54102 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices 

Initiative (AWI) Framework Plan, is 

intended to provide better access to 

waterfront areas east and west of the 

river, including Anacostia Park, separate 

local traffic from regional commuter 

traffic, and better serve historic 

Anacostia, and near southeast 

neighborhoods. It will connect the 

Southeast Freeway with traffic to and 

from both directions of the Anacostia 

Freeway. The AWI seeks to restore the 

river’s water quality, reclaim the 

waterfront as a magnet of activity, and 

stimulate sustainable development in 

waterfront neighborhoods. The 

improvement of traffic flow across the 

11th Street Bridges is a step in the 

reinvestment and reclamation process. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205 Highway Planning 

and Construction. The regulations and 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 315; 49 CFR 1.48. 

Issued on: September 7, 2005. 

Gary L. Henderson, 

Division Administrator, District of Columbia 

Division, Federal Highway Administration. 

[FR Doc. 05–18047 Filed 9–12–05; 8:45 am] 

BILLING CODE 4910–22–M 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket MARAD–2005–22416] 

Lykes Lines Limited, LLC; Request For 

Comments Regarding the Proposed 

Purchase of CP Ships Limited by TUI 

AG and Its Impact on the Maritime 

Security Program (MSP) 

By letter dated August 22, 2005, CP 

Ships USA, LLC (CP USA), successor in 

interest to Lykes Lines Limited, LLC 

(Lykes), has advised the Maritime 

Administration (MARAD) that TUI AG 

(TUI) is acquiring CP Ships Limited (CP 

Ships), the parent company of CP USA, 

through a stock purchase. Lykes has 

been awarded five new MSP Operating 

Agreements, Nos. MA/MSP–74 through 

78, respectively, to the vessels CP 

NAVIGATOR (ex-LYKES NAVIGATOR), 

CP DISCOVERER (ex-LYKES 

DISCOVERER), CP LIBERATOR (exLYKES LIBERATOR), CP MOTIVATOR 

(ex-LYKES MOTIVATOR) and CP 

YOSEMITE (ex-TMM YUCATAN) for 

the participation of those vessels in the 

MSP beginning October 1, 2005. CP 

USA became the successor to Lykes on 

May 30, 2005, through reorganization 

and renaming of various components of 

Canadian Pacific Lines, Limited, which 

itself was renamed CP Ships. 

TUI is a German corporation and 

parent of the German vessel operator 

Hapag-Lloyd AG. Neither TUI, nor 

Hapag-Lloyd presently has any 

connection to the MSP. Implementation 

of the proposed purchase will bring the 

ultimate control of CP USA’s five MSP 

Fleet vessels under the ownership of 

TUI. 

The purchase of CP Ships by TUI will, 

in effect, transfer ultimate ownership of 

CP USA from one foreign corporate 

entity to another. The transaction 

requires MARAD approval under CP 

USA’s MSP Operating Agreements Nos. 

MA/MSP–74 through 78. This notice is 

being published as a matter of 

discretion. MARAD will consider all 

comments submitted in a timely fashion 

on this particular application, and the 

topic of the transfer of MSP Operating 

Agreements in general, and will take 

such action thereto as may be deemed 

appropriate. 

A redacted copy of this proposal will 

be available for inspection at the 

Department of Transportation (DOT) 

Dockets Facility and on the DOT 

Dockets Web site (address information 

follows). Any person, firm or 

corporation having an interest in this 

proposal, and desiring to submit 

comments concerning the transaction, 

may file comments as follows. You 

should mention the docket number that 

appears at the top of this notice in any 

submission. Written comments should 

be submitted to the Docket Clerk, U.S. 

DOT Dockets, Room PL–401, Nassif 

Building, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590. Comments 

may also be submitted by electronic 

means via the Internet at http:// 

dmses.dot.gov/submit/. You may call 

Docket Management at (202) 366–9324. 

You may visit the docket room to 

inspect and copy comments at the above 

listed address between 10 a.m. and 5 

p.m. EDT, Monday through Friday, 

except holidays. An electronic version 

of this document is available on the 

World Wide Web at http://dms.dot.gov. 

Comments must be received by close of 

business September 23, 2005. 

This notice is published as a matter of 

discretion, and the fact of its publication 

should in no way be considered a 

favorable or unfavorable decision on the 

proposed transaction, as filed, or as it 

may be amended. 

Dated: September 7, 2005. 

By Order of the Maritime Administration. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 05–18150 Filed 9–12–05; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2005–21383; Notice 2] 

Equistar Chemicals, LP, Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

Equistar Chemicals, LP (Equistar) has 

determined that certain brake fluid that 

was manufactured in 2004 and that 

Equistar distributed does not comply 

with S5.1.7 of 49 CFR 571.116, Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 116, ‘‘Motor vehicle brake fluids.’’

Pursuant to 49 U.S.C. 30118(d) and 

30120(h), Equistar has petitioned for a 

determination that this noncompliance 

is inconsequential to motor vehicle 

safety and has filed an appropriate 

report pursuant to 49 CFR part 573, 

‘‘Defect and Noncompliance Reports.’’

Notice of receipt of a petition was 

published, with a 30-day comment 

period, on June 9, 2005, in the Federal 

Register (70 FR 33769). NHTSA 

received no comments. 

Affected are a total of approximately 

170,000 gallons of DOT–3 brake fluid 

designated as Lot 630 and manufactured 

by Oxid, LP in September 2004. FMVSS 

No. 116, S5.1.7, ‘‘Fluidity and 

appearance at low temperature,’’

requires that when brake fluid is tested 

as specified in the standard at storage 

temperatures of minus 50 ±2 °C, 

(a) The fluid shall show no sludging, 

sedimentation, crystallization, or 

stratification; [and] 

(b) Upon inversion of the sample bottle, the 

time required for the air bubble to travel to 

the top of the fluid shall not exceed 35 

seconds * * * 

NHTSA’s compliance tests, conducted 

by ABIC Testing Laboratories, Inc. 

