58790 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices 

1Watco owns 100% of the issued and outstanding 

stock of LSRR. 

variations, DC stresses, electrostatic 

discharge, transceiver/key strength and 

transceiver mounting strength. Mazda 

also stated that its proposed device is 

reliable and durable because it does not 

have any moving parts, nor does it 

require a separate battery in the key. 

Any attempt to slam-pull the ignition 

lock cylinder, for example, will have no 

effect on a thief’s ability to start the 

vehicle. If the correct code is not 

transmitted to the electronic control 

module there is no way to mechanically 

override the system and start the 

vehicle. Furthermore, Mazda stated that 

drive-away thefts are virtually 

eliminated with the sophisticated 

design and operation of the electronicengine immobilizer system which 

makes conventional theft methods (i.e., 

hot-wiring or attacking the ignition-lock 

cylinder) ineffective. 

Additionally, Mazda reported that in 

MY 1996, the proposed system was 

installed on certain U.S. Ford vehicles 

as standard equipment (i.e. on all Ford 

Mustang GT and Cobra models, Ford 

Taurus LX, SHO and Sable LS models). 

In MY 1997, the immobilizer system 

was installed on the Ford Mustang 

vehicle line as standard equipment. 

When comparing 1995 model year 

Mustang vehicle thefts (without 

immobilizer), with MY 1997 Mustang 

vehicle thefts (with immobilizer), data 

from the National Insurance Crime 

Bureau showed a 70% reduction in 

theft. (Actual NCIC reported thefts were 

500 for MY 1995 Mustang, and 149 

thefts for MY 1997 Mustang.) 

Mazda’s proposed device, as well as 

other comparable devices that have 

received full exemptions from the partsmarking requirements, lack an audible 

or visible alarm. Therefore, these 

devices cannot perform one of the 

functions listed in 49 CFR 543.6(a)(3), 

that is, to call attention to unauthorized 

attempts to enter or move the vehicle. 

However, theft data have indicated a 

decline in theft rates for vehicle lines 

that have been equipped with devices 

similar to that which Mazda proposes. 

In these instances, the agency has 

concluded that the lack of a visual or 

audio alarm has not prevented these 

antitheft devices from being effective 

protection against theft. 

On the basis of this comparison, 

Mazda has concluded that the proposed 

antitheft device is no less effective than 

those devices installed on lines for 

which NHTSA has already granted full 

exemption from the parts-marking 

requirements. 

Based on the evidence submitted by 

Mazda, the agency believes that the 

antitheft device for the Mazda vehicle 

line is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements of the Theft 

Prevention Standard (49 CFR 541). 

The agency concludes that the device 

will provide four of the five types of 

performance listed in § 543.6(a)(3): 

Promoting activation; preventing defeat 

or circumvention of the device by 

unauthorized persons; preventing 

operation of the vehicle by 

unauthorized entrants; and ensuring the 

reliability and durability of the device. 

As required by 49 U.S.C. 33106 and 

49 CFR 543.6(a)(4) and (5), the agency 

finds that Mazda has provided adequate 

reasons for its belief that the antitheft 

device will reduce and deter theft. This 

conclusion is based on the information 

Mazda provided about its device. For 

the foregoing reasons, the agency hereby 

grants in full Mazda’s petition for 

exemption for its vehicle line from the 

parts-marking requirements of 49 CFR 

part 541. 

If Mazda decides not to use the 

exemption for this line, it should 

formally notify the agency. If such a 

decision is made, the line must be fully 

marked according to the requirements 

under 49 CFR 541.5 and 541.6 (marking 

of major component parts and 

replacement parts). 

NHTSA notes that if Mazda wishes in 

the future to modify the device on 

which this exemption is based, the 

company may have to submit a petition 

to modify the exemption. Part 543.7(d) 

states that a part 543 exemption applies 

only to vehicles that belong to a line 

exempted under this part and equipped 

with the antitheft device on which the 

line’s exemption is based. Further, 

§ 543.9(c)(2) provides for the submission 

of petitions ‘‘to modify an exemption to 

permit the use of an antitheft device 

similar to but differing from the one 

specified in that exemption.’’

The agency wishes to minimize the 

administrative burden that § 543.9(c)(2) 

could place on exempted vehicle 

manufacturers and itself. The agency 

did not intend in drafting part 543 to 

require the submission of a modification 

petition for every change to the 

components or design of an antitheft 

device. The significance of many such 

changes could be de minimis. Therefore, 

NHTSA suggests that if the 

manufacturer contemplates making any 

changes the effects of which might be 

characterized as de minimis, it should 

consult the agency before preparing and 

submitting a petition to modify. 

Authority: 49 U.S.C. 33106; delegation of 

authority at 49 CFR 1.50. 

Dated: October 3, 2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 05–20184 Filed 10–6–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34752] 

Watco Companies, Inc.—Continuance 

in Control Exemption—Louisiana 

Southern Railroad, Inc. 

Watco Companies, Inc. (Watco), has 

filed a verified notice of exemption to 

continue in control of the Louisiana 

Southern Railroad, Inc. (LSRR), upon 

LSRR’s becoming a Class III rail carrier.1

The transaction was scheduled to be 

consummated on or shortly after 

September 25, 2005. 

This transaction is related to the 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

34751, Louisiana Southern Railroad, 

Inc.—Lease and Operation Exemption—

The Kansas City Southern Railway 

Company. In that proceeding, LSRR 

seeks to acquire by lease from The 

Kansas City Southern Railway Company 

and operate approximately 165.8 miles 

of rail line extending between: (1) A 

point 1,600 feet south of LN&W 

milepost 62, near Gibsland, LA, and 

milepost B–192, near Pineville, LA; (2) 

milepost 148.8, at Winnfield, LA, and 

the end of the track, at Joyce, LA; (3) 

milepost 78.8, at Minden, LA, and 

milepost 83.5, at Sibley, LA; and (4) 

milepost 48.48, south of Springhill, LA, 

and milepost B–102, east of Hinkle, LA. 

Watco, a Kansas corporation, is a 

noncarrier that currently controls 13 

Class III rail carriers: South Kansas and 

Oklahoma Railroad Company (SKO); 

Palouse River & Coulee City Railroad, 

Inc. (PRCC); Timber Rock Railroad, Inc. 

(TIBR); Stillwater Central Railroad, Inc. 

(SLWC); Eastern Idaho Railroad, Inc. 

(EIRR); Kansas & Oklahoma Railroad, 

Inc. (K&O); Pennsylvania Southwestern 

Railroad, Inc. (PSWR); Great Northwest 

Railroad, Inc. (GNR); Kaw River 

Railroad, Inc. (KRR); Mission Mountain 

Railroad, Inc. (MMT); Appalachian & 

Ohio Railroad, Inc. (AO); Mississippi 

Southern Railroad, Inc. (MSRR); and 

Yellowstone Valley Railroad, Inc. 

(YVRR). 

Applicant states that: (1) The rail lines 

operated by SKO, PRCC, TIBR, SLWC, 

EIRR, K&O, PSWR, GNR, KRR, MMT, 

AO, MSRR, and YVRR do not connect 

Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices 58791 

1An incidental portion of the rail line, consisting 

of four-tenths of a mile, is operated by NSR via a 

trackage rights agreement between AGS and The 

Kansas City Southern Railway Company (KCSR). 

KCSR has consented to the use of the KCSR 

segment for the purposes of this transaction. 

2On September 23, 2005, CSXT filed a request for 

a protective order and submitted a redacted version 

of the temporary trackage rights agreement that had 

been filed with the Board on September 22, 2005. 

CSXT stated that the unredacted version of the 

agreement that had been filed on September 22, 

2005, contained highly sensitive data and 

proprietary information. It therefore asked that the 

unredacted version of the agreement be placed 

under seal and that the redacted version be placed 

in the public record in this proceeding. By decision 

served on September 28, 2005, the Board granted 

these requests. 

