Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Notices 66893 

alignment to reduce congestion in the 

corridor. Phased construction/ 

improvements will be evaluated during 

the project development process, 

including evaluating interim solutions 

for a highway segment between the 

intersections of Poplar Drive and Delta 

Waters. Various build alternatives to be 

studied will include design variations of 

grade and alignment. Build alternatives 

will also consider improvements to the 

existing transit service; use of 

Transportation System Management, 

and Transportation Demand 

Management measures to alleviate 

traffic congestion; improvements to 

bicycle and pedestrian facilities; and 

access management. 

Information describing the proposed 

action and soliciting comments will be 

sent to appropriate Federal, State, and 

local agencies, and to private 

organizations and citizens who have 

expressed or are known to have an 

interest in this proposal. Formal agency 

and public scoping meetings as well as 

additional public and agency meetings 

will be held during the course of the 

National Environmental Policy Act 

process. In addition, a public hearing 

will be held. The draft EIS will be 

available for public and agency review 

and comments prior to the public 

hearing. To ensure that the full range of 

issues related to this proposed action 

are addressed and all significant issues 

identified, comments and suggestions 

are invited from all interested parties. 

Comments or questions concerning 

this proposed action and the EIS should 

be directed to the FHWA at the address 

provided above. 

(Catalogue of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program) 

Issued on: October 27, 2005. 

Elton Chang, 

Environmental Coordinator, Oregon Division, 

FHWA. 

[FR Doc. 05–21911 Filed 11–2–05; 8:45 am] 

BILLING CODE 4910–22–M 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2005–22847] 

Notice of Receipt of Petition for 

Decision That Nonconforming 1999–

2001 Ducati 996 Biposto Motorcycles 

Are Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 1999–2001 

Ducati 996 Biposto motorcycles are 

eligible for importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 1999–2001 

Ducati 996 Biposto motorcycles that 

were not originally manufactured to 

comply with all applicable Federal 

motor vehicle safety standards (FMVSS) 

are eligible for importation into the 

United States because (1) they are 

substantially similar to vehicles that 

were originally manufactured for 

importation into and sale in the United 

States and that were certified by their 

manufacturer as complying with the 

safety standards, and (2) they are 

capable of being readily altered to 

conform to the standards. 

DATES: The closing date for comments 

on the petition is December 5, 2005. 

ADDRESSES: Comments should refer to 

the docket number and notice number, 

and be submitted to: Docket 

Management, Room PL–401, 400 

Seventh St., SW., Washington, DC 

20590. [Docket hours are from 9 a.m. to 

5 p.m.] Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202–366–3151). 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 30141(a)(1)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS shall be refused 

admission into the United States unless 

NHTSA has decided that the motor 

vehicle is substantially similar to a 

motor vehicle originally manufactured 

for importation into and sale in the 

United States, certified under 49 U.S.C. 

30115, and of the same model year as 

the model of the motor vehicle to be 

compared, and is capable of being 

readily altered to conform to all 

applicable FMVSS. 

Petitions for eligibility decisions may 

be submitted by either manufacturers or 

importers who have registered with 

NHTSA pursuant to 49 CFR Part 592. As 

specified in 49 CFR 593.7, NHTSA 

publishes notice in the Federal Register 

of each petition that it receives, and 

affords interested persons an 

opportunity to comment on the petition. 

At the close of the comment period, 

NHTSA decides, on the basis of the 

petition and any comments that it has 

received, whether the vehicle is eligible 

for importation. The agency then 

publishes this decision in the Federal 

Register. 

US SPECS of Aberdeen, Maryland 

(Registered Importer 03–321) has 

petitioned NHTSA to decide whether 

non-U.S. certified 1999–2001 Ducati 996 

Biposto motorcycles are eligible for 

importation into the United States. The 

vehicles that US SPECS believes are 

substantially similar are 1999–2001 

Ducati 996 Biposto motorcycles that 

were manufactured for importation into 

and sale in the United States and were 

certified by their manufacturer as 

conforming to all applicable FMVSS. 

The petitioner claims that it carefully 

compared non-U.S. certified 1999–2001 

Ducati 996 Biposto motorcycles to their 

U.S. certified counterparts, and found 

the vehicles to be substantially similar 

with respect to compliance with most 

FMVSS. 

US SPECS submitted information 

with its petition intended to 

demonstrate that non-U.S. certified 

1999–2001 Ducati 996 Biposto 

motorcycles, as originally 

manufactured, conform to many FMVSS 

in the same manner as their U.S. 

certified counterparts, or are capable of 

being readily altered to conform to those 

standards. 

