BNSF Railway Company-Abandonment Exemption-in Walsh County, ND, 4397-4398 [E6-989]

Download as PDF Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Notices facilitate notifying consumers in the event of a recall. Cooper says that if it was required to notify purchasers, ‘‘the subject tires could be easily identified.’’Cooper points out that the correct tire size is stamped on the sidewall, and the tires meet all other requirements of FMVSS No. 109 and 49 CFR 574.5. NHTSA agrees with Cooper that the noncompliance is inconsequential to motor vehicle safety. As Cooper points out, the tires do not have sidewall markings which provide the correct size for the user of this information. In addition, the incorrect marking does not affect the ability to identify the tires in the event of recall. Cooper has corrected the problem. 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, Cooper’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 20, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. 06–731 Filed 1–25–06; 8:45 am] BILLING CODE 4910–59–M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–23168; Notice 2] rwilkins on PROD1PC63 with NOTICES Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential Noncompliance Cooper Tire & Rubber Company (Cooper) has determined that certain tires that it produced in 2005 do not comply with S4.3(a) of 49 CFR 571.109, Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New pneumatic tires’’ and with 49 CFR 574.5, ‘‘Tire Identification Requirements.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Cooper 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 December 9, 2005 in the VerDate Aug<31>2005 16:10 Jan 25, 2006 Jkt 205001 Federal Register (70 FR 73324). NHTSA received no comments. Affected are a total of approximately 488 size 225/70R15 tires produced during the period January 30, 2005 through April 16, 2005. S4.3(a) and Part 574.5(b) require a tire identification number (TIN) on the tire which includes a size designation. The noncompliant tires were molded with the letters ‘‘X5’’ as the size designation. The correct stamping should have been ‘‘35.’’ Cooper believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Cooper states that the purpose of the tire identification number is to facilitate notifying consumers in the event of a recall. Cooper says that if it was required to notify purchasers, ‘‘the subject tires could be easily identified.’’ Cooper points out that the correct tire size appears elsewhere on the tire, including twice on each sidewall, and the tires meet all other requirements of FMVSS No. 109 and 49 CFR 574.5. NHTSA agrees with Cooper that the noncompliance is inconsequential to motor vehicle safety. As Cooper points out, the tires do have sidewall markings which provide the correct size for the user of this information. In addition, the incorrect marking does not affect the ability to identify the tires in the event of recall. Cooper has corrected the problem. 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, Cooper’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 20, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–959 Filed 1–25–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–6 (Sub-No. 432X)] BNSF Railway Company— Abandonment Exemption—in Walsh County, ND BNSF Railway Company (BNSF) has filed a notice of exemption under 49 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 4397 CFR part 1152 subpart F—Exempt Abandonments to abandon a 7.12-mile line of railroad between milepost 144.21 at Grafton, and milepost 137.09, near Voss, in Walsh County, ND. The line traverses United States Postal Service Zip Codes 58237 and 58261. BNSF 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 that would have to be rerouted; (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 or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 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 this 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, this exemption will be effective on February 25, 2006, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by February 3, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by February 15, 2006, with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to BNSF’s representative: Sidney L. Strickland, Jr., 1 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. 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,200. See 49 CFR 1002.2(f)(25). E:\FR\FM\26JAN1.SGM 26JAN1 4398 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Notices Sidney Strickland and Associates, PLLC, 3050 K Street, N.W., Suite 101, Washington, DC 20007. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by January 31, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423–0001) 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), BNSF 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 BNSF’s filing of a notice of consummation by January 26, 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 20, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–989 Filed 1–25–06; 8:45 am] Fiscal Service Surety Companies Acceptable on Federal Bonds: Amendment—ACSTAR Insurance Company Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: This is Supplement No. 6 to the Treasury Department Circular 570; 2005 Revision, published July 1, 2005, at 70 FR 38502. Jkt 205001 Dated: January 13, 2006. Vivian L. Cooper, Director, Financial Accounting and Services Division, Financial Management Service. [FR Doc. 06–713 Filed 1–25–06; 8:45 am] BILLING CODE 4810–35–M DEPARTMENT OF THE TREASURY bond-approving