BG & CM Railroad-Acquisition and Operation Exemption-Great Northwest Railroad, Inc, 39009-39010 [05-13294]

Download as PDF Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices Union safety requirements. Finally, Mr. Nguyen stated that there is strong societal interest in having unique vehicles available for sale and use in the U.S. Mr. Smith indicated that he was against granting of the exemption. First, Mr. Smith suggested that Spyker cars are already being offered for sale in the U.S. Second, Mr. Smith expressed concerns that if Spyker is indeed experiencing economic harm, it would be unable to meet potential obligations related to recalls and early warning notifications. Third, Mr. Smith noted that Spyker has failed to provide proof that the C8 complies with other applicable requirements. VI. The Agency’s Findings Spyker is typical of small volume manufacturers who have received temporary exemptions in the past on hardship grounds. With limited resources, the petitioner developed a high-priced automobile for a specialty market. In evaluating Spyker’s current situation, the agency finds that to require immediate compliance with FMVSS No. 208 and the bumper standard would cause petitioner substantial economic hardship, and could even result in the company going out of business. The agency concludes that the Spyker application for a temporary exemption demonstrates that the company has made a good faith effort to bring the C8 into compliance with applicable air bag and bumper requirements. Spyker has also demonstrated the requisite financial hardship. Traditionally, the agency has found that the public interest is served by affording consumers a wider variety of motor vehicles. In this instance, denial of the petition is likely to put Spyker out of business in the U.S. and cause the company to lose approximately $3,000,000 in potential profits. The term of this exemption will be limited to three years and the agency anticipates that the C8 will be sold in very limited quantities. In total, we anticipate that Spyker will sell not more than 150 vehicles. We anticipate that with the help of revenues derived from U.S. sales, Spyker will be able to introduce a fully compliant vehicle by the time this exemption expires. While we disagree with Mr. Nguyen’s suggestion that compliance with the European Union motor vehicle safety standards means that a vehicle need not meet applicable FMVSSs, we agree that this exemption will have negligible impact on motor vehicles safety because of the limited number of vehicles sold VerDate jul<14>2003 16:35 Jul 05, 2005 Jkt 205001 and because each vehicle is likely to travel on public roads only infrequently. In respect to Mr. Smith’s comments, we first note that a temporary exemption does not excuse vehicle manufacturers from applicable notification and remedy requirements. This is the case with all manufacturers that have previously obtained temporary exemptions on financial hardship grounds. Second, we note that Spyker is not required to show proof that it complies with other applicable requirements. Instead, under 49 U.S.C. Chapter 301, the manufacturers are required to self-certify that their vehicles and equipment meet applicable requirements. Finally, the agency is aware that several Spyker vehicles were temporarily imported in the U.S. for display purposes and for EPA certification. Along with Immigration and Customs Enforcement, the agency has taken appropriate steps to insure that no Spyker vehicles were sold in the U.S. prior to issuing our decision on the petition. Because the Spyker C8 will be manufactured in limited quantities and because each vehicle is likely to be operated only on a limited basis, the agency finds that this exemption will likely have a negligible impact on the overall safety of U.S. highways. The agency notes that the vehicle subject to this petition complies with all applicable Federal motor vehicle safety standards. In consideration of the foregoing, it is hereby found that compliance with the requirements of S4.1.5.3 and S14 of FMVSS No. 208, Occupant crash protection, and 49 CFR Part 581 Bumper Standard would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. It is further found that the granting of an exemption would be in the public interest and consistent with the objectives of traffic safety. In accordance with 49 U.S.C. 30113(b)(3)(B)(i), Spyker C8 is granted NHTSA Temporary Exemption No. EX 05–2, from S4.1.5.3 and S14 of § 571.208 and 49 CFR part 581, Bumper Standard. The exemption shall remain in effect until June 15, 2008. In accordance with 49 U.S.C. 30113(b)(3)(B)(i), not more than 10 Spyker C8 vehicles are exempted from S7 of § 571.108. Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 501.8. Issued on: June 29, 2005. Jeffrey W. Runge, Administrator. [FR Doc. 05–13250 Filed 7–5–05; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 39009 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34713] BG & CM Railroad—Acquisition and Operation Exemption—Great Northwest Railroad, Inc BG & CM Railroad (BG & CM), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 76.2 miles of rail line owned by Great Northwest Railroad, Inc. (GNR) in Nez Perce, Clearwater, and Lewis Counties, ID as follows: (1) From milepost 132.7 east of Lewiston to milepost 61.9 (end of line), at or near Kooskia; (2) from milepost 0.0 at Spalding to milepost 1.0 near Spalding;1 and (3) from milepost 0.0 at Orofino to milepost 3.5 at Konkolville. BG & CM certifies that its projected revenues will not exceed those that would qualify it as a Class III rail carrier, and that its annual revenues will not exceed $5 million. The transaction was expected to be consummated on June 13, 2005, the effective date of the exemption (7 days after the exemption was filed). 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. 34713, 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 Charles H. Montange, 426 NW 162nd St., Seattle, WA 98177. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: June 28, 2005. 1 Pursuant to BG & CM Railroad, Inc.—Exemption from 49 U.S.C. Subtitle IV, STB Finance Docket No. 34399, served Oct. 17, 2003, clarified Camas Prairie Railnet, Inc.—Abandonment—in Lewis, Nez Perce, and Idaho Counties, ID (Between Spalding and Grangeville, ID), STB Docket No. AB–564 (STB served May 3, 2004), BG & CM previously acquired and operated an extension of this segment (milepost 1.0 near Spalding to the end of the line at milepost 66.8 near Grangeville) as a contract carrier. BG & CM’s status as a contract rather than a common carrier between milepost 1.0 and milepost 66.8 will not change as a result of this filing. E:\FR\FM\06JYN1.SGM 06JYN1 39010 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–13294 Filed 7–5–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–254 (Sub-No. 8X)] Providence and Worcester Railroad Company—Abandonment Exemption— in Providence County, RI On June 16, 2005, Providence and Worcester Railroad Company (P&W), filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon approximately 4.79±miles of its lines of railroad, in Providence County, RI. The lines proposed for abandonment include: (1) a portion of P&W’s branch line, known as the East Providence Branch (EP Branch), extending from the switch at milepost 5.53± near Dunnellen Road south to the end of the track at milepost 9.84± near Whipple Avenue in East Providence, a distance of approximately 4.31± miles; and (2) a portion of P&W’s branch line, known as the East Junction Branch (EJ Branch), extending from milepost 0.48± at the north side of Dexter Road south to its connection with the EP Branch at milepost 0.0 north of Waterman Avenue in East Providence, a distance of approximately 0.48± miles. The lines traverse U.S. Postal Service Zip Codes 02914, 02915, and 02916. P&W states that there are no active stations or terminals on the portions of the lines proposed for abandonment. The lines do not contain federally granted rights-of-way. Any documentation in P&W’s possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). By issuance of this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by October 4, 2005. Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,200 filing fee. See 49 CFR 1002.2(f)(25). VerDate jul<14>2003 16:35 Jul 05, 2005 Jkt 205001 All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than July 26, 2005. Each trail use request must be accompanied by a $200 filing fee. See 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB–254 (Sub-No. 8X) and must be sent to: (1) Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001; and (2) Amy Silverstein, Esq., Providence and Worcester Railroad Company, 75 Hammond Street, Worcester, MA 01610; and (3) Edward D. Greenberg, Esq., Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC 20007–4492. Replies to the petition are due on or before July 26, 2005. Persons seeking further information concerning abandonment procedures may contact the Board’s Office of Public Services at (202) 565–1592 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board’s Section of Environmental Analysis (SEA) at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] An environmental assessment (EA) (or environmental impact statement (EIS), if necessary), prepared by SEA, will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: June 29, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–13295 Filed 7–5–05; 8:45 am] BILLING CODE 4915–01–P PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Fiscal Service Financial Management Service; Proposed Collection of Information: Annual Letters—Certificates of Authority (A) and Admitted Reinsurer (B) Financial Management Service, Fiscal Service, Treasury. ACTION: Notice and Request for comments. AGENCY: SUMMARY: The Financial Management Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection. By this notice, the Financial Management Service solicits comments concerning the ‘‘Annual Letters—Certificates of Authority (A) and Admitted Reinsurer (B).’’ Written comments should be received on or before September 6, 2005. DATES: Direct all written comments to Financial Management Service, 3700 East West Highway, Records and Information Management Program Staff, Room 135, Hyattsville, Maryland 20782. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Rose Miller, Surety Bond Branch, 3700 East West Highway, Room 632F, Hyattsville, MD 20782, (202) 874–6850. SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act of 1995, (44 U.S.C. 3506(c)(2)(A)), the Financial Management Service solicits comments on the collection of information described below: Title: Annual Letters—Certificates of Authority (A) and Admitted Reinsurer (B). OMB Number: 1510–0057. Form Number: None. Abstract: This letter is used to collect information from companies to determine their acceptability and solvency to write or reinsure federal surety bonds. Current Actions: Extension of a currently approved collection. Type of Review: Regular. Affected Public: Business or other forprofit. Estimated Number of Respondents: 347. Estimated Time Per Respondent: 39.75 hours. Estimated Total Annual Burden Hours: 13,793. ADDRESSES: E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 39009-39010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13294]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34713]


