BNSF Railway Company-Abandonment Exemption-in Rolette and Towner Counties, ND, 2445-2446 [2011-632]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
retail vehicles, the overall theft rates
have been decreasing and the theft rate
for the Fusion vehicles have remained
very close to the overall theft rate trend.
Specifically, the agency’s data show that
theft rates for the Fusion for MYs 2006–
2008 are 1.7314, 1.8161 and 1.8797
respectively. Using an average of 3 MYs
data (2006–2008), the theft rate for the
Fusion vehicle line is well below the
median at 1.8090.
Ford compared the effectiveness of its
antitheft device with devices which
NHTSA has previously determined to be
as effective in reducing and deterring
motor vehicle theft as would
compliance with the parts-marking
requirements of Part 541. Specifically,
Ford provided information on the
reduction in the theft rate for other
vehicle lines equipped with the
‘‘SecuriLock’’ device. Ford’s
‘‘SecuriLock’’ device was first
introduced as standard equipment on
it’s MY 1996 Mustang GT and Cobra
vehicle lines. The ‘‘SecuriLock’’ system
was installed on the entire Mustang
vehicle line as standard equipment in
MY 1997. Ford also stated that the
‘‘SecuriLock’’ device has been installed
as standard equipment on all North
American Ford, Lincoln and Mercury
vehicles except for the F–Super Duty,
Econoline and Crown Victoria Police
Interceptor vehicles. Ford stated that
according to National Insurance Crime
Bureau (NICB) theft statistics, the 1997
model year Mustang with ‘‘SecuriLock’’
showed a 70% reduction in theft
compared to its MY 1995 Mustang
vehicles. Comparatively, Ford stated
that there were 149 thefts reported in
1997 and 500 thefts reported in 1995.
Ford also stated that the proposed
device is very similar in design and
implementation to the device offered on
the Ford Escape vehicle line. The
agency granted Ford’s petition for
exemption for the Escape vehicle line
on April 18, 2008. Ford stated that it
believes that the standard installation of
the ‘‘SecuriLock’’ device on the Fusion
vehicle line would be an effective
deterrent against vehicle theft and that
the low theft rate experienced by the
line in CY 2008 is likely to continue or
improve in future years.
The agency agrees that the device is
substantially similar to devices in other
vehicle lines for which the agency has
already granted exemptions. Based on
the evidence submitted by Ford, the
agency believes that the antitheft device
for the Fusion vehicle line is likely to
be as effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements of the
Theft Prevention Standard (49 CFR part
541).
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Pursuant to 49 U.S.C. 33106 and 49
CFR 543.7 (b), the agency grants a
petition for exemption from the partsmarking requirements of Part 541 either
in whole or in part, if it determines that,
based upon substantial evidence, the
standard equipment antitheft device is
likely to be as effective in reducing and
deterring motor vehicle theft as
compliance with the parts-marking
requirements of Part 541. The agency
finds that Ford has provided adequate
reasons for its belief that the antitheft
device for the Ford Fusion vehicle line
is likely to be as effective in reducing
and deterring motor vehicle theft as
compliance with the parts-marking
requirements of the Theft Prevention
Standard (49 CFR part 541). This
conclusion is based on the information
Ford provided about its device.
The agency concludes that the device
will provide four of the five types of
performance listed in § 543.6(a)(3):
Promoting activation; preventing defeat
or circumvention of the device by
unauthorized persons; preventing
operation of the vehicle by
unauthorized entrants; and ensuring the
reliability and durability of the device.
For the foregoing reasons, the agency
hereby grants in full Ford’s petition for
exemption for the Fusion vehicle line
from the parts-marking requirements of
49 CFR part 541. The agency notes that
49 CFR part 541, Appendix A–1,
identifies those lines that are exempted
from the Theft Prevention Standard for
a given model year. 49 CFR 543.7(f)
contains publication requirements
incident to the disposition of all Part
543 petitions. Advanced listing,
including the release of future product
nameplates, the beginning model year
for which the petition is granted and a
general description of the antitheft
device is necessary in order to notify
law enforcement agencies of new
vehicle lines exempted from the partsmarking requirements of the Theft
Prevention Standard.
If Ford decides not to use the
exemption for this line, it must formally
notify the agency. If such a decision is
made, the line must be fully marked
according to the requirements under 49
CFR Parts 541.5 and 541.6 (marking of
major component parts and replacement
parts).
