55454 Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Notices

engine. Saab stated that those vehicles

that are equipped with a 2.3 liter engine

will not incorporate the fuel and

ignition immobilizer feature until MY

2000.

In order to ensure the reliability and

durability of the device, Saab stated that

it conducted tests of the antitheft device

which far exceeds the previous testing

program that was used to validate the

reliability and durability of the 1995

through 1998 vehicles.

Saab believes that the antitheft system

proposed for installation on its 900 line

is likely to be as effective in reducing

thefts as compliance with the partsmarking requirements of Part 541. It

believes that the antitheft system for

model years 1999 and later will provide

essentially the same functions and

features as found on today’s 1995

through 1998 system. Therefore, Saab

believes that the modified system will

provide at least the same level of theft

prevention over parts marking. Saab

supports its belief that its proposed

system will be no less effective than the

MY 1995 through 1998’s system by

comparing its MY 1995 preliminary

theft rate of 1.3973 for the 900 line with

the median theft rate of 3.5826

indicating that the agency’s theft data

supports its belief.

Saab also submitted information from

the Highway Loss Data Institute (HLDI),

which reported a comparison of the

number of claims per thousand insured

vehicles per year. HLDI’s September

1996 insurance theft report indicated a

theft index of 15 for the 1994 through

1995 Saab 900 line. This was the second

lowest figure for all large, midsize, and

small cars listed. The HLDI theft report

published in September 1997 indicated

a theft index of 13, a reduction from the

previous year’s index. HLDI reported

that the antitheft device installed on the

Saab 95 car line and sold in Sweden, has

been awarded the highest-ever security

ratings (96.7 % security rating) given by

Thatcham, the motor vehicle insurance

industry’s research centre.

The agency has evaluated Saab’s MY

1999 petition for modification of the

exemption for the 900 car line from the

parts-marking requirements of 49 CFR

Part 541, and has decided to grant it. It

has determined that the system is likely

to be as effective as parts marking in

preventing and deterring theft of these

vehicles, and therefore qualifies for an

exemption under 49 CFR Part 543. The

ability to arm the system using either

the ignition key or a remote transmitter

means that arming the system does not

require any additional action by the

driver, which means that the system is

more likely to be armed. The ability to

use the key or the remote to activate and

deactivate the starter immobilizer

improves the level of convenience for

the driver/operator to arm and disarm

the modified system over the present

system. Other improvements include

the addition of a battery backup for the

alarm siren, ‘‘free wheeling’’ door lock

cylinders, a tilt sensor that will detect

attempts to steal the vehicle by means

of flatbed or tow truck, and a panic

function feature.

In its petition, Saab also states that for

MY 1999, not all of the vehicles in the

900 car line will have the fuel and

ignition immobilizer features as part of

the antitheft system. One prerequisite to

qualifying for an exemption under Part

543 is that the antitheft device must be

installed as standard equipment on all

vehicles on a model line. 49 U.S.C.

Section 33106(b). Therefore, in

evaluating whether a system qualifies

for an exemption, the agency may

consider only those features that are

standard across the car line; and may

not consider features that are only

present on some vehicles in the line.

Accordingly, for the purpose of

evaluating whether the system installed

on the Saab 900 line for MY 1999

qualifies for an exemption under Part

543, the agency cannot consider the fuel

and ignition interrupt features to be part

of the system. Since these features are

present on the current system on the

Saab 900, this means that the agency

must treat the MY 1999 system as

though these features are no longer

included.

The absence of these features

diminishes the level of theft protection

somewhat from that provided by the MY

1995 system because the fuel and

ignition immobilizer will not be

standard equipment on the car line. The

agency believes, however, that the

decrease is not substantial and that even

without this feature, the system as

described in Saab’s petition for

modification will provide a level of theft

protection equivalent to parts marking.

The agency notes that Saab has stated

in its petition that it plans to install the

fuel and ignition immobilizer features in

all vehicles in the 900 car line beginning

with MY 2000. If Saab does in fact

decide to add these features as standard

equipment on the 900 line, it must file

either a new petition for modification of

the exemption or a request for de

minimis treatment for the system that

incorporates these features.

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: October 21, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–28291 Filed 10–23–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Section 5a Application No. 34 (Amendment

No. 9)]

Middlewest Motor Freight Bureau, Inc.

AGENCY: Surface Transportation Board;

DOT.

ACTION: Request for comments.

SUMMARY: The Surface Transportation

Board is seeking comments from

interested persons on the application

filed by the Middlewest Motor Freight

Bureau, Inc. (MWB) for approval of

amendments to its by-laws. The

proposed amendments are described

below.

DATES: Comments are due by November

24, 1997.

ADDRESSES: Send an original and 10

copies of pleadings to Section 5a

Application No. 34 (Amendment No. 9)

to: Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, D.C.

20423–0001. Also send one copy to

MWB’s representative: Bryce Rea, Jr.,

1920 N Street, NW., Washington, DC

20036.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 565–1600 (TDD

for the hearing impaired: (202) 565–

1695.)

SUPPLEMENTARY INFORMATION: MWB is

seeking Surface Transportation Board

approval of several minor amendments

to its by-laws. MWB states that the

amendments would reduce the number

of directors and quorum requirements

for meetings of the board of directors

(the Board) of MWB, reduce the size of

the nominating committee for the Board,

revise titles of officers, authorize the

Board to fill vacancies on the Board,

allow for greater flexibility in

scheduling and holding Board meetings,

and eliminate territorial classifications

for the Board or for directors.

