, 11310-11311 [05-4437]
Download as PDF
<![CDATA[
11310
Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Notices
The Core
Lines were once part of the rail system
operated by the Chicago, Milwaukee, St.
Paul and Pacific Railroad Company (the
Milwaukee Road). The Milwaukee Road
entered bankruptcy in 1977, and, in
1980, it received, both from the
Interstate Commerce Commission (ICC)
and from the bankruptcy court, approval
to abandon the Core Lines. In March
1980, the Milwaukee Road terminated
its Core Lines operations, and thereafter,
for more than a year, shippers located
on the Core Lines had no rail service of
any kind. In 1981, the abandoned Core
Lines were acquired by the State, and,
since on or about July 6, 1981, BN/BNSF
has provided common carrier rail
service over the Core Lines pursuant to
various agreements (the most recent of
which is the 1986 Operating Agreement)
with the State,4 and pursuant to a
Modified Certificate of Public
Convenience and Necessity (the
modified certificate) issued by the ICC.
See 49 CFR Part 1150, Subpart C
(§ 1150.21 et seq.) (these are the
‘‘modified certificate’’ regulations that
apply to operations over abandoned rail
lines that have been acquired, through
purchase or lease, by a State).
A contractual dispute has arisen
respecting the scope of the rights
retained by or granted to the State and/
or BNSF under the 1986 Operating
Agreement. On June 29, 2004, BNSF
advised the State that it desired to
exercise its ‘‘purchase option’’ right
(said to be provided in the 1986
Operating Agreement) to acquire the
Core Lines. The State apparently
contends that the 1986 Operating
Agreement gives BNSF no right to
acquire the Core Lines and/or gives the
State a right to allow other railroads to
operate over the Core Lines. BNSF
apparently contends that the 1986
Operating Agreement gives BNSF a right
to acquire the Core Lines and gives the
State no right to allow other railroads to
operate over the Core Lines. The dispute
concerning the various rights asserted
by the State and BNSF is now the
subject of litigation in The Burlington
Northern and Santa Fe Railway
Company v. State of South Dakota, Civ.
No. 04–470 (S.D. 6th Circuit).
The contractual dispute between
BNSF and the State must be resolved by
the court; that dispute will not be
resolved by the Board. However, a
related matter—BNSF’s request that the
Board authorize BNSF to acquire and
operate the Core Lines—must be
SUPPLEMENTARY INFORMATION:
4 BNSF advises that, under the 1986 Operating
Agreement, it currently operates over the Core Lines
as a lessee (i.e., the 1986 Operating Agreement
provides for a lease of the Core Lines to BNSF).
VerDate jul<14>2003
19:54 Mar 07, 2005
Jkt 205001
resolved by the Board. But even if the
Board authorizes BNSF to acquire the
Core Lines, that authorization is only
permissive. If the South Dakota state
court decides that BNSF does not have,
under the 1986 Operating Agreement, a
right to acquire the Core Lines, then any
Board-granted authority cannot be
exercised.5
On December 23, 2004, BNSF filed, in
STB Finance Docket No. 34645, The
Burlington Northern and Santa Fe
Railway Company—Acquisition and
Operation Exemption—State of South
Dakota, a verified notice of exemption
under 49 CFR 1150.31 to acquire and
operate the Core Lines. By decision
served January 14, 2005,6 the Board
rejected BNSF’s § 1150.31 exemption
notice on the ground that the
transaction contemplated by BNSF (the
transfer of the Core Lines from modified
certificate’’ status to § 10901 ‘‘railroad
line’’ status) was not appropriate for
consideration under the § 1150.31 ‘‘class
exemption’’ procedure. The Board
explained that, whereas the § 1150.31
class exemption typically applies to
routine transactions that are not subject
to substantial controversy and
opposition, the transaction
contemplated by BNSF was neither
routine nor noncontroversial. Therefore,
the Board required BNSF to file either
a § 10502 exemption petition or a formal
§ 10901 application, in order to compile
a record that would allow the Board to
resolve the issues raised. The Board
specified that BNSF should file a
petition or an application as soon as
possible; that BNSF should include, in
this filing, its entire ‘‘case in chief’’; that
the State should submit its reply to this
filing no later than the 21st day after the
date on which the filing was made; that
the State should include, in this
submission, its entire case; and that
BNSF should submit its response to the
State’s reply no later than the 14th day
after the date on which the reply was
filed.
