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Federal Register / Vol. 71, No.

12 / Thursday, January 19, 2006 / Notices 3153

www.regulations.gov. Follow the online removable only by use of a screwdriver or Theft protection of vehicles is
instructions for submitting comments. other tool. addressed under S4.2 of the standard.
The petition, supporting materials, (b) Notwithstanding S4.2.1, each vehicle Section 4.2(b) can be met by preventing
specified therein may have a device which,
and all comments received before the ‘‘either steering or forward self-mobility
when activated, permits moving the
close of business on the closing date transmission shift lever from ‘‘park’’ after the of the vehicle or both.’’ Therefore, an
indicated below will be filed and will be removal of the key. The device shall either equivalent level of theft protection is
considered. All comments and be operable: provided by preventing either steering
supporting materials received after the (1) By the key, as defined in S3; or or forward self-mobility.
closing date will also be filed and will (2) By another means, provided that NHTSA amended FMVSS No. 114 in
be considered to the extent possible. steering is prevented when the key is 1990 to require that vehicles with an
When the petition is granted or denied, removed from the ignition, and provided that automatic transmission and a ‘‘park’’
the means for activating the device is covered
notice of the decision will be published by a non-transparent surface which, when position be shifted to ‘‘park’’ or become
in the Federal Register pursuant to the installed, prevents sight of and activation of locked in park before the key can be
authority indicated below. the device. The covering surface shall be removed to reduce incidents of vehicle
Comment closing date: February 21, removable only by use of a screwdriver or rollaway. S4.2.2(a) was added in 1991 to
2006. other tool. permit key removal when an electrical
(Authority: 49 U.S.C. 30118, 30120: The subject vehicles are equipped failure occurred and the transmission
delegations of authority at CFR 1.50 and with an override device but the steering could not be manually shifted into park,
501.8.) wheel may not lock under some provided that steering was prevented for
Issued on: January 12, 2006. circumstances when the key is removed. theft protection. The forward self-
Daniel C. Smith, Nissan believes that the mobility feature does not prevent
Associate Administrator for Enforcement. noncompliance is inconsequential to vehicle rollaway by itself. However, the
[FR Doc. E6–522 Filed 1–18–06; 8:45 am] motor vehicle safety and that no parking brake used in combination with
corrective action is warranted. Nissan the forward self-mobility feature will
BILLING CODE 4910–59–P
states that the vehicles are equipped prevent rollaway.
with an engine control module In addition, as Nissan states in its
DEPARTMENT OF TRANSPORTATION immobilizer system which prevents petition, NHTSA recently granted
forward movement of the vehicle if the inconsequential noncompliance
National Highway Traffic Safety key is not present. petitions for similar noncompliances by
Administration Nissan points out that NHTSA Bentley (69 FR 67211, 11/16/04),
recently granted inconsequential Volkswagen (69 FR 67211, 11/16/04),
[Docket No. NHTSA 2005–22969; Notice 2] and Porsche (70 FR 32398, 6/2/05).
noncompliance petitions for similar
Nissan North America, Inc., Grant of noncompliances by Bentley, In consideration of the foregoing,
Petition for Decision of Volkswagen, and Porsche. Nissan also NHTSA has decided that the petitioner