MWB proposes to change the titles of

Board members as follows: ‘‘Executive

Vice President’’ would be changed to

‘‘President’’, ‘‘President’’ would be

changed to ‘‘Chairman of the Board’’,

and ‘‘Vice President’’ would be changed

to ‘‘Vice Chairman of the Board.’’
Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Notices 55455

1MWB has other amendments to its Agreement

pending before the Board in Section 5a Application

No. 34 (Amendment No. 8), Middlewest Motor

Freight Bureau, Inc., which seeks territorial

expansion of its collective ratemaking agreement.

This request is being considered in Section 5a

Application No. 118 (Amendment No. 1), et al., ECMAC Motor Carriers Service Association, Inc., et al.

MWB also proposes to delete from

§§ 6.4, 6.5 and 6.6 provisions which

were added to implement a merger with

the Central States Motor Freight Bureau,

Inc. (CSB) that was authorized in

Middlewest Freight Bureau, Inc., and

Central States Motor Freight Bureau,

Inc—Merger Agreement, Section 5a

Application No. 34 (ICC served July 9,

1993).

Section 6.3 would be amended to

reduce the membership of the Board

from 27 directors to 18 directors and to

eliminate territorial classifications

which apportioned seats on the Board

and certain Board committees according

to the territories comprising the

expanded MWB territory, viz.,

Southwestern Territory, Middlewest

Territory, and Central States Territory.

MWB states that these classifications are

no longer necessary. Language would

also be eliminated which governed the

election of the first Board after the

merger with CSB.

A new Section 6.4 would be added

which would stagger the terms of

directors so that one-third are elected

each year. Section 6.5 would be

amended to reduce the nominating

committee from 9 directors to 4

directors. A provision would be added

to Section 6.6 authorizing the Board to

fill vacancies if an insufficient number

of directors are elected. Section 6.9

would be amended to authorize the

Board to fill vacancies resulting from

death, resignation, inability to serve, or

expulsion.

Section 8.1 would be amended to

delete the requirement for quarterly

Board meetings. MWB states that

regularly scheduled Board meetings are

no longer necessary. Section 12.1 would

be amended to authorize the Board to

call and hold meetings when needed.

Section 12.3 would be amended to

authorize Board meetings by telephone

conference call and to permit fax or

telephone notices of emergency Board

meetings. Section 12.4 would be

amended to reduce the quorum

requirement for Board meetings from 10

to 7.

MWB states that the amendments do

not relate to and are not affected by

territorial expansion and do not involve

or affect MWB’s collective ratemaking

activities.1 MWB states that the Board

has no ratemaking authority, as that

authority remains vested in the General

Rate Committee. MWB states that these

proposed amendments do not change

the composition of the General Rate

Committee or any of its functions.

We seek comment on whether these

proposed amendments meet the criteria

of 49 U.S.C. 13703(a)(2). Comments on

these proposed amendments should be

filed in this docket.

Copies of the application and the

amendments are available for inspection

and copying at the Office of the

Secretary, Surface Transportation Board,

1925 K Street, NW, Washington, DC

20423 and from applicant’s counsel.

Decided: October 16, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–28149 Filed 10–23–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33485]

St. Lawrence & Atlantic Railroad Co.—

Lease and Operation Exemption—

Berlin Mills Railway, Inc.

St. Lawrence & Atlantic Railroad

Company (SL&A), a Class III rail carrier,

has filed a verified notice of exemption

under 49 CFR 1150.41 to acquire and

operate rail lines owned by Berlin Mills

Railway, Inc., in Coos County, NH, as

follows: (1) Approximately 5.5 route

miles between milepost 154.6 at Berlin

and milepost 149.1 at Gorham; and (2)

approximately 0.5 route miles of rail

line (which does not have salient

milepost designations) in the vicinity of

Berlin. The total distance of the rail

lines to be leased by SL&A is

approximately 6.0 route miles. The

transaction was expected to be

consummated soon after October 9,

1997, the effective date of the

exemption.

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 transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33485, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW, Washington, DC 20423–

0001 and served on: Kevin M. Sheys

and Edward J. Fishman, Oppenheimer

Wolff & Donnelly, 1020 Nineteenth

Street, NW, Suite 400, Washington, DC

20036.

Decided: October 16, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams

Secretary

[FR Doc. 97–28150 Filed 10–23–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33484]

St. Lawrence & Atlantic Railroad Co.—

Acquisition and Operation

Exemption—New Hampshire &

Vermont Railroad Co.

St. Lawrence & Atlantic Railroad

Company (SL&A), a Class III rail carrier,

has filed a verified notice of exemption

under 49 CFR 1150.41 to acquire and

operate approximately 1 route mile of

rail line owned by New Hampshire &

Vermont Railroad Co., in the vicinity of

Groveton, in Coos County, NH. The

transaction was expected to be

consummated soon after October 9,

1997, the effective date of the

exemption.

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 transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33484, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW, Washington, DC 20423–

0001 and served on: Kevin M. Sheys

and Edward J. Fishman, Oppenheimer

Wolff & Donnelly, 1020 Nineteenth

Street, NW, Suite 400, Washington, DC

20036.

Decided: October 16, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–28151 Filed 10–23–97; 8:45 am]

BILLING CODE 4915–00–P