D&I Railroad Company-Trackage Rights Exemption-BNSF Railway Company, 20636-20637 [05-7768]

Download as PDF 20636 Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Notices line will be equipped with the PASSKey III+ theft deterrent device. The PASS-Key III+ device will continue to provide protection against unauthorized starting and fueling of the vehicle device. Components of the modified antitheft device include a special ignition key and decoder module. The conventional mechanical code of the key will continue to unlock and release the transmission lever. Before the vehicle can be operated, the key’s electrical code must be recognized and properly decoded by the PASS-Key III+ control module. The ignition key will contain electronics molded into the head of the key. The device’s electronics receive energy from the control module, and upon receipt of the data, the key will calculate a response to the data using secret information and an internal encryption algorithm. The response will then be transmitted back to the vehicle. The controller module translates the radio frequency signal received from the key into a digital signal and compares the received response to an internally calculated value. If the values match, the key is recognized as valid, and a vehicle security password (one of 65,534), is transmitted through a serial data link to the engine control module to enable fuel and starting of the vehicle. If an invalid key code is received, the PASS-Key III+ controller module will send a disable password to the engine control module through the serial data bus, and starting, ignition and fuel will be inhibited. In the event the engine control module does not receive a password signal from the PASS-Key III+ controller, engine operation will remain inhibited. GM also stated that the PASS-Key III+ device has the capability of producing billions of codes, requiring centuries for someone to scan through them to allow theft of a vehicle. GM stated that although its modified antitheft device provides protection against unauthorized starting and fueling of the vehicle, it does not provide any visible or audible indication of unauthorized entry by means of flashing vehicle lights or sounding of the horn. Since the system is fully operational once the vehicle has been turned off, specific visible or audible reminders beyond key removal reminders have not been provided. Based on comparison of the reduction in the theft rates of GM vehicles using a passive theft deterrent device with an audible/visible alarm system to the reduction in theft rates for GM vehicle models equipped with a passive antitheft device without an alarm, GM finds that the lack of an alarm or attention attracting device does not VerDate jul<14>2003 14:54 Apr 19, 2005 Jkt 205001 compromise the theft deterrent performance of a system such as PASSKey III+. The agency has previously agreed with the finding that the absence of a visible or audible alarm has not prevented these antitheft devices from being effective protection against theft. In order to ensure the reliability and durability of the device, GM conducted tests based on its own specified standards. GM provided a detailed list of tests conducted and believes that its device is reliable and durable since the device complied with its specified requirements for each test. The tests conducted included high and low temperature storage, thermal shock, humidity, frost, salt fog, flammability, altitude, drop, shock, random vibration, dust, potential contaminants, connector retention/strain relief, terminal retention, connector insertion, crush, ice, immersion and tumbling. Additionally, GM stated that the design and assembly processes of the PASSKey III+ device and components are validated for a vehicle life of 10 years and 150,000 miles of performance. GM compared its MY 2006 antitheft device with devices which NHTSA has already determined to be as effective in reducing and deterring motor vehicle theft as would compliance with the parts-marking requirements. To substantiate its beliefs as to the effectiveness of the new device, GM compared the MY 2006 modified device to its ‘‘PASS-Key’’-like systems. GM indicated that the theft rates, as reported by the Federal Bureau of Investigation’s National Crime Information Center, are lower for GM models equipped with the ‘‘PASS-Key’’-like systems which have exemptions from the parts-marking requirements of 49 CFR part 541, than the theft rates for earlier models with similar appearance and construction which were parts-marked. Based on the performance of the PASS-Key, PASSKey II, and PASS-Key III systems on other GM models, and the advanced technology utilized by the modification, GM believes that the MY 2006 modified antitheft device will be more effective in deterring theft than the parts-marking requirements of 49 CFR part 541. On the basis of this comparison, GM stated the antitheft device (PASS-Key III+) for model years 2006 and later will provide essentially the same functions and features as found on its MY 1996– 2005 ‘‘PASS-Key’’-like devices and therefore, its modified device will provide at least the same level of theft prevention as parts-marking. GM believes that the antitheft device proposed for installation on its MY 2006 Chevrolet Impala/Monte Carlo vehicle line is likely to be as effective in PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 reducing thefts as compliance with the parts-marking requirements of part 541. The agency has evaluated GM’s MY 2006 petition to modify the exemption for the Chevrolet Impala/Monte Carlo vehicle line from the parts-marking requirements of 49 CFR part 541, and has decided to grant it. It has determined that the PASS-Key III+ system is likely to be as effective as parts-marking in preventing and deterring theft of these vehicles, and therefore qualifies for an exemption under 49 CFR part 543. The agency believes that the modified device will continue to provide four of the five types of performance listed in Section 543.6(b)(3): promoting activation; preventing defeat or circumventing of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. NHTSA suggests that if the manufacturer contemplates making any changes the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Issued on: April 14, 2005. Stephen R. Kratzke, Associate Administrator for Safety Performance Standards. [FR Doc. 05–7814 Filed 