BNSF Railway Company-Abandonment Exemption-in Polk County, IA, 17160-17161 [E6-4805]

Download as PDF wwhite on PROD1PC61 with NOTICES 17160 Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices disabled but in the case of the subject lamps, the disabling was not done. GM has corrected the problem that caused these errors so that they will not be repeated in future production. GM believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. GM offers several bases for this assertion. First, GM states that the location of the horizontal adjuster makes it difficult to access, because it is recessed six inches behind the opening under the top of the fender and there is no information in the owner’s manual indicating the location. Second, GM states that the horizontal adjuster requires a different tool than the vertical adjuster, a tool which is not commonly available to the public. Third, GM states that the lamps are properly aimed and the need for reaiming is unlikely. GM explains that VO headlamps have a wider beam pattern, making horizontal aiming unnecessary, supported by the fact that GM is not aware of warranty claims or customer complaints regarding the headlamps’ horizontal aim. Fourth, GM states that it is unlikely that owners will try to adjust headlamp aim for the following reasons. The owner’s manual instructs drivers to take the vehicle to the dealer if the lamps need to be re-aimed, a four-year 50,000 mile warranty on the vehicle makes it more likely that any adjustments will be performed by the dealer, the wide beam reduces the need for headlamp adjustment, and it is unlikely that luxury car customers would make their own repairs. Fifth, GM asserts that it is unlikely that dealers will try to horizontally adjust the lamps because they are not aware of the horizontal adjustment. Sixth, GM states that the lamps are designed to compensate for build variation and vehicle repair, and it conducted additional testing which it believes validates that road vibration will not result in the lamps being out of aim. Seventh, GM states that it is not aware of crashes, injuries, complaints, or field reports related to the 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 VerDate Aug<31>2005 16:10 Apr 04, 2006 Jkt 208001 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: May 5, 2006. (Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8) Issued on: March 30, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6–4912 Filed 4–4–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–6 (Sub-No. 437X)] BNSF Railway Company— Abandonment Exemption—in Polk County, IA BNSF Railway Company (BNSF) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 0.89-mile line of railroad that extends between Station 0+00 and Station 47+00 near Glake, in Polk County, IA. The line traverses United States Postal Service Zip Code 50317. BNSF has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic handled on the line can be rerouted over other lines; (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 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 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 May 5, 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 April 17, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 25, 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 BNSF’s representative: Sidney L. Strickland, Jr., Sidney Strickland and Associates, PLLC, 3050 K Street, NW., 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 which address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by April 10, 2006. Interested persons may obtain a copy of 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 currently is set at $1,200, but is scheduled to increase to $1,300, effective April 19, 2006. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served Mar. 20, 2006). See 49 CFR 1002.2(f)(25). E:\FR\FM\05APN1.SGM 05APN1 Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices wwhite on PROD1PC61 with NOTICES 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. VerDate Aug<31>2005 16:10 Apr 04, 2006 Jkt 208001 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 April 5, 2007, and there are no legal or regulatory barriers PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 17161 to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: March 28, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–4805 Filed 4–4–06; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Pages 17160-17161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4805]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 437X)]


BNSF Railway Company--Abandonment Exemption--in Polk County, IA

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 0.89-mile line 
of railroad that extends between Station 0+00 and Station 47+00 near 
Glake, in Polk County, IA. The line traverses United States Postal 
Service Zip Code 50317.
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic handled on the line 
can be rerouted over other lines; (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 May 5, 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 
April 17, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 25, 2006, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
---------------------------------------------------------------------------

    \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 
currently is set at $1,200, but is scheduled to increase to $1,300, 
effective April 19, 2006. See Regulations Governing Fees for 
Services Performed in Connection with Licensing and Related 
Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) (STB served 
Mar. 20, 2006). See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Sidney L. Strickland, Jr., Sidney Strickland and 
Associates, PLLC, 3050 K Street, NW., 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 which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 10, 
2006. Interested persons may obtain a copy of

[[Page 17161]]

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 April 5, 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 
https://www.stb.dot.gov.

    Decided: March 28, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-4805 Filed 4-4-06; 8:45 am]
BILLING CODE 4915-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.