12222 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 

the ID codes to the Transponder Key 

ECU assembly to verify the code. When 

the key code has been verified, the 

immobilizer allows the ECM to start the 

engine. 

Toyota also stated that there will be 

position switches installed in the 

vehicle to protect the hood and doors. 

The sensors will trigger the antitheft 

device when it detects inappropriate 

opening of the hood (i.e., from outside 

the vehicle, instead of using the interior 

release) and inappropriate opening of 

the door (i.e., when the doors are 

opened without using a key or wireless 

switch/key FOB). 

In addressing the specific content 

requirements of 543.6, Toyota provided 

information on the reliability and 

durability of its proposed device. To 

ensure reliability and durability of the 

device, Toyota conducted tests based on 

its own specified standards. Toyota 

provided a detailed list of the tests 

conducted (i.e., high and low 

temperature, strength, impact, vibration, 

electro-magnetic interference, etc.). 

Toyota stated that it believes that its 

device is reliable and durable because it 

complied with its own specific design 

standards and it is installed in other 

vehicle lines for which the agency has 

granted a parts-marking exemption. 

Additionally, Toyota stated that there 

are approximately 20,000 combinations 

for the key cylinders and key plates for 

its outer gutter keys and approximately 

10,000 for its inner gutter keys, making 

it very difficult to unlock the doors 

without valid keys. 

Toyota informed the agency that its 

Corolla vehicle line has been equipped 

with the device beginning with its MY 

2005 vehicles. Toyota referenced 

NHTSA published theft rate data for 

several years before and after the Corolla 

vehicle line was equipped with a 

standard immobilizer. Toyota stated that 

the average theft rate for the Corolla 

dropped to 2.1 per 1,000 cars produced 

between MYs 2005–2008 (with a 

standard immobilizer) from 4.0 per 

1,000 cars produced between MYs 

1996–1999 (without a standard 

immobilizer). Toyota stated that this 

represents approximately a 47.5% 

decrease in the theft rate with 

installation of a standard immobilizer 

for the Toyota Corolla vehicle line when 

compared to the average for the Corolla 

when it was parts marked. Toyota 

believes that installing the immobilizer 

as standard equipment reduces the theft 

rate and therefore would be more 

effective than parts-marking labels. 

Toyota also revealed that the Toyota 

Camry and Lexus LS and GS vehicle 

lines have all been granted partsmarking exemptions by the agency. The 

theft rates for the Toyota Camry and 

Lexus LS and GS vehicle lines using an 

average of three model years data are 

1.6742, 1.3567 and 1.0961 respectively. 

Therefore, Toyota has concluded that 

the antitheft device proposed for its 

vehicle line is no less effective than 

those devices in the lines for which 

NHTSA has already granted full 

exemption from the parts-marking 

requirements. 

Based on the evidence submitted by 

Toyota, the agency believes that the 

antitheft device for the Corolla vehicle 

line is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the Theft 

Prevention Standard (49 CFR 541). 

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 Toyota has provided adequate 

reasons for its belief that the antitheft 

device for the Toyota Corolla vehicle 

line is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the Theft 

Prevention Standard (49 CFR part 541). 

This conclusion is based on the 

information Toyota provided about its 

device. 

The agency concludes that the device 

will provide four or five of the types of 

performance listed in § 543.6(a)(3): 

Promoting activation; attract attention to 

the efforts of an unauthorized person to 

enter or move a vehicle by means other 

than a key; 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 Toyota’s petition 

for exemption for the Toyota Corolla 

vehicle line from the parts-marking 

requirements of 49 CFR part 541, 

beginning with the 2012 model year 

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 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 Toyota decides not to use the 

exemption for this line, it should 

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 Toyota 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, 

§ 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: March 1, 2011. 

Joseph S. Carra, 

Acting Associate Administrator for 

Rulemaking. 

[FR Doc. 2011–4951 Filed 3–3–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 303 (Sub-No. 37X)] 

Wisconsin Central, Ltd.— 

Abandonment Exemption—in 

Marathon County, WI 

Wisconsin Central, Ltd. (WCL), filed a 

verified notice of exemption under 49 

CFR part 1152 subpart F–Exempt 


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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 12223 

1WCL is a wholly owned subsidiary of Canadian 

National Railway Company. 

