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41256 Federal Register / Vol. 70, No.

136 / Monday, July 18, 2005 / Notices

pressure and recommended size designation published, with a 30-day comment Authority: 49 U.S.C. 30118, 30120;
information. All of this information is correct period, on May 31, 2005, in the Federal delegations of authority at CFR 1.50 and
on the tire information placard. Moreover, Register (70 FR 31006). NHTSA 501.8.
the purpose of providing seating capacity
information is to prevent vehicle
received one comment. Issued on: July 8, 2005.
overloading. Because the SLK holds only two Affected are a total of approximately Ronald L. Medford,
occupants, it is not possible to overload the 958 Wrangler AT tires produced from Senior Associate Administrator for Vehicle
vehicle due to reliance on the tire March 7, 2005 to April 4, 2005. S6.5(b) Safety.
information placard. of FMVSS No. 119 requires that each [FR Doc. 05–14035 Filed 7–15–05; 8:45 am]
NHTSA agrees with Mercedes that the tire shall be marked with ‘‘[t]he tire BILLING CODE 4910–59–P
noncompliance is inconsequential to identification number required by part
motor vehicle safety. As Mercedes 574 of this chapter.’’ The noncompliant
states, because the vehicles are two- tires should have been marked ‘‘DOT DEPARTMENT OF TRANSPORTATION
seaters with no rear seat, it is obvious PJ10 MPH0 wwyy,’’ but were actually
Surface Transportation Board
that the seating capacity is two and not marked with one of the following serial
four. Therefore it is impossible to codes: DOT 1085 PJ10 MPH0, DOT 1086 [STB Docket No. AB–364 (Sub-No. 10X)]
overload the vehicles by relying on the PJ10 MPH0, DOT 2013 PJ10 MPH0, or
incorrect designated seating capacity DOT 2014 PJ10 MPH0. Mid-Michigan Railroad, Inc.—
information. As Mercedes further points Discontinuance of Service
Goodyear believes that the
out, the other information on the tire Exemption—in Kent County, MI
noncompliance is inconsequential to
information placard is correct. Mercedes motor vehicle safety and that no On June 28, 2005, Mid-Michigan
has corrected the problem. corrective action is warranted. Goodyear Railroad, Inc. (MMRR), filed with the
In consideration of the foregoing, states that the mislabeling creates no Board a petition under 49 U.S.C. 10502
NHTSA has decided that the petitioner unsafe condition. Goodyear further for exemption from the provisions of 49
has met its burden of persuasion that states that all of the markings related to U.S.C. 10903. MMRR seeks to
the noncompliance described is tire service including load capacity and discontinue service over a 1.50-mile line
inconsequential to motor vehicle safety. corresponding inflation pressure are of railroad, extending from milepost
Accordingly, Mercedes’ petition is correct, and that the tires meet or exceed 157.97 on MMRR’s east-west rail line to
granted and the petitioner is exempted all applicable FMVSS performance the end of the line in Kent County, MI.1
from the obligation of providing requirements. Goodyear says that when The line traverses U.S. Postal Service
notification of, and a remedy for, the consumers register these tires in ZIP Codes 49503 and 49504, and
noncompliance. Goodyear’s registration database, they includes no stations.
Authority: (49 U.S.C. 30118, 30120; can be identified in the unlikely event The line does not contain federally
delegations of authority at CFR 1.50 and that they would be involved in a tire granted rights-of-way. Any
501.8) recall. documentation in the possession of
Issued on: June 8, 2005. NHTSA agrees that the MMRR will be made available promptly
