Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices 4967 

1Total mileage does not correspond to the 

milepost designations of the endpoints because the 

trackage rights involve BNSF subdivisions with 

non-contiguous mileposts. 

order to notify law enforcement 

agencies of new vehicle lines exempted 

from the parts marking requirements of 

the Theft Prevention Standard. 

Therefore, although VW has been 

granted confidential treatment for most 

aspects of its petition, the agency notes 

certain information that may be 

published in the Federal Register. If VW 

decides not to use the exemption for 

this line, it must formally notify the 

agency, and, thereafter, the line must be 

fully marked as required by 49 CFR 

parts 541.5 and 541.6 (marking of major 

component parts and replacement 

parts). 

NHTSA notes that if VW 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 Part 

543.9(c)(2) could place on exempted 

vehicle manufacturers and itself. The 

agency did not intend 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. 

We note that VW requested 

confidential treatment for the 

information and attachments it 

submitted in support of its petition. 

While the agency granted the 

petitioner’s request for confidential 

treatment of most aspects of its petition, 

we have released the model year for 

which the exemption is granted. This 

information is necessary for the law 

enforcement efforts to combat motor 

vehicle theft. That is, law enforcement 

officials need to know whether a given 

motor vehicle line was subject or 

exempted from the parts-marking 

requirements for a given model year. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Issued on: January 23, 2006. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E6–1073 Filed 1–27–06; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34820] 

Union Pacific Railroad Company—

Temporary Trackage Rights 

Exemption—BNSF Railway Company 

BNSF Railway Company (BNSF) 

pursuant to a written trackage rights 

agreement entered into between BNSF 

and Union Pacific Railroad Company 

(UP) has agreed to grant temporary 

overhead trackage rights to UP over 

BNSF’s line of railroad between Hobart 

Tower, CA (milepost 146.0), and 

Riverside, CA (milepost 9.8), a distance 

of approximately 57.7 miles.1

The transaction was scheduled to be 

consummated on January 16, 2006, but 

consummation could lawfully occur no 

earlier than January 17, 2006, the 

effective date of the exemption (7 days 

after the exemption was filed). The 

temporary trackage rights will expire on 

or about March 22, 2006. The purpose 

of the temporary trackage rights is to 

facilitate maintenance work on UP lines. 

As a condition to this exemption, any 

employee affected by the acquisition of 

the temporary trackage rights will be 

protected by the conditions imposed in 

Norfolk and Western Ry. Co.—Trackage 

Rights—BN, 354 I.C.C. 605 (1978), as 

modified in Mendocino Coast Ry., Inc.—

Lease and Operate, 360 I.C.C. 653 

(1980), and any employee affected by 

the discontinuance of those trackage 

rights will be protected by the 

conditions set out in Oregon Short Line 

R. Co.—Abandonment—Goshen, 360 

I.C.C. 91 (1979). 

This notice is filed under 49 CFR 

1180.2(d)(8). If it 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 transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34820, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Gabriel S. 

Meyer, Assistant General Attorney, 1400 

Douglas Street, STOP 1580, Omaha, NE 

68179. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: January 23, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 06–761 Filed 1–27–06; 8:45 am] 

BILLING CODE 4915–01–P 


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