BNSF Railway Company-Petition for Declaratory Order; BNSF Railway Company-Abandonment Exemption-in Oklahoma County, OK, 24896-24897 [E9-12099]

Download as PDF 24896 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices passenger cars manufactured before September 1, 2006 to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. WETL submitted information with its petition intended to demonstrate that non-U.S. certified 2006 Ferrari 599 passenger cars manufactured before September 1, 2006, as originally manufactured, conform to many FMVSS in the same manner as their U.S. certified counterparts, or are capable of being readily altered to conform to those standards. Specifically, the petitioner claims that non-U.S. certified 2006 Ferrari 599 passenger cars manufactured before September 1, 2006 are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof Panel Systems, 124 Accelerator Control Systems, 135 Passenger Car Brake Systems, 201 Occupant Protection in Interior Impact, 202 Head Restraints, 204 Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention Components, 207 Seating Systems, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 302 Flammability of Interior Materials, and 401 Interior Trunk Release. In addition, the petitioner claims that the vehicles comply with the Bumper Standard found in 49 CFR Part 581. The petitioner also contends that the vehicles are capable of being readily altered to meet the following standards, in the manner indicated: Standard No. 101 Controls and Displays: Inspection of all vehicles and installation of a U.S.-model instrument cluster with associated hardware and software, or modification of the existing instrument cluster to meet the requirements of this standard on vehicles not already so equipped. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Inspection of all vehicles and installation, on vehicles that are not already so equipped, of U.S.-model components to meet the requirements of this standard. Standard No. 110 Tire Selection and Rims: Installation of a tire information VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 placard on all vehicles not already so equipped. Standard No. 111 Rearview Mirrors: Inspection of all vehicles and installation of a U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of that mirror on all vehicles not already so equipped. Standard No. 114 Theft Protection: Inspection of all vehicles and installation of a supplemental key warning buzzer, or installation of U.S.version software on all vehicles not already so equipped. Standard No. 208 Occupant Crash Protection: Inspection of all vehicles and replacement of any non U.S.-model seat belts, air bag control units, air bags, and sensors with U.S.-model components on vehicles that are not already so equipped; and (b) installation of U.S.-version software to ensure that the seat belt warning system meets the requirements of this standard. The petitioner states that the crash protection system used in these vehicles consists of dual front airbags, knee bolsters, and combination lap and shoulder belts at the front outboard seating positions. The seat belt systems are described as being self-tensioning, and capable of being released by means of a single red push-button. Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles and replacement of any non U.S.-model seat belts with U.S.-certified model seat belts. Standard No. 210 Seat Belt Assembly Anchorages: Inspection of all vehicles and replacement of any non U.S.-model seat belts anchorage components with U.S.-model components. Standard No. 225 Child Restraint Anchorage Systems: Installation of U.S.model child restraint systems. Standard No. 301 Fuel System Integrity: Inspection of all vehicles and replacement of any non U.S.-model fuel system components with U.S.-model components. The petitioner additionally states that a vehicle identification plate must be affixed to the vehicles near the left windshield post to meet the requirements of 49 CFR Part 565. All comments received before the close of business on the closing date indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on: May 19, 2009. Harry Thompson, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. E9–12154 Filed 5–22–09; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35164; STB Docket No. AB–6 (Sub-No. 430X)] BNSF Railway Company-Petition for Declaratory Order; BNSF Railway Company—Abandonment Exemption— in Oklahoma County, OK AGENCY: Surface Transportation Board, DOT. ACTION: Notice of board action. SUMMARY: The Surface Transportation Board (Board) hereby gives notice that, on its own motion, it granted BNSF Railway Company (BNSF) exemptions under 49 U.S.C. 10502 from the provisions of 49 U.S.C. 10903 (filing and procedure for application to abandon or discontinue service), 49 U.S.C. 10904 (offers of financial assistance to avoid abandonment and discontinuance), and 49 U.S.C. 10905 (offering abandoned rail properties for sale for public purposes) for a segment of track on the Chickasha Line in Oklahoma City, OK, between milepost 541.69 and milepost 540.15 (the middle segment). The Board took this action in a decision served earlier in which it also found that a BNSF eastern segment project was a relocation that did not require prior agency authorization. FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, (202) 245–0395. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 877–8339.] SUPPLEMENTARY INFORMATION: By petition filed on July 15, 2008, BNSF asked the Board to issue a declaratory order finding that what it characterized as two track relocation projects in Oklahoma City, OK did not require Board approval. The Board granted the requested declaratory relief as to the eastern segment. On the middle segment, Board concluded that the evidence before it in the two related dockets had provided ample support for authorizing abandonment of that segment. The evidence indicates that: the three E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices existing shippers on adjoining segments will continue to receive local service; all overhead service can be rerouted; no one has requested local service on the middle segment in over 10 years; and there is no indication of any need for service on the middle segment in the future. Finally, because any traffic that might need to move over the middle segment could move over a refurbished BNSF Line (the Packingtown Lead), the public convenience and necessity does not require BNSF to keep the middle segment in the national rail system. Accordingly, the Board on its own motion granted BNSF an exemption from the provisions of 49 U.S.C. 10903 for the middle segment. In seeking a declaratory order, BNSF also asked the Board for an expedited decision so that the relocation project to facilitate the construction of the I–40 highway could go forward. The Board, on its own motion, exempted the abandonment of the middle segment from the statutory offer of financial assistance (OFA) program so that the highway project may proceed and because applying the OFA provisions under 49 U.S.C. 10904 is not necessary to carry out the rail transportation policy. Lastly, the Board granted an exemption on its own motion from the public use provisions under 49 U.S.C. 10905. BNSF has already agreed to make the right-of-way available to Oklahoma Department of Transportation (ODOT) for public use, i.e., the construction of I–40. Therefore, the purpose sought to be achieved by section 10905—to provide an opportunity to public bodies to negotiate for the acquisition of abandoned rail properties—has already been fulfilled by the agreement reached between BNSF and ODOT. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Decided: May 19, 2009. By the Board, Acting Chairman Mulvey, and Vice Chairman Nottingham. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. E9–12099 Filed 5–22–09; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2009–15] Petition for Exemption; Summary of Petition Received AGENCY: Federal Aviation Administration (FAA), DOT. VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 ACTION: Notice of petition for exemption received. SUMMARY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before June 15, 2009. ADDRESSES: You may send comments identified by Docket Number FAA– 2009–0250 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Laverne Brunache (202) 267–3133 or Tyneka Thomas (202) 267–7626, Office PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 24897 of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on May 20, 2009. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2009–0250. Petitioner: Ameristar Air Cargo, Inc. Section of 14 CFR Affected: 14 CFR 121.434(h)(3). Description of Relief Sought: Ameristar Air Cargo, Inc. (Ameristar), has petitioned the Federal Aviation Administration to permit a pilot that meets certain conditions outlined in its petition, but not the requirements of 14 CFR 121.434(g), to serve as a pilot in an airplane for which the pilot has newly qualified. Additionally, Ameristar wishes to operate under such an exemption outside the United States, specifically: Canada, Mexico, Central America, South America, and the Caribbean nations or areas of operations authorized in its operations specifications. [FR Doc. E9–12091 Filed 5–22–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Purpose, Use and Effect of Field Operations Training Manual. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Interpretation of Internal Agency Document. SUMMARY: The purpose of this notice is to restate and confirm the Agency’s policy regarding the purpose, use and effect of the paper and electronic versions of FMCSA’s Field Operations Training Manual (FOTM and eFOTM). DATES: Effective Date: This interpretation restates policy already in effect. FOR FURTHER INFORMATION CONTACT: Peter Snyder, Trial Attorney, Office of the Chief Counsel, Enforcement Division, 19900 Governors Drive, Suite 210, Olympia Fields, IL 60461, telephone (708) 283–3515; or Genevieve Sapir, Attorney-Advisor, Office of the Chief Counsel, Regulatory Affairs Division, 1200 New Jersey Avenue, SE., Washington, DC 20590, telephone (202) 366–7056. E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24896-24897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12099]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35164; STB Docket No. AB-6 (Sub-No. 430X)]


