Yakima Interurban Lines Association-Abandonment Exemption-in Yakima County, WA, 3153-3154 [E6-500]

Download as PDF Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Notices 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 21, 2006. removable only by use of a screwdriver or other tool. (b) Notwithstanding S4.2.1, each vehicle specified therein may have a device which, when activated, permits moving the transmission shift lever from ‘‘park’’ after the removal of the key. The device shall either be operable: (1) By the key, as defined in S3; or (2) By another means, provided that steering is prevented when the key is removed from the ignition, and provided that the means for activating the device is covered by a non-transparent surface which, when installed, prevents sight of and activation of the device. The covering surface shall be removable only by use of a screwdriver or other tool. (Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8.) Issued on: January 12, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–522 Filed 1–18–06; 8:45 am] The subject vehicles are equipped with an override device but the steering wheel may not lock under some circumstances when the key is removed. Nissan believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Nissan states that the vehicles are equipped with an engine control module immobilizer system which prevents forward movement of the vehicle if the key is not present. Nissan points out that NHTSA recently granted inconsequential noncompliance petitions for similar noncompliances by Bentley, Volkswagen, and Porsche. 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, BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–22969; Notice 2] Nissan North America, Inc., Grant of Petition for Decision of Inconsequential Noncompliance sroberts on PROD1PC70 with NOTICES Nissan North America, Inc. (Nissan) has determined that certain vehicles that it produced in 2005 do not comply with S4.2.2 of 49 CFR 571.114, Federal Motor Vehicle Safety Standard (FMVSS) No. 114, ‘‘Theft protection.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Nissan has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ Notice of receipt of a petition was published, with a 30-day comment period, on November 18, 2005, in the Federal Register (70 FR 70026). NHTSA received no comments. Affected are a total of approximately 3400 Nissan Maximas produced between March 29, 2005 and May 26, 2005. S4.2.2 of FMVSS No. 114 requires that, (a) Notwithstanding S4.2.1, provided that steering is prevented upon the key’s removal, each vehicle specified therein may permit key removal when electrical failure of this system (including battery discharge) occurs or may have a device which, when activated, permits key removal. The means for activating any such device shall be covered by a non-transparent surface which, when installed, prevents sight of and activation of the device. The covering surface shall be VerDate Aug<31>2005 16:38 Jan 18, 2006 Jkt 208001 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. NHTSA agrees with Nissan that the noncompliance is inconsequential to safety. The agency issued an interpretation letter to an unnamed person on September 24, 2004, which stated in pertinent part as follows: The engine control module immobilizer described in your letter satisfies the requirements of S4.2(b) because it locks out the engine control module if an attempt is made to start the vehicle without the correct key or to bypass the electronic ignition system. When the engine control module is locked, the vehicle is not capable of forward self-mobility because it is incapable of moving forward under its own power. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 3153 Theft protection of vehicles is addressed under S4.2 of the standard. Section 4.2(b) can be met by preventing ‘‘either steering or forward self-mobility of the vehicle or both.’’ Therefore, an equivalent level of theft protection is provided by preventing either steering or forward self-mobility. NHTSA amended FMVSS No. 114 in 1990 to require that vehicles with an automatic transmission and a ‘‘park’’ position be shifted to ‘‘park’’ or become locked in park before the key can be removed to reduce incidents of vehicle rollaway. S4.2.2(a) was added in 1991 to permit key removal when an electrical failure occurred and the transmission could not be manually shifted into park, provided that steering was prevented for theft protection. The forward selfmobility feature does not prevent vehicle rollaway by itself. However, the parking brake used in combination with the forward self-mobility feature will prevent rollaway. In addition, as Nissan states in its petition, NHTSA recently granted inconsequential noncompliance petitions for similar noncompliances by Bentley (69 FR 67211, 11/16/04), Volkswagen (69 FR 67211, 11/16/04), and Porsche (70 FR 32398, 6/2/05). In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Nissan’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8. Issued on: January 12, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–524 Filed 1–18–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–600 (Sub-No. 1X)] Yakima Interurban Lines Association— Abandonment Exemption—in Yakima County, WA Yakima Interurban Lines Association (YILA) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a line of railroad known as the Naches Branch, from milepost 2.97 (near Yakima) to milepost 14.26 (near Naches), a distance E:\FR\FM\19JAN1.SGM 19JAN1 3154 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Notices sroberts on PROD1PC70 with NOTICES of approximately 11.29 miles in Yakima County, WA. The line traverses United States Postal Service Zip Codes 98902, 98904, 98908, and 98937.1 YILA has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to the exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, the exemption will be effective on February 18, 2006, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by January 30, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 8, 2006, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to applicant’s representative: Charles H. Montange, 426 NW. 162nd St., Seattle, WA 98177. If the verified notice contains false or misleading information, the exemption is void ab initio. YILA has filed an environmental report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by January 24, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), YILA shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by YILA’s filing of a notice of consummation by January 19, 2007, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. 1 YILA seeks exemption from 49 U.S.C. 10904 (offer of financial assistance procedures). Also included with the verified notice of exemption is a request on behalf of Yakima County for issuance of a notice of interim trail use pursuant to section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). The Board will address these requests in a subsequent decision. 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Each OFA must be accompanied by a $1,200 filing fee. See 49 CFR 1002.2(f)(25). BILLING CODE 4915–01–P VerDate Aug<31>2005 16:38 Jan 18, 2006 Jkt 208001 Decided: January 12, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–500 Filed 1–18–06; 8:45 am] DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0610] Agency Information Collection Activities Under OMB Review Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 (44 U.S.C. 3501–3521), this notice announces that the Veterans Health Administration (VHA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before February 21, 2006. For Further Information or a Copy of the Submission Contact: Denise McLamb, Records Management Service (005E3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 565–8374, FAX (202) 565–6590 or e-mail: denise.mclamb@mail.va.gov. Please refer to ‘‘OMB Control No. 2900–0610.’’ Send comments and recommendations concerning any aspect of the information collection to VA’s OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395–7316. Please refer to ‘‘OMB Control No. 2900– 0610’’ in any correspondence. SUPPLEMENTARY INFORMATION: Title: Ecclesiastical Endorsing Organization, Request to Designate Ecclesiastical Endorsing Official, VA Form 10–0379. OMB Control Number: 2900–0610. Type of Review: Extension of a currently approved collection. Abstract: The information collected on VA Form 10–0379 is used to assure that individuals employed by VA as chaplains are qualified to provide for the constitutional rights of veterans to free exercise of religion. Applicants are required to submit an official statement (‘‘ecclesiastical endorsement’’) from their religion or faith group, certifying that they are in good standing with the faith group and is qualified to perform the full range of ministry required in VA setting. VA uses this information to determine (1) who the faith group designates as its endorsing official(s); (2) whether the faith group provides ministry to a lay constituency; and (3) what is the constituency to which person endorsed by this group may minister. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published on October 5, 2005, at page 58256. E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Notices]
[Pages 3153-3154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-500]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-600 (Sub-No. 1X)]


