Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Notices 33579

1 The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This decision

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 11323–25.

their certification, labeling, and part

numbers for purposes of Standard No.

209 compliance. Additionally, Fiat

observed that non-U.S. certified Ferraris

cannot be readily modified to comply

with Standard No. 208. Fiat contended

that ‘‘major alterations’’ would be

necessary to achieve such compliance,

including the addition of an energyabsorbing knee bolster under the

dashboard, the creation of new belt

anchorage points to accommodate an

automatic belt system, the modification

of side members to fit motorized

shoulder belt tracks, and the addition of

a new electronic control unit and wiring

for the automatic belt system.

Fiat also noted that U.S. certified

Ferraris have 4-point seat belt

anchorages to comply with Standard

No. 210, while the non-U.S. certified

vehicles have 3-point anchorages. Fiat

further noted that only the U.S. vehicles

have a steel beam in the inner door and

a stronger structure on both sides of the

door to comply with Standard No. 214,

as well as a warning buzzer to indicate

that the left door is open. Fiat

contended that it would be difficult to

properly install the door beam and

reinforce the sides of a non-U.S.

certified vehicle. Fiat also contended

that U.S. certified Ferraris have a

stronger front and rear chassis so that

they can pass front, rear, and side

impact tests under Standard No. 301.

Fiat further noted that U.S. certified

Ferraris have unique bumpers and

brackets with the strength required to

pass the pendulum and barrier tests

under the Bumper Standard.

NHTSA accorded LPC an opportunity

to respond to Fiat’s comments. In its

response, LPC noted that Ferrari from

time to time, for reasons unknown to

LPC, installs various U.S. certified

components, structures, supports, and

hardware on vehicles that are not

intended for sale in this country. LPC

stated that its petition identified the

U.S. certified components, along with

their associated structures, brackets, and

hardware, which are either installed on

the non-U.S. certified vehicle when

originally manufactured, or that can be

readily installed to produce a vehicle

identical to the U.S. certified version.

Specifically, LPC asserted that the

non-U.S. certified 1992 Ferrari 348TS is

equipped by its manufacturer with a

U.S. certified automatic belt system, as

well as anchor points, knee bolster, and

other components necessary to comply

with Standard Nos. 208, 209, and 210.

Additionally, LPC contended that the

non-U.S. certified 1992 Ferrari 348TS is

equipped by its manufacturer with U.S.

certified door assemblies that comply

with Standard No. 214. LPC also

asserted that the non-U.S. certified

vehicle is equipped with U.S. certified

front and rear bumpers, structures,

supports, and hardware to meet the

Bumper Standard, as well as fuel system

integrity components necessary to meet

Standard No. 301.

NHTSA has reviewed each of the

issues that Fiat has raised regarding

LPC’s petition. NHTSA believes that

LPC’s responses adequately address

each of those issues. NHTSA further

notes that the modifications described

by LPC have been performed with

relative ease on thousands of

nonconforming vehicles imported over

the years, and would not preclude the

non-U.S. certified 1992 Ferrari 348TS

from being found ‘‘capable of being

readily modified to comply with all

Federal motor vehicle safety standards.’’

NHTSA has accordingly decided to

grant the petition.

Vehicle Eligibility Number for Subject

Vehicles

The importer of a vehicle admissible

under any final decision must indicate

on the form HS–7 accompanying entry

the appropriate vehicle eligibility

number indicating that the vehicle is

eligible for entry. VSP–161 is the

vehicle eligibility number assigned to

vehicles admissible under this decision.

Final Decision

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that a

1992 Ferrari 348TS not originally

manufactured to comply with all

applicable Federal motor vehicle safety

standards is substantially similar to a

1992 Ferrari 348TS originally

manufactured for importation into and

sale in the United States and certified

under 49 U.S.C. § 30115, and is capable

of being readily altered to conform to all

applicable Federal motor vehicle safety

standards.

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.

Issued on: June 21, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96–16383 Filed 6–26–96; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board 1

[STB Finance Docket No. 32947 (Sub-No.

1)]

The A&G Railroad, L.L.C.—Merger—

The Bay Line Railroad, L.L.C.—

Corporate Family Transaction

Exemption

The A&G Railroad, L.L.C. (A&G) and

The Bay Line Railroad, L.L.C. (Bay Line)

(applicants), both of which are

controlled by K. Earl Durden and Green

Bay Packaging, Inc., filed a notice of

exemption to undertake a transaction

within their corporate family that would

merge A&G into Bay Line. The

transaction is expected to be

consummated on or after the June 24,

1996 effective date of the exemption.

A&G owns and operates

approximately 27 miles of rail line

between Abbeville and Grimes, AL, and

operates over 7 miles of CSX

Transportation, Inc.’s (CSXT) rail line

between Grimes and the Bay Line’s rail

yard in Dothan, AL, pursuant to

incidental trackage rights.

Bay Line owns and operates

approximately 79 miles of rail line

between Dothan, AL, and Panama City,

FL. It interchanges with CSXT at

Cottondale, FL, and with CSXT, Norfolk

Southern Railway Company, the

Hartford & Slocomb Railroad Company,

and the A&G at Dothan.

This transaction is related to a notice

of exemption concurrently filed in STB

Finance Docket No. 32947 (Sub-No. 2),

K. Earl Durden—Acquisition of Control

Exemption—Rail Partners, L.P., et al., in

which K. Earl Durden will acquire

100% control of Rail Partners, L.P., Rail

Management and Consulting

Corporation, and other shortline

railroads.

This is a transaction within a

corporate family of the type specifically

exempted from prior review and

approval under 49 CFR 1180.2(d)(3).

The parties state that the transaction

will not result in adverse changes in

service levels, significant operational

changes, or a change in the competitive

balance with carriers outside applicants’

corporate family. The stated purposes of

the transaction are to streamline

management of the two rail carriers and

to facilitate consummation of the

transaction in STB Finance Docket No.

32947 (Sub-No. 2).
33580 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Notices

1 The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This decision

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 11323–25.

2 The 12 railroads are: Atlantic & Western

Railway, L.P.; The Bay Line Railroad, L.L.C.;

Copper Basin Railway; East Tennessee Railway,

L.P.; Galveston Railroad, L.P.; Georgia Central

Railway, L.P.; KWT Railway, Inc.; Little Rock &

Western Railway, L.P.; Tomahawk Railway, L.P.;

Valdosta Railway, L.P.; Western Kentucky Railway,

L.L.C.; and Wilmington Terminal Railroad, L.P.,

which are located in Alabama, Arizona, Arkansas,

Florida, Georgia, Kentucky, North Carolina,

Tennessee, Texas, and Wisconsin.

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803 (the ICCTA), which was

enacted on December 29, 1995, and took effect on

January 1, 1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10901 and 10903.

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 11324–25

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 verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

reopen will not automatically stay the

transaction. An original and 10 copies of

all pleadings, referring to STB Finance

Docket No. 32947 (Sub-No. 2), must be

filed with the Office of the Secretary,

Case Control Branch, Surface

Transportation Board, 1201 Constitution

Avenue, NW, Washington, DC 20423. In

addition, a copy of each pleading must

be served on Edward J. McAndrew,

Slover & Loftus, 1224 Seventeenth

Street, N.W., Washington, D.C. 20036.

Decided: June 21, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–16409 Filed 6–26–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board 1

[STB Finance Docket No. 32947 (Sub-No.

2)]

K. Earl Durden—Acquisition of Control

Exemption— Rail Partners, L.P., Et Al.

K. Earl Durden (Durden), a noncarrier

individual, has filed a notice of

exemption to acquire control of Rail

Partners, L.P. (Partners), Rail

Management and Consulting

Corporation (RMCC) and 12 commonlycontrolled shortline railroads

(hereinater the RMCC Railroad Group) 2

through his purchase of Green Bay

Packaging, Inc.’s (GBP) ownership

interests in the aforementioned entities

and railroads. Currently, Durden and

GBP each hold a 49.5% interest and

RMC holds a 1% interest in Partners, a

Delaware limited partnership; Durden

and GBP each own a 50% interest in

RMCC, a non-carrier holding company;

and Durden and GBP each own a 50%

interest in each of the railroads in the

RMCC Railroad Group. By this

transaction, Durden will acquire 100%

ownership and control in Partners,

RMCC, and the RMCC Railroad Group.

The exemption will be effective on June

24, 1996, and the parties intend to

consummate this transaction on June 30,

1996.

This transaction is related to a notice

of exemption concurrently filed in STB

Finance Docket No. 32947 (Sub-No. 1),

The A&G Railroad, L.L.C.—Merger—The

Bay Line Railroad, L.L.C.—Corporate

Family Transaction Exemption, for a

transaction which would merge the

properties of two intracorporate family

rail carriers, whose operations

connected via trackage rights over a

third (unaffiliated) carrier. Once the

merger is consummated, the proposed

acquisition of control by Durden

qualifies for the class exemption for

acquisition of control in this

proceeding.

Durden states that: (1) The transaction

will not result in any of the subject

railroads connecting with one another

or any railroads in their corporate

family; (2) the proposed transaction is

not part of a series of anticipated

transactions that would connect the

subject railroads with each other or any

railroad in their corporate family; and

the transaction involves only Class III

carriers. The transaction therefore 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 11324–25

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 verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

reopen will not automatically stay the

transaction. An original and 10 copies of

all pleadings, referring to STB Finance

Docket No. 32947 (Sub-No. 2), must be

filed with the Office of the Secretary,

Case Control Branch, Surface

Transportation Board, 1201 Constitution

Avenue, NW, Washington, DC 20423. In

addition, a copy of each pleading must

be served on Edward J. McAndrew,

Slover & Loftus, 1224 Seventeenth

Street, N.W., Washington, D.C. 20036.

Decided: June 21, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–16408 Filed 6–26–96; 8:45 am]

BILLING CODE 4915–00–P

Surface Transportation Board1

[STB Finance Docket No. 32753]

R.J. Corman Railroad Company/

Western Ohio Line—Modified Rail

Certificate—Between Lima and

Glenmore, OH

On May 13, 1996, R.J. Corman

Railroad Company/Western Ohio Line

(RJCW) filed a notice for a modified

certificate of public convenience and

necessity under 49 CFR 1150.23 to

operate as a sub-operator a line of

railroad, the SPEG Line, between

milepost 54.4 at Lima, OH, and milepost

84.2 at Glenmore, OH.

The line was formerly part of the

main line of the bankrupt Erie

Lackawanna Railway Company (EL)

between New York and Chicago. The

line was not designated for transfer to

Consolidated Rail Corporation (Conrail),

but was available for subsidy under

section 304 of the Regional Rail

Reorganization Act of 1973 (3R Act).

USRA-Final System Plan-July 1975—

Vol. II, page 122. Under section 304, EL

gave notice of intent to abandon the line

effective March 31, 1976. In 1977, the

line was acquired by the Ohio Rail

Transportation Authority, and the

Spencerville & Elgin Railroad Company

(SPEG) was designated as operator.

Certificate of Designated Operator—

Spencerville & Elgin Railroad Company,

D–OP 23 (ICC served Feb. 13, 1979).