Soo Line Railroad Company D/B/A Canadian Pacific Railway-Temporary Trackage Rights Exemption-BNSF Railway Company, 33938-33939 [05-11497]

Download as PDF 33938 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Notices Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Public Participation: The DMS is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help guidelines under the ‘‘help’’ section of the DMS Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. Exemption Decision Under 49 U.S.C. 31315 and 31136(e), the FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. This notice addresses 31 individuals who have requested renewal of their exemptions in a timely manner. The FMCSA has evaluated these 31 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Gary A. Barrett Donald L. Jensen James H. Oppliger Ivan L. Beal Daryl A. Jester Richard S. Rehbein Johnny A. Beutler Robert L. Joiner, Jr. Bernard E. Roche Daniel R. Brewer James P. Jones David E. Sanders Lynn A. Childress Loras G. Knebel David B. Speller Brett L. Condon Larry J. Lang Lynn D. Veach VerDate jul<14>2003 17:22 Jun 09, 2005 Jkt 205001 Mark W. Coulson Dennis D. Lesperance Dale R. Wheeler Thomas W. Craig John W. Locke Charles M. Wilkins Myron D. Dixon Herman G. Lovell Michael C. Wines Terry W. Dooley Ronald L. Maynard Alfred C. Jenkins William A. Moore, Jr. These exemptions are extended subject to the following conditions: (1) That each individual have a physical exam every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by the FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31315 and 31136(e). Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31315 and 31136(e), each of the 31 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 35772; 65 FR 20245; 65 FR 57230; 67 FR 57266; 65 FR 45817; 65 FR 77066; 67 FR 71610; 66 FR 17743; 66 FR 33990; 67 FR 76439; 68 FR 10298; 68 FR 19598; 68 FR 33570). Each of these 31 applicants has requested timely renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the standard specified at 49 CFR PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption standards. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, the FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Comments The FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31315 and 31136(e). However, the FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by July 11, 2005. In the past the FMCSA has received comments from Advocates for Highway and Auto Safety (Advocates) expressing continued opposition to the FMCSA’s procedures for renewing exemptions from the vision requirement in 49 CFR 391.41(b)(10). Specifically, Advocates objects to the agency’s extension of the exemptions without any opportunity for public comment prior to the decision to renew, and reliance on a summary statement of evidence to make its decision to extend the exemption of each driver. The issues raised by Advocates were addressed at length in 69 FR 51346 (August 18, 2004). The FMCSA continues to find its exemption process appropriate to the statutory and regulatory requirements. Issued on: June 3, 2005. Pamela M. Pelcovits, Office Director, Policy, Plan, and Regulation. [FR Doc. 05–11491 Filed 6–9–05; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34705] Soo Line Railroad Company D/B/A Canadian Pacific Railway—Temporary Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company (BNSF) has agreed to grant temporary overhead E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Notices trackage rights to Soo Line Railroad Company d/b/a Canadian Pacific Railway (CPR) over BNSF’s rail line between Ardoch, ND, and Erskine, MN, as follows: (1) From Ardoch at BNSF milepost 24.5 to Grand Forks, ND, at BNSF milepost 0.0, (2) from Grand Forks at BNSF milepost 109.9 to Crookston Junction, MN, at BNSF milepost 80.9, and (3) from Crookston Junction at BNSF milepost 0.0 to Erskine at BNSF milepost 31.5, a total distance of approximately 84.6 miles.1 The transaction was scheduled to be consummated on June 1, 2005, and the temporary trackage rights will expire on or about July 31, 2005. The purpose of the temporary trackage rights is to permit CPR to bridge its train service while the main lines of its affiliated shortline railroad are out of service due to certain programmed track, roadbed and structural maintenance. As a condition to this exemption, any employees affected by the acquisition of the temporary trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.— Lease and Operate, 360 I.C.C. 653 (1980), and any employees affected by the discontinuance of those trackage rights will be protected by the conditions set out in Oregon Short Line R. Co.—Abandonment—Goshen, 360 I.C.C. 91 (1979). This notice is filed under 49 CFR 1180.2(d)(8). If it 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. 34705, 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 Thanh G. Bui, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: June 6, 2005. 1 By amendment filed on June 2, 2005, CPR acknowledges that a .4-mile difference exists between the total mileage and the aggregate of the distances between the mileposts, but attributes that difference to inexact measurements between the mileposts. VerDate jul<14>2003 17:22 Jun 09, 2005 Jkt 205001 By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–11497 Filed 6–9–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Departmental Offices; Proposed Collection; Comment Request Notice and request for comments. ACTION: 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 Departmental Offices within the Department of the Treasury is soliciting comments concerning the collection of Race and National Origin Identification information from job applicants. DATES: Written comments should be received on or before July 11, 2005, to be assured of consideration. ADDRESSES: Direct all written comments to Department of Treasury, Departmental Offices, Tracy Orrison, 1750 Pennsylvania Ave. NW., Suite 13446, Washington, DC 20006. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form(s) and instructions should be directed to Department of the Treasury, Departmental Offices, Tracy Orrison, 1750 Pennsylvania Ave, NW., Suite 13446, Washington, DC or via the Internet at Tracy.Orrison@do.treas.gov. SUPPLEMENTARY INFORMATION: Title: Race and National Origin Identification. OMB Number: 1505–0195. Abstract: This form will be used to collect applicant race and national origin information electronically. The data will be used to help Treasury Bureaus identify barriers to selection and determine the demographics of the applicant pool overall. Current Actions: There are no changes being made to the form at this time. Type of Review: Extension. Affected Public: Individuals or households. Estimated Number of Respondents: 160,000. Estimated Time Per Respondent: 5 minutes. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 33939 Estimated Total Annual Burden Hours: 8,000 hours. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates to capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: June 7, 2005. Carolyn Collins, Director, Systems Development Division, HR Connect Program Office, Office of the Chief Information Officer, Department of the Treasury. [FR Doc. 05–11520 Filed 6–9–05; 8:45 am] BILLING CODE 4811–16–M DEPARTMENT OF THE TREASURY Bureau of the Public Debt Privacy Act of 1974, as Amended; Systems of Records Bureau of the Public Debt, Treasury. ACTION: Notice of systems of records. AGENCY: SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Bureau of the Public Debt, Treasury, is publishing its Privacy Act systems of records. SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and the Office of Management and Budget (OMB) Circular No. A–130, the Bureau of the Public Debt has completed a review of its Privacy Act systems of records notices to identify minor changes that will more accurately describe these records. The changes throughout the document are minor in nature and consist principally of changes to system locations and system manager addresses. A new location ‘‘Avery Street Building, 320 Avery Street, Parkersburg, WV’’ is added to several of the systems E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Notices]
[Pages 33938-33939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11497]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34705]