NHTSA notes that if Ford wishes in
the future to modify the device on
which this exemption is based, the
company may have to submit a petition
to modify the exemption. Part 543.7(d)
states that a Part 543 exemption applies
only to vehicles that belong to a line
exempted under this part and equipped
with the antitheft device on which the
line’s exemption is based. Further, Part
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Sfmt 4703
2445
543.9(c)(2) provides for the submission
of petitions ‘‘to modify an exemption to
permit the use of an antitheft device
similar to but differing from the one
specified in that exemption.’’
The agency wishes to minimize the
administrative burden that Part
543.9(c)(2) could place on exempted
vehicle manufacturers and itself. The
agency did not intend in drafting Part
543 to require the submission of a
modification petition for every change
to the components or design of an
antitheft device. The significance of
many such changes could be de
minimis. Therefore, NHTSA suggests
that if the manufacturer contemplates
making any changes, the effects of
which might be characterized as de
minimis, it should consult the agency
before preparing and submitting a
petition to modify.
Authority: 49 U.S.C. 33106; delegation of
authority at 49 CFR 1.50.
Issued on: January 7, 2011.
Joseph S. Carra,
Acting, Associate Administrator for
Rulemaking.
[FR Doc. 2011–567 Filed 1–12–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 6 (Sub-No. 473X)]
BNSF Railway Company—
Abandonment Exemption—in Rolette
and Towner Counties, ND
BNSF Railway Company (BNSF), filed
a verified notice of exemption under 49
C.F.R. pt. 1152 subpart F—Exempt
Abandonments to abandon 17.75 miles
of rail line between milepost 30.00,
north of Bisbee and milepost 47.75 at
Rolla, in Rolette and Towner Counties,
N.D.1 The line traverses United States
Postal Service Zip Codes 58317, 58363,
and 58367.
BNSF has certified that: (1) No local
traffic has moved over the line for at
least 2 years; 2 (2) there is no overhead
traffic on the line; (3) no formal
complaint filed by a user of rail service
on the line (or by a state or local
1 On December 23, 2010, the Rollo Job
Development Authority (RJDA) filed a letter in
opposition. While the Board will not delay service
and publication of this notice based on that letter
alone, RJDA has a number of post-publication/
service options available to it, as set forth in this
notice, should it choose to pursue the matter
further.
2 BNSF states that the line was embargoed on
March 29, 2007 due to soft track conditions and
sub-grade issues and the subsequent destruction by
fire of two bridges.
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Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
government entity acting on behalf of
such user) regarding cessation of service
over the line either is pending with the
Surface Transportation Board (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 report), 49 CFR 1105.8
(historic report), 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 Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 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 February
11, 2011, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,3
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),4 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by January
24, 2011. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by February 1,
2011, with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to BNSF’s
representative: Karl Morell, 1455 F St.,
NW., Suite 225, Washington, DC 20005.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
BNSF has filed a combined
environmental and historic report
which addresses the effects, if any, of
the abandonment on the environment
and historic resources. OEA will issue
an environmental assessment (EA) by
January 14, 2011. Interested persons
3 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. 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.
4 Each OFA must be accompanied by the filing
fee, which is currently set at $1,500. See 49 CFR
1002.2(f)(25).
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16:15 Jan 12, 2011
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may obtain a copy of the EA by writing
to OEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling OEA, at (202)
245–0305. 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 January 12, 2012, 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
‘‘WWW.STB.DOT.GOV.’’
Decided: January 10, 2011.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011–632 Filed 1–12–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35446]
City of Temple, Tex.—Acquisition
Exemption—Georgetown Railroad
Company
Surface Transportation Board.
Notice instituting proceeding;
request for comments.
AGENCY:
ACTION:
On December 15, 2010, the
City of Temple, Tex. (Temple), a
noncarrier, filed a petition under 49
U.S.C. 10502 for exemption from the
provisions of 49 U.S.C. 10901 to acquire
from the Georgetown Railroad Company
(Georgetown) an approximately 6.277mile line of railroad, between milepost
0.0, near Belton, and milepost 6.277, at
Smith, in Bell County, Tex. (the line),
and the trackage rights granted to
Georgetown to operate over the line.1 In
SUMMARY:
1 Temple has also concurrently filed a motion for
protective order pursuant to 49 CFR 1104.14(b) to
allow Temple to file the unredacted Purchase and
Sale Agreement under seal. That motion will be
addressed in a separate decision.