Yakima Interurban Lines Association--Abandonment Exemption--in 
Yakima County, WA

    Yakima Interurban Lines Association (YILA) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
line of railroad known as the Naches Branch, from milepost 2.97 (near 
Yakima) to milepost 14.26 (near Naches), a distance

[[Page 3154]]

of approximately 11.29 miles in Yakima County, WA. The line traverses 
United States Postal Service Zip Codes 98902, 98904, 98908, and 
98937.\1\
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    \1\ YILA seeks exemption from 49 U.S.C. 10904 (offer of 
financial assistance procedures). Also included with the verified 
notice of exemption is a request on behalf of Yakima County for 
issuance of a notice of interim trail use pursuant to section 8(d) 
of the National Trails System Act, 16 U.S.C. 1247(d). The Board will 
address these requests in a subsequent decision.
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    YILA has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (3) no formal complaint filed by a user of rail service on the 
line (or by a state or local government entity acting on behalf of such 
user) regarding cessation of service over the line either is pending 
with the Surface Transportation Board (Board) or with any U.S. District 
Court or has been decided in favor of complainant within the 2-year 
period; and (4) the requirements of 49 CFR 1105.7 (environmental 
report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to the exemption, any employee adversely affected by 
the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this 
condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, the exemption will be 
effective on February 18, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
January 30, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 8, 2006, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \3\ Each OFA must be accompanied by a $1,200 filing fee. See 49 
CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Charles H. Montange, 426 NW. 162nd St., 
Seattle, WA 98177.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    YILA has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
SEA will issue an environmental assessment (EA) by January 24, 2006. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
500, Surface Transportation Board, Washington, DC 20423) or by calling 
SEA, at (202) 565-1539. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.] Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), YILA shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by YILA's filing of a notice of 
consummation by January 19, 2007, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: January 12, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-500 Filed 1-18-06; 8:45 am]
BILLING CODE 4915-01-P