Beth A. Blansett, William D. Blansett, and Modoc Railway and Land Company LLC-Continuance in Control Exemption, 70027 [05-22768]

Download as PDF Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 67211, 11/16/04), Volkswagen (69 FR 67211, 11/16/04), and Porsche (70 FR 32398, 6/2/05). Nissan also points out that NHTSA recently published a Notice of Proposed Rulemaking (70 FR 48362, 8/17/05), and that under this proposal, the system in the subject Maximas would be allowed. Nissan further states, The requirement that the steering be locked when the ignition key is removed through use of an ‘‘override device’’ was added to S4.2.2 ‘‘to ensure that Standard No 114’s theft protection aspects are not jeopardized.’’ See 57 FR 2039, 2040 (January 17, 1992). In the Maxima vehicles at issue here, when the key is removed through use of the ‘‘override device,’’ which will occur rarely if at all, the immobilizer will prevent the vehicle from being jump-started without the electronically coded ignition key, because the key-code is recorded in the engine control module and cannot be electrically bypassed. 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: December 19, 2005. VerDate Aug<31>2005 15:21 Nov 17, 2005 Jkt 208001 Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. Issued on: November 15, 2005. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. 05–22919 Filed 11–17–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34722] Beth A. Blansett, William D. Blansett, and Modoc Railway and Land Company LLC—Continuance in Control Exemption Beth A. Blansett and William D. Blansett (Blansetts), nonconcarrier individuals, have filed a verified notice of exemption to continue in control of Modoc Railway and Land Company LLC (MR&L) 1 and Modoc Northern Railroad Company (MNRR),2 upon their becoming Class III rail carriers. The Blansetts currently control Utah Central Railway Company (UCRC), a Class III rail carrier.3 MR&L also is invoking the class exemption to control MNRR, when both become rail carriers. The transaction was expected to be consummated on or shortly after November 1, 2005. This transaction is related to two concurrently filed notices of exemption: (1) STB Finance Docket No. 34769, Modoc Railway and Land Company LLC—Acquisition Exemption—Union Pacific Railroad Company, wherein MR&L seeks to acquire by lease, with an option to purchase, approximately 107.15 miles of rail lines from Union Pacific Railroad Company, consisting of the line known as the Modoc Subdivision extending between milepost 552.0 near Texum, OR, and milepost 445.6 at the end of the track near McArthur, CA, and the Lakeview Branch extending between milepost 456.89 and milepost 458.60 at Alturas, CA; and (2) STB Finance Docket No. 34768, Modoc Northern Railroad Company—Operation Exemption— Union Pacific Railroad Company, wherein MNRR seeks to operate the rail lines being acquired by lease by MR&L. 1 Beth A. and William D. Blansett each own onethird interests in MR&L. Cristina C. Blansett, a minor, owns the remaining one-third interest in MR&L. 2 Beth A. and William D. Blansett each own 50 percent interests in MNRR. 3 Beth A. and William D. Blansett own 953 shares in UCRC. Also, Stephen M. Richards owns 200 shares, William C. Blansett owns 505 shares and Carl E. Baker owns 48 shares. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 70027 The Blansetts state that: (1) The rail lines being operated by UCRC do not connect with the rail lines being acquired by lease by MR&L and operated by MNRR; (2) the continuance in control is not a part of a series of anticipated transactions that would connect the rail lines being acquired by MR&L with any railroad in their corporate family; and (3) the transaction does not involve a Class I railroad. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III carriers. 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. 34722, 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 Dennis C. Farley, Lear & Lear, L.L.P., 229 South Main, Suite 2200, Wells Fargo Center, Salt Lake City, UT 84111. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: November 9, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–22768 Filed 11–17–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34768] Modoc Northern Railroad Company— Operation Exemption—Union Pacific Railroad Company Modoc Northern Railroad Company (MNRR), a noncarrier, has filed a verified notice of exemption under 49 E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Notices]
[Page 70027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22768]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34722]


Beth A. Blansett, William D. Blansett, and Modoc Railway and Land 
Company LLC--Continuance in Control Exemption

    Beth A. Blansett and William D. Blansett (Blansetts), nonconcarrier 
individuals, have filed a verified notice of exemption to continue in 
control of Modoc Railway and Land Company LLC (MR&L) \1\ and Modoc 
Northern Railroad Company (MNRR),\2\ upon their becoming Class III rail 
carriers. The Blansetts currently control Utah Central Railway Company 
(UCRC), a Class III rail carrier.\3\ MR&L also is invoking the class 
exemption to control MNRR, when both become rail carriers.
---------------------------------------------------------------------------

    \1\ Beth A. and William D. Blansett each own one-third interests 
in MR&L. Cristina C. Blansett, a minor, owns the remaining one-third 
interest in MR&L.
    \2\ Beth A. and William D. Blansett each own 50 percent 
interests in MNRR.
    \3\ Beth A. and William D. Blansett own 953 shares in UCRC. 
Also, Stephen M. Richards owns 200 shares, William C. Blansett owns 
505 shares and Carl E. Baker owns 48 shares.
---------------------------------------------------------------------------

    The transaction was expected to be consummated on or shortly after 
November 1, 2005.
    This transaction is related to two concurrently filed notices of 
exemption: (1) STB Finance Docket No. 34769, Modoc Railway and Land 
Company LLC--Acquisition Exemption--Union Pacific Railroad Company, 
wherein MR&L seeks to acquire by lease, with an option to purchase, 
approximately 107.15 miles of rail lines from Union Pacific Railroad 
Company, consisting of the line known as the Modoc Subdivision 
extending between milepost 552.0 near Texum, OR, and milepost 445.6 at 
the end of the track near McArthur, CA, and the Lakeview Branch 
extending between milepost 456.89 and milepost 458.60 at Alturas, CA; 
and (2) STB Finance Docket No. 34768, Modoc Northern Railroad Company--
Operation Exemption--Union Pacific Railroad Company, wherein MNRR seeks 
to operate the rail lines being acquired by lease by MR&L.
    The Blansetts state that: (1) The rail lines being operated by UCRC 
do not connect with the rail lines being acquired by lease by MR&L and 
operated by MNRR; (2) the continuance in control is not a part of a 
series of anticipated transactions that would connect the rail lines 
being acquired by MR&L with any railroad in their corporate family; and 
(3) the transaction does not involve a Class I railroad. Therefore, the 
transaction is exempt from the prior approval requirements of 49 U.S.C. 
11323. See 49 CFR 1180.2(d)(2).
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here, because all of 
the carriers involved are Class III carriers.
    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. 34722, 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 Dennis C. Farley, Lear & Lear, 
L.L.P., 229 South Main, Suite 2200, Wells Fargo Center, Salt Lake City, 
UT 84111.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: November 9, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-22768 Filed 11-17-05; 8:45 am]
BILLING CODE 4915-01-P
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