Laurinburg & Southern Railroad Co., Inc.-Discontinuance of Service Exemption-in Hoke and Scotland Counties, NC, 66030-66031 [E7-22931]

Download as PDF mstockstill on PROD1PC66 with NOTICES 66030 Federal Register / Vol. 72, No. 226 / Monday, November 26, 2007 / Notices the crash test requirements for using an out-of-position 5th percentile adult female dummy at the driver position. Ferrari states that further efforts to bring the F430 vehicles into full compliance with FMVSS No. 208 during the term of the requested exemption would be futile. However, Ferrari states that it is taking steps to minimize the negative safety consequences of the exemption. First, Ferrari will continue to equip the F430 with a manual air bag on/off switch for the passenger air bag as standard equipment, in order to prevent the possibility of an air bag deployment when a child is present. Second, Ferrari will continue to offer to provide purchasers with child restraint systems designed to automatically suppress the passenger air bag when the restraint is present, at no cost. Ferrari argues that an exemption would be in the public interest. The petitioner put forth several arguments in favor of a finding that the requested exemption is consistent with the public interest and would not have a significant adverse impact on safety. Specifically, Ferrari argues that the public interest is served by four factors. These include: (1) Satisfying the public interest in offering consumers a wider variety of motor vehicle choices; (2) affording continued employment to the petitioner’s U.S. workforce; (3) there would be minimal safety impact from granting this exemption; and (4) that it would be inequitable to prevent Ferrari from importing the F430 until 2009, when other vehicles have been granted similar exemptions. Ferrari states that there is consumer demand in the United States for highperformance sports cars such as the F430. It argues that compliance with the advanced air bag requirements is virtually impossible for vehicles such as the F430, which was designed before the advanced air bag rule was proposed. Ferrari notes that NHTSA has, in the past, stated that it believes the public interest is often served by affording consumers a wider variety of motor vehicle choices. The petitioner also states that the public interest will be served in affording continued employment to the petitioner’s U.S. work force, which would be affected by the granting or denial of the exemption. Ferrari also argues that the safety drawbacks of granting an exemption will be minimal. The F430 is designed and marketed as a high performance vehicle, and therefore would have relatively little on-road operation compared with other motor vehicles. Furthermore, the petitioner states that it is unlikely that young children would be passengers in the vehicle, and that VerDate Aug<31>2005 22:03 Nov 23, 2007 Jkt 214001 other safety measures, such as passenger air bag on/off switches and child restraint systems, are available at no cost. In addition, in its original petition for exemption, the petitioner stated that the F430 also has a variety of passive safety features not required under the FMVSS, including seat belt pretensioners, among other systems. Thus, Ferrari argues, an exemption would have a minimal impact on safety. Finally, the petitioner suggested that this petition is similar to other petitions for exemptions from the advanced air bag standards for similar vehicles. Specifically, Ferrari stated that NHTSA has granted exemptions to several of Ferrari’s competitors that extend until at least August 31, 2009. These exemptions extend to the Lamborghini Murcielago, the Lotus Elise, the Morgan Aero 8, the YES! Roadster, and the Koenigsegg CCX.5 Ferrari argues that it would be inequitable for the agency to deny its petition for an extension of the F430 exemption until August 31, 2009. V. Issuance of Notice of Final Action We are providing a 30-day comment period. After considering public comments and other available information, we will publish a notice of final action on the application in the Federal Register. Issued on: October 29, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7–22966 Filed 11–23–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–591X] Laurinburg & Southern Railroad Co., Inc.—Discontinuance of Service Exemption—in Hoke and Scotland Counties, NC Laurinburg & Southern Railroad Co., Inc. (LRS) has filed a verified notice of exemption under 49 CFR Part 1152 Subpart F-Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately 17.3-mile line of railroad between milepost 8.9, in or near Laurinburg, Scotland County, NC, and milepost 26.2, in or near Raeford, Hoke County, NC. The line traverses United States Postal Service Zip Codes 28352, 28353, 28376, 28396, and 27812, and includes the stations of Wagram and Raeford. 5 See 71 FR 52951; 71 FR 68888; and 72 FR 17609. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 LRS has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) that all overhead traffic, if any, can be or already has been 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 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 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the discontinuance of service 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 December 26, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2),1 must be filed by December 6, 2007.2 Petitions to reopen must be filed by December 17, 2007, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to LRS’s representative: Rose-Michele Nardi, Weiner Brodsky Sidman Kider PC, 1300 19th Street, NW., Fifth Floor, Washington, DC 20036–1609. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: November 19, 2007. 1 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). 2 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively. E:\FR\FM\26NON1.SGM 26NON1 Federal Register / Vol. 72, No. 226 / Monday, November 26, 2007 / Notices By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–22931 Filed 11–23–07; 8:45 am] mstockstill on PROD1PC66 with NOTICES BILLING CODE 4915–01–P VerDate Aug<31>2005 22:03 Nov 23, 2007 Jkt 214001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\26NON1.SGM 26NON1 66031

Agencies

[Federal Register Volume 72, Number 226 (Monday, November 26, 2007)]
[Notices]
[Pages 66030-66031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22931]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-591X]


Laurinburg & Southern Railroad Co., Inc.--Discontinuance of 
Service Exemption--in Hoke and Scotland Counties, NC

    Laurinburg & Southern Railroad Co., Inc. (LRS) has filed a verified 
notice of exemption under 49 CFR Part 1152 Subpart F-Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
an approximately 17.3-mile line of railroad between milepost 8.9, in or 
near Laurinburg, Scotland County, NC, and milepost 26.2, in or near 
Raeford, Hoke County, NC. The line traverses United States Postal 
Service Zip Codes 28352, 28353, 28376, 28396, and 27812, and includes 
the stations of Wagram and Raeford.
    LRS has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) that all overhead traffic, if any, can 
be or already has been 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 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 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice 
to governmental agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the discontinuance of service 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 December 26, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\1\ must be filed by December 6, 2007.\2\ 
Petitions to reopen must be filed by December 17, 2007, with: Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to LRS's 
representative: Rose-Michele Nardi, Weiner Brodsky Sidman Kider PC, 
1300 19th Street, NW., Fifth Floor, Washington, DC 20036-1609.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: November 19, 2007.


[[Page 66031]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-22931 Filed 11-23-07; 8:45 am]
BILLING CODE 4915-01-P