Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Notices 69131

1BTRC is an existing carrier currently operating

in Seattle, WA. See Ballard Terminal Railroad

Company, L.L.C.—Modified Rail Certificate, STB

Finance Docket No. 33594 (STB served Feb. 26,

1999).

2After consummation of the transaction in STB

Finance Docket No. 33959, the line will be referred

to as the Meeker Southern Railroad line.

placement of brake controls, and cited it

in granting the similar petition by

Vectrix. In the present case, the number

of favorable comments appear to sustain

our previous conclusions.

With respect to the public interest and

the objectives of motor vehicle safety,

the overall level of safety, as Honda

argues, appears at least equal to that of

vehicles certified to comply with

Standard No. 123. The numerous

comments make convincing arguments

that an exemption would be in the

public interest by making available a

compact, fuel-efficient vehicle that

would not otherwise be available

without an exemption.

In consideration of the foregoing, we

hereby find that Honda has met its

burden of persuasion that, to require

compliance with Standard No. 123

would prevent the manufacturer from

selling a motor vehicle with an overall

level of safety at least equal to the

overall safety level of nonexempt

vehicles. We further find that a

temporary exemption is in the public

interest and consistent with the

objectives of motor vehicle safety.

Accordingly, Honda Motor Co. Ltd. is

hereby granted NHTSA Temporary

Exemption No. EX2000–2 from the

requirements of item 11, Column 2,

Table 1 of 49 CFR 571.123 Standard No.

123 Motorcycle Controls and Displays,

that the rear wheel brakes be operable

through the right foot control. This

exemption applies only to the NSS250,

and will expire on November 1, 2002.

(49 U.S.C. 30113; delegations of authority at

49 CFR 1.50)

Issued on November 8, 2000.

Sue Bailey,

Administrator.

[FR Doc. 00–29240 Filed 11–14–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33959]

Ballard Terminal Railroad Company,

L.L.C. d/b/a Meeker Southern

Railroad—Acquisition and Operation

Exemption—The Burlington Northern

and Santa Fe Railway Company

Ballard Terminal Railroad Company,

L.L.C. (BTRC), a limited liability

company doing business as Meeker

Southern Railroad,1 has filed a verified

notice of exemption under 49 CFR

1150.41 to acquire from The Burlington

Northern and Santa Fe Railway

Company (BNSF) and operate BNSF’s

Meeker-McMillin Rail Line located

between Meeker, milepost 32.82, and

McMillin, milepost 28.34, in Pierce

County, WA, a distance of

approximately 4.5 miles (line).

The parties report that they intend to

close the transaction on or after the later

of November 13, 2000, or seven days

from date of filing of this notice with the

Board. The earliest the transaction can

be consummated is November 10, 2000,

the effective date of the exemption (7

days after the exemption was filed).2

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding 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. 33959, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Stephen L.

Day, Esq., Betts, Patterson & Mines, P.S.,

1215 4th Avenue, Suite 800, Seattle,

WA 98161–1090.

Board decisions and notices are

available on our website at

WWW.STB.DOT.GOV.

Decided: November 7, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–29077 Filed 11–14–00; 8:45 am]

BILLING CODE 4915–00–P