Inconsequential Noncompliance points out that NHTSA recently has met its burden of persuasion that
published a Notice of Proposed the noncompliance described is
Nissan North America, Inc. (Nissan) Rulemaking (70 FR 48362, 8/17/05), and inconsequential to motor vehicle safety.
has determined that certain vehicles that under this proposal, the system in Accordingly, Nissan’s petition is
that it produced in 2005 do not comply the subject Maximas would be allowed. granted and the petitioner is exempted
with S4.2.2 of 49 CFR 571.114, Federal Nissan further states, from the obligation of providing
Motor Vehicle Safety Standard (FMVSS) The requirement that the steering be locked notification of, and a remedy for, the
No. 114, ‘‘Theft protection.’’ Pursuant to when the ignition key is removed through noncompliance.
49 U.S.C. 30118(d) and 30120(h), Nissan use of an ‘‘override device’’ was added to Authority: 49 U.S.C. 30118, 30120;
has petitioned for a determination that S4.2.2 ‘‘to ensure that Standard No. 114’s delegations of authority at CFR 1.50 and
this noncompliance is inconsequential theft protection aspects are not jeopardized.’’ 501.8.
to motor vehicle safety and has filed an See 57 FR 2039, 2040 (January 17, 1992). In
the Maxima vehicles at issue here, when the Issued on: January 12, 2006.
appropriate report pursuant to 49 CFR key is removed through use of the ‘‘override Daniel C. Smith,
part 573, ‘‘Defect and Noncompliance device,’’ which will occur rarely if at all, the
Reports.’’ Notice of receipt of a petition Associate Administrator for Enforcement.
immobilizer will prevent the vehicle from
was published, with a 30-day comment being jump-started without the electronically [FR Doc. E6–524 Filed 1–18–06; 8:45 am]
period, on November 18, 2005, in the coded ignition key, because the key-code is BILLING CODE 4910–59–P
Federal Register (70 FR 70026). NHTSA recorded in the engine control module and
received no comments. cannot be electrically bypassed.
Affected are a total of approximately NHTSA agrees with Nissan that the DEPARTMENT OF TRANSPORTATION
3400 Nissan Maximas produced noncompliance is inconsequential to Surface Transportation Board
between March 29, 2005 and May 26, safety. The agency issued an
2005. S4.2.2 of FMVSS No. 114 requires interpretation letter to an unnamed [STB Docket No. AB–600 (Sub-No. 1X)]
that, person on September 24, 2004, which
stated in pertinent part as follows: Yakima Interurban Lines Association—
(a) Notwithstanding S4.2.1, provided that
Abandonment Exemption—in Yakima
steering is prevented upon the key’s removal, The engine control module immobilizer
each vehicle specified therein may permit County, WA
described in your letter satisfies the
key removal when electrical failure of this requirements of S4.2(b) because it locks out Yakima Interurban Lines Association
system (including battery discharge) occurs the engine control module if an attempt is (YILA) has filed a notice of exemption
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or may have a device which, when activated, made to start the vehicle without the correct
permits key removal. The means for
under 49 CFR 1152 Subpart F—Exempt
key or to bypass the electronic ignition
activating any such device shall be covered system. When the engine control module is Abandonments to abandon a line of
by a non-transparent surface which, when locked, the vehicle is not capable of forward railroad known as the Naches Branch,
installed, prevents sight of and activation of self-mobility because it is incapable of from milepost 2.97 (near Yakima) to
the device. The covering surface shall be moving forward under its own power. milepost 14.26 (near Naches), a distance

