Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Notices 24465

online instructions for submitting conform to all applicable FMVSS, and All comments received before the comments. has no substantially similar U.S.- close of business on the closing date • Mail: Docket Management Facility: certified counterpart, shall be refused indicated above will be considered, and U.S. Department of Transportation, 1200 admission into the United States unless will be available for examination in the New Jersey Avenue SE., West Building NHTSA has decided that the motor docket at the above addresses both Ground Floor, Room W12–140, vehicle has safety features that comply before and after that date. To the extent Washington, DC 20590–0001. with, or are capable of being altered to possible, comments filed after the • Hand Delivery or Courier: West comply with, all applicable FMVSS closing date will also be considered. Building Ground Floor, Room W12–140, based on destructive test data or such Notice of final action on the petition 1200 New Jersey Avenue SE., between other evidence as NHTSA decides to be will be published in the Federal 9 a.m. and 5 p.m. ET, Monday through adequate. Register pursuant to the authority Friday, except Federal holidays. Petitions for eligibility decisions may indicated below. • Fax: 202–493–2251. be submitted by either manufacturers or Authority: 49 U.S.C. 30141(a)(1)(A) and Instructions: Comments must be importers who have registered with (b)(1); 49 CFR 593.8; delegations of authority written in the English language, and be NHTSA pursuant to 49 CFR Part 592. As at 49 CFR 1.95 and 501.8. no greater than 15 pages in length, specified in 49 CFR 593.7, NHTSA Issued on: April 15, 2013. although there is no limit to the length publishes notice in the Federal Register Claude H. Harris, of necessary attachments to the of each petition that it receives, and Director, Office of Vehicle Safety Compliance. comments. If comments are submitted affords interested persons an in hard copy form, please ensure that opportunity to comment on the petition. [FR Doc. 2013–09724 Filed 4–24–13; 8:45 am] two copies are provided. If you wish to At the close of the comment period, BILLING CODE 4910–59–P receive confirmation that your NHTSA decides, on the basis of the comments were received, please enclose petition and any comments that it has DEPARTMENT OF TRANSPORTATION a stamped, self-addressed postcard with received, whether the vehicle is eligible the comments. Note that all comments for importation. The agency then Surface Transportation Board received will be posted without change publishes this decision in the Federal to http://www.regulations.gov, including Register. [Docket No. FD 35731] any personal information provided. US Specs of Havre de Grace, Ballard Terminal Railroad Company, Please see the Privacy Act heading Maryland (Registered Importer 03–321) L.L.C.—Acquisition and Operation below. has petitioned NHTSA to decide Exemption—Woodinville Subdivision Privacy Act: Anyone is able to search whether nonconforming 2011 Thule the electronic form of all comments 3008BL boat trailers are eligible for AGENCY: Surface Transportation Board, received into any of our dockets by the importation into the United States. US DOT. name of the individual submitting the Specs believes these vehicles are ACTION: Notice of exemption; request for comment (or signing the comment, if capable of being modified to meet all comments. submitted on behalf of an association, applicable FMVSS. business, labor union, etc.). You may US Specs submitted information with SUMMARY: On April 2, 2013, Ballard review DOT’s complete Privacy Act its petition intended to demonstrate that Terminal Railroad Company, L.L.C. Statement in the Federal Register 2011 Thule 3008BL boat trailers are (Ballard), a Class III rail carrier, filed a published on April 11, 2000 (65 FR capable of being altered to comply with petition under 49 U.S.C. 10502 for 19477–78). all standards to which they were not exemption from the provisions of 49 How to Read Comments submitted to originally manufactured to conform. U.S.C. 10902 to acquire the residual the Docket: You may read the comments The petitioner contends that the common carrier rights and obligations, received by Docket Management at the nonconforming 2011 Thule 3008BL boat including the right to reinstitute rail address and times given above. You may trailers are capable of being readily service, and the physical trackage assets also view the documents from the altered to meet the following standards, on a line of railroad currently owned by Internet at http://www.regulations.gov. in the manner indicated: the City of Kirkland (City) and the Port Follow the online instructions for Standard No. 108 Lamps, Reflective of Seattle (Port) in King County, Wash. accessing the dockets. The docket ID Devices and Associated Equipment: (the Line), and currently subject to number