BNSF Railway Company-Petition for Declaratory Order; BNSF Railway 
Company--Abandonment Exemption--in Oklahoma County, OK

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of board action.

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SUMMARY: The Surface Transportation Board (Board) hereby gives notice 
that, on its own motion, it granted BNSF Railway Company (BNSF) 
exemptions under 49 U.S.C. 10502 from the provisions of 49 U.S.C. 10903 
(filing and procedure for application to abandon or discontinue 
service), 49 U.S.C. 10904 (offers of financial assistance to avoid 
abandonment and discontinuance), and 49 U.S.C. 10905 (offering 
abandoned rail properties for sale for public purposes) for a segment 
of track on the Chickasha Line in Oklahoma City, OK, between milepost 
541.69 and milepost 540.15 (the middle segment). The Board took this 
action in a decision served earlier in which it also found that a BNSF 
eastern segment project was a relocation that did not require prior 
agency authorization.

FOR FURTHER INFORMATION CONTACT: Joseph Dettmar, (202) 245-0395. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: (800) 877-8339.]

SUPPLEMENTARY INFORMATION: By petition filed on July 15, 2008, BNSF 
asked the Board to issue a declaratory order finding that what it 
characterized as two track relocation projects in Oklahoma City, OK did 
not require Board approval.
    The Board granted the requested declaratory relief as to the 
eastern segment. On the middle segment, Board concluded that the 
evidence before it in the two related dockets had provided ample 
support for authorizing abandonment of that segment. The evidence 
indicates that: the three

[[Page 24897]]

existing shippers on adjoining segments will continue to receive local 
service; all overhead service can be rerouted; no one has requested 
local service on the middle segment in over 10 years; and there is no 
indication of any need for service on the middle segment in the future. 
Finally, because any traffic that might need to move over the middle 
segment could move over a refurbished BNSF Line (the Packingtown Lead), 
the public convenience and necessity does not require BNSF to keep the 
middle segment in the national rail system. Accordingly, the Board on 
its own motion granted BNSF an exemption from the provisions of 49 
U.S.C. 10903 for the middle segment.
    In seeking a declaratory order, BNSF also asked the Board for an 
expedited decision so that the relocation project to facilitate the 
construction of the I-40 highway could go forward. The Board, on its 
own motion, exempted the abandonment of the middle segment from the 
statutory offer of financial assistance (OFA) program so that the 
highway project may proceed and because applying the OFA provisions 
under 49 U.S.C. 10904 is not necessary to carry out the rail 
transportation policy.
    Lastly, the Board granted an exemption on its own motion from the 
public use provisions under 49 U.S.C. 10905. BNSF has already agreed to 
make the right-of-way available to Oklahoma Department of 
Transportation (ODOT) for public use, i.e., the construction of I-40. 
Therefore, the purpose sought to be achieved by section 10905--to 
provide an opportunity to public bodies to negotiate for the 
acquisition of abandoned rail properties--has already been fulfilled by 
the agreement reached between BNSF and ODOT.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Decided: May 19, 2009.

    By the Board, Acting Chairman Mulvey, and Vice Chairman 
Nottingham.
Andrea Pope-Matheson,
Clearance Clerk.
 [FR Doc. E9-12099 Filed 5-22-09; 8:45 am]
BILLING CODE 4915-01-P