Soo Line Railroad Company D/B/A Canadian Pacific Railway--
Temporary Trackage Rights Exemption--BNSF Railway Company

    BNSF Railway Company (BNSF) has agreed to grant temporary overhead

[[Page 33939]]

trackage rights to Soo Line Railroad Company d/b/a Canadian Pacific 
Railway (CPR) over BNSF's rail line between Ardoch, ND, and Erskine, 
MN, as follows: (1) From Ardoch at BNSF milepost 24.5 to Grand Forks, 
ND, at BNSF milepost 0.0, (2) from Grand Forks at BNSF milepost 109.9 
to Crookston Junction, MN, at BNSF milepost 80.9, and (3) from 
Crookston Junction at BNSF milepost 0.0 to Erskine at BNSF milepost 
31.5, a total distance of approximately 84.6 miles.\1\
    The transaction was scheduled to be consummated on June 1, 2005, 
and the temporary trackage rights will expire on or about July 31, 
2005. The purpose of the temporary trackage rights is to permit CPR to 
bridge its train service while the main lines of its affiliated 
shortline railroad are out of service due to certain programmed track, 
roadbed and structural maintenance.
---------------------------------------------------------------------------

    \1\ By amendment filed on June 2, 2005, CPR acknowledges that a 
.4-mile difference exists between the total mileage and the 
aggregate of the distances between the mileposts, but attributes 
that difference to inexact measurements between the mileposts.
---------------------------------------------------------------------------

    As a condition to this exemption, any employees affected by the 
acquisition of the temporary trackage rights will be protected by the 
conditions imposed in Norfolk and Western Ry. Co.--Trackage Rights--BN, 
354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.--Lease 
and Operate, 360 I.C.C. 653 (1980), and any employees affected by the 
discontinuance of those trackage rights will be protected by the 
conditions set out in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    This notice is filed under 49 CFR 1180.2(d)(8). If it 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. 34705, 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 Thanh G. Bui, 150 South Fifth 
Street, Suite 2300, Minneapolis, MN 55402.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: June 6, 2005.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-11497 Filed 6-9-05; 8:45 am]
BILLING CODE 4915-01-P