3By decision served September 23, 2005, the 

Board granted CSXT’s request for waiver of 49 CFR 

1180.4(g) and allowed the exemption to become 

effective on September 23, 2005. 

1LSRR is controlled by Watco Companies, Inc., 

a noncarrier that also controls thirteen (13) Class III 

railroads operating in thirteen States. 

with the rail lines being leased by LSRR; 

(2) the continuance in control is not part 

of a series of anticipated transactions 

that would connect the rail lines being 

acquired by LSRR with any railroad in 

the Watco corporate family; and (3) 

neither LSRR nor any of the carriers 

controlled by Watco are Class I carriers. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). The purpose of the 

transaction is to reduce overhead 

expenses and coordinate billing, 

maintenance, mechanical and personnel 

policies and practices of applicant’s rail 

carrier subsidiaries and thereby improve 

the overall efficiency of rail service 

provided by the 14 railroads. 

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. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the verified 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. 34752, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Karl Morell, 

Of Counsel, BALL JANIK LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 3, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–20244 Filed 10–6–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34762] 

CSX Transportation, Inc.—Temporary 

Trackage Rights Exemption—Alabama 

Great Southern Railroad Company 

Alabama Great Southern Railroad 

Company (AGS), a subsidiary of Norfolk 

Southern Railway Company (the two 

entities will be referenced collectively 

as NSR) has agreed to grant temporary 

overhead trackage rights to CSX 

Transportation, Inc. (CSXT) over NSR 

lines running between Birmingham, AL, 

and Shrewsbury, LA, a total distance of 

approximately 355.1 miles.1

Specifically, NSR has agreed to grant 

temporary overhead trackage rights 

over: (1) AGS South District between 

Birmingham, AL, 27th Street, milepost 

142.0, and Meridian, MS, 27th Avenue, 

milepost 295.4; (2) NSR’s trackage rights 

over the connection between AGS and 

KCSR near 27th Avenue in Meridian, 

MS, at milepost 295.4 and the 

connection between KCSR and AGS NO 

& NE District at milepost NO–0.4; (3) 

NO & NE District between Meridian, 

MS, 27th Avenue, milepost NO–0.4, and 

New Orleans, LA, Oliver Junction, 

milepost 194.1, and (4) New Orleans 

terminal Back Belt Line between New 

Orleans, LA, Oliver Junction, milepost 

7.9 NT, and East City Junction at 

milepost 3.8 NT and between East City 

Junction at milepost 3.5 A and 

Shrewsbury, LA, IC Connection, 

milepost 0.0 A.2

The exemption became effective on 

September 23, 2005, and will expire on 

January 1, 2006.3 The purpose of the 

temporary trackage rights is to allow 

CSXT to resume continuous east-west 

overhead service between Jacksonville, 

FL, and New Orleans, LA after portions 

of CSXT’s main line between 

Pascagoula, MS, and New Orleans 

became inoperable due to damage from 

Hurricane Katrina. 

As a condition to this exemption, any 

employees affected by the acquisition of 

the temporary 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), and any employees affected by 

the discontinuance of those trackage 

rights will be protected by the 

conditions set out in Oregon Short Line 

R. Co.—Abandonment—Goshen, 360 

I.C.C. 91 (1979). 

This notice is filed under 49 CFR 

1180.2(d)(8). 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. 34762, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Robert 

Ledoux, Assistant General Counsel, CSX 

Transportation, Inc., 500 Water Street 

J–150, Jacksonville, FL 32202, and Louis 

E. Gitomer, Ball Janik LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 29, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–20019 Filed 10–6–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34751] 

Louisiana Southern Railroad, Inc.—

Lease and Operation Exemption—The 

Kansas City Southern Railway 

Company 

Louisiana Southern Railroad, Inc. 

(LSRR), a noncarrier,1 has filed a 

verified notice of exemption under 49 

CFR 1150.31 to lease from The Kansas 

City Southern Railway Company (KCS)