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actions by issuing approvals for the 4201–4209]; The Uniform Relocation Register (71 FR 17954). NHTSA
following highway project in the State Assistance and Real Property received no comments.
of California. This project would Acquisition Policies Act of 1970, as Affected are a total of approximately
improve safety and provide congestion amended. 1,918 Yokohama brand T155/70D17
relief on State Route 46, San Luis 7. Hazardous Materials: 110M Y870B temporary-use-only tires
Obispo County, California. This would Comprehensive Environmental produced from August 2005 to February
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33334 Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Notices
2006. S4.3.2 of FMVSS No. 109 refers to milepost SB 208.5, near Marion, in A copy of any petition filed with the
49 CFR 574.5, which requires 3⁄4 inch McDowell County, NC. The line Board should be sent to NSR’s
maximum width spacing between the traverses United States Postal Service representative: James R. Paschall, Three
manufacturer’s identification mark/tire Zip Code 28752. Commercial Place, Norfolk, VA 23510–
size code grouping and the subsequent NSR has certified that: (1) No local 2191.
tire type code and date of manufacture. traffic has moved over the line for at If the verified notice contains false or
The subject tires have a spacing that least 2 years; (2) any overhead traffic misleading information, the exemption
exceeds 3⁄4 inch. Yokohama has can be rerouted over other lines; (3) no is void ab initio.
corrected the problem that caused these formal complaint filed by a user of rail NSR has filed environmental and
errors so that they will not be repeated service on the line (or by a state or local historic reports which address the
in future production. government entity acting on behalf of effects, if any, of the abandonment on
Yokohama believes that the such user) regarding cessation of service the environment and historic resources.
noncompliance is inconsequential to over the line either is pending with the SEA will issue an environmental
motor vehicle safety and that no Surface Transportation Board or with assessment (EA) by June 13, 2006.
corrective action is warranted. any U.S. District Court or has been Interested persons may obtain a copy of
Yokohama states that the noncompliant decided in favor of complainant within the EA by writing to SEA (Room 500,
spacing ‘‘does not impair the purpose or the 2-year period; and (4) the Surface Transportation Board,
the use of the identification number and requirements of 49 CFR 1105.7 Washington, DC 20423–0001) or by
does not pose a threat to motor vehicle (environmental report), 49 CFR 1105.8 calling SEA, at (202) 565–1539.
safety.’’ Yokohama says that all other (historic report), 49 CFR 1105.11 [Assistance for the hearing impaired is
aspects of the tire identification number (transmittal letter), 49 CFR 1105.12 available through the Federal
comply with the standard. (newspaper publication), and 49 CFR Information Relay Service (FIRS) at 1–
NHTSA agrees with Yokohama that 1152.50(d)(l) (notice to governmental 800–877–8339.] Comments on
the noncompliance is inconsequential to agencies) have been met. environmental and historic preservation
motor vehicle safety. Although the As a condition to this exemption, any matters must be filed within 15 days
spacing is incorrect, all the correct employees adversely affected by the after the EA becomes available to the
information required by FMVSS No. 109 abandonment shall be protected under public.
is provided and therefore is likely to Oregon Short Line R. Co.— Environmental, historic preservation,
achieve the safety purposes of the Abandonment—Goshen, 360 I.C.C. 91 public use, or trail use/rail banking
requirement. All other informational (1979). To address whether this conditions will be imposed, where
markings are present, and the tires meet condition adequately protects affected appropriate, in a subsequent decision.
or exceed all of the performance employees, a petition for partial Pursuant to the provisions of 49 CFR
requirements of FMVSS No. 109. revocation under 49 U.S.C. 10502(d) 1152.29(e)(2), NSR shall file a notice of
In consideration of the foregoing, must be filed. consummation with the Board to signify
Provided no formal expression of that it has exercised the authority
NHTSA has decided that the petitioner
intent to file an offer of financial granted and fully abandoned the line. If
has met its burden of persuasion that
assistance (OFA) has been received, this consummation has not been effected by
the noncompliance described is
exemption will be effective on July 8, NSR’s filing of a notice of
inconsequential to motor vehicle safety.
2006, unless stayed pending consummation by June 8, 2007, and
Accordingly, Yokohama’s petition is
reconsideration. Petitions to stay that do there are no legal or regulatory barriers
granted and the petitioner is exempted
not involve environmental issues,1 to consummation, the authority to
from the obligation of providing formal expressions of intent to file an
notification of, and a remedy for, the abandon will automatically expire.
OFA under 49 CFR 1152.27(c)(2),2 and Board decisions and notices are
noncompliance. trail use/rail banking requests under 49 available on our Web site at http://
Authority: (49 U.S.C. 30118, 30120; CFR 1152.29 must be filed by June 19, www.stb.dot.gov.
delegations of authority at CFR 1.50 and 2006. Petitions to reopen or requests for
501.8) Decided: June 1, 2006.
public use conditions under 49 CFR
Issued on: June 2, 2006. 1152.28 must be filed by June 28, 2006, By the Board, David M. Konschnik,
Director, Office of Proceedings.
Daniel C. Smith, with: Surface Transportation Board,
1925 K Street, NW., Washington, DC Vernon A. Williams,
Associate Administrator for Enforcement.
20423–0001.3 Secretary.
[FR Doc. E6–8878 Filed 6–7–06; 8:45 am]
[FR Doc. E6–8851 Filed 6–7–06; 8:45 am]
BILLING CODE 4910–59–P
1 The Board will grant a stay if an informed BILLING CODE 4915–01–P
decision on environmental issues (whether raised
by a party or by the Board’s Section of
DEPARTMENT OF TRANSPORTATION Environmental Analysis (SEA) in its independent
investigation) cannot be made before the DEPARTMENT OF THE TREASURY
Surface Transportation Board exemption’s effective date. See Exemption of Out-
of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Alcohol and Tobacco Tax and Trade
[STB Docket No. AB–290 (Sub–No. 266X)] request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
Bureau
Norfolk Southern Railway Company— the exemption’s effective date.
2 Each OFA must be accompanied by the filing fee Proposed Information Collections;
Abandonment Exemption—in which as of April 19, 2006, is set at $1,300. See Comment Request
McDowell County, NC Regulations Governing Fees for Service Performed
cprice-sewell on PROD1PC66 with NOTICES
in Connection With Licensing and Related Services- AGENCY: Alcohol and Tobacco Tax and
Norfolk Southern Railway Company 2006 Update, STB Ex Parte No. 542 (Sub-No. 13) Trade Bureau (TTB), Treasury.
(NSR) has filed a notice of exemption (STB served Mar. 20, 2006). See 49 CFR
ACTION: Notice and request for
under 49 CFR part 1152 Subpart F— 1002.2(f)(25).
3 On May 22, 2006, the City of Marion, NC filed comments.
Exempt Abandonments to abandon a request for issuance of a notice of interim trail use
approximately 3.5 miles of railroad and for imposition of a public use condition. The SUMMARY: As part of our continuing
between milepost SB 205.0 and requests will be addressed in a separate decision. effort to reduce paperwork and
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