Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices 58297 

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. 

2Effective July 18, 2008, the filing fee for an OFA 

increased to $1,500. See Regulations Governing 

Fees for Services Performed in Connection with 

Licensing and Related Services—2008 update, STB 

Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 

2008). 

3On September 22, 2008, the New York State 

Office of Parks, Recreation and Historic 

Preservation filed a request for the issuance of a 

notice of interim trail use and for imposition of a 

public use condition for the 27.6-mile rail line. On 

September 26, 2008, BPRR agreed to negotiate for 

interim trail use/rail banking. 

law enforcement agencies of new 

vehicle lines exempted from the partsmarking requirements of the Theft 

Prevention Standard. 

If Chrysler decides not to use the 

exemption for this line, it must formally 

notify the agency. If such a decision is 

made, the line must be fully marked as 

required by 49 CFR Parts 541.5 and 

541.6 (marking of major component 

parts and replacement parts). 

NHTSA notes that if Chrysler 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 anti-theft 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 Part 

543.9(c)(2) could place on exempted 

vehicle manufacturers and itself. The 

agency did not intend 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. 

Issued on: September 30, 2008. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E8–23598 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–369 (Sub-No. 7X)] 

Buffalo & Pittsburgh Railroad, Inc.— 

Abandonment Exemption—in Erie and 

Cattaraugus Counties, NY 

Buffalo & Pittsburgh Railroad, Inc. 

(BPRR) has filed a verified notice of 

exemption under 49 CFR Part 1152 

Subpart F—Exempt Abandonments to 

abandon a 27.6-mile line of railroad 

extending from milepost 8.4 in Orchard 

Park, in Erie County, NY, to milepost 36 

in Ashford, in Cattaraugus County, NY. 

The line traverses United States Postal 

Service Zip Codes 14127, 14025, 14033, 

and 14141. 

BPRR has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) all overhead traffic has 

been rerouted; (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 report), 49 

CFR 1105.8 (historic report), 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 met. 

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 

November 5, 2008, 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 October 16, 2008. Petitions to 

reopen or requests for public use 

conditions under 49 CFR 1152.28 must 

be filed by October 27, 2008, with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001.3

A copy of any petition filed with the 

Board should be sent to BPRR’s 

representative: Eric M. Hocky, Thorp 

Reed & Armstrong, LLP, One Commerce 

Square, 2005 Market Street, Suite 1910, 

Philadelphia, PA 19103. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

BPRR has filed a combined 

environmental and historic report that 

addresses the effects, if any, of the 

abandonment on the environment and 

historic resources. SEA will issue an 

environmental assessment (EA) by 

October 10, 2008. Interested persons 

may obtain a copy of the EA by writing 

to SEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling SEA, at (202) 

245–0305. [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), BPRR 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 

BPRR’s filing of a notice of 

consummation by October 6, 2009, 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: September 29, 2008. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Anne K. Quinlan, 

Acting Secretary. 

[FR Doc. E8–23422 Filed 10–3–08; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

September 30, 2008. 

The Department of the Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 


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