2The 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. 

3Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

1Watco indirectly owns 100% of the issued and 

outstanding stock of ANRR. 

Abandonments to abandon 1.14 miles of 

rail line between mileposts 17.50 and 

18.64, in Weston, Marathon County, 

Wis.1 The line traverses United States 

Postal Service Zip Code 54474. 

WCL has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (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 

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(c) 

(environmental 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 April 5, 

2011, unless stayed pending 

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 March 14, 

2011. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by March 24, 

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 WCL’s 

representative: Thomas J. Healey, 17641 

S. Ashland Ave., Homewood, IL 60430. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

WCL 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 

March 11, 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), WCL 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 

WCL’s filing of a notice of 

consummation by March 4, 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: February 28, 2011. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Andrea Pope-Matheson, 

Clearance Clerk. 

[FR Doc. 2011–4844 Filed 3–3–11; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35464] 

Watco Holdings, Inc.—Continuance in 

Control Exemption—Autauga Northern 

Railroad, L.L.C. 

Watco Holdings, Inc. (Watco), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1180.2(d)(2) to 

continue in control of Autauga Northern 

Railroad, L.L.C. (ANRR), upon ANRR’s 

becoming a Class III rail carrier.1

This transaction is related to a 

concurrently filed notice of exemption 

in Docket No. FD 35465, Autauga 

Northern Railroad, L.L.C.—Lease and 

Operation Exemption—Norfolk 

Southern Railway Company. In that 

proceeding, ANRR seeks an exemption 

under 49 CFR 1150.31 to acquire by 

lease from Norfolk Southern Railway 

Company (NSR) and to operate 

approximately 43.62 miles of rail lines, 

located between: (1) Milepost MA 

130.00, at Maplesville, Ala., and 

milepost MA 171.05, at Autauga Creek, 

Ala.; and (2) milepost MD 0.00 and 

milepost MD 2.57, at Autauga Creek. 

ANRR will also acquire from NSR 

approximately 10.08 miles of incidental 

trackage rights over a rail line owned by 

CSX Transportation, Inc., extending 

between milepost 171.02, at Autauga 

Creek, and milepost 181.1, at 

Montgomery, Ala. 

The parties intend to consummate the 

transaction on or shortly after March 19, 

2011 (the effective date of this notice). 

Watco currently controls 22 Class III 

rail carriers: South Kansas and 

Oklahoma Railroad Company, Inc.; 

Palouse River & Coulee City Railroad, 

L.L.C.; Timber Rock Railroad, L.L.C.; 

Stillwater Central Railroad, L.L.C.; 

Eastern Idaho Railroad, L.L.C.; Kansas & 

Oklahoma Railroad, L.L.C.; 

Pennsylvania Southwestern Railroad, 

L.L.C.; Great Northwest Railroad, L.L.C.; 

Kaw River Railroad, L.L.C.; Mission 

Mountain Railroad, L.L.C.; Mississippi 

Southern Railroad, L.L.C.; Yellowstone 

Valley Railroad, L.L.C.; Louisiana 

Southern Railroad, L.L.C.; Arkansas 

Southern Railroad, L.L.C.; Alabama 

Southern Railroad, L.L.C.; Vicksburg 

Southern Railroad, L.L.C.; Austin 

Western Railroad, L.L.C.; Baton Rouge 

Southern Railroad, L.L.C.; Pacific Sun 

Railroad L.L.C.; Grand Elk Railroad, 

Inc.; Alabama Warrior Railway, L.L.C.; 

and Boise Valley Railroad, L.L.C. 

Watco represents that: (1) The rail 

lines to be operated by ANRR do not 

connect with any other railroads in the 

Watco corporate family; (2) the 

transaction is not part of a series of 

anticipated transactions that would 

connect these rail lines with any other 

railroad in the Watco corporate family; 

and (3) the transaction does not involve 

a Class I rail carrier. Therefore, the 

transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 


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