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1784 Federal Register / Vol. 71, No.

7 / Wednesday, January 11, 2006 / Notices

The agency wishes to minimize the Ballard’s telephone number is (202) granted full exemption from the parts-
administrative burden that part 366–0846. Her fax number is (202) 493– marking requirements.
543.9(c)(2) could place on exempted 2290. Based on the evidence submitted by
vehicle manufacturers and itself. The SUPPLEMENTARY INFORMATION: In a Nissan, the agency believes that the
agency did not intend part 543 to petition dated July 19, 2005, Nissan antitheft device for the Quest vehicle
require the submission of a modification requested exemption from the parts- line is likely to be as effective in
petition for every change to the marking requirements of the theft reducing and deterring motor vehicle
components or design of an antitheft prevention standard (49 CFR part 541) theft as compliance with the parts-
device. The significance of many such for the Nissan Quest vehicle line marking requirements of the Theft
changes could be de minimis. Therefore, beginning with MY 2006. The petition Prevention Standard (49 CFR part 541).
NHTSA suggests that if the requested exemption from parts- The agency concludes that the device
manufacturer contemplates making any will provide the five types of
marking pursuant to 49 CFR part 543,
changes the effects of which might be performance listed in § 543.6(a)(3):
Exemption from Vehicle Theft
characterized as de minimis, it should promoting activation; attracting
Prevention Standard, based on the
consult the agency before preparing and attention to the efforts of unauthorized
installation of an antitheft device as
submitting a petition to modify. persons to enter or operate a vehicle by
standard equipment for an entire
means other than a key; preventing
Authority: 49 U.S.C. 33106; delegation of vehicle line.
defeat or circumvention of the device by
authority at 49 CFR 1.50. Under § 543.5(a), a manufacturer may
unauthorized persons; preventing
Issued on: January 4, 2006. petition NHTSA to grant exemptions for
operation of the vehicle by
one line of its vehicle lines per year. In
Stephen R. Kratzke, unauthorized entrants; and ensuring the
its petition, Nissan provided a detailed reliability and durability of the device.
Associate Administrator for Rulemaking.
description and diagram of the identity, As required by 49 U.S.C. 33106 and
[FR Doc. E6–146 Filed 1–10–06; 8:45 am] design, and location of the components
BILLING CODE 4910–59–P
49 CFR 543.6 (a)(4) and (5), the agency
of the antitheft device for the new finds that Nissan has provided adequate
vehicle line. Nissan will install its reasons for its belief that the antitheft
antitheft device as standard equipment device will reduce and deter theft. This
DEPARTMENT OF TRANSPORTATION
beginning with MY 2006. Nissan’s conclusion is based on the information
National Highway Traffic Safety submission is considered a complete Nissan provided about its device, much
Administration petition as required by 49 CFR 543.7, in of which is confidential. This
that it meets the general requirements confidential information included a
Petition for Exemption From the contained in § 543.5 and the specific description of reliability and functional
Vehicle Theft Prevention Standard; content requirements of § 543.6. tests conducted by Nissan for the
Nissan In addressing the specific content antitheft device and its components.
requirements of 543.6, Nissan provided For the foregoing reasons, the agency
AGENCY: National Highway Traffic information on the reliability and hereby grants in full Nissan’s petition
