Hainesport Industrial Railroad, LLC-Acquisition and Operation Exemption-Hainesport Industrial Park Railroad Association, Inc., 28598-28599 [05-9738]

Download as PDF 28598 Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices produced during the period of February 4, 2003, through July 9, 2003, with high intensity discharge headlamp assemblies made by Ichikoh Industries, Ltd (Ichikoh). The affected headlamps are equipped with a ballast that is currently registered in Docket No. NHTSA–98–3397. However, Ichikoh used ballast units without all of the label information required in FMVSS No. 108, S7.7 (e) in assembling the complete headlamp assemblies. There were no comments on this notice from the public. Subaru stated the following three reasons as justification for applying for a decision of inconsequentiality for the noncomplying ballast marking: (1) The ballast (part no.: NZMIC111LAC1000) and ignition module (part no.: NZMIC211LAC1000) used in these headlamp assemblies are the same ones as registered by Matsushita Electric Works, Ltd. according to Part 564, except that they are missing the information label. For this reason, Subaru believes that this noncompliance will not affect the luminous intensity distribution, mechanical performance or any other headlamp performance characteristic required by FMVSS No. 108. (2) The ballast is designed to have high durability during the vehicle’s lifetime, and Subaru believes that the ballast, as well as the headlamp assembly, will not need to be replaced from a lack of durability. (3) A properly affixed ballast information label, which is on the bottom surface of the ballast, is not visible unless the headlamp assembly is removed from the vehicle. NHTSA has reviewed the facts of this application for a decision of inconsequential noncompliance. In this instance, it appears that the ballasts are missing the following required markings: S7.7 (e)(2) ballast part number; S7.7 (e)(3) part number of the light source for which he ballast is designed; S7.7 (e)(4) rated laboratory life; S7.7 (e)(6) ballast output power and; S7.7 (e)(7) the symbol ‘‘DOT’’. While these markings are important for assuring proper application and replacement, especially when ballasts are separately installed parts on a motor vehicle, the fact that the subject ballasts are part of the headlamp assembly when delivered to the customer minimizes the risk of incorrect initial application. While it may not minimize the risk of incorrect replacement if the pertinent information is missing, auto parts supply companies generally offer parts by vehicle make and model as well as by OEM part number. As such the risk of incorrect selection is insignificant. VerDate jul<14>2003 14:03 May 17, 2005 Jkt 205001 In consideration of these issues, the agency agrees with Subaru that the noncompliance will not have an impact on the vehicle on which the ballast was originally installed. We believe the ballast will remain with the headlamp unless it is faulty, and then it would likely be replaced with the correct, and correctly marked ballast. Another issue related to whether inconsequentiality exists, is if an unmarked ballast is removed from a subject vehicle, possibly by a recycler, and inappropriately installed on a different make and model vehicle. Based on the information provided by Subaru, the omission of the ballast marking information is only a portion of the information required by our FMVSS No. 108. Required markings that were provided on the ballast included the ballast manufacturer’s name, required by S7.7 (e)(1), and a severe electrical shock warning, required by S7.7 (e)(5). Supplemental markings included are a bar code label and associated number. Given that normal replacement ballasts are marked, the only way an unmarked ballast will end up on a vehicle other than the one on which it was delivered, is if the vehicle is in such a crash that the headlamp did not survive, but the attached ballast did. That would make it available as a part at an auto-recycling yard. Because it would have been associated with the 2004 Subaru Impreza STi and have some manufacturer markings, it is likely that it would be sold as a replacement for that particular make and model vehicle. While it could also be sold as a generic ballast, it is intended to fit and operate a standardized light source type, specifically D2R or either D2S. This should not create lighting performance problems. Further, the existing severe shock-warning label will provide the required risk notification to the installer of potential injury or death. In consideration of the foregoing, NHTSA has decided that the applicant has met the burden of persuasion. The noncompliance with specific portions of FMVSS No. 108, S7.7 (e), regarding the marking of headlamp ballasts is inconsequential to motor vehicle safety. Accordingly, Subaru’s application is granted and the company is exempted from providing the notification of the noncompliance that would be required by 49 U.S.C. 30118, and from remedying the noncompliance, as would be required by 49 U.S.C. 30120. Authority: 49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 and 501.8. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 Issued on: May 12, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 05–9919 Filed 5–17–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Release of Waybill Data The Surface Transportation Board has received a request from Harris Ellsworth & Levin on behalf of Trinity Industries, Inc. (WB605–5/5/2005) for permission to use certain data from the Board’s 2003 Carload Waybill Sample. A copy of the requests may be obtained from the Office of Economics, Environmental Analysis, and Administration. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics, Environmental Analysis, and Administration within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Mac Frampton, (202) 565– 1541. Vernon A. Williams, Secretary. [FR Doc. 05–9773 Filed 5–17–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34695] Hainesport Industrial Railroad, LLC— Acquisition and Operation Exemption—Hainesport Industrial Park Railroad Association, Inc. Hainesport Industrial Railroad, LLC (HIR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire and operate approximately 1 mile of rail line owned by Hainesport Industrial Park Railroad Association, Inc. in Burlington County, NJ. The line is located within the Hainesport Industrial Park in the township of Hainesport, and connects with Consolidated Rail Corporation at milepost 12.6 in the South Jersey Conrail Shared Assets Area. HIR certifies that its projected revenues will not exceed those that would quality it as a Class III rail carrier, and that its annual revenues will not exceed $5 million. E:\FR\FM\18MYN1.SGM 18MYN1 Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices The transaction was expected to be consummated on or after April 28, 2005. If the 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34695, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Linda J. Morgan, 1201 Pennsylvania Avenue, NW., Washington, DC 20004. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: May 10, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–9738 Filed 5–17–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34686] Indiana & Ohio Railway Company— Merger Exemption—Indiana & Ohio Central Railroad, Inc. Indiana & Ohio Railway Company (IORY), a Class III rail carrier that operates over approximately 498.23 miles of rail line in Michigan, Ohio, and Indiana, and Indiana & Ohio Central Railroad, Inc. (IOCR), a Class III rail carrier that operates over approximately 261.6 miles of rail line in Ohio, both of which are subsidiaries of RailAmerica, Inc., have filed a verified notice of exemption with respect to a proposed corporate restructuring, through which IOCR will merge into IORY, with IORY as the surviving entity. After the merger, IORY will remain a Class III rail carrier. The transaction, which was scheduled to be consummated on or shortly after May 1, 2005, is intended to generate greater efficiencies through such actions as a reduction of IORY/IOCR’s overhead expenses and their car accounting costs. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1180.2(d)(3). IORY and IOCR state that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the VerDate jul<14>2003 14:03 May 17, 2005 Jkt 205001 competitive balance with carriers outside the corporate family. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under sections 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because both of the carriers involved in this transaction are Class III rail carriers. 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 transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34686, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on Louis E. Gitomer, Of Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: May 9, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–9739 Filed 5–17–05; 8:45 am] BILLING CODE 4915–01–P 28599 Financial Management Service (FMS) OMB Number: 1510–0052. Form Numbers: FMS 458 and FMS 459. Type of Review: Extension. Title: Financial Institution Agreement and Application Forms for Designation as a Treasury Tax and Loan Depositary. Description: Financial institutions are required to complete an agreement and application to participate in the Federal Tax Deposit/Treasury and Loan Program. The approved application designates the depositary as an authorized recipient of taxpayers’ deposits for Federal taxes. Respondents: Business or other forprofit. Estimated Number of Respondents: 450. Estimated Burden Hours per Respondent: 30 minutes. Frequency of Response: Other (once for duration of the authorization). Estimated Total Reporting Burden: 225 hours. Clearance Officer: Jiovannah L. Diggs, Financial Management Service, Administrative Programs Division, Records and Information Management Program, 3700 East West Highway, Room 144, Hyattsville, MD 20782, (202) 874–7662. OMB Reviewer: Alexander T. Hunt, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503, (202) 395–7316. Lois K. Holland, Treasury PRA Clearance Officer. [FR Doc. 05–9889 Filed 5–17–05; 8:45 am] BILLING CODE 4810–35–P DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request Submission for OMB Review; Comment Request May 11, 2005. May 11, 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 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before June 17, 2005 to be assured of consideration. 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 Pennsylvania Avenue, NW., Washington, DC 20220. DATES: Written comments should be received on or before June 17, 2005, to be assured of consideration. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Pages 28598-28599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9738]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34695]


Hainesport Industrial Railroad, LLC--Acquisition and Operation 
Exemption--Hainesport Industrial Park Railroad Association, Inc.

    Hainesport Industrial Railroad, LLC (HIR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate approximately 1 mile of rail line owned by Hainesport 
Industrial Park Railroad Association, Inc. in Burlington County, NJ. 
The line is located within the Hainesport Industrial Park in the 
township of Hainesport, and connects with Consolidated Rail Corporation 
at milepost 12.6 in the South Jersey Conrail Shared Assets Area.
    HIR certifies that its projected revenues will not exceed those 
that would quality it as a Class III rail carrier, and that its annual 
revenues will not exceed $5 million.

[[Page 28599]]

    The transaction was expected to be consummated on or after April 
28, 2005.
    If the 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34695, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Linda J. Morgan, 1201 
Pennsylvania Avenue, NW., Washington, DC 20004.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: May 10, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-9738 Filed 5-17-05; 8:45 am]
BILLING CODE 4915-01-P