Montana Rail Link, Inc.-Trackage Rights Exemption-BNSF Railway Company, 68892 [E6-19977]

Download as PDF ycherry on PROD1PC61 with NOTICES 68892 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Notices However, YES! Sportscars provided no information on prospective U.S. dealers, projected sales per outlet, or employment. Thus, it is difficult to assess the likely employment impacts associated with granting the petition, as any such conclusions would be largely speculative. We believe that this exemption will have negligible impact on motor vehicle safety because of the limited number of vehicles affected (approximately 250 imported for the duration of the exemption). Furthermore, as discussed in previous decisions on temporary exemption applications, the agency believes that the public interest is served by affording consumers a wider variety of motor vehicle choices. We note that, as explained below, prospective purchasers will be notified that the vehicle is exempted from the specified 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 Standard Nos. [listing the standards by number and title for which an exemption has been granted] exempted pursuant to NHTSA Exemption No.l.’’ 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 the specified advanced air bag provisions, 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 such provisions by number without an indication of its subject matter would be of little use to consumers, since they would not know the subject of those specific provisions. For these reasons, we believe the two labels should read in relevant part, ‘‘except for S14.5.2, S15, S17, S19, S21, S23, and S25 (Advanced Air Bag Requirements) of Standard No. 208, Occupant Crash Protection, exempted pursuant to * * *.’’ We note that the phrase ‘‘Advanced Air Bag VerDate Aug<31>2005 15:42 Nov 27, 2006 Jkt 211001 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 YES! Sportscars has demonstrated good faith effort to bring the YES! Roadster into compliance with the advanced air bag requirements 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 advanced air bag requirements 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), the YES! Roadster is granted NHTSA Temporary Exemption No. EX 06–9, from S14.5.2, S15, S17, S19, S21, S23, and S25 of 49 CFR 571.208. The exemption is effective from September 1, 2006 to August 31, 2009. Issued on: November 21, 2006. Nicole R. Nason, Administrator. [FR Doc. E6–20091 Filed 11–27–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34911 (Sub-No. 1)] Montana Rail Link, Inc.—Trackage Rights Exemption—BNSF Railway Company AGENCY: Surface Transportation Board, to expire on or about December 31, 2010, in accordance with the agreement of the parties, subject to the employee protective conditions set forth in Oregon Short Line R. Co.—Abandonment— Goshen, 360 I.C.C. 91 (1979). DATES: The exemption will be effective on December 28, 2006. Petitions to stay must be filed by December 8, 2006. Petitions to reopen must be filed by December 18, 2006. ADDRESSES: An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34911 (Sub-No. 1) 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 petitioner’s representative: Troy Garris, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565–1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision. To purchase a copy of the full decision, write, e-mail, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail: asapdc@verizon.net; telephone: (202) 306–4004. [Assistance for the hearing impaired is available through FIRS at 1–800–877–8339.] Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: November 17, 2006. By the Board, Chairman Nottingham, Vice Chairman Mulvey, and Commissioner Buttrey. Vernon A. Williams, Secretary. [FR Doc. E6–19977 Filed 11–27–06; 8:45 am] BILLING CODE 4915–01–P DOT. ACTION: Petition for Partial Revocation. The Board, under 49 U.S.C. 10502, exempts the trackage rights described in Montana Rail Link, Inc.— Trackage Rights Exemption—BNSF Railway Company, STB Finance Docket No. 34911 (STB served Oct. 13, 2006) (MRL Trackage Rights) 1 to permit them SUMMARY: 1 On September 25, 2006, Montana Rail Link, Inc. (MRL) concurrently filed a notice of exemption under the Board’s class exemption procedures at 49 CFR 1180.2(d)(7). The notice covered the agreement by BNSF Railway Company (BNSF) to grant overhead trackage rights to MRL over BNSF’s rail lines extending from approximately milepost 51.07 at or near Garrison, MT, to approximately milepost 21.5, a location south of Warm Springs, MT, a distance of approximately 29.57 miles. See MRL PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Submission for OMB Review; Comment Request Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: SUMMARY: The OCC, as part of its continuing effort to reduce paperwork Trackage Rights. The trackage rights operations under the exemption were scheduled to be consummated on or after October 2, 2006. E:\FR\FM\28NON1.SGM 28NON1

Agencies

[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Notices]
[Page 68892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19977]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34911 (Sub-No. 1)]


Montana Rail Link, Inc.--Trackage Rights Exemption--BNSF Railway 
Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Petition for Partial Revocation.

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SUMMARY: The Board, under 49 U.S.C. 10502, exempts the trackage rights 
described in Montana Rail Link, Inc.--Trackage Rights Exemption--BNSF 
Railway Company, STB Finance Docket No. 34911 (STB served Oct. 13, 
2006) (MRL Trackage Rights) \1\ to permit them to expire on or about 
December 31, 2010, in accordance with the agreement of the parties, 
subject to the employee protective conditions set forth in Oregon Short 
Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979).
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    \1\ On September 25, 2006, Montana Rail Link, Inc. (MRL) 
concurrently filed a notice of exemption under the Board's class 
exemption procedures at 49 CFR 1180.2(d)(7). The notice covered the 
agreement by BNSF Railway Company (BNSF) to grant overhead trackage 
rights to MRL over BNSF's rail lines extending from approximately 
milepost 51.07 at or near Garrison, MT, to approximately milepost 
21.5, a location south of Warm Springs, MT, a distance of 
approximately 29.57 miles. See MRL Trackage Rights. The trackage 
rights operations under the exemption were scheduled to be 
consummated on or after October 2, 2006.

DATES: The exemption will be effective on December 28, 2006. Petitions 
to stay must be filed by December 8, 2006. Petitions to reopen must be 
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filed by December 18, 2006.

ADDRESSES: An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34911 (Sub-No. 1) 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 petitioner's 
representative: Troy Garris, 1300 19th Street, NW., Fifth Floor, 
Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision. To purchase a copy of the full decision, write, e-
mail, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, 
Lanham, MD 20706; e-mail: asapdc@verizon.net; telephone: (202) 306-
4004. [Assistance for the hearing impaired is available through FIRS at 
1-800-877-8339.]
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: November 17, 2006.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
[FR Doc. E6-19977 Filed 11-27-06; 8:45 am]
BILLING CODE 4915-01-P