4–19–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34685] D&I Railroad Company—Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF), pursuant to supplemental agreement Nos. 1 and No. 2 entered into between BNSF and D&I Railroad Company (D&I), has agreed to grant certain nonexclusive trackage rights to D&I over BNSF’s rail line between milepost 145.91 and milepost 145.45 on BNSF’s Corson Subdivision, as well as between milepost 0.0 and milepost 1.09 on BNSF’s Madison Subdivision, in Sioux Falls, SD, a total distance of approximately 1.55 miles. D&I will operate its own trains with its own crews over the trackage. The purpose of the trackage rights is to provide D&I with a route to replace trackage being removed in connection with a redevelopment project by the City of Sioux Falls. E:\FR\FM\20APN1.SGM 20APN1 Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Notices D&I indicates that consummation of this transaction was scheduled to occur on or after April 7, 2005. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). 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. 34685, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Jack Parliament, P.O. Box 5829, Sioux Falls, SD 57117–5829. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: April 12, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–7768 Filed 4–19–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Departmental Offices; Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting VerDate jul<14>2003 14:54 Apr 19, 2005 Jkt 205001 will be held at the Hay-Adams Hotel, 16th and Pennsylvania Avenue, NW., Washington, DC, on May 3, 2005 at 2:45 p.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Bond Market Association (‘‘Committee’’) The agenda for the meeting provides for a charge by the Secretary of the Treasury or his designate that the Committee discuss particular issues, and a working session. Following the working session, the Committee will present a written report of its recommendations. The meeting will be closed to the public, pursuant to 5 U.S.C. App. 2, § 10(d) and Pub. L. 103– 202, § 202(c)(1)(B)(31 U.S.C. 3121 note). This notice shall constitute my determination, pursuant to the authority placed in heads of agencies by 5 U.S.C. App. 2, § 10(d) and vested in me by Treasury Department Order No. 101–05, that the meeting will consist of discussions and debates of the issues presented to the Committee by the Secretary of the Treasury and the making of recommendations of the Committee to the Secretary, pursuant to Pub. L. 103–202, section 202(c)(1)(B). Thus, this information is exempt from disclosure under that provision and 5 U.S.C. 552b(c)(3)(B). In addition, the meeting is concerned with information that is exempt from disclosure under 5 U.S.C. 552b(c)(9)(A). The public interest requires that such meetings be closed to the public because the Treasury Department requires frank and full advice from representatives of the financial community prior to making its final decisions on major financing operations. Historically, this advice has been offered by debt management advisory committees established by the several major segments of the financial community. When so utilized, such a PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 20637 committee is recognized to be an advisory committee under 5 U.S.C. App. 2, § 3. Although the Treasury’s final announcement of financing plans may not reflect the recommendations provided in reports of the Committee, premature disclosure of the Committee’s deliberations and reports would be likely to lead to significant financial speculation in the securities market. Thus, this meeting falls within the exemption covered by 5 U.S.C. 552b(c)(9)(A). Treasury staff will provide a technical briefing to the press on the day before the Committee meeting, following the release of a statement of economic conditions, financing estimates and technical charts. This briefing will give the press an opportunity to ask questions about financing projections and technical charts. The day after the Committee meeting, Treasury will release the minutes of the meeting, any charts that were discussed at the meeting, and the Committee’s report to the Secretary. The Office of Debt Management is responsible for maintaining records of debt management advisory committee meetings and for providing annual reports setting forth a summary of Committee activities and such other matters as may be informative to the public consistent with the policy of 5 U.S.C. § 552(b). The Designated Federal Officer or other responsible agency official who may be contacted for additional information is Jeff Huther, Director, Office of Debt Management, at (202) 622–1868. Dated: April 13, 2005. Timothy Bitsberger, Assistant Secretary, Financial Markets. [FR Doc. 05–7841 Filed 4–19–05; 8:45 am] BILLING CODE 4810–25–M E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Notices]
[Pages 20636-20637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7768]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34685]


D&I Railroad Company--Trackage Rights Exemption--BNSF Railway 
Company

    BNSF Railway Company (BNSF), pursuant to supplemental agreement 
Nos. 1 and No. 2 entered into between BNSF and D&I Railroad Company 
(D&I), has agreed to grant certain non-exclusive trackage rights to D&I 
over BNSF's rail line between milepost 145.91 and milepost 145.45 on 
BNSF's Corson Subdivision, as well as between milepost 0.0 and milepost 
1.09 on BNSF's Madison Subdivision, in Sioux Falls, SD, a total 
distance of approximately 1.55 miles. D&I will operate its own trains 
with its own crews over the trackage.
    The purpose of the trackage rights is to provide D&I with a route 
to replace trackage being removed in connection with a redevelopment 
project by the City of Sioux Falls.

[[Page 20637]]

    D&I indicates that consummation of this transaction was scheduled 
to occur on or after April 7, 2005.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). 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. 34685, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Jack Parliament, P.O. Box 5829, 
Sioux Falls, SD 57117-5829.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 12, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-7768 Filed 4-19-05; 8:45 am]
BILLING CODE 4915-01-P
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