Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 70027 

1Beth A. and William D. Blansett each own onethird interests in MR&L. Cristina C. Blansett, a 

minor, owns the remaining one-third interest in 

MR&L. 

2Beth A. and William D. Blansett each own 50 

percent interests in MNRR. 

3Beth A. and William D. Blansett own 953 shares 

in UCRC. Also, Stephen M. Richards owns 200 

shares, William C. Blansett owns 505 shares and 

Carl E. Baker owns 48 shares. 

67211, 11/16/04), Volkswagen (69 FR 

67211, 11/16/04), and Porsche (70 FR 

32398, 6/2/05). Nissan also points out 

that NHTSA recently published a Notice 

of Proposed Rulemaking (70 FR 48362, 

8/17/05), and that under this proposal, 

the system in the subject Maximas 

would be allowed. 

Nissan further states, 

The requirement that the steering be locked 

when the ignition key is removed through 

use of an ‘‘override device’’ was added to 

S4.2.2 ‘‘to ensure that Standard No 114’s 

theft protection aspects are not jeopardized.’’

See 57 FR 2039, 2040 (January 17, 1992). In 

the Maxima vehicles at issue here, when the 

key is removed through use of the ‘‘override 

device,’’ which will occur rarely if at all, the 

immobilizer will prevent the vehicle from 

being jump-started without the electronically 

coded ignition key, because the key-code is 

recorded in the engine control module and 

cannot be electrically bypassed. 

Interested persons are invited to 

submit written data, views, and 

arguments on the petition described 

above. Comments must refer to the 

docket and notice number cited at the 

beginning of this notice and be 

submitted by any of the following 

methods. Mail: Docket Management 

Facility, U.S. Department of 

Transportation, Nassif Building, Room 

PL–401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. Hand 

Delivery: Room PL–401 on the plaza 

level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC. It 

is requested, but not required, that two 

copies of the comments be provided. 

The Docket Section is open on 

weekdays from 10 a.m. to 5 p.m. except 

Federal Holidays. Comments may be 

submitted electronically by logging onto 

the Docket Management System Web 

site at http://dms.dot.gov. Click on 

‘‘Help’’ to obtain instructions for filing 

the document electronically. Comments 

may be faxed to 1–202–493–2251, or 

may be submitted to the Federal 

eRulemaking Portal: go to http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: December 19, 

2005. 

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

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: November 15, 2005. 

Daniel C. Smith, 

Associate Administrator for Enforcement. 

[FR Doc. 05–22919 Filed 11–17–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34722] 

Beth A. Blansett, William D. Blansett, 

and Modoc Railway and Land 

Company LLC—Continuance in 

Control Exemption 

Beth A. Blansett and William D. 

Blansett (Blansetts), nonconcarrier 

individuals, have filed a verified notice 

of exemption to continue in control of 

Modoc Railway and Land Company LLC 

(MR&L) 1 and Modoc Northern Railroad 

Company (MNRR),2 upon their 

becoming Class III rail carriers. The 

Blansetts currently control Utah Central 

Railway Company (UCRC), a Class III 

rail carrier.3 MR&L also is invoking the 

class exemption to control MNRR, when 

both become rail carriers. 

The transaction was expected to be 

consummated on or shortly after 

November 1, 2005. 

This transaction is related to two 

concurrently filed notices of exemption: 

(1) STB Finance Docket No. 34769, 

Modoc Railway and Land Company 

LLC—Acquisition Exemption—Union 

Pacific Railroad Company, wherein 

MR&L seeks to acquire by lease, with an 

option to purchase, approximately 

107.15 miles of rail lines from Union 

Pacific Railroad Company, consisting of 

the line known as the Modoc 

Subdivision extending between 

milepost 552.0 near Texum, OR, and 

milepost 445.6 at the end of the track 

near McArthur, CA, and the Lakeview 

Branch extending between milepost 

456.89 and milepost 458.60 at Alturas, 

CA; and (2) STB Finance Docket No. 

34768, Modoc Northern Railroad 

Company—Operation Exemption—

Union Pacific Railroad Company, 

wherein MNRR seeks to operate the rail 

lines being acquired by lease by MR&L. 

The Blansetts state that: (1) The rail 

lines being operated by UCRC do not 

connect with the rail lines being 

acquired by lease by MR&L and 

operated by MNRR; (2) the continuance 

in control is not a part of a series of 

anticipated transactions that would 

connect the rail lines being acquired by 

MR&L with any railroad in their 

corporate family; and (3) the transaction 

does not involve a Class I railroad. 

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. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

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. 34722, 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 Dennis C. 

Farley, Lear & Lear, L.L.P., 229 South 

Main, Suite 2200, Wells Fargo Center, 

Salt Lake City, UT 84111. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 9, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–22768 Filed 11–17–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34768] 

Modoc Northern Railroad Company—

Operation Exemption—Union Pacific 

Railroad Company 

Modoc Northern Railroad Company 

(MNRR), a noncarrier, has filed a 

verified notice of exemption under 49 

70028 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 

CFR 1150.31 to operate approximately 

107.15 miles of rail lines to be acquired 

by lease, with an option to purchase, by 

Modoc Railway and Land Company LLC 

(MR&L) from Union Pacific Railroad 

Company. The rail lines consist of a line 

known as the Modoc Subdivision 

extending between milepost 552.0 near 

Texum, OR, and milepost 445.6 at the 

end of the track near McArthur, CA, and 

the Lakeview Branch extending between 

milepost 456.89 and milepost 458.60 at 

Alturas, CA. 