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3154 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Notices

of approximately 11.29 miles in Yakima Board, 1925 K Street, NW., Washington, (44 U.S.C. 3501–3521), this notice
County, WA. The line traverses United DC 20423–0001. announces that the Veterans Health
States Postal Service Zip Codes 98902, A copy of any petition filed with the Administration (VHA), Department of
98904, 98908, and 98937.1 Board should be sent to applicant’s Veterans Affairs, has submitted the
YILA has certified that: (1) No local representative: Charles H. Montange, collection of information abstracted
traffic has moved over the line for at 426 NW. 162nd St., Seattle, WA 98177. below to the Office of Management and
If the verified notice contains false or Budget (OMB) for review and comment.
least 2 years; (2) there is no overhead
misleading information, the exemption The PRA submission describes the
traffic on the line; (3) no formal
is void ab initio. nature of the information collection and
complaint filed by a user of rail service YILA has filed an environmental its expected cost and burden; it includes
on the line (or by a state or local report which addresses the effects, if the actual data collection instrument.
government entity acting on behalf of any, of the abandonment on the
such user) regarding cessation of service DATES: Comments must be submitted on
environment and historic resources. or before February 21, 2006.
over the line either is pending with the SEA will issue an environmental
Surface Transportation Board (Board) or For Further Information or a Copy of
assessment (EA) by January 24, 2006. the Submission Contact: Denise
with any U.S. District Court or has been Interested persons may obtain a copy of McLamb, Records Management Service
decided in favor of complainant within the EA by writing to SEA (Room 500, (005E3), Department of Veterans Affairs,
the 2-year period; and (4) the Surface Transportation Board, 810 Vermont Avenue, NW.,
requirements of 49 CFR 1105.7 Washington, DC 20423) or by calling Washington, DC 20420, (202) 565–8374,
(environmental report), 49 CFR 1105.8 SEA, at (202) 565–1539. [Assistance for FAX (202) 565–6590 or e-mail:
(historic report), 49 CFR 1105.11 the hearing impaired is available denise.mclamb@mail.va.gov. Please
(transmittal letter), 49 CFR 1105.12 through the Federal Information Relay refer to ‘‘OMB Control No. 2900–0610.’’
(newspaper publication), and 49 CFR Service (FIRS) at 1–800–877–8339.] Send comments and
1152.50(d)(1) (notice to governmental Comments on environmental and recommendations concerning any
agencies) have been met. historic preservation matters must be aspect of the information collection to
As a condition to the exemption, any filed within 15 days after the EA VA’s OMB Desk Officer, OMB Human
employee adversely affected by the becomes available to the public. Resources and Housing Branch, New
abandonment shall be protected under Environmental, historic preservation, Executive Office Building, Room 10235,
Oregon Short Line R. Co.— public use, or trail use/rail banking Washington, DC 20503 (202) 395–7316.
Abandonment—Goshen, 360 I.C.C. 91 conditions will be imposed, where Please refer to ‘‘OMB Control No. 2900–
(1979). To address whether this appropriate, in a subsequent decision. 0610’’ in any correspondence.
condition adequately protects affected Pursuant to the provisions of 49 CFR
SUPPLEMENTARY INFORMATION:
employees, a petition for partial 1152.29(e)(2), YILA shall file a notice of
Title: Ecclesiastical Endorsing
revocation under 49 U.S.C. 10502(d) consummation with the Board to signify
Organization, Request to Designate
must be filed. that it has exercised the authority
Ecclesiastical Endorsing Official, VA
granted and fully abandoned the line. If
Provided no formal expression of Form 10–0379.
consummation has not been effected by
intent to file an offer of financial OMB Control Number: 2900–0610.
YILA’s filing of a notice of Type of Review: Extension of a
assistance (OFA) has been received, the consummation by January 19, 2007, and
exemption will be effective on February currently approved collection.
there are no legal or regulatory barriers Abstract: The information collected
18, 2006, unless stayed pending to consummation, the authority to
reconsideration. Petitions to stay that do on VA Form 10–0379 is used to assure
abandon will automatically expire. that individuals employed by VA as
not involve environmental issues,2 Board decisions and notices are
formal expressions of intent to file an chaplains are qualified to provide for
available on our Web site at http://
OFA under 49 CFR 1152.27(c)(2),3 and the constitutional rights of veterans to
www.stb.dot.gov.
trail use/rail banking requests under 49 free exercise of religion. Applicants are
Decided: January 12, 2006. required to submit an official statement
CFR 1152.29 must be filed by January
By the Board, David M. Konschnik, (‘‘ecclesiastical endorsement’’) from
30, 2006. Petitions to reopen or requests Director, Office of Proceedings. their religion or faith group, certifying
for public use conditions under 49 CFR
Vernon A. Williams, that they are in good standing with the
1152.28 must be filed by February 8,
Secretary. faith group and is qualified to perform
2006, with: Surface Transportation
[FR Doc. E6–500 Filed 1–18–06; 8:45 am] the full range of ministry required in VA
1 YILA seeks exemption from 49 U.S.C. 10904 BILLING CODE 4915–01–P setting. VA uses this information to
(offer of financial assistance procedures). Also
determine (1) who the faith group
included with the verified notice of exemption is designates as its endorsing official(s); (2)
a request on behalf of Yakima County for issuance
DEPARTMENT OF VETERANS whether the faith group provides
of a notice of interim trail use pursuant to section ministry to a lay constituency; and (3)
8(d) of the National Trails System Act, 16 U.S.C. AFFAIRS
1247(d). The Board will address these requests in
what is the constituency to which
[OMB Control No. 2900–0610] person endorsed by this group may
a subsequent decision.
2 The Board will grant a stay if an informed minister.
decision on environmental issues (whether raised Agency Information Collection An agency may not conduct or
by a party or by the Board’s Section of Activities Under OMB Review sponsor, and a person is not required to
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the AGENCY: Veterans Health respond to a collection of information
Administration, Department of Veterans unless it displays a currently valid OMB
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exemption’s effective date. See Exemption of Out-


of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Affairs. control number. The Federal Register
request for a stay should be filed as soon as possible Notice with a 60-day comment period
so that the Board may take appropriate action before ACTION: Notice.
the exemption’s effective date. soliciting comments on this collection
3 Each OFA must be accompanied by a $1,200 SUMMARY: In compliance with the of information was published on
filing fee. See 49 CFR 1002.2(f)(25). Paperwork Reduction Act (PRA) of 1995 October 5, 2005, at page 58256.

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