Richard D. Robey-Continuance in Control Exemption-Susquehanna Valley Railroad Corporation and Stourbridge Railroad Company, 2106-2107 [E6-217]

Download as PDF 2106 Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 / Notices DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–23419; Notice 1] erjones on PROD1PC68 with NOTICES Optronics Products Company, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance Optronics Products Company, Inc. (Optronics) has determined that certain combination lamps that it produced in 2002 do not comply with 49 CFR 571.108, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, ‘‘Lamps, reflective devices, and associated equipment.’’ Optronics has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Optronics has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Optronics’ 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 6000 4-inch round LED 3 function combination lamps, part number STL45RK, produced in November 2002 and sold as replacement equipment for trailers less than 80 inches in overall width. NHTSA testing of this model showed that three out of the four tested lamps failed to meet the minimum photometry requirements for a 3-lighted section lamp. In particular, the lamps failed to meet the minimum zone 3 photometry requirements for the taillamp, stop lamp, and turn signal lamp. The FMVSS No. 108 minimum photometry requirement for zone 3 of these functions is 24 cd, 520 cd, and 520 cd, respectively. The lamps failed to meet the zonal requirements by a margin of 7% to 28% for the taillamp, and 4% to 18% for the stop and turn signal lamps. Optronics believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Optronics states that, although the lamps noncomply with the requirements for a 3-lighted section lamp, they would meet or exceed the light output requirements if the lamps were tested to the requirements of ‘‘an incandescent light of the same fit, form, and function.’’ VerDate Aug<31>2005 15:02 Jan 11, 2006 Jkt 208001 Optronics asserts that ‘‘[h]olding a 4inch LED light to a higher standard than a 4-inch incandescent light is the result of definitions in the regulations and is not based on the relative safety of one light versus another.’’ The petitioner further states, Issued on: January 9, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–234 Filed 1–11–06; 8:45 am] [W]e believe that the lights’ failure under the regulations is a technical issue and not a substantive one * * *. Consumers and Company’s (sic) should not be required to go through a product recall on a technicality. What is important here is the safety of the consumer. We believe that the data in this filing show that the lights are as safe as any incandescent on the road. DEPARTMENT OF TRANSPORTATION Optronics states that there have been no accidents, injuries, fatalities, or warranty claims related to this noncompliance. Interested persons are invited to submit written data, views, and arguments on this petition. 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 http://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 http:// 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: February 13, 2006. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 BILLING CODE 4910–59–P Surface Transportation Board [STB Finance Docket No. 34807] Richard D. Robey—Continuance in Control Exemption—Susquehanna Valley Railroad Corporation and Stourbridge Railroad Company Richard D. Robey, a noncarrier individual, has filed a verified notice of exemption to continue in control of Susquehanna Valley Railroad Corporation (SVRC), a newly incorporated holding company, and Stourbridge Railroad Company (Stourbridge). The transaction was scheduled to be consummated on or after January 1, 2006. At the time of filing, Mr. Robey was the sole shareholder and owner of eight Class III railroads: Stourbridge, Juniata Valley Railroad Company, Lycoming Valley Railroad Company, Nittany & Bald Eagle Railroad Company, North Shore Railroad Company, Wellsboro & Corning Railroad Company, Union County Industrial Railroad Company, and Shamokin Valley Railroad Company. In a related transaction, SVRC has filed a verified notice of exemption to acquire control of all of the above Class III railroads, except Stourbridge, which Mr. Robey will continue to control directly. Mr. Robey states that: (i) The railroads do not connect with each other or any railroads in their corporate family; (ii) The continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other or any other railroad in their corporate family; and (iii) 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. E:\FR\FM\12JAN1.SGM 12JAN1 Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 / Notices 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. 34807, 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: Richard R. Wilson, Esq., 127 Lexington Avenue, Ste. 100, Altoona, PA 16601. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. [STB Finance Docket No. 34799] Permian Basin Railways, Inc.— Acquisition of Control Exemption— San Luis & Rio Grande Railroad Company, Inc. DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34808] erjones on PROD1PC68 with NOTICES Chicago Port Railroad Company— Operation Exemption—Ozinga Transportation Chicago Port Railroad Company (CPRR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to operate approximately 1.3 miles of rail line owned by Ozinga Transportation. The line consists of The Calumet River Yard and the Transload Facility trackage located adjacent to the Calumet River in Chicago, IL, and does not have milepost numbers. CPRR certifies that its projected annual revenues as a result of the transaction do not exceed those that would qualify it as a Class III rail carrier. The transaction was scheduled to be consummated prior to January 1, 2006, but consummation could lawfully occur no earlier than December 23, 2005, the effective date of the exemption (7 days after the exemption was filed). If the verified 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. 34808, must be filed with Jkt 208001 BILLING CODE 4915–01–P Surface Transportation Board BILLING CODE 4915–01–P 15:02 Jan 11, 2006 Decided: January 4, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–232 Filed 1–11–06; 8:45 am] DEPARTMENT OF TRANSPORTATION Decided: January 5, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–217 Filed 1–11–06; 8:45 am] VerDate Aug<31>2005 the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on David C. Dillon, Dillon & Nash, Ltd., 111 West Washington Street, Suite 719, Chicago, IL 60602. Board decisions and notices are available on our Web site at ‘‘http:// www.stb.dot.gov.’’ Permian Basin Railways, Inc. (Permian), a noncarrier,1 has filed a verified notice of exemption to acquire control of Class III carrier San Luis & Rio Grande Railroad Company, Inc. (SLRG).2 SLRG is currently owned by RailAmerica Transportation Corp. (RTC), a short line railroad holding company, indirectly controlled by RailAmerica, Inc.3 The transaction was expected to be consummated on or after December 22, 2005. Permian states that: (1) The railroads do not connect with each other or any railroad in their corporate family; (2) the transaction is not part of a series of anticipated transactions that would connect the railroads with each other or any railroad in their corporate family; and (3) the transaction does not involve a Class I carrier. Therefore, the 1 Permian owns the stock of three existing Class III short line railroads: West Texas and Lubbock Railway Company, Inc., the Austin & Northwestern Railroad Company, Inc. d/b/a Texas New Mexico Railroad, and the Arizona Eastern Railway Company, Inc. 2 A redacted version of the executed purchase and sale agreement and all supporting documents was filed with the notice of exemption. The full version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), was concurrently filed under seal along with a motion for a protective order. A protective order was served on December 23, 2005. 3 RTC and RailAmerica formed SLRG in 2003 for the purpose of acquiring the subject rail lines from the Union Pacific Railroad Company. The Board authorized SLRG’s acquisition of the subject lines and RTC’s and RailAmerica’s control of SLRG in STB Finance Docket Nos. 34350 and 34352, respectively. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 2107 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. 34799, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of all pleadings must be served on John D. Heffner, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at ‘‘http:// www.stb.dot.gov.’’ Decided: January 5, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–231 Filed 1–11–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request January 6, 2006. The Department of Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before February 13, 2006 to be assured of consideration. E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Pages 2106-2107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-217]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34807]


