BNSF Railway Company-Abandonment Exemption-in Washington County, MN, 41558-41559 [2011-17713]

Download as PDF wreier-aviles on DSKGBLS3C1PROD with NOTICES 41558 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices experienced when comparing MY 1997 Mustang vehicle thefts (with immobilizers) to MY 1995 Mustang vehicle thefts (without immobilizers). Mazda also stated that the Highway Loss Data Institute’s (HLDI) September 1997 Theft Loss Bulletin reported an overall theft loss decrease of approximately 50% for both the Ford Mustang and Taurus models upon installation of an antitheft immobilization device. Additionally, Mazda referenced a July 2000 International Institute for Highway Safety news release which reported that when comparing theft loss data before and after equipping vehicles with passive immobilizer devices, the data showed an average theft reduction of approximately 50% for vehicles with immobilizer devices. Based on the supporting evidence submitted by Mazda, the agency believes that the antitheft device for the Mazda CX–5 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). The agency also notes 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. 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 Mazda has provided adequate reasons for its belief that the antitheft device for its new 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 Mazda provided about its device. For the foregoing reasons, the agency hereby grants in full Mazda’s petition for exemption for the Mazda CX–5 vehicle line from the parts-marking requirements of 49 CFR part 541, beginning with MY 2013 vehicles. 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 VerDate Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 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 parts-marking requirements of the Theft Prevention Standard. If Mazda 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 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if Mazda 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 anti-theft device on which the line’s exemption is based. Further, § 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 § 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: July 8, 2011. Christopher J. Bonanti, Associate Administrator for Rulemaking. [FR Doc. 2011–17715 Filed 7–13–11; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 6 (Sub-No. 474X)] BNSF Railway Company— Abandonment Exemption—in Washington County, MN BNSF Railway Company (BNSF) filed a verified notice of exemption under 49 CFR Part 1152 subpart F—Exempt Abandonments to abandon a 0.51-mile line of railroad between milepost 15.59 and milepost 16.10 in Washington County, MN.1 The line traverses United States Postal Service Zip Code 55038. BNSF has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has been handled on the line for at least 2 years; (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 Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period. As provided under 49 CFR 1105.11, BNSF has certified that it served its Environmental and Historic Reports as required under 49 CFR 1105.7 and 1105.8. BNSF also has certified that 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 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. All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on August 13, 2011, unless stayed pending 1 This transaction is related to a concurrently filed notice of exemption in Docket No. AB 882 (Sub-No. 3X), Minnesota Commercial Railway Company—Discontinuance of Service Exemption— in Washington County, Minnesota, in which Minnesota Commercial Railway Company seeks an exemption to discontinue its lease operations over the same 0.51-mile rail line. E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices wreier-aviles on DSKGBLS3C1PROD with NOTICES reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by July 25, 2011. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 3, 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: Courtney Biery Estes, General Attorney, BNSF Railway Company, 2500 Lou Menk Drive, AOB– 3, Fort Worth, TX 76131. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed environmental and historic reports that address the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by July 19, 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 July 14, 2012, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. 2 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. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). VerDate Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 Board decisions and notices are available on our Web site at HTTP:// WWW.STB.DOT.GOV. Decided: July 11, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–17713 Filed 7–13–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 882 (Sub–No. 3X)] Minnesota Commercial Railway Company—Discontinuance of Service Exemption—in Washington County, MN 1 Minnesota Commercial Railway Company (MNNR) filed a verified notice of exemption under 49 CFR Part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over a 0.51-mile line of railroad owned by BNSF Railway Company (BNSF) between milepost 15.59 and milepost 16.10 at Hugo, in Washington County, MN. The line traverses United States Postal Service Zip Code 55038.2 MNNR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has been handled on the line for at least 2 years; and (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 Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period. MNNR also has certified that 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 this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line 1 This transaction is related to a concurrently filed verified notice of exemption filed in Docket No. AB 6 (Sub–No. 474X), BNSF Railway Company—Abandonment Exemption—in Washington County, MN, in which BNSF seeks an exemption under 49 CFR Part 1152 subpart F to abandon the same 0.51-mile line. 2 MNNR was authorized to lease and operate the line in Minnesota Commercial Railway Company— Lease & Operation Exemption—Burlington Northern Santa Fe Railway Co., FD 33577 (STB served Apr. 10, 1998). PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 41559 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 August 13, 2011, 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) 3 must be filed by July 25, 2011.4 Petitions to reopen must be filed by August 3, 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 MNNR’s representative: Karl Morell, Ball Janik LLP, 655 Fifteenth Street, NW., Suite 225, Washington, DC 20005. 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: July 11, 2011. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Andrea Pope-Matheson, Clearance Clerk. [FR Doc. 2011–17719 Filed 7–13–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue, NW.,Washington, DC, on August 2, 2011 at 9:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Securities Industry and Financial Markets Association. 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,500. See 49 CFR 1002.2(f)(25). 4 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 historic documentation is required here under 49 CFR 1105.6(c) and 49 CFR 1105.8(b), respectively. E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41558-41559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17713]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 6 (Sub-No. 474X)]


BNSF Railway Company--Abandonment Exemption--in Washington 
County, MN

    BNSF Railway Company (BNSF) filed a verified notice of exemption 
under 49 CFR Part 1152 subpart F--Exempt Abandonments to abandon a 
0.51-mile line of railroad between milepost 15.59 and milepost 16.10 in 
Washington County, MN.\1\ The line traverses United States Postal 
Service Zip Code 55038.
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    \1\ This transaction is related to a concurrently filed notice 
of exemption in Docket No. AB 882 (Sub-No. 3X), Minnesota Commercial 
Railway Company--Discontinuance of Service Exemption--in Washington 
County, Minnesota, in which Minnesota Commercial Railway Company 
seeks an exemption to discontinue its lease operations over the same 
0.51-mile rail line.
---------------------------------------------------------------------------

    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has been handled on 
the line for at least 2 years; (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 Surface Transportation Board (Board) or 
with any U.S. District Court or has been decided in favor of 
complainant within the 2-year period. As provided under 49 CFR 1105.11, 
BNSF has certified that it served its Environmental and Historic 
Reports as required under 49 CFR 1105.7 and 1105.8. BNSF also has 
certified that 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 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.
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Provided no formal 
expression of intent to file an offer of financial assistance (OFA) has 
been received, this exemption will be effective on August 13, 2011, 
unless stayed pending

[[Page 41559]]

reconsideration. Petitions to stay that do not involve environmental 
issues,\2\ formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),\3\ and trail use/rail banking requests under 49 CFR 
1152.29 must be filed by July 25, 2011. Petitions to reopen or requests 
for public use conditions under 49 CFR 1152.28 must be filed by August 
3, 2011, with the Surface Transportation Board, 395 E Street, SW., 
Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \2\ 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.
    \3\ 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: Courtney Biery Estes, General Attorney, BNSF 
Railway Company, 2500 Lou Menk Drive, AOB-3, Fort Worth, TX 76131.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed environmental and historic reports that address the 
effects, if any, of the abandonment on the environment and historic 
resources. OEA will issue an environmental assessment (EA) by July 19, 
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 July 14, 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 HTTP://WWW.STB.DOT.GOV.

    Decided: July 11, 2011.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2011-17713 Filed 7-13-11; 8:45 am]
BILLING CODE 4915-01-P