29060 Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 / Notices

1Capital Metro is the Austin, TX, regional transit

authority, a body corporate and political

subdivision of the State of Texas.

2Capital Metro states that the line will continue

to be operated by the Central of Tennessee Railway

& Navigation Company, Inc. d/b/a the Longhorn

Railway.

involves an inadvertently omitted date

code containing the week and year of

manufacture designation.

The agency believes that in the case

of a tire mislabeling noncompliance,

such as this, the true measure of its

inconsequentiality to motor vehicle

safety is, if the tires were to be recalled

for a performance-related

noncompliance, that was consequential

to safety, whether the mislabeling

would affect the manufacturers’s ability

to locate them. Cooper states that in the

event of recall, the non-complying tires

have a unique DOT identification (i.e.,

the lack of a date code) that would allow

Cooper to notify the purchasers, if the

tires have been properly registered by

the retailer or the purchaser. Therefore,

if the need arises, identifying the subject

tires for any future recalls should not

present a problem.

In consideration of the foregoing,

NHTSA has decided that the applicant

has met its burden of persuasion that

the noncompliance it describes is

inconsequential to safety. Accordingly,

its application is granted, and the

applicant is exempted from providing

the notification of the noncompliance

that is required by 49 U.S.C. 30118, and

from remedying the noncompliance, as

required by 49 U.S.C. 30120.

(49 U.S.C. 30118, 30120; delegations of

authority at 49 CFR 1.50 and 501.8)

Issued on: May 20, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–14002 Filed 5–26–98; 8:45 am[

BILLING CODE 4910–59–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33596]

Capital Metropolitan Transportation

Authority—Acquisition Exemption—

City of Austin, TX

Capital Metropolitan Transportation

Authority (Capital Metro),1 a noncarrier,

has filed a notice of exemption under 49

CFR 1150.31 to acquire the City of

Austin’s Giddings-Llano line, a 162 mile

continuous railroad right-of-way

(including spurs), extending from SPTC

milepost 57.00/AUNW milepost 0, near

Giddings, TX, to SPTC milepost 99.04/

AUNW milepost 154.07, near Llano, TX,

including the Marble Falls Branch from

milepost 6.2/AUNW milepost 61.2, near

Marble Falls, TX, to SPTC milepost 0.0/

AUNW milepost 124.7, near Fairland,

TX.2

The transaction is expected to be

consummated on May 22, 1998.

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. 33596, 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 Monica J.

Palko, Esq., Bracewell & Patterson,

L.L.P., 2000 K Street, N.W., Suite 500,

Washington, D.C. 20006.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: May 20, 1998.

By the Board, Joseph H. Dettmar, Acting

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–13963 Filed 5–26–98; 8:45 am]

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