Richard D. Robey--Continuance in Control Exemption--Susquehanna 
Valley Railroad Corporation and Stourbridge Railroad Company

    Richard D. Robey, a noncarrier individual, has filed a verified 
notice of exemption to continue in control of Susquehanna Valley 
Railroad Corporation (SVRC), a newly incorporated holding company, and 
Stourbridge Railroad Company (Stourbridge).
    The transaction was scheduled to be consummated on or after January 
1, 2006.
    At the time of filing, Mr. Robey was the sole shareholder and owner 
of eight Class III railroads: Stourbridge, Juniata Valley Railroad 
Company, Lycoming Valley Railroad Company, Nittany & Bald Eagle 
Railroad Company, North Shore Railroad Company, Wellsboro & Corning 
Railroad Company, Union County Industrial Railroad Company, and 
Shamokin Valley Railroad Company. In a related transaction, SVRC has 
filed a verified notice of exemption to acquire control of all of the 
above Class III railroads, except Stourbridge, which Mr. Robey will 
continue to control directly.
    Mr. Robey states that: (i) The railroads do not connect with each 
other or any railroads in their corporate family; (ii) The continuance 
in control is not part of a series of anticipated transactions that 
would connect the railroads with each other or any other railroad in 
their corporate family; and (iii) 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.

[[Page 2107]]

    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. 34807, 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: Richard R. Wilson, Esq., 127 
Lexington Avenue, Ste. 100, Altoona, PA 16601.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: January 5, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-217 Filed 1-11-06; 8:45 am]
BILLING CODE 4915-01-P