Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Proposed Rules 38787

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–116; RM–9281]

Radio Broadcasting Services; Lovell,

WY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Windy

Valley Broadcasting proposing the

allotment of Channel 296C at Lovell,

Wyoming, as the community’s first local

aural transmission service. Channel

296C can be allotted to Lovell in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

25.4 kilometers (15.8 miles) south at

petitioner’s requested site. The

coordinates for Channel 296C at Lovell

are North Latitude 44–36–23 and West

Longitude 108–23–30.

DATES: Comments must be filed on or

before August 31, 1998, and reply

comments on or before September 15,

1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: A. Wray Fitch, III, Esq.,

Gammon & Grange, P.C., 8280

Greensboro Drive, McLean, Virginia

22102–3807( Counsel for Petitioner).

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.

98–116, adopted July 1, 1998, and

released July 10, 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.

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. 98–19303 Filed 7–17–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–112, RM–9027, RM–

9268]

Radio Broadcasting Services;

Anniston and Ashland, AL, College

Park, Covington and Milledgeville, GA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on two mutually exclusive

petitions. Preston W. Small, licensee of

Station WLRR, Channel 264A,

Milledgevile, GA, requests the

substitution of Channel 264C3 for

Channel 264A, the reallotment of

Channel 264C3 from Milledgeville to

Covington, GA, as the community’s

second local aural and first local FM

service, and the modification of Station

WLRR’s license to specify Covington as

its community of license. WNNX

License Investment Co., licensee of

Station WHMA, Channel 263C,

Anniston, AL, requests the substitution

of Channel 263C3 for Channel 263C and

its reallotment to College Park, GA, as

the community’s first local aural

service, and the modification of Station

WHMA’s license accordingly. In

addition, WNNX requests that Channel

261C3 be allotted to Anniston as the

community’s fifth local aural service

and that Channel 264A be allotted to

Ashland, AL, as the community’s

second local FM service.

DATES: Comments must be filed on or

before August 31, 1998, and reply

comments on or before September 15,

1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioners, or their counsel or

consultants, as follows: Timothy E.

Welch, Hill & Welch, 1330 New

Hampshire Avenue, NW, Suite 113,

Washington, DC 20036 (Counsel to

Small); Mark N. Lipp, Ginsburg,

Feldman & Bress, 1250 Connecticut

Avenue, NW, Washington, DC 20036

(Counsel to WNNX).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: Channel

264C3 can be allotted to Covington in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

16.3 kilometers (10.2 miles) southeast,

at coordinates 33–28–34 NL; 83–45–34

WL, to avoid a short-spacing to Station

WUSY, Channel 264C, Cleveland,

Tennessee and to accommodate

petitioner’s desired transmitter site.

Channel 263C3 can be allotted to

College Park with a site restriction of

12.0 kilometers (7.5 miles) northwest, at

coordinates 33–45–32 NL; 84–30–10

WL, to accommodate petitioner’s

desired transmitter site, Channel 261C3

can be allotted to Anniston with a site

restriction of 3.0 kilometers (1.9 miles)

north, at coordinates 33–40–51; 85–48–

56, to avoid a short-spacing to Station

WDXX, Channel 261C2, Selma,

Alabama, and Channel 264A can be

allotted to Ashland with a site

restriction of 5.9 kilometers (3.7 miles)

south, at coordinates 33–13–15; 85–49–

35, to avoid a short-spacing to Station

WUSY, Cleveland, Tennessee.

This is a synopsis of the

Commission’s Notice of Proposed Rule

Making, MM Docket No. 98–112,

adopted July 1, 1998, and released July

10, 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.

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.
38788 Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Proposed Rules

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. 98–19300 Filed 7–17–98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 385

[FHWA Docket No. FHWA–98–3639]

RIN 2125–AE37

Safety Fitness Procedures

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Advance notice of proposed

rulemaking (ANPRM); request for

comments.

SUMMARY: On November 6, 1997, the

FHWA published a final rule

incorporating the safety fitness rating

methodology (SFRM) into 49 CFR 385 as

appendix B. In that document the

FHWA identified its ultimate goal as

creating a more performance-based

means of determining the fitness of

carriers to conduct commercial motor

vehicle (CMV) operations in interstate

commerce. The final rule announced

that the FHWA would publish an

ANPRM shortly which would request

comments on the future evolution of a

rating system that could be used both in

making safety fitness determinations

and meeting the demands of shippers,

insurers and other present and potential

users interested in evaluating motor

carrier performance. Since the final rule,

legislation was enacted that

substantially heightens the importance

of unsatisfactory ratings. Accordingly, at

this time the FHWA is seeking

comments and supporting data on what

issues should be considered in

constructing a rating system for the

future.