MNRR certifies that its projected 

annual revenues as a result of this 

transaction will not exceed those that 

would qualify it as a Class III rail carrier 

and will not result in the creation of a 

Class II or Class I rail carrier. 

The transaction was expected to be 

consummated on or shortly after 

November 1, 2005. 

This transaction is related to two 

concurrently filed notices of exemption 

in: (1) STB Finance Docket No. 34769, 

Modoc Railway and Land Company 

LLC—Acquisition Exemption—Union 

Pacific Railroad Company, wherein 

MR&L seeks to acquire by lease, with an 

option to purchase, the rail lines to be 

operated by MNRR; and (2) STB Finance 

Docket No. 34722, Beth A. Blansett, 

William D. Blansett, and Modoc Railway 

and Land Company LLC—Continuance 

in Control Exemption, wherein Beth A. 

Blansett and William D. Blansett seek to 

continue in control of MNRR and 

MR&L, upon their becoming Class III 

rail carriers, and MR&L seeks to control 

MNRR. 

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. 34768, 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 Dennis C. 

Farley, Lear & Lear, L.L.P., 229 South 

Main, Suite 2200, Wells Fargo Center, 

Salt Lake City, UT 84111. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 9, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–22759 Filed 11–17–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34769] 

Modoc Railway and Land Company 

LLC—Acquisition Exemption—Union 

Pacific Railroad Company 

Modoc Railway and Land Company 

LLC (MR&L), a noncarrier, has filed a 

verified notice of exemption under 49 

CFR 1150.31 to acquire by lease, with an 

option to purchase, approximately 

107.15 miles of rail lines from Union 

Pacific Railroad Company. The rail lines 

consist of a line known as the Modoc 

Subdivision extending between 

milepost 552.0 near Texum, OR, and 

milepost 445.6 at the end of the track 

near McArthur, CA, and the Lakeview 

Branch extending between milepost 

456.89 and milepost 458.60 at Alturas, 

CA. 

MR&L certifies that its projected 

annual revenues as a result of this 

transaction will not exceed those that 

would qualify it as a Class III rail carrier 

and will not result in the creation of a 

Class II or Class I rail carrier. 

The transaction was expected to be 

consummated on or shortly after 

November 1, 2005. 

This transaction is related to two 

concurrently filed notices of exemption 

in: (1) STB Finance Docket No. 34768, 

Modoc Northern Railroad Company—

Operation Exemption—Union Pacific 

Railroad Company, wherein Modoc 

Northern Railroad Company (MNRR) 

seeks to operate the rail lines being 

acquired by lease by MR&L; and (2) STB 

Finance Docket No. 34722, Beth A. 

Blansett, William D. Blansett, and 

Modoc Railway and Land Company 

LLC—Continuance in Control 

Exemption, wherein Beth A. Blansett 

and William D. Blansett seek to 

continue in control of MR&L and 

MNRR, upon their becoming Class III 

rail carriers, and MR&L seeks to control 

MNRR. 

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. 34769, 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 Dennis C. 

Farley, Lear & Lear, L.L.P., 229 South 

Main, Suite 2200, Wells Fargo Center, 

Salt Lake City, UT 84111. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 9, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–22760 Filed 11–17–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Advisory Committee on Chiropractic 

Care Implementation; Notice of 

Meeting 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92–

463 (Federal Advisory Committee Act) 

that the Advisory Committee on 

Chiropractic Care Implementation will 

hold its final meeting Tuesday, 

December 6, 2005, from 8:15 a.m. until 

5 p.m. at 810 Vermont Avenue, NW., 

Room 430, and Wednesday, December 

7, 2005 from 8:15 a.m. until 3:30 p.m. 

at 811 Vermont Avenue, NW., Room 

147, Washington, DC. The meeting is 

open to the public. 

The purpose of the Committee is to 

provide advice to the Secretary of 

Veterans Affairs on the implementation 

and evaluation of the chiropractic care 

program. The Committee will focus on 

monitoring the nationwide program 

implementation, reviewing and 

evaluating policy and program issues 

that affect implementation, 

recommending actions to improve the 

chiropractic health program, assisting in 

long-range planning and development, 

and such other matters as the Secretary 

determines to be appropriate. 

On December 6, the Committee will 

receive an update on the status of VA’s 

implementation of the chiropractic care 

program, briefings on related topics, and 

conduct a conference call with doctors 

of chiropractic at VA facilities. On 

December 7, the Committee will discuss 

and develop its final report to the 

Secretary of Veterans Affairs. 

Any member of the public wishing to 

attend the meeting is requested to 

contact Ms. Sara McVicker, RN, MN, 

Designated Federal Officer, at (202) 

273–8559 not later than 12 noon Eastern 

time on Thursday, December 1, 2005 in 

order to facilitate entry to the building. 

Oral comments from the public will 

not be accepted at the meeting. Any 

comments from interested parties on 

issues related to chiropractic care may 

be transmitted electronically to 

sara.mcvicker@va.gov or mailed to: