BNSF Railway Company-Temporary Trackage Rights Exemption-Union Pacific Railroad Company, 29391 [E6-7762]

Download as PDF cchase on PROD1PC60 with NOTICES Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices Ferrari has provided a manual on/off switch. This will enable the passenger air bag to be manually turned off when a child is present. Second, Ferrari offers a special child restraint system that automatically suppresses the passenger air bag when it is properly installed in the right front passenger seat. Ferrari offers this automatic child restraint system at no cost to the consumer, upon request. Both of these features offer passenger air bag suppression capability in the event a child needs to be transported in the right front seating position, and support our findings that this exemption will have negligible impact on motor vehicle safety. We note that the agency examined the Fatality Analysis Reporting System (FARS) and the National Automotive Sampling System Crashworthiness Data System (NASS CDS) data for years 1995–2004. These data indicate that over the past 10 years, there were no NASS CDS cases, and two FARS cases involving 360 Modena or the F430. Neither of the two FARS cases involved children or small women. Thus, there were no children or small women involved in crashes of Ferrari 360 or F430 included in these databases. We also note that, as explained below, prospective purchasers will be notified that the vehicle is exempted from the advanced air bag requirements of Standard No. 208. Under § 555.9(b), a manufacturer of an exempted passenger car must affix securely to the windshield or side window of each exempted vehicle a label containing a statement that the vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture ‘‘except for Standards Nos. [listing the standards by number and title for which an exemption has been granted] exempted pursuant to NHTSA Exemption No. lll.’’ This label notifies prospective purchasers about the exemption and its subject. Under § 555.9(c), this information must also be included on the vehicle’s certification label. The text of § 555.9 does not expressly indicate how the required statement on the two labels should read in situations where an exemption covers part but not all of a Federal motor vehicle safety standard. In this case, we believe that a statement that the vehicle has been exempted from Standard No. 208 generally, without an indication that the exemption is limited to S14.2, could be misleading. A consumer might incorrectly believe that the vehicle has been exempted from all of Standard No. 208’s requirements. Moreover, we believe that the addition of a reference to S14.2 without an indication of its VerDate Aug<31>2005 20:16 May 19, 2006 Jkt 208001 subject matter would be of little use to consumers, since they would not know the subject of S14.2. For these reasons, we believe the two labels should read, in relevant part, ‘‘except for S14.2 (Advanced Air Bag Requirements) of Standard No. 208, Occupant Crash Protection, exempted pursuant to * * *.’’ We note that the phrase ‘‘Advanced Air Bag Requirements’’ is an abbreviated form of the title of S14 of Standard No. 208. We believe it is reasonable to interpret § 555.9 as requiring this language. In sum, the agency concludes that Ferrari has demonstrated good faith effort to bring the F430 into compliance with S14.2 of FMVSS No. 208, and has also demonstrated the requisite financial hardship. Further, we find the exemption to be in the public interest. In consideration of the foregoing, we conclude that compliance with the requirements of S14.2 of FMVSS No. 208, Occupant Crash Protection, would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. We further conclude that granting of an exemption would be in the public interest and consistent with the objectives of traffic safety. In accordance with 49 U.S.C. 30113(b)(3)(B)(i), Ferrari F430 is granted NHTSA Temporary Exemption No. EX 06–1, from S14.2 of § 571.208. The exemption is effective September 1, 2006 to August 31, 2008. 49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 501.8) Issued on: May 17, 2006. Jacqueline Glassman, Deputy Administrator. [FR Doc. E6–7754 Filed 5–19–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34812 (Sub–No. 2)] BNSF Railway Company—Temporary Trackage Rights Exemption—Union Pacific Railroad Company Union Pacific Railroad Company (UP), pursuant to a written trackage rights agreement entered into between UP and BNSF Railway Company (BNSF), has agreed to grant BNSF temporary overhead trackage rights, to expire on May 15, 2006, over UP’s Chester Subdivision between milepost 131.3, Rockview Junction, MO, and milepost 0.0, Valley Junction, IL, a distance of approximately 132 miles. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 29391 The original grant of temporary overhead trackage rights exempted in BNSF Railway Company—Temporary Trackage Rights Exemption—Union Pacific Railroad Company, STB Finance Docket No. 34812 (STB served Jan. 6, 2006), covered the same line, but expired on March 21, 2006. The expiration date was extended to April 30, 2006 in the (Sub–No. 1) proceeding in this docket. The purpose of this transaction is to modify the temporary overhead trackage rights previously exempted by extending the expiration date from April 30, 2006, to May 15, 2006. The transaction was scheduled to be consummated on May 9, 2006, the effective date of this notice. The temporary overhead trackage rights will allow BNSF to continue to bridge its train service over UP’s Chester Subdivision while BNSF’s main lines are out of service due to certain programmed track, roadbed and structural maintenance. As a condition to this exemption, any employee affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.— Lease and Operate, 360 I.C.C. 653 (1980), and any employee affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it 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. 34812 (Sub–No. 2), 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 Sidney L. Strickland Jr., Sidney Strickland and Associates, PLLC, 3050 K Street, NW., Suite 101, Washington, DC 20007. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: May 16, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–7762 Filed 5–19–06; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Page 29391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7762]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34812 (Sub-No. 2)]


BNSF Railway Company--Temporary Trackage Rights Exemption--Union 
Pacific Railroad Company

    Union Pacific Railroad Company (UP), pursuant to a written trackage 
rights agreement entered into between UP and BNSF Railway Company 
(BNSF), has agreed to grant BNSF temporary overhead trackage rights, to 
expire on May 15, 2006, over UP's Chester Subdivision between milepost 
131.3, Rockview Junction, MO, and milepost 0.0, Valley Junction, IL, a 
distance of approximately 132 miles. The original grant of temporary 
overhead trackage rights exempted in BNSF Railway Company--Temporary 
Trackage Rights Exemption--Union Pacific Railroad Company, STB Finance 
Docket No. 34812 (STB served Jan. 6, 2006), covered the same line, but 
expired on March 21, 2006. The expiration date was extended to April 
30, 2006 in the (Sub-No. 1) proceeding in this docket. The purpose of 
this transaction is to modify the temporary overhead trackage rights 
previously exempted by extending the expiration date from April 30, 
2006, to May 15, 2006.
    The transaction was scheduled to be consummated on May 9, 2006, the 
effective date of this notice. The temporary overhead trackage rights 
will allow BNSF to continue to bridge its train service over UP's 
Chester Subdivision while BNSF's main lines are out of service due to 
certain programmed track, roadbed and structural maintenance.
    As a condition to this exemption, any employee affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk and Western Ry. Co.--Trackage Rights--BN, 
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease 
and Operate, 360 I.C.C. 653 (1980), and any employee affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). If it 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. 34812 (Sub-No. 2), 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 Sidney L. 
Strickland Jr., Sidney Strickland and Associates, PLLC, 3050 K Street, 
NW., Suite 101, Washington, DC 20007.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: May 16, 2006.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-7762 Filed 5-19-06; 8:45 am]
BILLING CODE 4915-01-P
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