and title of this notice are Installation of conforming tail lamps, railbanking/interim trail use under the shown at the heading of this document license plate lamps, rear side marker National Trails System Act, 16 U.S.C. notice. Please note that even after the lamps, front and rear side marker lamps, 1247(d). Ballard also seeks the right to comment closing date, we will continue rear identification lamps, and rear provide common carrier rail service to file relevant information in the clearance lamps, as necessary to achieve over the Line, and requests that the Docket as it becomes available. Further, compliance with the standard. Board order the transfer of all the rail materials to Ballard at their net some people may submit late comments. Standard No. 119 New Pneumatic liquidation value. Ballard states that it Accordingly, we recommend that you Tires for Vehicles other than Passenger has no objection to shared use of the periodically search the Docket for new Cars: installation of tires meeting the right-of-way as both a rail line and a material. vehicle’s gross vehicle and gross axle trail. The Line consists of a portion of FOR FURTHER INFORMATION CONTACT: weight ratings (GVWR and GAWR) and the former BNSF Railway Company Coleman Sachs, Office of Vehicle Safety other requirements of the standard if the (BNSF) Woodinville Subdivision Compliance, NHTSA (202–366–3151). vehicle is not already so equipped. extending between milepost 23.8 at Standard No. 120 Tire Selection and SUPPLEMENTARY INFORMATION: Woodinville, Wash., and milepost 12.6 Rims for Motor Vehicles Other than at Bellevue, Wash.1 The petition for Background Passenger Cars: installation of a tire Under 49 U.S.C. 30141(a)(1)(B), a information placard and inspection and 1 This segment was the subject of an motor vehicle, including a trailer, that replacement of any nonconforming rims abandonment proceeding and NITU in BNSF was not originally manufactured to with ones conforming to the standard. Continued

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exemption was filed concurrently with DC 20036; and (4) all other parties of grading spoils over the next several a Ballard petition to partially vacate the record to this proceeding. years. Ballard estimates that CalPortland NITU issued in Docket No. AB 6 (Sub- FOR FURTHER INFORMATION CONTACT: and Wolford’s use of the Line would No. 465X) for the Woodinville Marc Lerner at 202–245–0390. translate to approximately 50,000 Subdivision (extending from milepost Assistance for the hearing impaired is carloads of freight.5 23.8 to milepost 11.25). That NITU available through the Federal By issuance of this notice, the Board permitted railbanking/interim trail use Information Relay Service (FIRS) at 1– is instituting an exemption proceeding negotiations under 16 U.S.C. 1247(d).2 800–877–8339. pursuant to 49 U.S.C. 10502(b). A final The Board seeks comments from SUPPLEMENTARY INFORMATION: On April decision will be issued by January 17, interested persons on Ballard’s request 2, 2013, Ballard filed a petition under 49 2014. to resume rail service and partially U.S.C. 10502 for exemption from the Decided: April 19, 2013. vacate the NITU. provisions of 49 U.S.C. 10902 to acquire By the Board, Rachel D. Campbell, DATES: Written comments must be filed the residual common carrier rights and Director, Office of Proceedings. with the Board by June 18, 2013. Replies obligations, including the right to Jeffrey Herzig, 3 reinstitute rail service, and the physical must be filed by July 18, 2013. Clearance Clerk. trackage assets of the Line, for a segment ADDRESSES: Comments may be of the former BNSF Woodinville [FR Doc. 2013–09760 Filed 4–24–13; 8:45 am] submitted either via the Board’s e-filing Subdivision. This segment is currently BILLING CODE 4915–01–P format or in the traditional paper subject to an interim trail use/ format. Any person using e-filing should railbanking agreement between BNSF attach a document and otherwise and King County, a political subdivision DEPARTMENT OF THE TREASURY comply with the instructions at the E- of the State of Washington. The Port FILING link on the Board’s Web site, at owns the real estate associated with the Submission for OMB Review; http://www.stb.dot.gov. Any person Line, which it acquired from BNSF; 4 Comment Request submitting a filing in the traditional the Port subsequently conveyed a April 22, 2013. paper format should send an original portion of the Line to the City. In King and 10 copies to: Surface Transportation The Department of the Treasury will County, Wash.—Acquisition submit the following information Board, Attn: Docket No. FD 35731, 395 Exemption—BNSF Railway Company, E Street SW., Washington, DC 20423– collection requests to the Office of FD 35148 (STB served Sept. 18, 2009), Management and Budget (OMB) for 0001. the Board granted a request by King In addition, send one copy of any review and clearance in accordance County for exemption from 49 U.S.C. with the Paperwork Reduction Act of comments to: (1) Myles L. Tobin, 10901 to acquire BNSF’s rights and Fletcher & Sippel LLC, 29 North Wacker 1995, Public Law 104–13, on or after the obligations, including the right to date of publication of this notice. Drive, Suite 920, Chicago, IL 60606– reinstate rail service in the future. 2832; (2) Craig Watson, Port of Seattle, Ballard’s petition presents this issue: DATES: Comments should be received on Pier 69, P.O. Box 1209, Seattle, WA under what circumstances will the or before May 28, 2013 to be assured of 98111; (3) Charles A. Spitulnik, Kaplan Board grant a carrier’s request to vacate consideration. Kirsch & Rockwell LLP, 1001 a NITU to permit reactivation of rail ADDRESSES: Send comments regarding Connecticut Avenue NW., Washington, service when the petitioning carrier the burden estimate, or any other aspect does not own or have any other interest of the information collection, including Railway Company—Abandonment Exemption—in in the right-of-way. An interim trail use suggestion for reducing the burden, to King County, Wash., AB 6 (Sub-No. 465X). arrangement is subject to being cut off (1) Office of Information and Regulatory 2 In a related matter, Ballard simultaneously filed at any time by the reinstitution of Affairs, Office of Management and a verified notice of exemption under 49 CFR Budget, Attention: Desk Officer for 1150.41 to lease from Eastside Community Rail, service. 16 U.S.C. 1247(d). Here, the LLC and to operate a 14.45-mile line of railroad abandoning railroad (BNSF) has Treasury, New Executive Office between mileposts 23.8 and 38.25 that is adjacent transferred its rights and obligations, Building, Room 10235, Washington, DC to the Line at issue here. Ballard Terminal Railroad including the right to reinstate rail 20503, or email at Company, L.L.C.—Lease Exemption—Line of [email protected] and Eastside Community Rail, LLC, FD 35730 (STB service, to King County (which is also served Apr. 18, 2013). the trail sponsor), and a different carrier, (2) Treasury PRA Clearance Officer, 3 On April 12, 2013, King County, the City, and Ballard, seeks to reinstitute service. 1750 Pennsylvania Ave. NW., Suite Central Puget Sound Regional Transit Authority Ballard submits letters from two 8140, Washington, DC 20220, or email (collectively, Movants) jointly filed a motion to shippers that support the reinstitution at [email protected]. extend the time to respond to Ballard’s petitions to partially vacate the NITU and for exemption, from of rail service over the Line. FOR FURTHER INFORMATION CONTACT: April 22, 2013, to June 21, 2013. On April 17, 2013, CalPortland, a building materials and Copies of the submission(s) may be Ballard filed a reply to the motion, objecting to the construction services provider, states obtained by calling (202) 927–5331, requested extension of time unless it is coupled that it desires to use the Line to receive with a condition that the City not remove the track email at [email protected], or the entire and other rail assets on the 5.75-mile portion of the hundreds of thousands of cubic yards Line the City owns, until such time as the Board per year of construction materials for 5 Ballard submits three additional letters rules on Ballard’s pending petitions. On April 18, upcoming road projects. Wolford generally in support of an upgraded Eastside Rail 2013, Movants filed a motion for leave to file a Trucking & Demolition, Inc. (Wolford), Corridor: an open letter from the Snohomish reply to Ballard’s reply. Regarding the motion to County Executive Director supporting multiple extend, pursuant to this notice and request for a demolition and trucking services purpose use of the Eastside Rail Corridor, including comments, the Board is initiating a proceeding and provider, states that it plans to use the freight service; a letter to the Kirkland City Council establishing a procedural schedule for comments. Line to ship an estimated three million from the Mayor of Woodinville requesting that the Movants’ motion to extend the time to respond will cubic yards of excavated materials, City delay the removal of the subject tracks until therefore be denied as moot. The matter of the the Eastside Rail Corridor Regional Advisory trackage removal is already pending in the U.S. building demolition waste, and roadway Council presents its recommendations in Summer District Court for the Western District of 2013; and a letter to Washington State Senator Washington on Ballard’s motion for temporary 4 The Port of Seattle—Acquisition Exemption— Rosemary McAuliffe from the Mayor of Snohomish restraining order, which is scheduled to be heard Certain Assets of BNSF Ry., FD 35128 (STB served reiterating a request for funding needed to upgrade on May 3, 2013. June 20, 2008). the Eastside Rail Corridor.

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