Ronald L. Medford, noncompliance is inconsequential to to those requesting it.
Senior Associate Administrator for Vehicle motor vehicle safety. The mislabeling The interest of railroad employees
Safety. does not create an unsafe condition, nor will be protected by the conditions set
[FR Doc. 05–14034 Filed 7–15–05; 8:45 am] will it result in unsafe use of the tires. forth in Oregon Short Line R. Co.—
As Goodyear states, when consumers Abandonment—Goshen, 360 I.C.C. 91
BILLING CODE 4910–59–P
register these tires in Goodyear’s (1979).
By issuing this notice, the Board is
registration database, they can be
DEPARTMENT OF TRANSPORTATION instituting an exemption proceeding
identified in the event of a recall. In
pursuant to 49 U.S.C. 10502(b). A final
addition, the tires meet or exceed all of
National Highway Traffic Safety decision will be issued by October 14,
the performance requirements of
Administration 2005. Any offer of financial assistance
FMVSS No. 119, and all other
(OFA) under 49 CFR 1152.27(b)(2) will
[Docket No. NHTSA 2005–21268; Notice 2] informational markings as required by
be due no later than 10 days after
FMVSS No. 119 are present. Goodyear
The Goodyear Tire & Rubber service of a decision granting the
has corrected the problem.
Company, Grant of Petition for petition for exemption. Each OFA must
One comment favoring denial was
Decision of Inconsequential received from a private individual. The 1 The line was leased from the Central Michigan
Noncompliance issue to be considered in determining Railway Company (CMRY) by the Grand Rapids
whether to grant this petition is the Eastern Railroad, Inc. (GRE), in 1993. See Grand
The Goodyear Tire & Rubber Rapids Eastern Railroad, Inc.—Purchase, Lease and
Company (Goodyear) has determined effect of the noncompliance on motor Operation Exemption—Rail Lines of Central
that certain tires it manufactured in vehicle safety. The comment does not Michigan Railroad Company, Finance Docket No.
2005 do not comply with S6.5(b) of address this issue, and therefore has no 32297 (ICC served on July 26, 1993). GRE
bearing on NHTSA’s determination. subsequently merged into MMRR. See RailTex, Inc.,
Federal Motor Vehicle Safety Standard Mid-Michigan Railroad, Inc., Michigan Shore
(FMVSS) No. 119, ‘‘New pneumatic tires In consideration of the foregoing, Railroad, Inc., and Grand Rapids Eastern Railroad,
for vehicles other than passenger cars.’’ NHTSA has decided that the petitioner Inc.—Corporate Family Transaction Exemption,
Pursuant to 49 U.S.C. 30118(d) and has met its burden of persuasion that STB Finance Docket No. 33693 (ICC served Jan. 20,
1999). CMRY continues to own the assets that
30120(h), Goodyear has petitioned for a the noncompliance described is MMRR operates over, including, but not limited to,
determination that this noncompliance inconsequential to motor vehicle safety. the track, ties, ballast, other track material and land.
is inconsequential to motor vehicle Accordingly, Goodyear’s petition is MMRR has no authority to alter, remove or dispose
safety and has filed an appropriate granted and the petitioner is exempted of any of the assets that are on the line. MMRR
seeks discontinuance because The Grand Rapids
report pursuant to 49 CFR part 573, from the obligation of providing Press, the only shipper on the line, has stopped
‘‘Defect and Noncompliance Reports.’’ notification of, and a remedy for, the using the line, moved its facility to another location
Notice of receipt of a petition was noncompliance. and does not oppose the discontinuance.

