9676 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

ACTION: Final rule.

SUMMARY: This document grants a

Petition for Reconsideration filed by

Colon Johnston directed to the Report

and Order in this proceeding to the

extent of allotting Channel 244C2 to

Walnut Grove, Mississippi. The Report

and Order had dismissed this proposal.

See 63 FR 26993, May 15, 1998. The

reference coordinates for the Channel

244C2 allotment at Walnut Grove,

Mississippi, are 32–42–50 and 89–23–

48. With this action, the proceeding is

terminated.

DATES: Effective March 13, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 97–188. Adopted

January 24, 2001, and released January

26, 2001. The full text of this decision

is available for inspection and copying

during normal business hours in the

FCC Reference Information Center at

Portals 11, CY–A257, 445 12th Street

SW., Washington, DC. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., (202) 857–3805, 1231 M

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:

47 CFR Part 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

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

§ 73.202 [Amended]

Section 73.202(b), the Table of FM

Allotments under Mississippi, is

amended by adding Walnut Grove,

244C2.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–3410 Filed 2–8–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–179, MM Docket Nos. 96–7, 96–12,

RM–8732, RM–8845, RM–8741, File No.

BPH–960206IE]

Radio Broadcasting Services; Banks,

Redmond, Sunriver, Corvallis and The

Dalles, Oregon

AGENCY: Federal Communications

Commission.

ACTION: Final rule; denial.

SUMMARY: This document denies the

petition for reconsideration filed by

Madgekal Broadcasting, Inc., licensee of

Station KFLY, Corvallis, Oregon, as

repetitive and, pursuant to Section

1.429(b) of the rules, as based on facts

not previously presented. It also affirms

the Commission’s Report and Order

granting the upgrade of Station KDBX

(FM), Banks, Oregon, from Channel

298C2 to Channel 298C1, filed by

Common Ground Broadcasting,

superseded by American Radio Systems

License Corp., and subsequently

superseded by CBS, Inc; the substitution

of Channel 269C2 for Channel 298C2 at

Redmond, Oregon; the allotment of

Channel *268C3 at The Dalles filed by

LifeTalk Broadcasting Association; and

the allotment of Channel 224C2 at

Sunriver, Oregon, filed by Hurricane

Broadcasting, Inc. In addition, the

Report and Order denied a settlement

agreement between American Radio

Systems License Corp. and Madgekal

Broadcasting Inc. in which Madgekal

Broadcasting Inc. would accept an

upgrade for Station KFLY(FM),

Corvallis, Oregon, from Channel 268C2

to Channel 268C1 for a payment of

$950,000. The staff also denied

Madgekal Broadcasting Inc.’s competing

proposal filed as a one-step upgrade

application upgrading Station KFLY to

Channel 268C at Corvallis.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket Nos. 96–7, 96–12, adopted

January 24, 2001, and released January

26, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 445 12th Street SW,

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, Provisions of the

Regulatory Flexibility Act of 1980 do

not apply to this proceeding.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–3411 Filed 2–8–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 213

[Docket No. RST–90–1, Notice No. 13]

RIN 2130–AB32

Track Safety Standards; Delay of

Effective Date

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation, (DOT).

ACTION: Final rule and corrections; delay

of effective date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, 66 FR 7702, this

action temporarily delays for 60 days

the effective date of the rule entitled

Track Safety Standards, published in

the Federal Register on January 10,

2001, 66 FR 1894. That rule concerns an

amendment to the Track Safety

Standards which provides procedures

for track owners to use Gage Restraint

Measuring Systems (GRMS) to assess

the ability of their track to maintain

proper gage.

Likewise, this action temporarily

delays for 60 days the effective date of

the document entitled Track Safety

Standards; Correction, published in the

Federal Register on January 31, 2001, 66

FR 8372. This document corrects

inadvertent errors contained in the

above rule.

DATES: The effective date of the final

rule amending 49 CFR part 213

published in the Federal Register on

January 10, 2001, at 66 FR 1894, is

delayed for 60 days, from April 10,

2001, until June 9, 2001. The effective

date of the Corrections to the final rule

amending 49 CFR part 213 published in

the Federal Register on January 31,

2001, at 66 FR 8372 is delayed for 60

days, from April 10, 2001, until June 9,

2001.

FOR FURTHER INFORMATION CONTACT:

Nancy Lummen Lewis, Office of Chief

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9677

Counsel, Federal Railroad

Administration, 1120 Vermont Avenue,

NW., Mail Stop 10, Washington, DC

20590 (telephone: 202–493–6047).

