San Diego & Imperial Valley Railroad Company, Inc.-Lease and Operation Exemption-BNSF Railway Company 1, 10165 [05-3985]

Download as PDF Federal Register / Vol. 70, No. 40 / Wednesday, March 2, 2005 / Notices This notice of receipt of Workhorse’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are a total of approximately 42,524 incomplete motor home chassis built between July 2000 and December 31, 2004. S3.1.4.1 of FMVSS No. 102 requires that if the transmission shift lever sequence includes a park position, identification of shift lever positions * * * shall be displayed in view of the driver whenever any of the following conditions exist: (a) The ignition is in a position where the transmission can be shifted. (b) The transmission is not in park. Workhorse describes its noncompliance as follows: In these vehicles when the ignition key is in the ‘‘OFF’’ position, the selected gear position is not displayed. ‘‘OFF’’ is a position not displayed, but located between lock and run. The gear selector lever can be moved while the ignition switch is in ‘‘OFF.’’ Workhorse believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Workhorse states that: [T]he vehicles will be in compliance with FMVSS No. 102 during normal ignition activation and vehicle operation. Workhorse believes that the purpose of the rule is to provide the driver with transmission position information for the vehicle conditions where such information can reduce the likelihood of shifting errors. This occurs primarily when the engine is running, and Workhorse’s PRNDL is always visible when the engine is running. Should the shift lever be in any position other than park or neutral, the ignition will not start * * * Should the Workhorse vehicle be in neutral at the time the ignition is turned to start, the display will immediately come on and be visible to the driver. There are a number of safeguards to preclude the driver from leaving the vehicle with the vehicle in a position other than in the park position. First, if the driver should attempt to remove the key, the driver will discover that the vehicle is not in park because the key may not be removed. * * * If the driver were to attempt to leave the vehicle without removing the key, the audible warning required by FMVSS No. 114 would immediately sound reminding the driver that the key is still in the vehicle. Workhorse states that this situation is substantially the same as for two petitions which NHTSA granted, one from General Motors (58 FR 33296, June 16, 1993) and the second from Nissan Motors (64 FR 38701, June 19, 1999). Workhorse says, ‘‘In both of those cases, the PRNDL display would not be illuminated if the transmission was left VerDate jul<14>2003 15:00 Mar 01, 2005 Jkt 205001 in a position other than ‘park’ when the ignition key was turned to ‘OFF.’ ’’ Workhorse states that it has no customer complaints or accident reports related to the noncompliance. Interested persons are invited to submit written data, views, and arguments on the petition described above. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL–401, 400 Seventh Street, SW., Washington, DC, 20590–0001. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at https://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to https:// www.regulations.gov. Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: April 1, 2005. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: February 22, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–3991 Filed 3–1–05; 8:45 am] BILLING CODE 4910–59–P PO 00000 10165 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34638] San Diego & Imperial Valley Railroad Company, Inc.—Lease and Operation Exemption—BNSF Railway Company 1 San Diego & Imperial Valley Railroad Company, Inc. (SDIV), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease and operate, pursuant to an agreement with BNSF Railway Company (BNSF), approximately 1.35 miles of BNSF’s permanent and exclusive reserved rail freight service easement located between milepost 19.85, west of Escondido, and at or near milepost 21.2, at the eastern end of the rail corridor in Escondido, in San Diego County, CA. SDIV certifies that its projected annual revenues as a result of this transaction will not result in SDIV’s becoming a Class II rail carrier, and further certifies that its projected annual revenues will not exceed $5 million. The transaction is expected to be consummated on March 1, 2005. If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34638, must be filed with the Surface Transportation Board, 1925 K Street NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Gary A. Laakso, Esq., Vice President Regulatory Counsel, San Diego & Imperial Valley Railroad Company, Inc., 5300 Broken Sound Blvd., NW., Boca Raton, FL 33487, and Louis E. Gitomer, Esq., Of Counsel, Ball Janik LLP, Suite 225, 1455 F Street, NW., Washington, DC 20005. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: February 22, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–3985 Filed 3–1–05; 8:45 am] BILLING CODE 4915–01–P 1 Effective January 20, 2005, the name of ‘‘The Burlington Northern and Santa Fe Railway Company’’ was changed to ‘‘BNSF Railway Company.’’ Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 70, Number 40 (Wednesday, March 2, 2005)]
[Notices]
[Page 10165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3985]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34638]


San Diego & Imperial Valley Railroad Company, Inc.--Lease and 
Operation Exemption--BNSF Railway Company \1\
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    \1\ Effective January 20, 2005, the name of ``The Burlington 
Northern and Santa Fe Railway Company'' was changed to ``BNSF 
Railway Company.''
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    San Diego & Imperial Valley Railroad Company, Inc. (SDIV), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1150.41 to lease and operate, pursuant to an agreement with BNSF 
Railway Company (BNSF), approximately 1.35 miles of BNSF's permanent 
and exclusive reserved rail freight service easement located between 
milepost 19.85, west of Escondido, and at or near milepost 21.2, at the 
eastern end of the rail corridor in Escondido, in San Diego County, CA.
    SDIV certifies that its projected annual revenues as a result of 
this transaction will not result in SDIV's becoming a Class II rail 
carrier, and further certifies that its projected annual revenues will 
not exceed $5 million.
    The transaction is expected to be consummated on March 1, 2005.
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34638, must be filed with the Surface Transportation 
Board, 1925 K Street NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Gary A. Laakso, Esq., Vice 
President Regulatory Counsel, San Diego & Imperial Valley Railroad 
Company, Inc., 5300 Broken Sound Blvd., NW., Boca Raton, FL 33487, and 
Louis E. Gitomer, Esq., Of Counsel, Ball Janik LLP, Suite 225, 1455 F 
Street, NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 22, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-3985 Filed 3-1-05; 8:45 am]
BILLING CODE 4915-01-P

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