officers may let such bonds run to expiration and need not secure new bonds. However, no new bonds should be accepted from the Company. In addition, bonds that are continuous in nature should not be renewed. The Circular may be viewed and downloaded through the Internet at http://www.fms.treas.gov/c570. A hard copy may be purchased from the government Printing Office (GPO), Subscription Service, Washington, DC, telephone (202) 512–1800. When ordering the Circular from GPO, use the following stock number: 769–004– 05219–0. Questions concerning this notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782. Vivian L. Cooper, Director, Financial Accounting and Services Division, Financial Management Service. [FR Doc. 06–714 Filed 1–25–06; 8:45 am] BILLING CODE 4810–35–M DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Proposed Collection; Comment Request for Reporting and Procedures Regulations Office of Foreign Assets Control, Treasury. ACTION: Notice and request for comments. AGENCY: Fiscal Service Surety Companies Acceptable on Federal Bonds: Termination—United Coastal Insurance Company Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. DEPARTMENT OF THE TREASURY 16:10 Jan 25, 2006 Surety Bond Branch at (202) 874–7102. SUPPLEMENTARY INFORMATION: The underwriting limitation for ACSTAR Insurance Company, which was listed in the Treasury Department Circular 570, published on July 1, 2005, is hereby amended to read $2,737,000. Federal bond-approving officers should annotate their reference copies of the Treasury Circular 570, 2005 Revision, at 70 FR 38503 to reflect this change, effective today. The Circular may be viewed and downloaded through the Internet http:// www.fms.treas.gov/c570. A hard copy may be purchased from the Government Printing Office (GPO), Subscription Service, Washington, DC, telephone (202) 512–1800. When ordering the Circular from GPO, use the following stock number: 769–004–0521–0. Questions concerning this Notice may be directed to the U.S. Department of the Treasury, Financial Management Service, Financial Accounting and Services Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782. AGENCY: BILLING CODE 4915–01–P VerDate Aug<31>2005 FOR FURTHER INFORMATION CONTACT: SUMMARY: This is Supplement No. 5 to the Treasury Department Circular 570; 2005 Revision, published July 1, 2005, at 70 FR 38502. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–7102. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Certificate of Authority issued by the Treasury to the above named Company under the United States Code, title 31, Sections 9304–9308, to qualify as an acceptable surety on Federal bonds is terminated effective today. The Company was last listed as an acceptable surety on Federal bonds at 70 FR 38502 on page 38542, July 1, 2005. With respect to any bonds currently in force with above listed company, PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 SUMMARY: The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the Office of Foreign Assets Control (‘‘OFAC’’) within the Department of the Treasury is soliciting comments concerning OFAC’s information collection requirements contained within OFAC’s Reporting, Procedures and Penalties Regulations set forth at 31 CFR part 501. DATES: Written comments should be received on or before March 27, 2006, to be assured of consideration. ADDRESSES: Direct all written comments to ‘‘Paperwork Reduction Act’’ care of the Licensing Division, Office of Foreign Assets Control, Department of the E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Notices]
[Pages 4397-4398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-989]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 432X)]


BNSF Railway Company--Abandonment Exemption--in Walsh County, ND

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR part 1152 subpart F--Exempt Abandonments to abandon a 7.12-mile 
line of railroad between milepost 144.21 at Grafton, and milepost 
137.09, near Voss, in Walsh County, ND. The line traverses United 
States Postal Service Zip Codes 58237 and 58261.
    BNSF 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 
that would have to be rerouted; (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 or with 
any U.S. District Court or has been decided in favor of complainant 
within the 2-year period; and (4) the requirements at 49 CFR 1105.7 
(environmental reports), 49 CFR 1105.8 (historic reports), 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 this 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, this exemption will be 
effective on February 25, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
February 3, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 15, 2006, 
with the Surface Transportation Board, 1925 K Street, NW., Washington, 
DC 20423-0001.
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    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,200. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Sidney L. Strickland, Jr.,

[[Page 4398]]

Sidney Strickland and Associates, PLLC, 3050 K Street, N.W., Suite 101, 
Washington, DC 20007.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by January 
31, 2006. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
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), BNSF 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 BNSF's filing of a notice of 
consummation by January 26, 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 20, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-989 Filed 1-25-06; 8:45 am]
BILLING CODE 4915-01-P