30810 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 / Notices

1 GWC certifies that the projected revenues do not

exceed those that would qualify as a Class III rail

carrier. GWC also certifies that the projected annual

revenue will not exceed $5 million.

NHTSA’s evaluation of the

consequentiality of this noncompliance

should not be interpreted as a

diminution of the agency’s concern for

child safety. Rather, it represents

NHTSA’s assessment of the gravity of

the noncompliance based upon the

likely consequences. Ultimately, the

issue is whether this particular

noncompliance is likely to increase the

risk to safety. Although empirical

results are not determinative, the

absence of any reports of fires

originating in these child restraints

supports the agency’s decision that the

noncompliance does not have a

consequential effect on safety.

For the above reasons, the agency has

decided that Cosco has met its burden

of persuasion that the noncompliance at

issue here is inconsequential to motor

vehicle safety and its application is

granted. Accordingly, Cosco is hereby

exempted from the notification and

remedy provisions of 49 U.S.C. 30118

and 30120.

Authority: 49 U.S.C. 30118(d), 30120(h)

delegations of authority at 49 CFR 1.50 and

501.8.

Issued on: May 29, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–15037 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33597]

Great Western Railway of Colorado,

LLC—Acquisition and Operation

Exemption—Great Western Lines, LLC

Great Western Railway of Colorado,

LLC (GWC), a Class III rail carrier, has

filed a verified notice of exemption to

acquire approximately 23 miles of rail

line from Great Western Lines, LLC. 1

The line involved in the acquisition

transaction is located in Colorado as

follows: (1) between milepost 76.5, at

Fort Collins, and milepost 98.9 at

Greeley; and (2) the Burlington Northern

Railroad Company’s former interchange

track at Loveland, between the end of

the track and a point 10 feet south of

Tenth Street in Loveland.

The transaction was to be

consummated on or shortly after May

14, 1998, the effective date of the

exemption.

If this 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 does not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33597, 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 Karl Morell,

Esq., BALL JANIK LLP, 1455 F Street,

N.W., Suite 225, Washington, DC 20005.

Board decisions and notices are

available on our website at

WWW.STB.DOT.GOV.’’

Decided: June 2, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–15066 Filed 6–4–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33598]

OmniTRAX, Inc.—Control Exemption—

Northern Ohio & Western Railway, LLC

OmniTRAX, Inc. (OmniTRAX), a

noncarrier holding company has filed a

notice of exemption to control Northern

Ohio & Western Railway, LLC (NOW), a

Class III rail carrier. OmniTRAX is

proposing to acquire all of the issued

and outstanding stock of NOW.

The transaction was scheduled to be

consummated on May 14, 1998, the

effective date of the exemption.

Applicant currently controls 9 Class

III railroad subsidiary operating in 7

states: Central Kansas Railway LLC and

Kansas Southwestern Railway LLC, in

Kansas; Chicago Rail Link LLC and

Manufacturers’ Junction Railway LLC,

in Illinois; Georgia Woodlands Railroad

LLC, in Georgia; Great Western Railway

of Colorado LLC, in Colorado; Great

Western Railway of Iowa LLC, in Iowa;

Newburgh and South Shore Railroad

Limited, in Ohio; and Panhandle

Northern Railroad LLC, in Texas.

OmniTRAX states that: (1) the

railroads do not connect with each other

or any railroad in their corporate family;

(ii) the acquisition of control is not part

of a series of anticipated transactions

that would connect the ten railroads

with each other or any railroad in their

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. 33598, 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 Karl Morell,

Esq., BALL JANIK LLP 1455 F Street,

N.W., Suite 225, Washington, DC 20005.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: June 2, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–15065 Filed 6–4–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33611]

Union Pacific Railroad Company—

Petition for Declaratory Order—Former

Missouri-Kansas-Texas Railroad Line

Between Jude and Ogden Junction, TX

AGENCY: Surface Transportation Board.

ACTION: Institution of declaratory order

proceeding; request for comments.

SUMMARY: The Surface Transportation

Board (Board) is instituting a

declaratory order proceeding and

requesting comments on the petition of

the Union Pacific Railroad Company

(UP), for an order declaring that the

Board lacks authority under 49 U.S.C.