(ABIC), found that at minus 50 °C, the 

noncompliant brake fluid freezes, 

therefore showing crystallization and 

failing the requirements of S5.1.7(a). 

NHTSA’s compliance tests also found 

that at minus 50 °C, upon inversion of 

the sample bottle, the time required for 

the air bubble to travel to the top of the 

fluid exceeds 35 seconds, therefore 

failing the requirements of S5.1.7(b). 

Equistar believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Equistar 

stated the following: 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices 54103 

Equistar asked Oxid, LP [the brake fluid 

manufacturer] to supply a copy of its data 

reporting the results of the tests it had 

previously conducted for * * * [the brake] 

fluid pursuant to the test requirements of 

S6.7 * * *. The data show that [the brake 

fluid] unconditionally passed the tests 

required by the applicable standard, 

including the minus 50 °C test. 

Equistar stated that it had the 

noncompliant brake fluid further tested 

by another testing center, Case 

Consulting Laboratories, Inc. (Case), and 

that: 

The samples tested by Case passed all of 

the required tests, including the minus 50 °C 

air bubble and appearance test, except that 

the tested sample * * * began to form 

crystals. It bears note that the bubble travel 

time on this sample was 2.7 seconds against 

the standard’s requirement of 35 seconds 

maximum. Further, the appearance of the 

sample after testing at minus 50 °C was the 

same as before the testing. 

Equistar stated that ‘‘the crystals and 

globules’’ in the brake fluid ‘‘would not 

pose a threat to the operation of the 

brake fluid.’’ Case certified that the 

globules formed at minus 50 °C were of 

a nonabrasive nature and fall back into 

solution upon slight agitation and 

warming. ABIC confirmed informally to 

NHTSA that Case’s statement is correct. 

In its petition, Equistar referred to two 

prior NHTSA grants of inconsequential 

noncompliance petitions which it 

claims are similar. These are Dow 

Corning Corporation (59 FR 52582, 

October 18, 1994) and First Brands 

Corporation (59 FR 62776, December 6, 

1994). Equistar stated that NHTSA 

should grant its petition based on the 

same rationale as it used to grant the 

previous two petitions. 

NHTSA agrees with Equistar that the 

noncompliance is inconsequential to 

motor vehicle safety. Both Case and 

ABIC determined that that the globules 

which formed at minus 50 °C were of a 

nonabrasive nature and fell back into 

solution upon slight agitation and 

warming. In granting both the Dow 

Corning and First Brands petitions 

referenced above, NHTSA determined 

that the type of crystallization which is 

of a nonabrasive nature and will readily 

disperse under slight agitation or 

warming ought not have an adverse 

effect upon braking. Therefore the cases 

are analogous. However, NHTSA wants 

to be clear that it maintains a 

distinction, which it established in 

granting the Dow Corning and First 

Brands petitions, between crystals 

which are of a nonabrasive nature and 

fall back into solution upon slight 

agitation and warming, as opposed to 

crystals that are abrasive or do not fall 

back into solution, and that may have 

the potential to clog brake system 

components. Brake fluid which exhibits 

the latter characteristics do not fall 

under the Dow Corning and First Brands 

precedent. 

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, Equistar’s petition is 

granted and the petitioner is exempted 

from the obligation of providing 

notification of, and a remedy for, the 

noncompliance. 

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: September 7, 2005. 

Ronald L. Medford, 

Senior Associate Administrator for Vehicle 

Safety. 

[FR Doc. 05–18149 Filed 9–12–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Ex Parte No. 333] 

Sunshine Act Meeting 

TIME AND DATE: 9 a.m., September 15, 

2005. 

PLACE: The Board’s Hearing Room, 

Surface Transportation Board, 1925 K 

Street, NW., Washington, DC 20423. 

STATUS: The Board will meet to discuss 

among themselves the following agenda 

items. Although the conference is open 

for public observation, no public 

participation is permitted. 

MATTERS TO BE CONSIDERED: STB Docket 

No. WCC–101, Government of the 

Territory of Guam v. Sea-Land Service, 

Inc., American President Lines, LTD., 

and Matson Navigation Company, Inc. 

STB Finance Docket No. 34505, East 

Brookfield & Spencer Railroad, LLC—

Lease and Operation Exemption—CSX 

Transportation, Inc. 

STB Docket No. AB–441 (Sub-No. 

4X), San Pedro Railroad Operating 

Company, LLC—Abandonment 

Exemption—in Cochise County, AZ. 

STB Docket No. AB–976X, Pittsburg & 

Shawmut Railroad, LLC—Abandonment 

Exemption—in Armstrong and Jefferson 

Counties, PA. 

STB Docket No. AB–600, Yakima 

Interurban Lines Association—Adverse 

Abandonment—in Yakima County, WA. 

STB Finance Docket No. 34746, 

Kansas & Oklahoma Railroad, Inc.—

Acquisition Exemption—Rail Line of 

Union Pacific Railroad Company. 

STB Finance Docket No. 34694 (SubNo. 1), Union Pacific Railroad 

Company—Temporary Trackage Rights 

Exemption—BNSF Railway Company. 

FOR FURTHER INFORMATION CONTACT: A. 

Dennis Watson, Office of Congressional 

and Public Services, Telephone: (202) 

565–1596 FIRS: 1–800–877–8339. 

Dated: September 8, 2005. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–18131 Filed 9–8–05; 1:51 pm] 

BILLING CODE 4915–01–P