Clarkdale Arizona Central Railroad, L.C.-Trackage Rights Exemption-Drake Cement, LLC, 47051 [2013-18679]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Notices noncompliance so that it will not reoccur in future production. In summation, Cooper believes that the described noncompliance of the subject tires is inconsequential to motor vehicle safety, and that its petition, to exempt Cooper from providing recall notification of noncompliance as required by 49 U.S.C. 30118 and remedying the recall noncompliance as required by 49 U.S.C. 30120 should be granted. NHTSA Decision: The agency agrees with Cooper that the noncompliance is inconsequential to motor vehicle safety. The agency believes that the true measure of inconsequentiality to motor vehicle safety in this case is that there is no effect of the noncompliance on the operational safety of vehicles on which these tires are mounted. The safety of people working in the tire retread, repair, and recycling industries must also be considered. Although tire construction affects the strength and durability, neither the agency nor the tire industry provides information relating tire strength and durability to the number of plies and types of ply cord material in the tread and sidewall. Therefore, tire dealers and customers should consider the tire construction information along with other information such as the load capacity, maximum inflation pressure, and tread wear, temperature, and traction ratings to assess performance capabilities of various tires. In the agency’s judgment, the incorrect labeling of the tire construction information will have an inconsequential effect on motor vehicle safety because most consumers do not base tire purchases or vehicle operation parameters on the number of plies in a tire. The agency also believes the noncompliance will have no measurable effect on the safety of the tire retread, repair, and recycling industries. The use of steel cord construction in the sidewall and tread is the primary safety concern of these industries. In this case, since the tires are marked correctly with respect to steel ply content, this potential safety concern does not exist. In consideration of the foregoing, NHTSA has decided that Cooper has met its burden of persuasion that the FMVSS No. 139 noncompliance in the tires identified in Cooper’s Noncompliance Information Report is inconsequential to motor vehicle safety. Accordingly, Cooper’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. VerDate Mar<15>2010 18:55 Aug 01, 2013 Jkt 229001 NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to approximately 1,080 tires that Cooper no longer controlled at the time that it determined that a noncompliance existed in the subject tires. However, the granting of this petition does not relieve tire distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after Cooper notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Issued on: July 25, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–18577 Filed 8–1–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35742] Clarkdale Arizona Central Railroad, L.C.—Trackage Rights Exemption— Drake Cement, LLC Drake Cement, LLC (Drake), pursuant to a written Trackage Rights Agreement (Agreement) dated May 11, 2012, has agreed to grant overhead trackage rights to Clarkdale Arizona Central Railroad, L.C. (CACR) over Drake’s Track Nos. 3907, 3924, 3921 and 3904 located between milepost 0 + 15 feet and milepost 0 + 3000 feet, in Drake, Ariz., a distance of 2,985 feet in length.1 The Agreement also grants CACR the right to operate over Drake’s Track Nos. 3922 and 3923 to provide switching operations for Drake. Both Drake and CACR are Class III rail carriers. The transaction is scheduled to be consummated on or after August 16, 2013, the effective date of the exemption (30 days after the exemption was filed). 1 A redacted trackage rights agreement between Drake and CACR was filed with the notice of exemption. An unredacted version was filed under seal along with a motion for protective order, which will be addressed in a separate decision. PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 47051 Although Drake owns the above tracks, CACR states that the BNSF Railway Company (BNSF) retains an operating easement over the 2,985 feet of trackage. The purpose of the transaction is to permit CACR to interchange traffic with BNSF and to provide switching operations for Drake. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed by August 9, 2013 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35742, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Karl Morell, Ball Janik LLP, Suite 225, 655 Fifteenth Street NW., Washington, DC 20005. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: July 30, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–18679 Filed 8–1–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Forms 943, 943–PR, 943– A, and 943A–PR Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed SUMMARY: E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Notices]
[Page 47051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18679]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35742]


Clarkdale Arizona Central Railroad, L.C.--Trackage Rights 
Exemption--Drake Cement, LLC

    Drake Cement, LLC (Drake), pursuant to a written Trackage Rights 
Agreement (Agreement) dated May 11, 2012, has agreed to grant overhead 
trackage rights to Clarkdale Arizona Central Railroad, L.C. (CACR) over 
Drake's Track Nos. 3907, 3924, 3921 and 3904 located between milepost 0 
+ 15 feet and milepost 0 + 3000 feet, in Drake, Ariz., a distance of 
2,985 feet in length.\1\ The Agreement also grants CACR the right to 
operate over Drake's Track Nos. 3922 and 3923 to provide switching 
operations for Drake. Both Drake and CACR are Class III rail carriers.
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    \1\ A redacted trackage rights agreement between Drake and CACR 
was filed with the notice of exemption. An unredacted version was 
filed under seal along with a motion for protective order, which 
will be addressed in a separate decision.
---------------------------------------------------------------------------

    The transaction is scheduled to be consummated on or after August 
16, 2013, the effective date of the exemption (30 days after the 
exemption was filed).
    Although Drake owns the above tracks, CACR states that the BNSF 
Railway Company (BNSF) retains an operating easement over the 2,985 
feet of trackage. The purpose of the transaction is to permit CACR to 
interchange traffic with BNSF and to provide switching operations for 
Drake.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
& Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the notice 
contains false or misleading information, the exemption is void ab 
initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may 
be filed at any time. The filing of a petition to revoke will not 
automatically stay the effectiveness of the exemption. Petitions for 
stay must be filed by August 9, 2013 (at least 7 days before the 
exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35742, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Karl Morell, Ball Janik LLP, Suite 225, 655 
Fifteenth Street NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: July 30, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-18679 Filed 8-1-13; 8:45 am]
BILLING CODE 4915-01-P

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