On February 18, 2005, BNSF filed, in
STB Finance Docket No. 34667, BNSF
Railway Company—Acquisition and
Operation—State of South Dakota, a
formal ‘‘10901 application. This
application seeks authority, under 49
U.S.C. 10901 and 49 CFR part 1150,
subpart A (§ 1150.1 et seq.), to acquire
has acknowledged this point. See BNSF’s
application at 4: ‘‘BNSF recognizes that it will need
to prevail in acquiring the Core Lines from the State
whether through voluntary conveyance by the State
or involuntary conveyance as may be ordered by the
state court before BNSF can acquire title to the
Lines.
6 The Burlington Northern and Santa Fe Railway
Company C Acquisition and Operation Exemption
C State of South Dakota, STB Finance Docket No.
34645 (STB served Jan. 14, 2005).
PO 00000
5 BNSF
Frm 00118
Fmt 4703
Sfmt 4703
and operate the Core Lines. The formal
application filed in STB Finance Docket
No. 34667 contemplates the same
transaction that was contemplated by
the class exemption notice previously
filed in STB Finance Docket No. 34645:
the transfer of the Core Lines from
‘‘modified certificate’’ status to § 10901
‘‘railroad line’’ status.
As indicated in the decision served
January 14, 2005, in STB Finance
Docket No. 34645, comments respecting
the BNSF application must be filed by
March 11, 2005 (the 21st day after the
date on which the application was
filed), and replies to such comments
must be filed by March 25, 2005 (the
14th day after March 11th).
The application filed by BNSF in STB
Finance Docket No. 34667 is available
for public inspection in the Docket File
Reading Room (Room 755) at the offices
of the Surface Transportation Board,
1925 K Street, NW., in Washington, DC.
The application is also available for
inspection at BNSF’s offices, at 2500
Lou Menk Drive, in Fort Worth, TX. The
application is also available for viewing
and downloading at the Board’s Web
site, at https://www.stb.dot.gov. In
addition, copies of the application may
be obtained from BNSF’s representatives
(Adrian L. Steel, Jr., and Sarah W.
Bailiff) at the addresses indicated above.
Board decisions and notices are
available on the Board’s Web site at
https://www.stb.dot.gov.
This decision will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
Decided: March 2, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–4417 Filed 3–7–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
March 2, 2005.
The Department of the Treasury has
submitted the following public
information collection requirement(s) to
OMB for review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Copies of the
submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Notices
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
DATES: Written comments should be
received on or before April 7, 2005 to
be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–0854.
Project Regulation Number: LR–1214.
Type of Review: Extension.
Title: Discharge of Liens.
Description: The Internal Revenue
Service needs this information to
determine if the tax payer has equity in
the property. This information will be
used to determine the amount, if any, to
which the tax lien attaches.
Respondents: Individuals or
Households, Business or other for-profit,
Farms.
Estimated Number of Respondents:
500.
Estimated Burden Hours Respondent:
24 minutes.
Frequency of response: On occasion.
Estimated Total Reporting Burden:
200 hours.
Clearance Officer: R. Joseph Durbala
(202) 622–3634, Internal Revenue
Service, Room 6516, 1111 Constitution
Avenue, NW., Washington, DC 20224.
OMB Reviewer: Joseph F. Lackey, Jr.
(202) 395–7316, Office of Management
and Budget, Room 10235, New
Executive Office Building, Washington,
DC 20503.
Christopher Davis,
Treasury PRA Assistant.
[FR Doc. 05–4437 Filed 3–7–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
February 28, 2005.
The Department of the Treasury has
submitted the following public
information collection requirement(s) to
OMB for review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Copies of the
submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, 1750
VerDate jul<14>2003
19:54 Mar 07, 2005
Jkt 205001
Pennsylvania Avenue, NW.,
Washington, DC 20220.
DATES: Written comments should be
received on or before April 7, 2005 to
be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–1483.
Form Number: IRS Form W–7.
Type of Review: Revision.
Title: Application for IRS Individual
Taxpayer Identification Number.
Description: Regulations under IRC
section 6109 provide for a type of
taxpayer identifying number called the
‘‘IRS individual taxpayer identification
number’’ (ITIN). Individuals who
currently do not have, and are not
eligible to obtain, social security
numbers can apply for this number on
Form W–7. Taxpayers may use this
number when required to furnish a
taxpayer identifying number under
regulations. An ITIN is intended for tax
use only.
