Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 91

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, D.C. 20037.

Additionally, Channel 289A can be

allotted to Tell City, Indiana, in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

12.0 kilometers (7.5 miles) south in

order to avoid short-spacings Station

WASE(FM), Channel 288A, Fort Knox,

Kentucky, and to the licensed and

application sites of Station WQNF(FM),

Channel 290A, Valley Station,

Kentucky. The coordinates for Channel

289A at Tell City are North Latitude 37–

51–12 and West Longitude 86–43–14.

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. 94–32274 Filed 12–30–94; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 94–143]

Television Broadcasting Services:

Albion, Nebraska

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document proposes to

allot television Channel 24 to Albion,

Nebraska, in order to permit Citadel

Communications Co., Inc. to amend its

pending application (File No. BPCT930726KH) for Channel 18 in Albion to

specify Channel 24 without loss of cutoff protection. This would enable the

FCC to grant both this application and

the mutually exclusive application for

Channel 18 filed by Fant Broadcasting

of Nebraska, Inc. (File No.BPCT–

931115KF). In the event any party

expresses an interest in applying for a

UHF channel in Albion, the FCC is

prepared to allot Channel 40 to

accommodate this interest. The

reference coordinates for Channel 24 at

Albion, Nebraska, are 41–55–48 and 98–

17–23.

DATES: Comments must be filed on or

before February 13, 1995, and reply

comments filed on or before February

28, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau (202)

634–6530.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making in MM Docket

No. 94–143, adopted December 1, 1994,

and released December 5, 1994. The full

text of this Commission action is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

m Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, (202) 857–3800,

2100 M Street, NW, Suite 140,

Washington, D.C., 20037.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

John A. Karousos,

Acting Chief, Allocations Branch, Policy and

Rules Division, Mass Media Bureau.

[FR Doc. 94–32275 Filed 12–30–94; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 390, 391, 392, and 396

[FHWA Docket No. MC–89–5]

RIN 2125–AC27

Weight Threshold Adjustment for

Commercial Motor Vehicles

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Withdrawal of advance notice of

proposed rulemaking; closing of public

docket.

SUMMARY: The FHWA is withdrawing its

advance notice of proposed rulemaking

(ANPRM) addressing the commercial

motor vehicle weight threshold for the

applicability of the Federal Motor

Carrier Safety Regulations (FMCSRs).

The comments received in response to

the ANPRM provided no significant

evidence to support amending the

current regulations. The definition of

‘‘commercial motor vehicle’’ will

remain unchanged.

FOR FURTHER INFORMATION CONTACT: Mr.

Jeffrey J. Van Ness, Office of Motor

Carrier Standards, (202) 366–2981, or

Mr. David Sett, Office of the Chief

Counsel, (202) 366–0834, Federal

Highway Administration, Department of

Transportation, 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

legal Federal holidays.

SUPPLEMENTARY INFORMATION: On

February 17, 1989, the FHWA published

an ANPRM in which comments were

requested on whether the FHWA should

continue to use its current gross vehicle

weight rating (GVWR) criterion in the

definition of ‘‘commercial motor

vehicle’’ found in 49 CFR 390.5 of the

FMCSRs. 54 FR 7224. The FMCSRs

apply to vehicles in interstate commerce

having a GVWR or a gross combination

weight rating (GCWR) of greater than

10,000 pounds (as well as certain

vehicles transporting passengers and

hazardous materials not addressed in

the ANPRM). Comment was also sought

on weight thresholds under State law.

The ANPRM was issued expressly in

response to a petition from the Delaware

Department of Public Safety asking that

State laws and regulations which apply

only to commercial motor vehicles

(CMVs) having a GVWR or a GCWR in

excess of 26,000 pounds be considered

compatible with the FMCSRs for

purposes of the Motor Carrier Safety

Assistance Program (MCSAP). Federal

grant funds under MCSAP may be

withheld from States with incompatible

laws affecting either interstate or

intrastate commerce.

The FHWA posed various questions

in the ANPRM in regard to changing the

weight criterion, including whether the

threshold should be raised and whether

factors other than the GVWR should be

included in the definition of

commercial motor vehicles as found in

49 CFR 390.5. Noting the higher

accident rate for vehicles with a GVWR

above 26,000 pounds than for those

below, the FHWA further stated it was

particularly interested in receiving

accident and enforcement data from the

various States and local governments,

some of which apply the higher

threshold. The FHWA also requested

that commenters submit any other

information available concerning the