25976 Federal Register / Vol. 65, No. 87 / Thursday, May 4, 2000 / Notices

‘‘Defect and Noncompliance Reports.’’

Ford has also applied to be exempted

from the notification and remedy

requirements of 49 U.S.C. Chapter 301—

‘‘Motor Vehicle Safety’’ on the basis that

the noncompliance is inconsequential to

motor vehicle safety.

Notice of receipt of an application

was published, with a 30-day comment

period, on December 20, 1999, in the

Federal Register (64 FR 71181). NHTSA

received no comments on this

application during the comment period.

Paragraph S5.4.3(b) of FMVSS No.

135 states that the brake fluid warning

statement lettering shall be ‘‘located so

as to be visible by direct view, either on

or within 100 mm (3.94 inches) of the

brake fluid reservoir filler plug or cap.’’

Ford manufactured approximately

11,000 model year 2000 Focus vehicles

that may not comply with the

requirement that the brake fluid label be

located within 100 mm of the reservoir

filler plug or cap. All Ford Focus

vehicles that are potentially in

noncompliance with this requirement

were manufactured between October 7,

1999 and October 20, 1999. According

to Ford, the location of the labels

containing the required lettering was

not controlled and, while clearly visible

by direct view, some labels were located

such that the lettering is 120 to 130 mm

distance from the reservoir filler cap.

Ford believes this condition to be

inconsequential to motor vehicle safety.

Ford stated in its application that the

noncompliance was precipitated by a

production change. Prior to the

production change, the labels were

affixed by Ford during vehicle

assembly. The production change

resulted in the brake fluid warning

labels being affixed by the supplier of

the vehicle component on which the

labels are mounted. The supplier was

not aware of the importance of the

positioning of the brake fluid warning

label on the vehicle component.

According to Ford, the manufacturing

process has been extensively reviewed,

the cause of the noncompliance has

been isolated, and changes in the

manufacturing process have been

instituted to prevent any future

occurrence of this noncompliance.

Ford’s petition included a brake fluid

warning label of the type affixed to the

2000 model year Focus. Ford also

provided photographs of an engine

compartment in which the label is

properly located (approximately 75 mm

from the brake fluid reservoir cap) and

an engine compartment with an

improperly located label. Ford

supported its claim that the

noncompliance is inconsequential by

stating that the subject labels meet all

other federal requirements, and the

location of these labels does not present

reasonably anticipated risks to motor

vehicle safety.

The agency believes that the true

measure of inconsequentiality to motor

vehicle safety is the effect of the

noncompliance on the availability of the

brake fluid warning labels for review by

the vehicle operators and service

technicians. Ford has supplied the

agency with photographs which

indicate that, although the brake fluid

warning labels are not located within

the specified distance from the brake

fluid reservoir filler cap, the labels are

plainly visible by direct view and in

close proximity to the reservoir filler

cap. In this instance, the agency does

not believe the noncompliance is a

threat to motor vehicle safety.

In consideration of the foregoing,

NHTSA has decided that the applicant

has met its burden of persuasion that

the noncompliance it describes is

inconsequential to safety. Accordingly,

its application is granted, and the

applicant is exempted from providing

the notification of the noncompliance

that would be required by 49 U.S.C.

30118, and from remedying the

noncompliance, as would be required

by 49 U.S.C. 30120.

(49 U.S.C. 30118, 30120; delegations of

authority at 49 CFR 1.50 and 501.8)

Issued on: April 28, 2000.

Stephen R. Kratzke,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 00–11167 Filed 5–3–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33782]

Entergy Arkansas and Entergy Rail—

Construction and Operation

Exemption—White Bluff to Pine Bluff,

AR

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

SUMMARY: Under 49 U.S.C. 10502, the

Board conditionally exempts from the

prior approval requirements of 49 U.S.C.

10901 the construction and operation by

Entergy Rail of an 8.6-mile line of

railroad from White Bluff to Pine Bluff,

AR.

DATES: The exemption will not become

effective until the environmental review

process is completed. The Board will

then issue a further decision addressing

the environmental matters and

establishing an exemption effective

date, if appropriate. Petitions to reopen

must be filed by May 24, 2000.

ADDRESSES: Send pleadings, referring to

STB Finance Docket No. 33782, to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423–

0001; and (2) John R. Molm, Troutman

Sanders LLP, 1300 I Street, N.W., Suite

500 East, Washington, DC 20005–3314.

FOR FURTHER INFORMATION CONTACT: Julia

M. Farr, (202) 565–1613. [TDD for the

hearing impaired: 1–800–877–8339.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Board’s decision available on our

website at ‘‘WWW.STB.DOT.GOV.’’

Decided: April 25, 2000.

By the Board, Chairman Morgan, Vice

Chairman Burkes, and Commissioner

Clyburn.

Vernon A. Williams,

Secretary.

[FR Doc. 00–10784 Filed 5–3–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33867]

Heart of Georgia Railroad, Inc.—

Acquisition and Operation

Exemption—State of Georgia and

Georgia Southwestern Railroad, Inc.

Heart of Georgia Railroad, Inc. (HOG),

a noncarrier, has filed a verified notice

of exemption under 49 CFR 1150.31 to

acquire and/or operate four contiguous

sections of rail line totaling 177.76 miles

between Vidalia, GA, and Mahrt, AL,

owned by the State of Georgia,

Department of Transportation (State),

and the Georgia Southwestern Railroad,

Inc. (GSWR), as follows: (1) HOG will

lease (by assignment of GSWR’s rights

under a lease with State) State’s segment

of the rail line between milepost 577.85,

at or near Vidalia, and milepost 644.00,

at Rochelle, GA, and the .48-mile

Abbeville Wye Track, at Abbeville, GA;

(2) HOG will acquire the exclusive rail

freight easement over GSWR’s segment

between milepost 644.00, at Rochelle,

and milepost 713.00, at or near Preston,

GA; (3) HOG will lease State’s segment

between milepost 713.00, at or near

Preston, and milepost 753.00, at Omaha,

GA; and (4) HOG will acquire the

exclusive rail freight easement over

GSWR’s segment between milepost

753.00, at Omaha, and milepost 755.13,

at Mahrt, AL. All of the segments will

be operated by HOG.