20246 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 / Notices

Reconstruct, widen, and extend runway

3/21.

PFC application preparation.

Improve existing airfield service road.

Preparation of plans and specifications

for the rehabilitation of runway 13/31

and taxiway A.

Rehabilitate runway 13/31.

Rehabilitate runway 13/31 lighting.

Rehabilitate taxiway A.

Brief Description of Project Approved

for Collection: Rehabilitate baggage

claim area.

Decision Date: March 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Irene R. Porter, Bismarck Airports

District Office, (701) 250–4358.

Public Agency: County of Jefferson,

Beaumont, Texas.

Application Number: 98–03–C–00–

BPT.

Application Type: Impose and use a

PFC.

PFC Level: $3.00.

Total PFC Revenue Approved in This

Decision: $667,020.

Earliest Charge Effective Date: August

1, 1998.

Estimated Charge Expiration Date:

November 1, 2000.

Class of Air Carriers Not Required to

Collect PFC’s: None

Brief Description of Projects Approved

for Collection and Use: Airfield safety

improvements: Rehabilitate runway 16/

34, phase II; widen taxiways C, E, G,

and H; install runway end identifier

lights for runways 30 and 34; acquire

airfield sweeper.

Airport entrance signs.

Widen taxiway D.

ARFF facility.

Ground level covered passenger

walkway.

PFC application and administrative

costs.

Decision Date: March 25, 1998.

FOR FURTHER INFORMATION CONTACT: Ben

Guttery, Southwest Region Airports

Division, (817) 222–5614.

Public Agency: Kenton County

Airport Board, Covington, Kentucky.

Application Number: 98–03–C–00–

CVG.

Application Type: Impose and use a

PFC.

PFC Level: $3.00.

Total PFC Revenue Approved in This

Decision: $21,097,000.

Earliest Charge Effective Date: June 1,

1998.

Estimated Charge Expiration Date:

April 1, 1999.

Class of Air Carriers not Required to

Collect PFC’s:

(1) Part 121 supplemental operators

which operate at Cincinnati/Northern

Kentucky International Airport without

an operating agreement with the public

agency and enplane less than 1,500

passengers per year; and (2) Part 135 on

demand air taxis, both fixed wing and

rotary.

Determination: Approved. Based on

the information contained in the public

agency’s application, the FAA has

determined that each proposed class

accounts for less than 1 percent of the

total annual enplanements at

Cincinnati/Northern Kentucky

International Airport.

Brief Description of Projects Approved

for Collection and Use:

ARFF equipment (quick response truck).

Taxiway K and hold apron.

Taxiway S extension.

Field equipment.

Northwest environmental collection

system.

North crossfield taxiway.

Runway 9/27 extension: clear, drain,

and grade.

Field lighting to new tower.

Runway 9/27 extension: pave and light.

Taxiway S and tunnel extension.

Environmental impact statement

(runway 18R/36L/master plan

projects).

Part 150 study.

Taxiway M rehabilitation.

Decision Date: March 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Peggy S. Kelley, Memphis Airports

District Office, (901) 544–3495.

Amendments to PFC Approvals:

Amendment number city, state Amendment

approved date

Original approved net

PFC revenue

Amended approved net

PFC revenue

Original estimated charge

expired date

Amended estimated charge

expired date

93–01–C–04–CRW Charleston, WV .................................... 02/26/98 $2,489,473 $2,504,316 11/01/09 11/01/98

94–01–C–04–CVG Covington, KY ....................................... 03/25/98 43,267,000 37,146,000 09/01/00 06/01/98

95–02–C–01–CVG Covington, KY ....................................... 03/25/98 111,930,000 85,441,000 09/01/00 06/01/98

Issued in Washington, DC, on April 16,

1998.

Eric Gabler,

Manager, Passenger Facility Charge Branch.

[FR Doc. 98–10805 Filed 4–22–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

Denial of Motor Vehicle Defect Petition

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petition for a defect

investigation.

SUMMARY: This notice sets forth the

reasons for the denial of a petition

submitted to NHTSA under 49 U.S.C.

30162, requesting that the agency

commence a proceeding to determine

the existence of a defect related to motor

vehicle safety. The petition is

hereinafter identified as DP98–003.

FOR FURTHER INFORMATION CONTACT: Dr.

George Chiang, Office of Defects

Investigation (ODI), NHTSA, 400

Seventh Street, SW, Washington, DC

20590. Telephone: (202) 366–5206.

SUPPLEMENTARY INFORMATION: Ms. Lisa

Smith of Newburgh, Indiana, submitted

a petition dated February 24, 1998,

requesting that an investigation be

initiated to determine whether Model

Year (MY) 1989 Chrysler minivans

(Voyagers) contain a defect related to

motor vehicle safety within the meaning

of 49 U.S.C. Chapter 301. The petition

alleges that MY 1989 Plymouth

Voyagers have a defective automatic

transmission that can fail early in the

life of the vehicle and require a costly

repair.

In her petition letter, Ms. Smith stated

that ‘‘I am filing this petition against the

Chrysler Plymouth Corp. for their

failure to produce a quality transmission

in the 1989 minivans (Voyagers).

Starting in 1989 model vans they

installed a transmission that was faulty

in its performance * * * I feel Chrysler

is putting quantity before quality * * *

I request you have a hearing on this

costly issue. In the meantime I will be

paying my repair bill for my 3rd

transmission.’’

Clearly, failure of her transmission

with the high cost of its replacement is
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 / Notices 20247

1An agency of the State, the North Carolina

Department of Transportation, owns 100% of the

outstanding common stock of B&M.

2The State owns approximately 75% of the

outstanding common stock of NCRR.

3The merger will allow NCRR to issue new

preferred stock in exchange for B&M preferred

stock. The preferred stock issuance will evidently

preserve NCRR’s Federal tax status as a real estate

investment trust after the State acquires all of its

common stock.

4There, a trackage compensation proceeding was

held in abeyance to allow the State to negotiate a

buyout of the private shareholders of NCRR whose

dissension had precipitated the compensation

dispute.

1On March 23, 1998, UP filed a notice of

exemption under the Board’s class exemption

procedures at 49 CFR 1180.2(d)(7). The notice

covered the agreement by The Burlington Northern

and Santa Fe Railway Company (BNSF) to grant

temporary overhead trackage rights over two

segments of its line to UP: (1) between Council

Bluffs, IA, at milepost 483.6 on BNSF’s Bayard

Subdivision (at a point which is equal to milepost

12.8 on BNSF’s Omaha Subdivision) and Hastings,

NE, at milepost 156.5 on BNSF’s Hastings

Subdivision, a distance of approximately 214.6

miles over a segment which extends from Council

Bluffs through Omaha, NE, Ashland, NE, Lincoln,

NE, Crete, NE, and Fairmont, NE, to Hastings, for

the period March 30, 1998, through July 15, 1998;

and (2) between Hastings, NE, at milepost 156.5 on

BNSF’s Hastings Subdivision and Northport, NE, at

milepost 34.4 on BNSF’s Angora Subdivision, a

distance of approximately 387.7 miles over a

segment which extends from Hastings though

Holdredge, NE, Oxford, NE, Culbertson, NE, Wray,

CO, East Brush, CO, Sterling, CO, and Sidney, NE,

to Northport, for the period March 30, 1998,

through September 30, 1998. The portion of the

trackage rights operation between Council Bluffs,

IA, and Hastings, NE, is scheduled to expire

effective July 16, 1998. The portion of the trackage

rights operation between Hastings and Northport,

NE, is scheduled to expire effective October 1, 1998.

See Union Pacific Railroad Company—Trackage

Rights Exemption—The Burlington Northern and

Santa Fe Railway Company, STB Finance Docket

No. 33572 (STB served Apr. 2, 1998). The

exemption became effective on March 30, 1998, 7

days after the verified notice was filed.

2Trackage rights normally remain in effect unless

discontinuance authority or approval of a new

agreement is sought. See Milford-Bennington

Railroad Company, Inc.—Trackage Rights

Exemption—Boston and Maine Corporation and

Springfield Terminal Railway Company, Finance

Docket No. 32103 (ICC served Sept. 3, 1993).

frustrating to the petitioner. While

frustrating, the type of transmission

problem the petitioner described is not

related to motor vehicle safety. The

agency has no jurisdiction over nonsafety defects, warranty, dealership, and

remuneration matters.

Accordingly, it is unlikely that

NHTSA would issue an order for the

notification and remedy of a safetyrelated defect in the subject vehicles at

the conclusion of the investigation

requested in the petition. Therefore, the

petition is denied.

Authority: 49 U.S.C. 30162(d); delegations

of authority at CFR 1.50 and 501.8.

Kenneth N. Weinstein,

Associate Administrator for Safety

Assurance.

[FR Doc. 98–10834 Filed 4–22–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33575]

State of North Carolina—Intracorporate

Family Exemption—Merger of Beaufort

and Morehead Railroad Company Into

North Carolina Railroad Company

The State of North Carolina (the

State), Beaufort and Morehead Railroad

Company (B&M), and North Carolina

Railroad Company (NCRR) have filed a

verified notice of exemption to merge

B&M, a Class III rail carrier wholly

owned by the State (a noncarrier),1 into

NCRR, a Class III rail carrier controlled

by the State.2

The proposed merger is an element of

a financial restructuring, not subject to

Board jurisdiction, related to the

proposed buyout by the State of the

private shareholders of NCRR.3 See

North Carolina Railroad Company—

Petition to Set Trackage Compensation

and Other Terms and Conditions—

Norfolk Southern Railway Company,

Norfolk & Western Railway Company,

and Atlantic and East Carolina Railway

Company, STB Finance Docket No.

33134 (STB served May 29, 1997).4 The

parties expected to consummate the

merger on or after March 31, 1998.

This transaction is one within a

corporate family of the type specifically

exempted from prior review and

approval under 49 CFR 1180.2(d)(3).

The parties state that the transaction

will not result in adverse changes in

service levels, significant operational

changes, or a change in the competitive

balance with carriers outside the

corporate family.

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 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

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33575, 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: Betty Jo

Christian, Steptoe & Johnson, 1330

Connecticut Avenue, N.W., Washington,

DC 20036; and Farhana Y. Khera, Hogan

& Hartson L.L.P, 555 Thirteenth Street,

N.W., Washington, DC 20004–1109.

Decided: April 15, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–10703 Filed 4–22–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33572 (Sub–No.

1)]

Union Pacific Railroad Company—

Trackage Rights Exemption—The

Burlington Northern and Santa Fe

Railway Company

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of exemption.

SUMMARY: The Board, under 49 U.S.C.

10502, exempts the trackage rights

described in STB Finance Docket No.

33572 1 to permit the trackage rights to

expire, as they relate to the operation

between Council Bluffs and Hastings, on

July 16, 1998, and as they relate to the

operation between Hastings and

Northport, on October 1, 1998, in

accordance with the agreement of the

parties.2

DATES: This exemption is effective on

May 23, 1998. Petitions to reopen must

be filed by May 13, 1998.

ADDRESSES: An original and 10 copies of

all pleadings referring to STB Finance

Docket No. 33572 (Sub-No. 1) must be

filed with the Office of the Secretary,

Case Control Unit, Surface

Transportation Board, 1925 K Street,

N.W., Washington, DC 20423–0001. In

addition, a copy of all pleadings must be

served on petitioner’s representative,

Joseph D. Anthofer, Esq., 1416 Dodge

Street, #830, Omaha, NE 68179.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 927–1600.

[TDD for the hearing impaired: (202)

565–1695.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in