insurers within the

United States. However, that section

also stipulates that if an insurance

company satisfies this definition of a

‘‘small insurer,’’ but accounts for 10

percent or more of the total premiums

for all motor vehicle insurance issued in

a particular State, the insurer must

report about its operations in that State.

As described in the final rule

establishing the requirement for insurer

reports (52 FR 59, January 2, 1987), in

49 CFR part 544, NHTSA exercises its

exemption authority by listing in

appendix A each insurer which must

report because it had at least 1 percent

of the motor vehicle insurance

premiums nationally. Listing the

insurers subject to reporting instead of

each insurer exempted from reporting

because it had less than 1 percent of the

premiums nationally is administratively

simpler since the former group is much

smaller than the latter. In appendix B,

NHTSA lists those insurers that are

required to report for particular states

because each insurer had a 10 percent

or a greater market share of motor

vehicle premiums in those States. In the

January 1987 final rule, the agency

stated that appendices A and B will be

updated annually. It has been NHTSA’s

practice to update the appendices based

on data voluntarily provided by

insurance companies to A.M. Best, and

made available for the agency each

spring. The agency uses the data to

determine the insurers’ market shares

nationally and in each state.

B. Self-insured Rental and Leasing

Companies

In addition, upon making certain

determinations, NHTSA is authorized to

grant exemptions to self-insurers, i.e.,

any person who has a fleet of 20 or more

motor vehicles (other than any

governmental entity) which are used

primarily for rental or lease and which

are not covered by theft insurance

policies issued by insurers of passenger

motor vehicles, 49 U.S.C. 33112(b)(1)

and (f). NHTSA may exempt a selfinsurer from reporting, if the agency

determines: