BNSF Railway Company-Abandonment Exemption-in Fergus County, MT, 74108-74109 [05-23959]

Download as PDF 74108 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices Based on the evidence submitted by GM, the agency believes that the antitheft device for the GM vehicle line is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the Theft Prevention Standard (49 CFR 541). The agency concludes that the device will provide four of the five types of performance listed in § 543.6(a)(3): Promoting activation; preventing defeat or circumvention of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. As required by 49 U.S.C. 33106 and 49 CFR part 543.6(a)(4) and (5), the agency finds that GM has provided adequate reasons for its belief that the antitheft device will reduce and deter theft. This conclusion is based on the information GM provided about its device. For the foregoing reasons, the agency hereby grants in full GM’s petition for exemption for the Pontiac G6 vehicle line from the parts-marking requirements of 49 CFR part 541. The agency notes that 49 CFR Part 541, Appendix A–1, identifies those lines that are exempted from the Theft Prevention Standard for a given model year. 49 CFR part 543.7(f) contains publication requirements incident to the disposition of all part 543 petitions. Advanced listing, including the release of future product nameplates, the beginning model year for which the petition is granted and a general description of the antitheft device is necessary in order to notify law enforcement agencies of new vehicle lines exempted from the parts marking requirements of the Theft Prevention Standard. If GM decides not to use the exemption for this line, it should formally notify the agency. If such a decision is made, the line must be fully marked according to the requirements under 49 CFR Parts 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA notes that if GM wishes in the future to modify the device on which this exemption is based, the company may have to submit a petition to modify the exemption. Part 543.7(d) states that a Part 543 exemption applies only to vehicles that belong to a line exempted under this part and equipped with the antitheft device on which the line’s exemption is based. Further, part 543.9(c)(2) provides for the submission of petitions ‘‘to modify an exemption to permit the use of an antitheft device VerDate Aug<31>2005 15:29 Dec 13, 2005 Jkt 208001 similar to but differing from the one specified in that exemption.’’ The agency wishes to minimize the administrative burden that Part 543.9(c)(2) could place on exempted vehicle manufacturers and itself. The agency did not intend in drafting Part 543 to require the submission of a modification petition for every change to the components or design of an antitheft device. The significance of many such changes could be de minimis. Therefore, NHTSA suggests that if the manufacturer contemplates making any changes, the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. Issued on: December 7, 2005. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E5–7286 Filed 12–13–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–6 (Sub–No. 434X)] BNSF Railway Company— Abandonment Exemption—in Fergus County, MT BNSF Railway Company (BNSF) has filed a notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon a line of railroad between milepost 9.50 near Moore, MT, and milepost 28.35 near Lewiston, MT, the 1.30-mile Berg Lumber Spur (milepost 0.00–milepost 1.30), and the Heath Spur (milepost 0.00–milepost 1.10), a total distance of 21.25 miles in Fergus County, MT. The line traverses United States Postal Service Zip Codes 59457 and 59464. BNSF has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) any overhead traffic on the line can be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication) and 49 CFR PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 1152.50 (d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on January 13, 2006, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 U.S.C. 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 3 must be filed by December 27, 2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 3, 2006, with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to BNSF’s representative: Michael Smith, 311 S. Wacker Dr., Suite 3000, Chicago, IL 60606–6677. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed an environmental and historic report which addresses the abandonment’s effects, if any, on the environment and historic resources. SEA will issue an environmental assessment (EA) by December 19, 2005. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25). 3 Each trail use request must be accompanied by the filing fee, which currently is set at $200. See 49 CFR 1002.2(f)(27). E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 70, No. 239 / Wednesday, December 14, 2005 / Notices after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by BNSF’s filing of a notice of consummation by December 14, 2006, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. On December 1, 2005, the Board of Commissioners of Fergus County, MT (Fergus County), filed an objection to the notice. Fergus County raises a number of concerns about the proposed abandonment, but provides no basis for the Board to reject the notice. However, should the County desire to seek a stay of the effectiveness of the exemption, it may do so, keeping in mind the deadline set forth in this notice. Also a petition to revoke the exemption under 49 U.S.C. 10502(d) after its effectiveness may be filed at any time. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: December 6, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–23959 Filed 12–13–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request December 8, 2005. The Department of 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 January 13, 2006 to be assured of consideration. VerDate Aug<31>2005 17:26 Dec 13, 2005 Jkt 208001 Internal Revenue Service (IRS) OMB Number: 1545–0143. Type of Review: Extension. Title: Heavy Highway Vehicle Use Tax Return. Form: IRS form 2290/SP/FR. Description: Form 2290 is used to compute and report the tax imposed by section 4481 on the highway use of certain motor vehicles. The information is used to determine whether the taxpayer has paid the correct amount of tax. Respondents: Business or other forprofit. Estimated Total Burden Hours: 22,521,400 hours. OMB Number: 1545–1686. Type of Review: Extension. Title: REG–103736–00 (Final) Requirement to Maintain List of Investors in Potentially Abusive Tax Shelters. Description: The regulations provide guidance on the requirement under section 6112 to maintain a list of investors in potentially abusive tax shelters. Respondents: Business or other forprofit, Individual or households. Estimated Total Burden Hours: 50,000 hours. OMB Number: 1545–1799. Type of Review: Extension. Title: Notice 2002–69, Interest Rates and Appropriate Foreign Loss Payment Patterns for Determining the Qualified Insurance Income of Certain Controlled Corporations under Section 954(i). Description: This notice provide guidance on how to determine the foreign loss payment patterns of a foreign insurance company owned by U.S. shareholder for purpose of determining the amount of investment income earned by the insurance company that is not treated as Subpart F income under section 954(i). Respondents: Business or other for profit. Estimated Total Burden Hours: 300 hours. OMB Number: 1545–1819. Type of Review: Extension. Title: REG–116641–01 (Final) Information Reporting and Backup Withholding for Payment Card Transactions. Description: The document contains final regulations relating to the information reporting requirements, information reporting penalties, and backup withholding requirements for payment card transactions. This document also contains final regulations relating to the IRS TIN Matching Program. Respondents: Business or other forprofit. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 74109 Estimated Total Burden Hours: 11,750,000 hours. Clearance Officer: Glenn P. Kirkland (202) 622–3428, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. OMB Reviewer: Alexander T. Hunt (202) 395–7316, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503. Michael A. Robinson, Treasury PRA Clearance Officer. [FR Doc. E5–7341 Filed 12–13–05; 8:45 am] BILLING CODE 4810–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request December 8, 2005. The Department of 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 January 13, 2006 to be assured of consideration. Financial Crimes Enforcement Network (FinCEN) OMB Number: 1506–0019. Type of Review: Revision. Title: Suspicious Activity Report by Securities and Futures Industries and 31 CFR 103 17(d) and 103.19(d). Form: FinCEN form 101. Description: Treasury is requiring certain securities broker-dealers, future commission merchants, and introducing brokers in commodities to file suspicious activity reports. Respondents: Business or other forprofit. Estimated Total Reporting Burden: 16,800 hours. Clearance Officer: Russell Stephenson (202) 354–6012, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. OMB Reviewer: Alexander T. Hunt (202) 395–7316, Office of Management and Budget, Room 10235, New E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Notices]
[Pages 74108-74109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23959]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-6 (Sub-No. 434X)]