Safety Administration (NHTSA), durability of its proposed device. To for exemption for the Quest vehicle line
Department of Transportation (DOT). ensure reliability and durability of the from the parts-marking requirements of
ACTION: Grant of petition for exemption. device, Nissan conducted tests based on 49 CFR part 541. The agency notes that
its own specified standards. Nissan also 49 CFR part 541, Appendix A–1,
SUMMARY: This document grants in full
provided a detailed list of the tests identifies those lines that are exempted
the petition of Nissan North America, conducted and believes that the device from the Theft Prevention Standard for
Inc., (Nissan) in accordance with is reliable and durable since the device a given model year. 49 CFR 543.7(f)
§ 543.9(c)(2) of 49 CFR Part 543, complied with its specified contains publication requirements
Exemption from the Theft Prevention requirements for each test. incident to the disposition of all part
Standard, for the Quest vehicle line. Nissan also compared the device 543 petitions. Advanced listing,
This petition is granted because the proposed for its vehicle line with other including the release of future product
agency has determined that the antitheft devices which NHTSA has determined nameplates, is necessary in order to
device to be placed on the line as to be as effective in reducing and notify law enforcement agencies of new
standard equipment is likely to be as deterring motor vehicle theft as would vehicle lines exempted from the parts
effective in reducing and deterring compliance with the parts-marking marking requirements of the Theft
motor vehicle theft as compliance with requirements. Nissan stated that its Prevention Standard. Therefore,
the parts-marking requirements of the proposed device is functionally although Nissan has been granted
Theft Prevention Standard. Nissan equivalent to the systems used in confidential treatment for most aspects
requested confidential treatment for the previous vehicle lines which were of its petition, the agency notes that the
information and attachments it deemed effective and granted information that may be published in
submitted in support of its petition. In exemptions from the parts-marking the Federal Register includes the make
a letter dated August 4, 2005, the agency requirements of the theft prevention and model of the vehicle, the model
granted the petitioner’s request for standard. Additionally, theft data have year for which the exemption is granted
confidential treatment of most aspects of indicated a decline in theft rates for and a general description of the
its petition. vehicle lines that have been equipped proposed antitheft device, with a
DATES: The exemption granted by this with antitheft devices similar to that mention of such elements as key
notice is effective beginning with model which Nissan proposes to install on the activation, starter motor interrupt, and
year (MY) 2006. new line. the general location of the sensors
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FOR FURTHER INFORMATION CONTACT: Ms. On the basis of this comparison, triggering the alarm.
Carlita Ballard, Office of International Nissan has concluded that the antitheft If Nissan decides not to use the
Policy, Fuel Economy and Consumer device proposed for its vehicle line is no exemption for the Quest vehicle line, it
Programs, NHTSA, 400 Seventh Street, less effective than those devices in the must formally notify the agency, and,
SW., Washington, DC 20590. Ms. lines for which NHTSA has already thereafter, the line must be fully marked

