69990 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Notices

1Pursuant to 49 CFR 1180.4(g), a railroad must

file a verified notice with the Board at least 7 days

before the trackage rights are to be consummated.

In its verified notice, BNSF indicated that it

proposed to consummate the transaction on or

about November 14, 2000. Because the verified

notice was filed on November 8, 2000,

consummation could not take place until November

15, 2000, at the earliest. BNSF’s representative has

been contacted and has confirmed that the

all applicable Federal motor vehicle

safety standards.

The petitioner claims that it carefully

compared non-U.S. certified 1991–1995

BMW 8 Series passenger cars to their

U.S.-certified counterparts, and found

the vehicles to be substantially similar

with respect to compliance with most

Federal motor vehicle safety standards.

J.K. submitted information with its

petition intended to demonstrate that

non-U.S. certified 1991–1995 BMW 8

Series passenger cars, as originally

manufactured, conform to many Federal

motor vehicle safety standards in the

same manner as their U.S.-certified

counterparts, or are capable of being

readily altered to conform to those

standards.

Specifically, the petitioner claims that

non-U.S. certified 1991–1995 BMW 8

Series passenger cars are identical to

their U.S.-certified counterparts with

respect to compliance with Standard

Nos. 102 Transmission Shift Lever

Sequence * * *, 103 Defrosting and

Defogging Systems, 104 Windshield

Wiping and Washing Systems, 105

Hydraulic Brake Systems, 106 Brake

Hoses, 109 New Pneumatic Tires, 113

Hood Latch Systems, 116 Brake Fluid,

124 Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 204 Steering

Control Rearward Displacement, 205

Glazing Materials, 206 Door Locks and

Door Retention Components, 207

Seating Systems, 209 Seat Belt

Assemblies, 210 Seat Belt Assembly

Anchorages, 212 Windshield Retention,

216 Roof Crush Resistance, 219

Windshield Zone Intrusion, 301 Fuel

System Integrity, and 302 Flammability

of Interior Materials.

Additionally, the petitioner states that

non-U.S. certified 1991–1995 BMW 8

Series passenger cars comply with the

Bumper Standard found in 49 CFR Part

581.

Petitioner also contends that the

vehicles are capable of being readily

altered to meet the following standards,

in the manner indicated:

Standard No. 101 Controls and

Displays: (a) Substitution of a lens

marked ‘‘Brake’’ for a lens with a

noncomplying symbol on the brake

failure indicator lamp; (b) replacement

of the speedometer with one calibrated

in miles per hour. The petitioner stated

that the entire instrument cluster on the

vehicles will be replaced with a U.S.-

model component.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

Installation of U.S.-model headlamps

and front sidemarker lights; (b)

installation of U.S.-model taillamp

assemblies and associated rear

sidemarker lights; (c) installation of a

U.S.-model high mounted stop light

assembly.

Standard No. 110 Tire Selection and

Rims: Installation of a tire information

placard.

Standard No. 111 Rearview Mirror:

Replacement of the passenger side

rearview mirror with a U.S.-model

component.

Standard No. 114 Theft Protection:

Installation of a warning buzzer

microswitch in the steering lock

assembly and a warning buzzer.

Standard No. 118 Power Window

Systems: Installation of a relay in the

power window system so that the

window transport mechanism is

inoperative when the ignition is

switched off.

Standard No. 208 Occupant Crash

Protection: (a) Installation of a seat belt

warning buzzer, wired to the driver’s

seat belt latch; (b) replacement of the

driver’s side air bag and knee bolster on

1991–1992 model vehicles, the driver’s

and passenger’s side air bags and knee

bolsters on 1993–1995 model vehicles,

and the control unit, sensors, and seat

belts on all model year vehicles, with

U.S.-model components if the vehicle is

not already so equipped. The petitioner

states that all model year vehicles

covered by the petition are equipped

with combination lap and shoulder

restraints which adjust by means of an

automatic retractor and release by

means of a single red push button in all

front and rear outboard designated

seating positions.

Standard No. 214 Side Impact

Protection: Inspection of all vehicles

and installation of U.S.-model door bars

on vehicles that are not already so

equipped.

The petitioner also states that a

vehicle identification number plate

must be affixed to the vehicle to meet

the requirements of 49 CFR Part 565.

Additionally, the petitioner states that

non-U.S. certified 1991–1995 BMW 8

Series passenger cars will be inspected

prior to importation to ensure that they

are equipped to comply with the Theft

Prevention Standard found in 49 CFR

Part 541 and that a U.S.-model anti-theft

device will be installed on vehicles that

are not already so equipped.

Interested persons are invited to

submit comments on the petition

described above. Comments should refer

to the docket number and be submitted

to: Docket Management, Room PL–401,

400 Seventh St., SW., Washington, DC

20590. It is requested but not required

that 10 copies be submitted.

All comments received before the

close of business on the closing date

indicated above will be considered, and

will be available for examination in the

docket at the above address both before

and after that date. To the extent

possible, comments filed after the

closing date will also be considered.

Notice of final action on the petition

will be published in the Federal

Register pursuant to the authority

indicated below.