BNSF Railway Company--Abandonment Exemption--in Fergus County, MT

    BNSF Railway Company (BNSF) has filed a notice of exemption under 
49 CFR part 1152 subpart F--Exempt Abandonments to abandon a line of 
railroad between milepost 9.50 near Moore, MT, and milepost 28.35 near 
Lewiston, MT, the 1.30-mile Berg Lumber Spur (milepost 0.00-milepost 
1.30), and the Heath Spur (milepost 0.00-milepost 1.10), a total 
distance of 21.25 miles in Fergus County, MT. The line traverses United 
States Postal Service Zip Codes 59457 and 59464.
    BNSF has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the line (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
line either is pending with the Surface Transportation Board or with 
any U.S. District Court or has been decided in favor of complainant 
within the 2-year period; and (4) the requirements at 49 CFR 1105.7 
(environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 
(transmittal letter), 49 CFR 1105.12 (newspaper publication) and 49 CFR 
1152.50 (d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this 
condition adequately protects affected employees, a petition for 
partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on January 13, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 U.S.C. 1152.27(c)(2),\2\ 
and trail use/rail banking requests under 49 CFR 1152.29 \3\ must be 
filed by December 27, 2005. Petitions to reopen or requests for public 
use conditions under 49 CFR 1152.28 must be filed by January 3, 2006, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
    \3\ Each trail use request must be accompanied by the filing 
fee, which currently is set at $200. See 49 CFR 1002.2(f)(27).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
BNSF's representative: Michael Smith, 311 S. Wacker Dr., Suite 3000, 
Chicago, IL 60606-6677.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BNSF has filed an environmental and historic report which addresses 
the abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by December 
19, 2005. Interested persons may obtain a copy of the EA by writing to 
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001) 
or by calling SEA, at (202) 565-1539. [Assistance for the hearing 
impaired is available through the Federal Information Relay Service 
(FIRS) at 1-800-877-8339.] Comments on environmental and historic 
preservation matters must be filed within 15 days

[[Page 74109]]

after the EA becomes available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by BNSF's filing of a notice of 
consummation by December 14, 2006, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    On December 1, 2005, the Board of Commissioners of Fergus County, 
MT (Fergus County), filed an objection to the notice. Fergus County 
raises a number of concerns about the proposed abandonment, but 
provides no basis for the Board to reject the notice. However, should 
the County desire to seek a stay of the effectiveness of the exemption, 
it may do so, keeping in mind the deadline set forth in this notice. 
Also a petition to revoke the exemption under 49 U.S.C. 10502(d) after 
its effectiveness may be filed at any time.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: December 6, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-23959 Filed 12-13-05; 8:45 am]
BILLING CODE 4915-01-P

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