DATES: Comments must be received on

or before September 18, 1998.

ADDRESSES: Submit written, signed

comments to the docket number that

appears in the heading of this document

to the Docket Clerk, U.S. DOT Dockets,

Room PL–401, 400 Seventh Street, SW.,

Washington, DC 20590. All comments

received will be available for

examination at the above address

between 10 a.m. and 5 p.m., e.t.,

Monday through Friday, except Federal

holidays. Those desiring notification of

receipt of comments must include a selfaddressed, stamped envelope or

postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

William C. Hill, Office of Motor Carrier

Research and Standards, (202) 366–

4009, or Mr. Charles Medalen, Office of

the Chief Counsel, (202) 366–1354,

Federal Highway Administration, 400

Seventh Street, SW., Washington, D.C.

20590, Office hours are from 7:45 a.m.

to 4:15 p.m., e.t., Monday through

Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

Internet users can access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL):

http://dms.dot.gov. It is available 24

hours each day, 365 days each year.

Please follow the instructions online for

more information and help.

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the Federal Register Electronic Bulletin

Board Service at (202) 512–1661.

Internet users may reach the Federal

Register’s home page at: http://

www.nara.gov/nara/fedreg and the

Government Printing Office’s database

at: http//www.access.gpo.gov/suldocs.

Background

Safety ratings for interstate motor

carriers have been in use by the

Department of Transportation (DOT)

since 1966 when Congress transferred

the responsibility for regulating motor

carrier safety to the Department from the

Interstate Commerce Commission (ICC).

Congress delegated the authority to

regulate qualifications and maximum

hours-of-service of drivers, and the

safety of operations and equipment of

motor carriers in interstate commerce to

the FHWA, an operating administration

of the DOT. Pub. L. 89–670, § 6(f)(3)(B),

Oct. 15, 1966, 80 Stat. 940, repealed and

recodified by Pub. L. 97–449, Jan. 12,

1983, 96 Stat. 2415, 49 U.S.C. 104(c).

Section 215 of the Motor Carrier Safety

Act (MCSA) of 1984 (Pub. L. 98–554, 98

Stat. 2844, 49 U.S.C. 31144) required the

Secretary of Transportation to prescribe

by regulation procedures for

determining the safety fitness of owners

and operators of CMVs in interstate

commerce, including those seeking new

or additional operating authority from

the ICC. It also stated that ‘‘rules

adopted under this section shall

supersede all Federal rules regarding

safety fitness and safety rating of motor

carriers in effect on the date of

enactment of this Act.’’ The final rule

implementing the new safety fitness

procedures mandated by the MCSA of

1984 became effective in 1989 (53 FR

50968, Dec. 19, 1988, 49 CFR Part 385).

The procedures and rating methodology

implementing the 1989 final rule were

recently modified in a rulemaking

concluding in a final rule issued on

November 6, 1997, (62 FR 60035). This

action was necessitated by a ruling of

the U.S. Court of Appeals for the D.C.

Circuit in MST Express et al. v.

Department of Transportation (FHWA),

108 F.3d 401 (D.C. Cir. 1997), to the

effect that the rating methodology had

not been adopted through notice and

comment rulemaking as required by the

Administrative Procedure Act (5 U.S.C.

553).

In the Transportation Efficiency Act

for the 21st Century (TEA–21), Pub. L.

105–178, enacted June 9, 1998, Congress

amended 49 U.S.C. 31144 to prohibit

transportation of any property in

interstate commerce by motor carriers

with unsatisfactory ratings, and

provides such carriers 60 days within

which to improve the rating (extendable

another 60 days) before the prohibition

takes effect. This provision will be

incorporated into the current

regulations in a subsequent rulemaking.

Safety Rating System

A safety fitness rating system was first

used by the FHWA to provide safety

information to the ICC to assist in

screening applicants seeking operating

authority. It evolved into a means to

identify motor carriers most likely to

benefit from on-site compliance reviews

(CRs). Presently, safety ratings are made

available to anyone upon request.

Shippers, including governmental

agencies, use the ratings in making

carrier selections and insurers use them

in making decisions regarding coverage.

Safety ratings are developed in part

through an on-site CR of a motor

carrier’s records, operations and, when

available, equipment. The review is

used to assess whether a commercial

motor carrier’s safety management

controls are functioning effectively to

ensure acceptable compliance with

§ 385.5, safety fitness standard. Safety

rating factors are used in determining a

safety rating. Four rating factors relate to

the regulatory requirements of the

Federal Motor Carrier Safety

Regulations (FMCSRs) (general, driver,

operational, vehicle) and one to the

Hazardous Materials Regulations