Respondents: Individuals or
Households.
Estimated Number of Respondents:
500,000.
Estimated Burden Hours Respondent:
1 hour 26 minutes.
Frequency of response: Other
Individuals file once to get ITIN.
Estimated Total Reporting Burden:
715,000 hours.
OMB Number: 1545–1548.
Form Number: Rev. Proc. 2003–45.
Type of Review: Revision.
Title: Revenue Procedure 2003–45
Late Election Relief for S Corporation;
Revenue Procedure 2004–48, Deemed
Corporate Election for Late Electing S
Corporations.
Description: The IRS will use the
information provided by taxpayers
under this revenue procedure to
determine whether relief should be
granted for the relevant late election.
Respondents: Business or other forprofit.
Estimated Number of Respondents:
50,000.
Estimated Burden Hours Respondent:
1 hour.
Frequency of response: On Occasion.
Estimated Total Reporting Burden:
50,000 hours.
OMB Number: 1545–1632.
Form Number: REG–118662–98 Final.
Type of Review: Extension.
Title: REG–118662–98 (Final) New
Technologies in Retirement Plans.
Description: These regulations
provide that certain notices and
consents required in connection with
distributions from retirement plans may
be transmitted through electronic
media. The regulations also modify the
timing requirements for provision of
certain distribution-related notices.
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
11311
Respondents: Individuals or
Households, Business or Other forprofit, Not-for-profit institutions, and
State, Local or Tribal Government.
Estimated Number of Respondents:
375,000.
Estimated Burden Hours Respondent:
1 hour.
Frequency of response: On Occasion.
Estimated Total Reporting Burden:
477,563 hours.
Clearance Officer: R. Joseph Durbala
(202) 622–3634. Internal Revenue
Service, Room 6516, 1111 Constitution
Avenue, NW., Washington, DC 20224.
OMB Reviewer: Joseph F. Lackey, Jr.
(202) 395–7316, Office of Management
and Budget, Room 10235, New
Executive Office Building, Washington,
DC 20503.
Christopher Davis,
Treasury PRA Assistant.
[FR Doc. 05–4438 Filed 3–7–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 8889
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
8889, Health Savings Accounts (HSAs).
DATES: Written comments should be
received on or before May 9, 2005 to be
assured of consideration.
ADDRESSES: Direct all written comments
to Glenn P. Kirkland, Internal Revenue
Service, room 6516, 1111 Constitution
Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the forms and instructions
should be directed to R. Joseph Durbala,
at (202) 622–3634, or at Internal
Revenue Service, room 6516, 1111
Constitution Avenue NW., Washington,
DC 20224, or through the Internet, at
RJoseph.Durbala@irs.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Notices]
[Pages 11310-11311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4437]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Submission for OMB Review; Comment Request
March 2, 2005.
The Department of the Treasury has submitted the following public
information collection requirement(s) to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of
the submission(s) may be obtained by calling the Treasury Bureau
Clearance Officer listed. Comments regarding this information
collection should be
[[Page 11311]]
addressed to the OMB reviewer listed and to the Treasury Department
Clearance Officer, Department of the Treasury, Room 11000, 1750
Pennsylvania Avenue, NW., Washington, DC 20220.
DATES: Written comments should be received on or before April 7, 2005
to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545-0854.
Project Regulation Number: LR-1214.
Type of Review: Extension.
Title: Discharge of Liens.
Description: The Internal Revenue Service needs this information to
determine if the tax payer has equity in the property. This information
will be used to determine the amount, if any, to which the tax lien
attaches.
Respondents: Individuals or Households, Business or other for-
profit, Farms.
Estimated Number of Respondents: 500.
Estimated Burden Hours Respondent: 24 minutes.
Frequency of response: On occasion.
Estimated Total Reporting Burden: 200 hours.
Clearance Officer: R. Joseph Durbala (202) 622-3634, Internal
Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington,
DC 20224.
OMB Reviewer: Joseph F. Lackey, Jr. (202) 395-7316, Office of
Management and Budget, Room 10235, New Executive Office Building,
Washington, DC 20503.
Christopher Davis,
Treasury PRA Assistant.
[FR Doc. 05-4437 Filed 3-7-05; 8:45 am]
BILLING CODE 4830-01-P