BG & CM Railroad--Acquisition and Operation Exemption--Great 
Northwest Railroad, Inc

    BG & CM Railroad (BG & CM), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire and operate 
approximately 76.2 miles of rail line owned by Great Northwest 
Railroad, Inc. (GNR) in Nez Perce, Clearwater, and Lewis Counties, ID 
as follows: (1) From milepost 132.7 east of Lewiston to milepost 61.9 
(end of line), at or near Kooskia; (2) from milepost 0.0 at Spalding to 
milepost 1.0 near Spalding;\1\ and (3) from milepost 0.0 at Orofino to 
milepost 3.5 at Konkolville.
---------------------------------------------------------------------------

    \1\ Pursuant to BG & CM Railroad, Inc.--Exemption from 49 U.S.C. 
Subtitle IV, STB Finance Docket No. 34399, served Oct. 17, 2003, 
clarified Camas Prairie Railnet, Inc.--Abandonment--in Lewis, Nez 
Perce, and Idaho Counties, ID (Between Spalding and Grangeville, 
ID), STB Docket No. AB-564 (STB served May 3, 2004), BG & CM 
previously acquired and operated an extension of this segment 
(milepost 1.0 near Spalding to the end of the line at milepost 66.8 
near Grangeville) as a contract carrier. BG & CM's status as a 
contract rather than a common carrier between milepost 1.0 and 
milepost 66.8 will not change as a result of this filing.
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    BG & CM certifies that its projected revenues will not exceed those 
that would qualify it as a Class III rail carrier, and that its annual 
revenues will not exceed $5 million.
    The transaction was expected to be consummated on June 13, 2005, 
the effective date of the exemption (7 days after the exemption was 
filed).
    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. 34713, 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 Charles H. Montange, 426 NW 
162nd St., Seattle, WA 98177.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: June 28, 2005.


[[Page 39010]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-13294 Filed 7-5-05; 8:45 am]
BILLING CODE 4915-01-P