Authority: 49 U.S.C. 30141(a)(1)(A) and

(b)(1); 49 CFR 593.8; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued on: November 16, 2000.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 00–29756 Filed 11–20–00; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33958]

The Burlington Northern and Santa Fe

Railway Company—Trackage Rights

Exemption—Illinois Central Railroad

Company and Grand Trunk Western

Railroad Company

Illinois Central Railroad Company (IC)

and Grand Trunk Western Railroad

Company (GTW) have agreed to grant

limited overhead trackage rights to The

Burlington Northern and Santa Fe

Railway Company (BNSF) between: (1)

A point near GTW’s milepost 8.6 near

49th Street and Central Park in Chicago,

IL, where GTW and BNSF connect, and

a point near GTW’s milepost 23.2 near

154th Street and Lathrop in Harvey, IL,

to a point near IC’s milepost 22 near IC’s

Harvey Yard, a distance of

approximately 16.6 miles; (2) a point

near IC’s milepost 8.3 (Belt Crossing),

where IC and the Belt Railway Company

of Chicago connect in Chicago, IL, and

a point near IC’s milepost 22 at IC’s

Harvey Yard, a distance of

approximately 27.3 miles; and (3) a

point near IC’s milepost 2.3, where IC

and BNSF connect on the West end of

the St. Charles Airline Bridge and

milepost 22 at IC’s Harvey Yard, a

distance of approximately 21 miles. The

total amount of trackage involved is

approximately 64.9 miles.

The transaction is scheduled to be

consummated on November 15, 2000.1

Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Notices 69991

consummation could not take place before

November 15, 2000.

1The line is the subject of a notice of exemption

for its abandonment in Trinidad Railway, Inc.—

Abandonment Exemption—in Las Animas County,

CO, STB Docket No. AB–573X (STB served Sept.

21, 2000). By decision served October 20, 2000, the

Board postponed the effective date of that

exemption until November 30, 2000, pending

completion of the offer of financial assistance (OFA)

process or, if the OFA process terminated, a period

to provide for interim trail use negotiations.

1The line is the subject of a notice of exemption

for abandonment in Trinidad Railway, Inc.—

Abandonment Exemption—in Las Animas County,

CO, STB Docket No. AB–573X (STB served Sept.

21, 2000). By decision served October 20, 2000, the

Board postponed the effective date of that

exemption until November 30, 2000, pending

completion of the offer of financial assistance (OFA)

process or, if the OFA process terminated, a period

to provide for interim trail use negotiations.

2TRI has retained a real estate interest in the

right-of-way between milepost 15.11, in Segundo,

and the end of the line subject to a permanent and

irrevocable easement to KVR to fulfill its common

carrier obligation, pending abandonment of the line,

including access to the line for work on the tracks,

ties and other track materials.

The purpose of the trackage rights is

to allow BNSF to deliver or receive

RoadRailer equipment in interchange to

and from IC, GTW and Canadian

National Railway Company, and to

make available RoadRailer equipment

available for BNSF customers at IC’s

Harvey Yard.

As a condition to this exemption, any

employees affected by the 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).

This notice is filed under 49 CFR

1180.2(d)(7). 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. 33958 must be filed with the

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on Michael E.

Roper, The Burlington Northern and

Santa Fe Railway Company, 2500 Lou

Menk Drive, P.O. Box 961039, Fort

Worth, TX 76161–0039.

Board decisions and notices are

available on our website at

WWW.STB.DOT.GOV.

Decided: November 14, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–29611 Filed 11–20–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33957]

Kern W. Schumacher and Morris H.

Kulmer—Continuance in Control

Exemption—Kern Valley Railroad

Company

Kern W. Schumacher and Morris H.

Kulmer, individuals (collectively

applicants), have filed a verified notice

of exemption to continue in control of

the Kern Valley Railroad Company

(KVR), upon KVR’s becoming a Class III

railroad.

The transaction is scheduled to be

consummated on or after November 13,

2000.

This transaction is related to STB

Finance Docket No. 33956, Kern Valley

Railroad Company—Acquisition and

Operation Exemption—Trinidad

Railway, Inc., wherein KVR seeks to

acquire an approximate 30.0-mile line of

railroad (line) in Las Animas County,

CO, from Trinidad Railway, Inc. (TRI)

and has agreed to assume TRI’s common

carrier railroad obligations pending the

line’s abandonment.1

Applicants currently indirectly

control one existing Class III railroad:

Tulare Valley Railroad Company,

operating in the State of California.

Applicants state that (i) the rail line

of KVR will not connect with any other

lines of a railroad under their control or

within their corporate family, (ii) the

transaction is not part of a series of

transactions that would connect the

railroads with each other or any railroad

in applicants’ corporate family, and (iii)

the transaction does not involve a Class

I 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

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

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. 33957, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Fritz R.

Kahn, Esq., 1920 N Street, NW., 8th

Floor, Washington, DC 20036–1601.

Board decisions and notices are

available on our website at

WWW.STB.DOT.GOV.

Decided: November 13, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–29608 Filed 11–20–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33956]

Kern Valley Railroad Company—

Acquisition and Operation

Exemption—Trinidad Railway, Inc.

Kern Valley Railroad Company (KVR),

a noncarrier, has filed a verified notice

of exemption under 49 CFR 1150.31 to

acquire the railroad lines and other

assets (line) of Trinidad Railway, Inc.

(TRI) and has agreed to assume TRI’s

common carrier railroad obligations

pending the line’s abandonment.1 The

line extends from milepost 2.0, at

Jensen, to the end of the line at milepost

30.0, at the former New Elk Mine, east

of Stonewall, in Las Animas County,

CO, a distance of approximately 30.0

miles.2

The transaction is scheduled to be

consummated on or after November 13,

2000.

This transaction is related to STB

Finance Docket No. 33957, Kern W.

Schumacher and Morris H. Kulmer—

Continuance in Control Exemption—

Kern Valley Railroad Company, wherein

Kern W. Schumacher and Morris H.

Kulmer have concurrently filed a

verified notice to continue in control of

KVR upon its becoming a Class III rail

carrier.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption