80_FR_27321 80 FR 27230 - Boot Hill & Western Railway Holding Co., Inc.-Acquisition and Operation Exemption-Boot Hill & Western Railway Co., LC

80 FR 27230 - Boot Hill & Western Railway Holding Co., Inc.-Acquisition and Operation Exemption-Boot Hill & Western Railway Co., LC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 91 (May 12, 2015)

Page Range27230-27231
FR Document2015-11429

Federal Register, Volume 80 Issue 91 (Tuesday, May 12, 2015)
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27230-27231]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11429]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35924]


Boot Hill & Western Railway Holding Co., Inc.--Acquisition and 
Operation Exemption--Boot Hill & Western Railway Co., LC

    Boot Hill & Western Railway Holding Co., Inc. (Holding), a 
noncarrier holding company, has filed a verified notice of exemption 
pursuant to 49 CFR 1150.31, to acquire and operate approximately 10.2 
miles of rail line owned by Boot Hill & Western Railway Co., LC (BHWR), 
a Class III rail carrier, extending between milepost 15.8, at or near 
Wilroads, and milepost 26.0, at Dodge City, in Ford County, Kan. 
Holding also seeks Board approval to acquire from BHWR the right to 
reactive common carrier rail service on an approximately 15.8-mile 
contiguous railbanked rail line, extending between milepost 0.0, at or 
near Bucklin, and milepost 15.8, at or near Wilroads, in Ford County, 
Kan.\1\ In a prior notice, BHWR was issued a notice of interim trail 
use or abandonment (NITU) over this portion of the line.
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    \1\ Boot Hill & W. Ry.--Aban. Exemption--In Ford Cnty., Kan., AB 
927X (STB served Feb. 13, 2006). On April 24, 2015, BHWR and Holding 
jointly filed a motion to substitute Holding as the interim trail 
sponsor and remove BHWR. That motion will be addressed in a separate 
decision.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Michael Williams--Continuance in Control Exemption--
Boot Hill & W. Ry. Co., LC, Docket No. FD 35925. Holding may not 
consummate this transaction until that notice also becomes effective.
    According to Holding, the acquisition will allow continued rail 
operations

[[Page 27231]]

over the remaining 10.2 miles of active rail line and will not result 
in significant changes to carrier operations. Holding states that the 
thresholds of 49 CFR 1105.7(e)(5)(ii) will not be exceeded, therefore 
no environmental documentation is required.
    Holding certifies that the projected annual revenues as a result of 
this transaction will not result in Holding becoming a Class II or 
Class I rail carrier and that its annual revenue will not exceed $5 
million.
    The earliest the transaction could be consummated is May 24, 2014, 
the effective date of the exemption (30 days after the exemption was 
filed). The parties expect to consummate the transaction on the later 
of May 27, 2015, or the effective date of the exemption.
    If the verified 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 effectiveness of the 
exemption. Petitions to stay must be filed by May 18, 2015 (at least 
seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35924, must be filed with the Surface Transportation Board, 395 
E Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on: Charles H. Montange, Law Offices of Charles 
H. Montange, 426 NW 162d St., Seattle, WA 98177.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: May 7, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-11429 Filed 5-11-15; 8:45 am]
 BILLING CODE 4915-01-P



                                                  27230                          Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices

                                                  Statement is available for review in the                   (B) That the mismarked high-beam                   the subject vehicles that GM no longer
                                                  Federal Register published on April 11,                 headlamps are the correct headlamps for               controlled at the time it determined that
                                                  2000, (65 FR 19477–78).                                 the subject vehicles and that they                    the noncompliance existed. However,
                                                     The petition, supporting materials,                  conform to all other requirements                     any decision on this petition does not
                                                  and all comments received before the                    including photometric as required by                  relieve vehicle distributors and dealers
                                                  close of business on the closing date                   FMVSS No. 108.                                        of the prohibitions on the sale, offer for
                                                  indicated below will be filed and will be                  (C) The risk of customer confusion                 sale, or introduction or delivery for
                                                  considered. All comments and                            when selecting a correct replacement                  introduction into interstate commerce of
                                                  supporting materials received after the                 bulb is remote. Both the HB3 type and                 the noncompliant vehicles under their
                                                  closing date will also be filed and will                the 9005 ANSI designation are marked                  control after GM notified them that the
                                                  be considered to the extent possible.                   on the vehicles’ headlamp bulb sockets,               subject noncompliance existed.
                                                  When the petition is granted or denied,                 and packaging for replacement bulbs is
                                                                                                                                                                  Authority: 49 U.S.C. 30118, 30120:
                                                  notice of the decision will be published                commonly marked with both the HB                      Delegations of authority at 49 CFR 1.95 and
                                                  in the Federal Register pursuant to the                 type and the ANSI designation. GM                     501.8.
                                                  authority indicated below.                              searched a number of national
                                                                                                          automotive parts stores (Autozone,                    Jeffrey Giuseppe,
                                                  SUPPLEMENTARY INFORMATION:
                                                     I. GM’s Petition: Pursuant to 49 U.S.C.              O’Reilly, Advanced Auto Parts, and Pep                Director, Office of Vehicle Safety Compliance.
                                                  30118(d) and 30120(h) (see                              Boys), and found that all HB3                         [FR Doc. 2015–11395 Filed 5–11–15; 8:45 am]
                                                  implementing rule at 49 CFR part 556),                  replacement bulbs in these stores were                BILLING CODE 4910–59–P

                                                  GM submitted a petition for an                          marked with the 9005 ANSI
                                                  exemption from the notification and                     designation. Should a consumer attempt
                                                  remedy requirements of 49 U.S.C.                        to install an incorrect bulb into the                 DEPARTMENT OF TRANSPORTATION
                                                                                                          headlamp sockets, the bulb could not be
                                                  Chapter 301 on the basis that this                                                                            Surface Transportation Board
                                                                                                          successfully installed because of the
                                                  noncompliance is inconsequential to
                                                                                                          unique nature of the socket hardware.                 [Docket No. FD 35924]
                                                  motor vehicle safety.                                      (D) GM also cited several previous
                                                     This notice of receipt of GM’s petition              petitions that NHTSA has granted
                                                  is published under 49 U.S.C. 30118 and                                                                        Boot Hill & Western Railway Holding
                                                                                                          dealing with noncompliances that GM                   Co., Inc.—Acquisition and Operation
                                                  30120 and does not represent any                        believes are similar to the
                                                  agency decision or other exercise of                                                                          Exemption—Boot Hill & Western
                                                                                                          noncompliance that is the subject of its              Railway Co., LC
                                                  judgment concerning the merits of the                   petition. Based on these decisions, GM
                                                  petition.                                               believes that there is also precedent to                 Boot Hill & Western Railway Holding
                                                     II. Vehicles Involved: Affected are                  support granting its petition.                        Co., Inc. (Holding), a noncarrier holding
                                                  approximately 310,243 MY 2012–2015                         GM is not aware of any VOQ or field                company, has filed a verified notice of
                                                  Chevrolet Sonic passenger cars                          data in which a consumer has                          exemption pursuant to 49 CFR 1150.31,
                                                  manufactured between May 5, 2011 and                    complained of not being able to identify              to acquire and operate approximately
                                                  February 4, 2015.                                       the proper replacement headlamp bulb                  10.2 miles of rail line owned by Boot
                                                     III. Noncompliance: GM explains that                 for the affected vehicles, which GM                   Hill & Western Railway Co., LC
                                                  the noncompliance is that the high-                     believes to be evidence that this                     (BHWR), a Class III rail carrier,
                                                  beam headlamp lenses on the subject                     noncompliance is not impacting                        extending between milepost 15.8, at or
                                                  vehicles are not marked with ‘‘HB3’’                    consumers.                                            near Wilroads, and milepost 26.0, at
                                                  (the HB bulb type) as required by                          GM has additionally informed                       Dodge City, in Ford County, Kan.
                                                  paragraph S6.5.3.4.1 of FMVSS No. 108.                  NHTSA that it has corrected the                       Holding also seeks Board approval to
                                                     IV. Rule Text: Paragraph S6.5.3.4.1 of               noncompliance by adding the HB3                       acquire from BHWR the right to reactive
                                                  FMVSS No. 108 requires in pertinent                     designation bulb type to the high-beam                common carrier rail service on an
                                                  part:                                                   headlamp lens in all vehicles produced                approximately 15.8-mile contiguous
                                                     S6.5.3.4.1 The lens of each replaceable              on or after February 21, 2015.                        railbanked rail line, extending between
                                                  bulb headlamp must bear permanent marking                  In summation, GM believes that the                 milepost 0.0, at or near Bucklin, and
                                                  in front of each replaceable light source with          described noncompliance of the subject                milepost 15.8, at or near Wilroads, in
                                                  which it is equipped that states either: The            vehicles is inconsequential to motor                  Ford County, Kan.1 In a prior notice,
                                                  HB Type, if the light source conforms to S11            vehicle safety, and that its petition, to             BHWR was issued a notice of interim
                                                  of this standard for filament light sources,            exempt GM from providing recall                       trail use or abandonment (NITU) over
                                                  . . .
                                                                                                          notification of noncompliance as                      this portion of the line.
                                                     V. Summary of GM’s Analyses: GM                      required by 49 U.S.C. 30118 and                          This transaction is related to a
                                                  stated its belief that the subject                      remedying the recall noncompliance as                 concurrently filed verified notice of
                                                  noncompliance is inconsequential to                     required by 49 U.S.C. 30120 should be                 exemption in Michael Williams—
                                                  motor vehicle safety for the following                  granted.                                              Continuance in Control Exemption—
                                                  reasons:                                                   NHTSA notes that the statutory                     Boot Hill & W. Ry. Co., LC, Docket No.
                                                     (A) The high-beam headlamp lenses                    provisions (49 U.S.C. 30118(d) and                    FD 35925. Holding may not
                                                  in question are clearly marked ‘‘9005’’                 30120(h)) that permit manufacturers to                consummate this transaction until that
                                                  (the ANSI designation), which GM                        file petitions for a determination of                 notice also becomes effective.
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                                                  believes to be a well-known alternative                 inconsequentiality allow NHTSA to                        According to Holding, the acquisition
                                                  designation recognized throughout the                   exempt manufacturers only from the                    will allow continued rail operations
                                                  automotive industry and used by                         duties found in sections 30118 and
                                                  lighting manufacturers interchangeably                  30120, respectively, to notify owners,                  1 Boot Hill & W. Ry.—Aban. Exemption—In Ford

                                                  with HB3 the lamp’s HB type. GM also                    purchasers, and dealers of a defect or                Cnty., Kan., AB 927X (STB served Feb. 13, 2006).
                                                                                                                                                                On April 24, 2015, BHWR and Holding jointly filed
                                                  verified that the vehicle owner’s                       noncompliance and to remedy the                       a motion to substitute Holding as the interim trail
                                                  manuals identify the high beam                          defect or noncompliance. Therefore, any               sponsor and remove BHWR. That motion will be
                                                  replacement bulb as 9005.                               decision on this petition only applies to             addressed in a separate decision.



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                                                                                 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices                                                   27231

                                                  over the remaining 10.2 miles of active                 Intelligent Transportation System Joint               Laboratory, 555 Technology Square,
                                                  rail line and will not result in                        Program Office (ITS JPO) will present                 Cambridge, MA 02139. Directions to
                                                  significant changes to carrier operations.              and seek input on the latest results of its           Kendall Square, local hotel options, and
                                                  Holding states that the thresholds of 49                Connected Vehicle architecture                        information for access to Draper
                                                  CFR 1105.7(e)(5)(ii) will not be                        developments and standards analysis at                Laboratory will be provided to
                                                  exceeded, therefore no environmental                    a workshop in Cambridge,                              registrants.
                                                  documentation is required.                              Massachusetts, June 10–12, 2015.                        As the results of the CVRIA, interface
                                                     Holding certifies that the projected                    The event will be held at Draper                   analysis, and standardization efforts are
                                                  annual revenues as a result of this                     Laboratory, located in the Kendall                    expected to affect a wide range of public
                                                  transaction will not result in Holding                  Square technology innovation area, and                and private organizations, it is
                                                  becoming a Class II or Class I rail carrier             near USDOT’s Volpe National                           important that the analyses incorporate,
                                                  and that its annual revenue will not                    Transportation Systems Center. The                    as appropriate, the needs and
                                                  exceed $5 million.                                      event will be presented in two parts:                 requirements of the CV community.
                                                     The earliest the transaction could be                   • June 10: A training session on:                  This workshop is an appropriate
                                                  consummated is May 24, 2014, the                           Æ The CVRIA, a consistent framework                opportunity for external stakeholders to
                                                  effective date of the exemption (30 days                to guide the planning and deployment                  engage in the standards discussion.
                                                  after the exemption was filed). The                     of connected vehicle technologies. The                  Issued in Washington, DC, on the 7th day
                                                  parties expect to consummate the                        architecture identifies options for                   of May 2015.
                                                  transaction on the later of May 27, 2015,               interoperable deployment of                           Stephen Glasscock,
                                                  or the effective date of the exemption.                 technologies from an enterprise,
                                                     If the verified notice contains false or                                                                   Program Analyst, ITS Joint Program Office.
                                                                                                          physical, logical, and communications
                                                  misleading information, the exemption                                                                         [FR Doc. 2015–11428 Filed 5–11–15; 8:45 am]
                                                                                                          perspective. It also facilitates the ability
                                                  is void ab initio. Petitions to revoke the              of jurisdictions to operate                           BILLING CODE 4910–22–P
                                                  exemption under 49 U.S.C. 10502(d)                      collaboratively and to harness the
                                                  may be filed at any time. The filing of                 benefits of a regional approach to
                                                  a petition to revoke will not                           transportation challenges.
                                                  automatically stay the effectiveness of                                                                       DEPARTMENT OF THE TREASURY
                                                                                                             Æ The Systems Engineering Tool for
                                                  the exemption. Petitions to stay must be                Intelligent Transportation (SET-IT)                   Office of Foreign Assets Control
                                                  filed by May 18, 2015 (at least seven                   Version 1.1, which allows implementers
                                                  days before the exemption becomes                       and decision makers to develop their                  Designation of 3 Individuals Pursuant
                                                  effective).                                             own architectures for deployment.                     to Executive Order 13581, ‘‘Blocking
                                                     An original and ten copies of all                       Both are available at: http://                     Property of Transnational Criminal
                                                  pleadings, referring to Docket No. FD                   www.its.dot.gov/arch/index.htm and                    Organizations’’
                                                  35924, must be filed with the Surface                   www.iteris.com/cvria.
                                                  Transportation Board, 395 E Street SW.,                    • June 11–12: A workshop that will                 AGENCY:  Office of Foreign Assets
                                                  Washington, DC 20423–0001. In                           provide implementers and decision                     Control, Treasury.
                                                  addition, a copy of each pleading must                  makers with:                                          ACTION: Notice.
                                                  be served on: Charles H. Montange, Law                     Æ An update on the changes to CVRIA
                                                  Offices of Charles H. Montange, 426 NW                                                                        SUMMARY:   The Treasury Department’s
                                                                                                          and SET-IT as they move toward the
                                                  162d St., Seattle, WA 98177.                                                                                  Office of Foreign Assets Control
                                                                                                          release of version 2.0 in late June 2015.
                                                     Board decisions and notices are                                                                            (‘‘OFAC’’) is publishing the names of 3
                                                                                                             Æ An update on the standards
                                                  available on our Web site at                                                                                  individuals whose property and
                                                                                                          analysis that was performed using the
                                                  ‘‘WWW.STB.DOT.GOV.’’                                                                                          interests in property are blocked
                                                                                                          CVRIA to identify interfaces that are
                                                    Decided: May 7, 2015.                                                                                       pursuant to Executive Order 13581 of
                                                                                                          candidates for standardization.
                                                                                                                                                                July 24, 2011, ‘‘Blocking Property of
                                                    By the Board, Joseph H. Dettmar, Acting                  To register for the CVRIA workshop,
                                                  Director, Office of Proceedings.                                                                              Transnational Criminal Organizations.’’
                                                                                                          please visit: www.itsa.org/
                                                  Brendetta S. Jones,                                     cvriaregistration.                                    DATES: The designations by the Director
                                                  Clearance Clerk.                                           For further information, please                    of OFAC, pursuant to Executive Order
                                                                                                          contact Carlos Alban, Transportation                  13581, of the 3 individuals identified in
                                                  [FR Doc. 2015–11429 Filed 5–11–15; 8:45 am]
                                                                                                          Program Specialist, Intelligent                       this notice were effective on April 16,
                                                  BILLING CODE 4915–01–P
                                                                                                          Transportation Society of America, 1100               2015.
                                                                                                          New Jersey Ave. SE., Suite 850                        FOR FURTHER INFORMATION CONTACT:
                                                  DEPARTMENT OF TRANSPORTATION                            Washington, DC 20003, 202–721–4223,                   Assistant Director, Sanctions
                                                                                                          calban@itsa.org.                                      Compliance and Evaluation, Office of
                                                  Intelligent Transportation Systems                         Updates will be available on the ITS               Foreign Assets Control, Department of
                                                  Connected Vehicle Reference                             Program Web site at: http://                          the Treasury, Washington, DC 20220,
                                                  Implementation Architecture                             www.its.dot.gov/ under Press Room:                    tel.: 202/622–2490.
                                                  Workshop; Notice of Public Meeting                      Public Meetings and Events, and on the                SUPPLEMENTARY INFORMATION:
                                                  AGENCY:  ITS Joint Program Office, Office               ITS Standards Web site at: http://
                                                                                                          www.standards.its.dot.gov/                            Electronic and Facsimile Availability
                                                  of the Assistant Secretary for Research
                                                                                                          DevelopmentActivities/CVReference.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  and Technology, U.S. Department of                                                                              This document and additional
                                                  Transportation.                                         SUPPLEMENTARY INFORMATION: The                        information concerning OFAC are
                                                  ACTION: Notice.                                         CVRIA training will be conducted on                   available from OFAC’s Web site
                                                                                                          Wednesday, June 10, 2015 from 9:00–                   (www.treas.gov/ofac). Certain general
                                                    In continuation of ITS Connected                      16:00. The workshop will be conducted                 information pertaining to OFAC’s
                                                  Vehicle Reference Implementation                        on Thursday, June 11, 2015 from 9:00–                 sanctions programs is available via
                                                  Architecture (CVRIA) efforts, the U.S.                  16:30 and on Friday, June 12, 2015 from               facsimile through a 24-hour fax-on-
                                                  Department of Transportation (USDOT)                    9:00–13:00. It will take place at Draper              demand service, tel.: 202/622–0077.


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Document Created: 2015-12-16 07:55:44
Document Modified: 2015-12-16 07:55:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 27230 

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