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Frm 00119
Fmt 4703
Sfmt 4703
a related transaction, Temple & Central
Texas Railway, Inc. (TCTR), a Class III
carrier, filed a verified notice of
exemption under 49 CFR 1150.41 to
operate over the line. That notice was
served and published in the Federal
Register on December 10, 2010 (75 FR
77,044). Temple & Central Tex. Ry.—
Operation Exemption—City of Temple,
Tex., FD 35447 (STB served Dec. 10,
2010). The Board seeks comments from
interested persons on Temple’s request
to acquire the line.
DATES: Written comments must be filed
with the Board by February 2, 2011.
Replies must be filed by February 9,
2011.
ADDRESSES: Comments may be
submitted either via the Board’s e-filing
format or in the traditional paper
format. Any person using e-filing should
attach a document and otherwise
comply with the instructions at the
E-FILING link on the Board’s Web site,
at https://www.stb.dot.gov. Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies to: Surface Transportation
Board, Attn: Docket No. FD 35446, 395
E Street, SW., Washington, DC 20423–
0001.
In addition, send one copy of any
comments to Louis E. Gitomer, Law
Offices of Louis E. Gitomer, 600
Baltimore Avenue, Suite 301, Towson,
MD 21204.
FOR FURTHER INFORMATION CONTACT: Julia
Farr at 202–245–0359. Assistance for the
hearing impaired is available through
the Federal Information Relay Service
(FIRS) at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: On
December 15, 2010, Temple filed a
petition under 49 U.S.C. 10502 for
exemption from the provisions of 49
U.S.C. 10901 to acquire the line.
Previously Temple had filed a notice of
exemption to acquire and operate over
the line.2 Temple stated in that notice
that the purpose of the acquisition was
to construct a pipeline underneath the
right-of-way and subsequently convert
the line into a trail under the National
Trails System Act, 16 U.S.C. 1247(d).
The Director of the Office of
Proceedings stated in the April 23
notice that the Board has found that
acquiring a line for the purpose of
abandoning rather than operating over it
constitutes a misuse of Board
procedures. Accordingly, Temple’s
notice was rejected without prejudice.
Subsequently, Temple entered into an
agreement with TCTR, which operates
2 City of Temple, Tex.—Acquisition and
Operation Exemption—Georgetown R.R. Co., FD
35369 (STB served Apr. 23, 2010) (April 23 notice).
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[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2445-2446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-632]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 6 (Sub-No. 473X)]
BNSF Railway Company--Abandonment Exemption--in Rolette and
Towner Counties, ND
BNSF Railway Company (BNSF), filed a verified notice of exemption
under 49 C.F.R. pt. 1152 subpart F--Exempt Abandonments to abandon
17.75 miles of rail line between milepost 30.00, north of Bisbee and
milepost 47.75 at Rolla, in Rolette and Towner Counties, N.D.\1\ The
line traverses United States Postal Service Zip Codes 58317, 58363, and
58367.
---------------------------------------------------------------------------
\1\ On December 23, 2010, the Rollo Job Development Authority
(RJDA) filed a letter in opposition. While the Board will not delay
service and publication of this notice based on that letter alone,
RJDA has a number of post-publication/service options available to
it, as set forth in this notice, should it choose to pursue the
matter further.
---------------------------------------------------------------------------
BNSF has certified that: (1) No local traffic has moved over the
line for at least 2 years; \2\ (2) there is no overhead traffic on the
line; (3) no formal complaint filed by a user of rail service on the
line (or by a state or local
[[Page 2446]]
government entity acting on behalf of such user) regarding cessation of
service over the line either is pending with the Surface Transportation
Board (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 report), 49 CFR 1105.8 (historic
report), 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.
---------------------------------------------------------------------------
\2\ BNSF states that the line was embargoed on March 29, 2007
due to soft track conditions and sub-grade issues and the subsequent
destruction by fire of two bridges.
---------------------------------------------------------------------------
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 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 February 11, 2011, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\3\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
January 24, 2011. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by February 1, 2011, with
the Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
---------------------------------------------------------------------------
\3\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. 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.
\4\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
BNSF's representative: Karl Morell, 1455 F St., NW., Suite 225,
Washington, DC 20005.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
BNSF has filed a combined environmental and historic report which
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by January 14, 2011. Interested persons may obtain a copy of the EA by
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling OEA, at (202) 245-0305. 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 January 12, 2012, 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
``WWW.STB.DOT.GOV.''
Decided: January 10, 2011.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-632 Filed 1-12-11; 8:45 am]
BILLING CODE 4915-01-P