Specifically, the petitioner claims that 

non-U.S. certified 1999–2001 Ducati 996 

Biposto motorcycles are identical to 

their U.S. certified counterparts with 

respect to compliance with Standard 

Nos. 106 Brake Hoses, 116 Brake Fluid, 

119 New Pneumatic Tires for Vehicles 

other than Passenger Cars, and 122 

Motorcycle Brake Systems. 

The petitioner further contends that 

the vehicles are capable of being readily 

altered to meet the following standards, 

in the manner indicated below: 

66894 Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Notices 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which currently is set at $1,200. See 49 CFR 

1002.2(f)(25). 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: 

Inspection of all vehicles and 

replacement of the following with U.S.- 

model components on vehicles not 

already so equipped: (a) Headlamps; (b) 

tail lamps; (c) front and rear turn signal 

lamps; (d) front and rear side-mounted 

reflex reflectors; rear-mounted reflex 

reflector; and (e) left handlebar-mounted 

lighting control switch assembly. 

Standard No. 111 Rearview Mirrors: 

Inspection of all vehicles and 

modification or replacement of any nonU.S.-model components as necessary to 

conform to this standard. 

Standard No. 120 Tire Selection and 

Rims for Vehicles other than Passenger 

Cars: (a) Installation of a tire 

information placard; and (b) inspection 

of all vehicles to ensure compliance 

with rim marking requirements, and 

replacement of rims that are not 

properly marked with U.S.-model rims. 

Standard No. 123 Motorcycle Controls 

and Displays: Installation of a U.S.- 

model speedometer, or modification of 

the speedometer so that it reads in miles 

per hour. 

Standard No. 205 Glazing Materials: 

Inspection of all vehicles, and removal 

of noncompliant glazing or replacement 

of the glazing with U.S.-model 

components on vehicles that are not 

already so equipped. 

Comments should refer to the docket 

number and be submitted to: Docket 

Management, Room PL–401, 400 

Seventh Street, SW., Washington, DC 

20590. It is requested but not required 

that 10 copies be submitted. 

All comments received before the 

close of business on the closing date 

indicated above will be considered, and 

will be available for examination in the 

docket at the above address both before 

and after that date. To the extent 

possible, comments filed after the 

closing date will also be considered. 

Notice of final action on the petition 

will be published in the Federal 

Register pursuant to the authority 

indicated below. 

Authority: 49 U.S.C. 30141(a)(1)(A) and 

(b)(1); 49 CFR 593.8; delegations of authority 

at 49 CFR 1.50 and 501.8. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 05–21904 Filed 11–2–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–55 (Sub-No. 663X)] 

CSX Transportation, Inc.—

Abandonment Exemption—in 

Jefferson County, NY 

CSX Transportation, Inc. (CSXT) has 

filed a notice of exemption under 49 

CFR 1152 Subpart F—Exempt 

Abandonments to abandon a 1.1-mile 

line on its Northern Region, Albany 

Division, St. Lawrence Subdivision, 

between milepost 1.5 and the end of the 

track, milepost 2.6, near Watertown, in 

Jefferson County, NY. The line traverses 

United States Postal Service Zip Codes 

13601. 

CSXT has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic on 

the line can be rerouted over other lines; 

(3) no formal complaint filed by a user 

of rail service on the line (or by a state 

or local government entity acting on 

behalf of such user) regarding cessation 

of service over the line either is pending 

with the Surface Transportation Board 

or with any U.S. District Court or has 

been decided in favor of complainant 

within the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental reports), 49 CFR 1105.8 

(historic reports), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication) and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been meet. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. Provided no formal 

expression of intent to file an offer of 

financial assistance (OFA) has been 

received, this exemption will be 

effective on December 3, 2005, unless 

stayed pending reconsideration. 

Petitions to stay that do not involve 

environmental issues,1 formal 

expressions of intent to file an OFA 

under 49 CFR 1152.27(c)(2),2 and trail 

use/rail banking requests under 49 CFR 

1152.29 must be filed by November 14, 

2005. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by November 23, 

2005, with: Surface Transportation 

Board, 1925 K Street, NW., Washington, 

DC 20423–0001. 

A copy of any petition filed with the 

Board should be sent to the applicant’s 

representative: Louis E. Gitomer, Ball 

Janik LLP, 1455 F Street, NW., Suite 

225, Washington, DC 20005. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed an environmental and 

historic report which addresses the 

abandonment’s effects, if any, on the 

environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by November 8, 2005. 

Interested persons may obtain a copy of 

the EA by writing to SEA (Room 500, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling SEA, at (202) 565–1539. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by November 3, 2006, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at ‘‘http:// 

www.stb.dot.gov.’’

Decided: October 27, 2005. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–21833 Filed 11–2–05; 8:45 am] 

BILLING CODE 4915–01–P