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. section 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C. section

553(b)(A). Alternatively, FRA’s

implementation of this action without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

section 553(b)(B) and 553(d)(3). Seeking

public comment is impracticable,

unnecessary and contrary to the public

interest. The temporary 60-day delay in

effective date is necessary to give

Department officials the opportunity for

further review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this action effective

immediately upon publication.

Issued in Washington, DC on January 31,

2001.

Ray Rogers,

Acting Deputy Administrator.

[FR Doc. 01–3211 Filed 2–8–01; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 390

[Docket Nos. FMCSA–97–2858 and FMCSA–

99–5710]

RINs 2126–AA51 and 2126–A44 [formerly

RINs 2125–E22 and 2125–AE60]

Federal Motor Carrier Safety

Regulations; Definition of Commercial

Motor Vehicle (CMV); Requirements for

Operators of Small PassengerCarrying CMVs; Delay of Effective Date

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001 (66 FR 7702), this

action temporarily delays for 60 days

the effective date of the final rule

entitled ‘‘Federal Motor Carrier Safety

Regulations; Definition of Commercial

Motor Vehicle (CMV); Requirements for

Operators of Small Passenger-Carrying

CMVs,’’ published in the Federal

Register on January 11, 2001, at 66 FR

2756. That rule adopts the statutory

definition of a commercial motor

vehicle (CMV) at 49 U.S.C. 31132; and

amends the Federal Motor Carrier Safety

Regulations to require that motor

carriers operating CMVs designed or

used to transport between 9 and 15

passengers (including the driver) for

compensation file a motor carrier

identification report, mark their CMVs

with a USDOT identification number,

and maintain an accident register.

DATES: The effective date of the final

rule amending 49 CFR part 390

published at 66 FR 2756, January 11,

2001, is delayed for 60 days from

February 12, 2001, until April 13, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Office of Bus and Truck

Standards and Operations (MC-PSV),

(202) 366–4009; or Mr. Charles E.

Medalen, Office of the Chief Counsel

(MC-CC), (202) 366–1354, Federal Motor

Carrier Safety Administration, 400

Seventh Street, SW., Washington, DC

20590.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. 553 applies to this

action, it is exempt from notice and

comment because it constitutes a rule of

procedure under 5 U.S.C. 553(b)(A).

Alternatively, the FMCSA’s

implementation of this action without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

553(b)(B) and 553(d)(3). Seeking public

comment is impracticable, unnecessary

and contrary to the public interest. The

temporary 60-day delay in effective date

is necessary to give Department officials

the opportunituy for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. Given the imminence of the

effective date, seeking prior public

comment on this temporary delay

would have been impracticable, as well

as contrary to the public interest in the

orderly promulgation and

implementation of regulations. The

imminence of the effective date is also

good cause for making this action

effective immediately upon publication.

Dated: February 2, 2001.

Julie Anna Cirillo,

Assistant Administrator and Chief Safety

Officer.

[FR Doc. 01–3210 Filed 2–8–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 611

RIN 2132–AA63

Major Capital Investment Projects;

Partial Stay

AGENCY: Federal Transit Administration

(FTA), DOT.

ACTION: Final rule; partial stay of

effectiveness.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, this action

temporarily stays 49 CFR part 611,

Major Capital Investment Projects,

which was published in the Federal

Register on December 7, 2000, at 65 FR

76864, with an effective date of

February 5, 2001. That rule describes

the procedures that FTA will use in the

New Starts project evaluation and rating

process. This temporary stay will allow

the Department an opportunity for

further consideration of this rule.

DATES: Effective February 5, 2001, 49

CFR part 611 is stayed until April 6,

2001, except for paragraphs (a)(1)(i)–(ii)

and (d) of Appendix A to Part 611,

which will become effective September

1, 2001.

FOR FURTHER INFORMATION CONTACT: For

program issues, John Day, Office of

Policy Development, FTA, (202) 366–

4060. For legal issues, Scott A. Biehl,

Assistant Chief Counsel, FTA, (202)

366–4063.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. section 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C. section

553(b)(A). Alternatively, FTA’s

implementation of this action without

opportunity for public comment,

effective February 5, 2001, is based on

the good cause exceptions in 5 U.S.C.

section 553(b)(B) and 553(d)(3). Seeking

public comment is impracticable,

unnecessary and contrary to the public

interest. The temporary 60-day stay of

the rule is necessary to give Department

officials the opportunity for further