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Federal Register / Vol. 71, No. 7 / Wednesday, January 11, 2006 / Notices 1785

as required by 49 CFR 541.5 and 541.6 DEPARTMENT OF TRANSPORTATION Board decisions and notices are
(marking of major component parts and available on our Web site at http://
replacement parts). Surface Transportation Board www.stb.dot.gov.
NHTSA notes that if Nissan wishes in Decided: January 4, 2006.
the future to modify the device on [STB Finance Docket No. 34803] By the Board, David M. Konschnik,
which this exemption is based, the Director, Office of Proceedings.
The Town of Corinth, NY—Acquisition Vernon A. Williams,
company may have to submit a petition and Operation Exemption—Canadian
to modify the exemption. Section Secretary.
Pacific Railway
543.7(d) states that a Part 543 exemption [FR Doc. 06–190 Filed 1–10–06; 8:45 am]
applies only to vehicles that belong to The Town of Corinth, NY (Town), a BILLING CODE 4915–01–P
a line exempted under this part and noncarrier, has filed a verified notice of
equipped with the anti-theft device on exemption under 49 CFR 1150.31 to
which the line’s exemption is based. acquire from Delaware and Hudson DEPARTMENT OF TRANSPORTATION
Further, § 543.9(c)(2) provides for the Railway Company, Inc., doing business
as Canadian Pacific Railway (CPR), Surface Transportation Board
submission of petitions ‘‘to modify an
exemption to permit the use of an certain assets of an approximately [STB Finance Docket No. 34798]
antitheft device similar to but differing 16.45-mile rail line between Adirondack
Branch milepost 39.44 at or near City of Alameda—Acquisition
from the one specified in that Exemption—Alameda Beltline Railroad
exemption.’’ Saratoga Springs, NY, and Adirondack
Branch milepost 55.89 at or near The City of Alameda (the City), a
The agency wishes to minimize the Corinth, NY. In addition, the Town will noncarrier, has filed a verified notice of
administrative burden that § 543.9(c)(2) acquire from CPR approximately .69 exemption under 49 CFR 1150.31 to
could place on exempted vehicle miles of incidental trackage rights, acquire the line of railroad owned by
manufacturers and itself. The agency extending from milepost 37.10 to the Alameda Beltline Railroad (ABL).
did not intend part 543 to require the milepost 38.20 in Saratoga Springs, NY. The earliest the transaction could
submission of a modification petition At the time of filing of the verified have been consummated was December
for every change to the components or notice, the Town and CPR were in the 16, 2005 (7 days after filing the notice),
design of an antitheft device. The process of finalizing one or more but, as noted below, the effectiveness of
significance of many such changes agreements whereby the Town will the exemption has been stayed pending
could be de minimis. Therefore, NHTSA acquire the right-of-way, track and other further order of the Board.
suggests that if the manufacturer rail assets associated with the line, The City certifies that its projected
contemplates making any changes the subject to CPR’s reservation of an revenues as a result of this transaction
effects of which might be characterized exclusive and permanent freight will not result in the creation of a Class
as de minimis, it should consult the easement. The Town states that it will II or Class I rail carrier.
agency before preparing and submitting have neither the right nor the obligation If the verified notice contains false or
a petition to modify. to perform common carrier freight misleading information, the exemption
service over the line, but instead intends is void ab initio. Petitions to revoke the
We note that Nissan requested to provide intrastate scenic tour exemption under 49 U.S.C. 10502(d)
confidential treatment for the passenger operations.1 may be filed at any time. The filing of
information and attachments it The Town certifies that its projected a petition to revoke will not
submitted in support of its petition. revenues as a result of this transaction automatically stay the transaction.
While the agency granted the will not exceed those that would qualify On December 15, 2005, ABL filed a
petitioner’s request for confidential it as a Class III rail carrier. petition to stay the effectiveness of the
treatment of most aspects of its petition, The transaction was expected to be exemption sought by the City through
we have released the model year for consummated on or after December 31, the filing of its notice under section
which the exemption is granted. This 2005. 1150.31. On December 15, 2005, the
information is necessary for the law If the notice contains false or Board granted a housekeeping stay of
enforcement efforts to combat motor misleading information, the exemption the effective date of the exemption in
vehicle theft. That is, law enforcement is void ab initio. Petitions to revoke the this proceeding to allow time for the
officials need to know whether a given exemption under 49 U.S.C. 10502(d) parties to provide additional
may be filed at any time. The filing of information, and for the Board to
motor vehicle line was subject or
a petition to revoke will not consider the issues presented in the stay
exempted from the parts-marking
automatically stay the transaction. request. The exemption is stayed until
requirements for a given model year. further order of the Board, and each
An original and 10 copies of all
Authority: 49 U.S.C. 33106; delegation of
pleadings, referring to STB Finance party has been given until January 17,
authority at 49 CFR 1.50. 2006, to file additional pleadings.
Docket No. 34803, must be filed with
Issued on: January 4, 2006. An original and 10 copies of all
the Surface Transportation Board, 1925
pleadings, referring to STB Finance
Stephen R. Kratzke, K Street, NW., Washington, DC 20423–
Docket No. 34798, must be filed with
Associate Administrator for Rulemaking. 0001. In addition, one copy of each
the Surface Transportation Board, 1925
[FR Doc. E6–145 Filed 1–10–06; 8:45 am] pleading must be served on Rose-
K Street, NW., Washington, DC 20423–
Michele Nardi, Weiner Brodsky Sidman
BILLING CODE 4910–59–P 0001. In addition, a copy of each
Kider PC, 1300 19th Street, NW., Fifth
pleading must be served on: (1) Charles
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Floor, Washington, DC 20036–1609.


A. Montange, 426 NW., 162nd Street,
1 For these reasons, the Town has simultaneously
Seattle, WA 98177; and (2) Sidney L.
filed a motion to dismiss the notice of exemption
Strickland, Jr., Sidney Strickland and
in this proceeding. The Board will address the Associates, PLLC, 3050 K Street, NW.,
motion in a separate decision. Suite 101, Washington, DC 20007.

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