The Kansas City Southern Railway Company-Temporary Trackage Rights Exemption-BNSF Railway Company, 41479 [05-14097]
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Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Notices
perceptions and understanding of tire
labeling. Few of the focus group
participants had knowledge of tire
labeling beyond the tire brand name,
tire size, and tire pressure.
The agency believes that the true
measure of inconsequentiality to motor
vehicle safety, in this case, is the effect
of the noncompliance on the operational
safety of vehicles on which these tires
are mounted. Since the tires had more
tread plies than indicated on the
sidewall, the labeling noncompliance
has no effect on the performance of the
subject tires. A tire with more tread
plies is likely to be a more robust tire
even though it has no additional loadcarrying capacity.
In consideration of the foregoing,
NHTSA has decided that the applicant
has met its burden of persuasion that
the noncompliance is inconsequential to
motor vehicle safety. Accordingly, its
application is granted and the applicant
is exempted from providing the
notification of the noncompliance as
required by 49 U.S.C. 30118, and from
remedying the noncompliance, as
required by 49 U.S.C. 30120.
(Authority: 49 U.S.C. 301118, 301120;
delegations of authority at 49 CFR 1.50 and
501.8)
Issued on: July 13, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05–14140 Filed 7–18–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34712
(Sub-No. 1)]
The Kansas City Southern Railway
Company—Temporary Trackage
Rights Exemption—BNSF Railway
Company
BNSF Railway Company (BNSF),
pursuant to a written trackage rights
agreement entered into between BNSF
and The Kansas City Southern Railway
Company (KCS), has agreed to provide
KCS with non-exclusive, overhead,
temporary trackage rights, to expire on
November 15, 2005, over BNSF’s line of
railroad between milepost 307.5, in
Neosho, MO, and milepost 3.5X, at
Murray Yard, in Kansas City, MO, a
distance of approximately 229.1 miles.
The original trackage rights granted in
The Kansas City Southern Railway
Company—Temporary Trackage Rights
Exemption—BNSF Railway Company,
STB Finance Docket No. 34712 (STB
served on June 22, 2005), covered the
VerDate jul<14>2003
17:15 Jul 18, 2005
Jkt 205001
same line, but are due to expire on July
21, 2005. The purpose of this
transaction is to modify the temporary
overhead trackage rights exempted in
STB Finance Docket No. 34712 to
extend the expiration date from July 21,
2005, to November 15, 2005.
The transaction is scheduled to be
consummated on July 21, 2005. The
modified temporary overhead trackage
rights will allow KCS to continue to
bridge its train service while KCS’s
main lines are out of service due to
certain programmed track, roadbed and
structural maintenance.
As a condition to this exemption, any
employees affected by the acquisition of
the temporary 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), and
any employee affected by the
discontinuance of those trackage rights
will be protected by the conditions set
out in Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979).
This notice is filed under 49 CFR
1180.2(d)(8). If it 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. 34712 (Sub-No. 1), 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
William A. Mullins, Baker and Miller,
PLLC, 2401 Pennsylvania Avenue, NW.,
Suite 300, Washington, DC 20037.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: July 11, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–14097 Filed 7–18–05; 8:45 am]
BILLING CODE 4915–01–P
PO 00000
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41479
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34720]
BNSF Railway Company—Trackage
Rights Exemption—Union Pacific
Railroad Company
BNSF Railway Company (BNSF),
pursuant to a modified written trackage
rights agreement entered into between
BNSF and Union Pacific Railroad
Company (UP), submits this verified
notice for an exemption of the modified
written trackage rights agreement
governing BNSF’s existing overhead
trackage rights over UP’s line of railroad
between Crestline Street MP 163.52 and
Helena Street MP 163.89, approximately
0.37 miles, on UP’s Wallace Subdivision
(the Joint Trackage) in Spokane, WA.1
The modification of trackage rights
relates to BNSF’s assumption of
maintenance functions for a particular
segment of the Joint Trackage. BNSF
will continue to have rights to use the
Joint Trackage as provided in the
Agreement.
The transaction is scheduled to be
consummated on July 12, 2005, and
operations under this exemption are
planned to begin on that date.
The purpose of this transaction is to
modify the Agreement to change the
maintenance obligations in order to
promote operating and maintenance
efficiencies and better align the parties’
maintenance obligations relative to
usage.
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 it 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. 34720 must be filed with the
Surface Transportation Board, 1925 K
1 BNSF acquired the nonexclusive right to use the
Joint Trackage under an agreement dated February
22, 1973, by and between the Oregon-Washington
Railroad & Navigation Company, and its lessees, UP
and Burlington Northern Inc. (BNSF’s predecessor
in interest), as amended by a supplemental
agreement dated January 21, 1974, and further
amended by a Letter Agreement dated July 27, 1988
(collectively, the Agreement).
Sfmt 4703
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[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Page 41479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14097]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34712 (Sub-No. 1)]
The Kansas City Southern Railway Company--Temporary Trackage
Rights Exemption--BNSF Railway Company
BNSF Railway Company (BNSF), pursuant to a written trackage rights
agreement entered into between BNSF and The Kansas City Southern
Railway Company (KCS), has agreed to provide KCS with non-exclusive,
overhead, temporary trackage rights, to expire on November 15, 2005,
over BNSF's line of railroad between milepost 307.5, in Neosho, MO, and
milepost 3.5X, at Murray Yard, in Kansas City, MO, a distance of
approximately 229.1 miles. The original trackage rights granted in The
Kansas City Southern Railway Company--Temporary Trackage Rights
Exemption--BNSF Railway Company, STB Finance Docket No. 34712 (STB
served on June 22, 2005), covered the same line, but are due to expire
on July 21, 2005. The purpose of this transaction is to modify the
temporary overhead trackage rights exempted in STB Finance Docket No.
34712 to extend the expiration date from July 21, 2005, to November 15,
2005.
The transaction is scheduled to be consummated on July 21, 2005.
The modified temporary overhead trackage rights will allow KCS to
continue to bridge its train service while KCS's main lines are out of
service due to certain programmed track, roadbed and structural
maintenance.
As a condition to this exemption, any employees affected by the
acquisition of the temporary 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), and any employee affected by the
discontinuance of those trackage rights will be protected by the
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen,
360 I.C.C. 91 (1979).
This notice is filed under 49 CFR 1180.2(d)(8). If it 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. 34712 (Sub-No. 1), 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 William A. Mullins,
Baker and Miller, PLLC, 2401 Pennsylvania Avenue, NW., Suite 300,
Washington, DC 20037.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: July 11, 2005.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-14097 Filed 7-18-05; 8:45 am]
BILLING CODE 4915-01-P