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Federal Register / Vol. 70, No. 136 / Monday, July 18, 2005 / Notices 41257

be accompanied by a $1,200 filing fee. 3. Redemption payments for such earned in equal proportions over the
See 49 CFR 1002.2(f)(25).2 bonds held in book-entry form, whether prior three years. To take advantage of
All filings in response to this notice on the books of the Federal Reserve income averaging, § 1301 requires that
must refer to STB Docket No. AB–364 Banks or in Treasury-Direct accounts, the taxpayer calculate the § 1 tax using
(Sub-No. 10X), and must be sent to: (1) will be made automatically on the three prior year’s tax tables and, if
Surface Transportation Board, 1925 K November 15, 2005. applicable, Schedule D, Capital Gains
Street, NW., Washington, DC 20423– and Losses, (to apply the maximum
0001; and (2) Louis E. Gitomer, Ball Donald V. Hammond,
Fiscal Assistant Secretary. capital gains tax rates), as well as the
Janik LLP, 1455 F Street, NW., Suite current year’s tax tables or tax rate
225, Washington, DC 20005. Replies to [FR Doc. 05–13844 Filed 7–15–05; 8:45 am]
schedules. The regulation requires the
the petition are due on or before August BILLING CODE 4810–40–M
taxpayer to use Schedule J of Form 1040
8, 2005.
Persons seeking further information to record and total the amount of tax for
concerning discontinuance procedures DEPARTMENT OF THE TREASURY each year of the four year calculation.
may contact the Board’s Office of Public Current Actions: There are no changes
Services at (202) 565–1592 or refer to Internal Revenue Service to this existing regulation.
the full abandonment or discontinuance [REG–121063–97] Type of Review: Extension of a
regulations at 49 CFR part 1152. currently approved collection.
Questions concerning environmental Proposed Collection; Comment
issues may be directed to the Board’s Request for Regulation Project The burden for this requirement is
Section of Environmental Analysis at reflected in the burden estimate for
(202) 565–1539. (Assistance for the AGENCY: Internal Revenue Service (IRS), Schedule J of Form 1040.
hearing impaired is available through Treasury.
The following paragraph applies to all
the Federal Information Relay Service ACTION: Notice and request for of the collections of information covered
(FIRS) at 1–800–877–8339.) comments. by this notice:
Board decisions and notices are
available on our Web site at http:// SUMMARY: The Department of the An agency may not conduct or
www.stb.dot.gov. Treasury, as part of its continuing effort sponsor, and a person is not required to
to reduce paperwork and respondent respond to, a collection of information
Decided: July 12, 2005. burden, invites the general public and unless the collection of information
By the Board, David M. Konschnik, other Federal agencies to take this displays a valid OMB control number.
Director, Office of Proceedings.
opportunity to comment on proposed Books or records relating to a collection
Vernon A. Williams, and/or continuing information of information must be retained as long
Secretary. collections, as required by the as their contents may become material
[FR Doc. 05–14099 Filed 7–15–05; 8:45 am] Paperwork Reduction Act of 1995, in the administration of any internal
BILLING CODE 4915–01–P Public Law 104–13 (44 U.S.C. revenue law. Generally, tax returns and
3506(c)(2)(A)). Currently, the IRS is tax return information are confidential,
soliciting comments concerning an as required by 26 U.S.C. 6103.
DEPARTMENT OF THE TREASURY existing final regulation, REG–121063–
Request for Comments: Comments
97 (TD 8972), Averaging of Farm Income
Office of the Secretary submitted in response to this notice will
(§ 1.1301–1).
be summarized and/or included in the
Notice of Call for Redemption: 123⁄4 DATES: Written comments should be
request for OMB approval. All
Percent Treasury Bonds of 2005–10 received on or before September 16, comments will become a matter of
2005 to be assured of consideration. public record. Comments are invited on:
1. As of July 15, 2005, public notice ADDRESSES: Direct all written comments
is hereby given that all outstanding 123⁄4 (a) Whether the collection of
to Glenn P. Kirkland, Internal Revenue information is necessary for the proper
percent Treasury Bonds of 2005–10 Service, room 6516, 1111 Constitution
(CUSIP No. 912810 CS 5) dated performance of the functions of the
Avenue, NW., Washington, DC 20224. agency, including whether the
November 17, 1980, due November 15,
FOR FURTHER INFORMATION CONTACT: information shall have practical utility;
2010, are hereby called for redemption
at par on November 15, 2005, on which Requests for additional information or (b) the accuracy of the agency’s estimate
date interest on such bonds will cease. copies of the form and instructions of the burden of the collection of
2. Full information regarding the should be directed to R. Joseph Durbala information; (c) ways to enhance the
presentation and surrender of such at Internal Revenue Service, room 6516, quality, utility, and clarity of the
bonds held in coupon and registered 1111 Constitution Avenue NW., information to be collected; (d) ways to
form for redemption under this call will Washington, DC 20224, or at (202) 622– minimize the burden of the collection of
be found in Department of the Treasury 3634, or through the Internet at information on respondents, including
Circular No. 300 dated March 4, 1973, RJoseph.Durbala@irs.gov. through the use of automated collection
as amended (31 CFR part 306), and from SUPPLEMENTARY INFORMATION: techniques or other forms of information
the Definitives Section of the Bureau of Title: Averaging of Farm Income. technology; and (e) estimates of capital
the Public Debt (telephone (304) 480– OMB Number: 1545–1662. or start-up costs and costs of operation,
7936), and on the Bureau of the Public Form Number: REG–121063–97 maintenance, and purchase of services
Debt’s Web site, http:// (Final). to provide information.
www.publicdebt.treas.gov. Abstract: Section 1301 of the Internal Approved: July 12, 2005.
Revenue Code allows an individual
2 Because this is a discontinuance proceeding and Glenn P. Kirkland,
engaged in a farming business to elect
not an abandonment, trail use/rail banking and IRS Reports Clearance Officer.
public use conditions are not appropriate. Likewise,
to reduce his or her regular tax liability
no environmental or historic documentation is by treating all or a portion of the current [FR Doc. E5–3781 Filed 7–15–05; 8:45 am]
required under 49 CFR 1105.6(c) and 1105.8. year’s farming income as if it had been BILLING CODE 4830–01–P

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