Rules and Regulations. Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel CAROLINA GALE
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/register/2007/05/21/07-2519A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2007-28176] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel CAROLINA GALE. SUMMARY: As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances.
A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2007-28176 at *http://dms.dot.gov* . Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.- flag vessels. If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084;
April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD's regulations at 46 CFR part 388.
DATES: Submit comments on or before June 20, 2007. ADDRESSES: Comments should refer to docket number MARAD-2007-28176. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL-401, Department of Transportation, 400 7th St., SW., Washington, DC 20590-0001. You may also send comments electronically via the Internet at *http://dmses.dot.gov/submit/* . All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays.
An electronic version of this document and all documents entered into this docket is available on the World Wide Web at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., #W21-203, Washington, DC 20590. Telephone 202-366-5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel CAROLINA GALE is: *Intended Use* : “sailboat charters and instruction.” *Geographic Region* :
“Coast of North Carolina, South Carolina, Georgia, and Florida.” 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 DOT'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* .
Dated: May 10, 2007. By order of the Maritime Administrator. Daron T. Threet, Secretary, Maritime Administration. [FR Doc. E7-9660 Filed 5-18-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2007-28167] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel RAFFLES.
SUMMARY: As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2007-28167 at *http://dms.dot.gov.* Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels.
If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD's regulations at 46 CFR Part 388.
DATES: Submit comments on or before June 20, 2007. ADDRESSES: Comments should refer to docket number MARAD-2007-28167. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL-401, Department of Transportation, 400 7th St., SW., Washington, DC 20590-0001. You may also send comments electronically via the Internet at *http://dmses.dot.gov/submit/.* All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays.
An electronic version of this document and all documents entered into this docket is available on the World Wide Web at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, MAR-830 Room 7201, 400 Seventh Street, SW., Washington, DC 20590. Telephone 202-366-5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel RAFFLES is: *Intended Use:* “Harbor cruise in Channel Islands Harbor, two-six passengers.” *Geographic Region:* “Oxnard, California, Channel Islands Harbor.
” 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 DOT'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.* Dated: May 9, 2007. By order of the Maritime Administrator.
Daron T. Threet, Secretary, Maritime Administration. [FR Doc. E7-9657 Filed 5-18-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2007-28175] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel SOUND CHOICE. SUMMARY: As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances.
A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2007-28175 at *http://dms.dot.gov* . Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084;
April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD's regulations at 46 CFR Part 388.
DATES: Submit comments on or before June 20, 2007. ADDRESSES: Comments should refer to docket number MARAD-2007-28175. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL-401, Department of Transportation, 400 7th St., SW., Washington, DC 20590-0001. You may also send comments electronically via the Internet at *http://dmses.dot.gov/submit/* . All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays.
An electronic version of this document and all documents entered into this docket is available on the World Wide Web at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., #W21-203, Washington, DC 20590. Telephone 202-366-5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SOUND CHOICE is: *Intended Use* : “Passenger/sportfishing for personal use only (will be Alaska resident owned and operated).” *Geographic Region* :
“Prince William Sound (Alaska)” 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 DOT'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* . Dated:
May 10, 2007. By order of the Maritime Administrator. Daron T. Threet, Secretary, Maritime Administration. [FR Doc. E7-9661 Filed 5-18-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; MAZDA AGENCY: National Highway Traffic Safety Administration, Department of Transportation (DOT). ACTION: Grant of petition for exemption. SUMMARY:
This document grants in full the petition of Mazda Motor Corporation, (Mazda) for an exemption in accordance with § 543.9(c)(2) of 49 CFR Part 543, *Exemption from the Theft Prevention Standard,* for the Mazda 5 vehicle line beginning with model year
(MY)2009. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment 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. DATES: The exemption granted by this notice is effective beginning with model year
(MY)2009. FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Vehicle, Fuel Economy and Consumer Standards, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Ballard's phone number is
(202)366-0846. Her fax number is
(202)493-2290. SUPPLEMENTARY INFORMATION: In a petition dated March 8, 2007, Mazda Motor Corporation (Mazda), requested an exemption from the parts-marking requirements of the theft prevention standard (49 CFR part 541) for the Mazda 5 vehicle line beginning with MY 2009. The petition requested an exemption from parts-marking pursuant to 49 CFR 543, *Exemption from Vehicle Theft Prevention Standard,* based on the installation of an antitheft device as standard equipment for the entire vehicle line. Under § 543.5(a), a manufacturer may petition NHTSA to grant exemptions for one line of its vehicle lines per year. Mazda has petitioned the agency to grant an exemption for its Mazda 5 vehicle line beginning with MY 2009. In its petition, Mazda provided a detailed description and diagram of the identity, design, and location of the components of the antitheft device for the new vehicle line. Mazda will install its passive antitheft device as standard equipment on its 5 vehicle line. Mazda's submission is considered a complete petition as required by 49 CFR 543.7, in that it meets the general requirements contained in § 543.5 and the specific content requirements of § 543.6. Mazda's antitheft device is activated when the driver/operator turns off the engine using a properly coded ignition key. When the ignition key is turned to the “ON” position, the transponder (located in the head of the key) transmits a code to an immobilizer control module which then communicates with the powertrain's electronic control module. The vehicle's engine can only be started if the transponder code matches the code previously programmed into the module. If the code does not match, the engine will be disabled. Mazda stated that communications between the immobilizer system control function and the powertrain's electronic control module are encrypted with 18 trillion different codes, and each transponder is hard coded with a unique code at the time of manufacture. Mazda also stated that its immobilizer system incorporates a light-emitting diode
(LED)that provides information as to when the system is “set and “unset”. When the ignition is initially turned to the “ON” position, a three-second continuous LED indicates the proper “unset” state of the device. When the ignition is turned to “OFF”, a flashing LED indicates the “set” state of the system and provides a visual confirmation that the vehicle is protected by the immobilizer system. The integration of the setting/unsetting device (transponder) into the ignition key prevents any inadvertent activation of the system. In addressing the specific content requirements of 543.6, Mazda provided information on the reliability and durability of its proposed device. To ensure reliability and durability of the device, Mazda conducted tests based on its own specified standards. Mazda also provided a detailed list of the tests conducted and believes that the device is reliable and durable since the device complied with its specified requirements for each test. The components of the immobilizer device are tested in climatic, mechanical and chemical environments, and, immunity to various electromagnetic radiation. Mazda stated that for reliability/durability purposes, its key and key cylinders must also meet unique strength tests against attempts of mechanical overriding. The tests conducted were for thermal shock, high temperature exposure, low-temperature exposure, thermal cycle, humidity temperature cycling, functional, random vibration, dust, water, connector and lead/lock strength, chemical resistance, electromagnetic field, power line variations, DC stresses, electrostatic discharge, transceiver/key strength and transceiver mounting strength. Mazda also stated that its device is reliable and durable because it does not have any moving parts, nor does it require a separate battery in the key. Therefore, Mazda believes that any attempt to slam-pull the ignition lock cylinder will have no effect on a thief's ability to start the vehicle, and if the correct code is not transmitted to the electronic control module there is no way to mechanically override the system and start the vehicle. Furthermore, Mazda stated that drive-away thefts are virtually eliminated with the sophisticated design and operation of the electronic-engine immobilizer system which makes conventional theft methods ( *i.e.* , hot-wiring or attacking the ignition-lock cylinder) ineffective. Additionally, Mazda reported that in MY 1996, the proposed system was installed on certain U.S. Ford vehicles as standard equipment ( *i.e.* on all Ford Mustang GT and Cobra models, Ford Taurus LX, SHO and Sable LS models). In MY 1997, the immobilizer system was installed on the Ford Mustang vehicle line as standard equipment. When comparing 1995 model year Mustang vehicle thefts (without immobilizer), with MY 1997 Mustang vehicle thefts (with immobilizer), data from the National Insurance Crime Bureau showed a 70% reduction in theft. (Actual NCIC reported thefts were 500 for MY 1995 Mustang, and 149 thefts for MY 1997 Mustang.) Mazda also provided additional data from the July 2000 Insurance Institute for Highway Safety
(IIHS)news release to support its belief in the reliability of its device. The IIHS news release showed an average theft reduction of about fifty percent for vehicles equipped with immobilizer systems. Mazda's proposed device, as well as other comparable devices that have received full exemptions from the parts-marking requirements, lack an audible or visible alarm. Therefore, these devices cannot perform one of the functions listed in 49 CFR part 543.6(a)(3), that is, to call attention to unauthorized attempts to enter or move the vehicle. However, theft data have indicated a decline in theft rates for vehicle lines that have been equipped with devices similar to that which Mazda proposes. In these instances, the agency has concluded that the lack of a visual or audio alarm has not prevented these antitheft devices from being effective protection against theft. Based on the evidence submitted by Mazda, the agency believes that the antitheft device for the Mazda 5 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 Mazda has provided adequate reasons for its belief that the antitheft device will reduce and deter theft. This conclusion is based on the information Mazda provided about its device. For the foregoing reasons, the agency hereby grants in full Mazda's petition for exemption for its 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 Mazda 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 Mazda 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 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: May 15, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7-9666 Filed 5-18-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Notice and Request for Comments AGENCY: Surface Transportation Board. ACTION: Notice of intent to seek approval of existing collection: Waybill Sample SUMMARY: As required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 *et seq.* (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek from the Office of Management and Budget
(OMB)an approval for the currently existing collection of Waybill Sample data. This information collection is described in detail below. Comments are requested concerning:
(1)The accuracy of the Board's burden estimates;
(2)ways to enhance the quality, utility, and clarity of the information collected;
(3)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and
(4)whether this collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility. Submitted comments will be summarized and included in the Board's request for OMB approval. Description of Collection *Title:* Waybill Sample. *OMB Control Number:* 2140-00. *STB Form Number:* None. *Type of Review:* Approval of existing collection. *Respondents* : Any regulated railroad that terminated at least 4,500 carloads on its line in any of the three preceding years or that terminated at least 5% of the total revenue carloads that terminated in a particular state. *Number of Respondents:* 64. *Estimated Time Per Response:* 75 minutes. *Frequency:* Five
(5)respondents report Monthly; 59 report quarterly. *Total Burden Hours (annually including all respondents):* 370 hours. *Total “Non-hour Burden” Cost* : No “non-hour cost” burdens associated with this collection have been identified. *Needs and Uses* : The Surface Transportation Board is, by statute, responsible for the economic regulation of common carrier rail transportation in the United States. Under 49 CFR part 1244, a railroad is required to file carload waybill sample information (Waybill Sample) for all line-haul revenue waybills terminating on its lines if, in any of the three preceding years, it terminated 4500 or more carloads, or it terminated at least 5% of the total revenue carloads that terminate in a particular state. The information in the Waybill Sample is used by the Board, other Federal and state agencies, and industry stakeholders to monitor traffic flows and rate trends in the industry, and to develop testimony in Board proceedings. The Board has authority to collect this information under 49 U.S.C. 11144 and 11145. DATES: Comments on this information collection should be submitted by July 20, 2007. ADDRESSES: Direct all comments to Marilyn Levitt, Surface Transportation Board, Suite 1260, 395 E Street, SW., Washington, DC 20423-0001, or to *levittm@stb.dot.gov* . When submitting comments, please refer to “Paperwork Reduction Comments: Waybill Sample.” For Further Information Or To Obtain A Copy Of Pertinent Regulations Contact: Mac Frampton at
(202)245-0317 or at *hugh.frampton@stb.dot.gov.* [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] These regulations are codified at 49 CFR parts 1244.1-1244.9 and are also available on the web through *http://www.gpoaccess.gov/cfr/index.html* . SUPPLEMENTARY INFORMATION: Under the PRA, a Federal agency conducting or sponsoring a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under section 3506(c)(2)(A) of the PRA, Federal agencies are required to provide public notice and a 60-day comment period, prior to seeking OMB approval for an information collection. Dated: May 21, 2007. Vernon A. Williams, Secretary. [FR Doc. E7-9689 Filed 5-18-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Ex Parte No. 558 (Sub-No. 10)] Railroad Cost of Capital—2006 AGENCY: Surface Transportation Board. ACTION: Notice of decision. SUMMARY: The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2006. The decision solicits comments on:
(1)The railroads' 2006 current cost of debt capital;
(2)the railroads' 2006 current cost of preferred stock equity capital (if any);
(3)the railroads' 2006 cost of common stock equity capital; and
(4)the 2006 capital structure mix of the railroad industry on a market value basis. DATES: Notices of intent to participate are due no later than May 29, 2007. Statements of the railroads are due by June 25, 2007. Statements of other interested persons are due by July 25, 2007. Rebuttal statements by the railroads are due by August 9, 2007. ADDRESSES: Railroads and others that intend to participate in this proceeding shall file an original and one copy of a notice of intent to participate with the Secretary by the date specified below. Evidentiary statements are to be filed with the Board on or before the dates set forth above. Comments may be submitted either via the Board's e-filing format or in the traditional paper format. Any person using e-filing should comply with the instructions at the E-FILING link on the Board's Web site, at *http://www.stb.dot.gov* . Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: STB Ex Parte No. 558 (Sub-No. 10), 395 E Street, SW., Washington, DC 20423-0001. In addition, the evidence contained in the statement shall be submitted on a 3.5-inch disk in MS Word 2003 or its equivalent. FOR FURTHER INFORMATION CONTACT: Scott Decker,
(202)245-0330. (Federal Information Relay Service
(FIRS)for the hearing impaired: 1
(800)877-8339.) SUPPLEMENTARY INFORMATION: The Board's decision is posted on the Board's website, *www.stb.dot.gov* . In addition, copies of the decision may be purchased from ASAP Document Solutions by calling 202-306-4004 (assistance for the hearing impaired is available through FIRS at 1-800-877-8339), or by e-mail at *asapdc@verizon.net* . We preliminarily conclude that the proposed action will not significantly affect either the quality of the human environment or the conservation of energy resources. Authority: 49 U.S.C. 10704(a). Decided: May 14, 2007. By the Board, Chairman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey. Vernon A. Williams, Secretary. [FR Doc. E7-9690 Filed 5-18-07; 8:45 am] BILLING CODE 4915-00-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-31 (Sub-No. 41X)] Grand Trunk Western Railroad Incorporated—Abandonment Exemption—in Oakland County, MI Grand Trunk Western Railroad Incorporated
(GTW)has filed a notice of exemption under 49 CFR 1152 Subpart F— *Exempt Abandonments* to abandon a 0.7-mile portion of its line of railroad known as the Cass City Subdivision from milepost 7.06 to milepost 6.36 in Orion Township, in Oakland County, MI. 1 The line traverses United States Postal Service Zip Code 48359. 1 Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a verified notice with the Surface Transportation Board (Board) at least 50 days before the abandonment or discontinuance is to be consummated. GTW initially indicated in its notice of exemption a proposed consummation date of June 11, 2007, but because the verified notice was filed on May 1, 2007, consummation may not take place prior to June 20, 2007. GTW has been informed by a Board staff member that consummation may not take place until June 20, 2007. GTW has certified that:
(1)No local traffic has moved over the line for at least 2 years;
(2)there is no overhead traffic to be rerouted;
(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 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 reports), 49 CFR 1105.8 (historic reports), 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 June 20, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, 2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 3 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by May 31, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 11, 2007, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. 2 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. 3 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). A copy of any petition filed with the Board should be sent to GTW's representative: Thomas J. Healey, 17641 S. Ashland Avenue, Homewood, IL 60430-1345. If the verified notice contains false or misleading information, the exemption is void *ab initio.* GTW has filed a combined environmental report and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment
(EA)by May 25, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at
(202)245-0305. [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 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), GTW 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 GTW's filing of a notice of consummation by May 21, 2008, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at “ *WWW.STB.DOT.GOV.* ” Decided: May 11, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-9584 Filed 5-18-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-1009X] Mission Mountain Railroad, Inc.—Discontinuance of Service Exemption—in Flathead County, MT Mission Mountain Railroad, Inc.
(MMT)1 has filed a verified notice of exemption under 49 CFR 1152 Subpart F— *Exempt Abandonments and Discontinuances of Service* to discontinue service over a 0.42-mile line of railroad between Engineering Station 189+36 and Engineering Station 167+00, in Flathead County, MT. 2 The line traverses United States Postal Service Zip Code 59901. 1 MMT was authorized to lease and operate the line in *Mission Mountain Railroad, Inc.—Acquisition Exemption—The Burlington Northern and Santa Fe Railway Company,* STB Finance Docket No. 34634 (STB served Jan. 19, 2005). 2 BNSF Railway Company was authorized to abandon the above-described line in *BNSF Railway Company—Abandonment Exemption—in Flathead County, MT,* STB Docket No. AB-6 (Sub-No. 444X) (STB served Sept. 28, 2006). MMT has certified that:
(1)No local traffic has moved over the line for at least 2 years;
(2)there is no overhead traffic on the line to be rerouted;
(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 1105.12 (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 discontinuance of service 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 June 20, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA for continued rail service under 49 CFR 1152.27(c)(2), 3 must be filed by May 31, 2007. 4 Petitions to reopen must be filed by June 11, 2007, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. 3 Each OFA must be accompanied by the filing fee,which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). 4 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historical documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), respectively. A copy of any petition filed with the Board should be sent to MMT's representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. If the verified notice contains false or misleading information, the exemption is void *ab initio.* Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: May 11, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-9563 Filed 5-18-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-383 (Sub-No. 5X)] Wisconsin & Southern Railroad Co.—Abandonment Exemption—in Milwaukee County, WI On April 19, 2007, as supplemented on May 7, 2007, the Wisconsin & Southern Railroad Co.
(WSOR)filed with the Board a petition under 49 U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903 to abandon an approximately 2.41-mile line of railroad, extending from milepost 94.35, east of N. 24th Street, to milepost 96.76, west of N. Richards Street, known as the Nut Line, in the cities of Milwaukee and Glendale, in Milwaukee County, WI. 1 The line traverses United States Postal Service Zip Codes 53209 and 53212, and includes no stations. 1 By letter filed on May 11, 2007, WSOR's counsel confirmed information supplied by counsel on May 7, 2007. Because the petition was thus complete on May 7, 2007, the filed date will be deemed to be May 7, 2007, and all deadlines will be calculated from that date. The line does not contain federally granted rights-of-way. Any documentation in WSOR's possession will be made available promptly to those requesting it. The interest of railroad employees will be protected by the conditions set forth in *Oregon Short Line R. Co.—Abandonment—Goshen* , 360 I.C.C. 91 (1979). By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by August 24, 2007. Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,300 filing fee. *See* 49 CFR 1002.2(f)(25). All interested persons should be aware that, following abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for trail use/rail banking under 49 CFR 1152.29 will be due no later than June 14, 2007. Each trail use request must be accompanied by a $200 filing fee. *See* 49 CFR 1002.2(f)(27). All filings in response to this notice must refer to STB Docket No. AB-383 (Sub-No. 5X), and must be sent to:
(1)Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001; and
(2)John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Replies to the petition are due on or before June 14, 2007. Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Services at
(202)245-0230 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis
(SEA)at
(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] An environmental assessment
(EA)(or environmental impact statement (EIS), if necessary) prepared by SEA will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Other interested persons may contact SEA to obtain a copy of the EA (or EIS). EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: May 11, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-9491 Filed 5-18-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 15, 2007. 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 20, 2007 to be assured of consideration. Alcohol and Tobacco Tax and Trade Bureau
(TTB)*OMB Number:* 1513-0085. *Type of Review:* Extension. *Title:* Principal Place of Business on Beer Labels. TTB REC 5130/5. *Description:* TTB regulations permit domestic brewers who operate more than one brewery to show as their address on labels and kegs of beer, their “principal place of business” address. This label option may be used in lieu of showing the actual place of production on the label or of listing all of the brewer's locations on the label. *Respondents:* Business and other for profits. *Estimated Total Burden Hours:* 1 hour. *OMB Number:* 1513-0005. *Type of Review:* Revision. *Title:* Letterhead applications and notices filed by brewers. TTB REC 5130/2. *Form:* TTB 5130.10. *Description:* The Internal Revenue Code requires brewers to file a notice of intent to operate a brewery. TTB Form 5130.10 is similar to a permit and, when approved by TTB, is a brewer's authorization to operate. Letterhead applications and notices are necessary to identify brewery activities so that TTB may ensure that proposed operations do not jeopardize Federal revenues. *Respondents:* Business and other for profits. *Estimated Total Burden Hours:* 8,976 hours. *OMB Number:* 1513-0086. *Type of Review:* Extension. *Title:* Marks on Equipment and Structures (TTB REC 5130/3) and Marks and Labels on Containers of Beer (TTB REC 5130/4). *Description:* Marks, signs, and calibrations are necessary on equipment and structures for identifying major equipment for accurate determination of tank contents, and segregation of tax-paid and non tax-paid beer. Marks and labels on containers or beer are necessary to inform consumers of container contents, and to identify the brewer and place of production. *Respondents:* Business and other for profits. *Estimated Total Burden Hours:* 1 hour. *OMB Number:* 1513-0117. *Type of Review:* Extension. *Title:* Pay.gov User Agreement. *Form:* TTB F 5000.31. *Description:* The Pay.gov User Agreement will be used to identify, validate, approve and register qualified users to allow for submission of electronic forms using the Pay.gov System. *Respondents:* Business and other for profits. *Estimated Total Burden Hours:* 483 hours. *Clearance Officer:* Frank Foote,
(202)927-9347, Alcohol and Tobacco Tax and Trade Bureau, Room 200 East, 1310 G Street, NW., Washington, DC 20005. *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. E7-9704 Filed 5-18-07; 8:45 am] BILLING CODE 4810-31-P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request May 16, 2007. 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 20, 2007 to be assured of consideration. Internal Revenue Service
(IRS)*OMB Number:* 1545-1729. *Type of Review:* Extension. *Title:* TD 9114 (Final) Electronic Payee Statements. *Description:* In general, under these regulations, a person required to furnish a statement on Form W-2 under Code sections 6041(d) or 6051, or Forms 1098-T or 1098-E under Code section 6050S, may furnish these statements electronically if the recipient consents to receive them electronically, and if the person furnishing the statement
(1)makes certain disclosures to the recipient,
(2)annually notifies the recipient that the statement is available on a Web site, and
(3)provides access to the statement on that Web site for a prescribed period of time. *Respondents:* Businesses and other for-profit institutions. *Estimated Total Burden Hours:* 2,844,950 hours. *OMB Number:* 1545-1625. *Type of Review:* Extension. *Title:* REG-105170-97 and REG-112991-01, (Final) Credit for Increasing Research Activities (TD 8930 & TD 9104). *Description:* These final regulations relate to the computation of the credit under section 41(c) and the definition of qualified research under section 41(d). These regulations are intended to provide
(1)guidance concerning the requirements necessary to qualify for the credit for increasing research activities,
(2)guidance in computing the credit for increasing research activities, and
(3)rules for electing and revoking the election of the alternative incremental credit. *Respondents:* Businesses and other for-profit institutions. *Estimated Total Burden Hours:* 250 hours. *OMB Number:* 1545-0720. *Type of Review:* Extension. *Title:* Form 8038, Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038-G, Information Return for Tax-Exempt Governmental Obligation, and Form 8038-GC, Information Return for Tax-Exempt Private Activity Bond Issues. *Form:* 8038, 8038-G, and 8038-GC. *Description:* Forms 8038, 8038-G, and 8038-GC collect the information that IRS is required to collect by Code section 149(e). IRS uses the information to assure that tax-exempt bonds are issued consistent with the rules of IRC sections 141-149. *Respondents:* State, Local, and Tribal Governments. *Estimated Total Burden Hours:* 293,900 hours. *OMB Number:* 1545-2042. *Type of Review:* Extension. *Title:* IRS e-file Signature Authorization for Form 1065. *Form:* 8879-PE. *Description:* Form 8879-PE, IRS e-file Signature Authorization for Form 1065, was developed for Modernized e-file for partnerships. *Respondents:* Businesses and other for-profit institutions. *Estimated Total Burden Hours:* 2,025 hours. *OMB Number:* 1545-0735. *Type of Review:* Extension. *Title:* LR-189-80 (TD 7927) Final Amortization of Reforestation Expenditures *Description:* Section 194 allows taxpayers to elect to amortize certain reforestation expenditures over a 7-year period if the expenditures meet certain requirements. The regulations implement this election provision and allow the Service to determine if the election is proper and allowable. *Respondents:* Individuals or households. *Estimated Total Burden Hours:* 6,001 hours. *OMB Number:* 1545-0232. *Type of Review:* Extension. *Title:* Information Return of Nontaxable Energy Grants or Subsidized Energy Financing. *Form:* 6497. *Description:* Used by any governmental agency or its agents that make nontaxable grants or subsidized financing for energy conservation or production programs. We use the information from the form to ensure that recipients have not claimed tax credits or other benefits with respect to the grant or subsidized financing (no “double dipping”). *Respondents:* Businesses and other for-profit institutions. *Estimated Total Burden Hours:* 810 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. Robert Dahl, Treasury PRA Clearance Officer. [FR Doc. E7-9705 Filed 5-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the renewal of an information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget
(OMB)control number. The OCC is soliciting comment concerning an information collection titled, “Interagency Statement on Complex Structured Finance Transactions.” DATES: Comments must be submitted on or before July 20, 2007. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1-5, Attention: 1557-0229, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to
(202)874-4448, or by electronic mail to *regs.comments@occ.treas.gov.* You can inspect and photocopy the comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling
(202)874-5043. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557-0229, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to
(202)395-6974. FOR FURTHER INFORMATION CONTACT: You may request additional information or a copy of the collection and supporting documentation submitted to OMB by contacting: Mary Gottlieb or Camille Dickerson,
(202)874-5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: *Title:* Interagency Statement on Complex Structured Finance Transactions. *OMB Control No.:* 1557-0229. *Type of Review:* Regular review. *Description:* The statement describes the types of internal controls and risk management procedures that the agencies (OCC, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Office of Thrift Supervision, and the Securities and Exchange Commission) believe are particularly effective in assisting financial institutions to identify and address the reputational, legal, and other risks associated with complex structured finance transactions. *Affected Public:* Businesses or other for-profit. *Burden Estimates:* *Estimated Number of Respondents:* 21. *Estimated Number of Responses:* 21. *Estimated Annual Burden:* 525 hours. *Frequency of Response:* On occasion. *Comments:* Comments submitted in response to this notice will be summarized and 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 has 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 on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. Dated: May 15, 2007. Stuart Feldstein Assistant Director, Legislative and Regulatory Activities Division Office of the Comptroller of the Currency. [FR Doc. 07-2519 Filed 5-18-07; 8:45 am]
Connectionstraces to 7
Traces to 7 documents
U.S. Code
- Exemption for passenger motor vehicles equipped with anti-theft devices§ 33106
- Purposes§ 3501
- Records: form; inspection; preservation§ 11144
- Definitions§ 3502
- Authority and criteria: rates, classifications, rules, and practices prescribed by Board§ 10704
- Authority to exempt rail carrier transportation§ 10502
- Filing and procedure for application to abandon or discontinue§ 10903
32 references not yet in our index
- Pub. L. 105-383
- Pub. L. 107-295
- 46 CFR 388
- 49 CFR 543
- 49 CFR 541
- 49 CFR 543.7
- 49 CFR 543.6(a)(3)
- 49 CFR 543.6(a)(4)
- 49 CFR 543.7(f)
- 49 CFR 1.50
- 49 CFR 1244
- 5 CFR 1320.3(c)
- 49 CFR 1152
- 49 CFR 1152.50(d)(2)
- 49 CFR 1105.7
- 49 CFR 1105.8
- 49 CFR 1105.11
- 49 CFR 1105.12
- 49 CFR 1152.50(d)(1)
- 49 CFR 1152.27(c)(2)
- 49 CFR 1152.29
- 49 CFR 1152.28
- 49 CFR 1002.2(f)(25)
- 49 CFR 1152.29(e)(2)
- 49 CFR 1105.6(c)
- 49 CFR 1152.27(b)(2)
- 49 CFR 1002.2(f)(27)
- Pub. L. 104-13
- T.D. 9114
- T.D. 8930
- T.D. 9104
- T.D. 7927
Citation graph
cites case law
Rules and Regulations
Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel CAROLINA GALE
Pub. L.Pub. L. 105-383
Pub. L.Pub. L. 107-295
Cite46 CFR 388
Cite49 CFR 543
Cite49 CFR 541
Cites 39 · showing 12Cited by 0 across 0 sources