Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65499

OMB receives it within 30 days of 

publication.

Issued on: November 8, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–25208 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19529; Notice 1] 

Toyota Motor North America, Inc., 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

Toyota Motor Corporation has 

determined that the daytime running 

lamps (DRLs) on certain vehicles it 

manufactured in 1998–2005 do not 

comply with S5.5.11(a) of 49 CFR 

571.108, Federal Motor Vehicle Safety 

Standard (FMVSS) No. 108, ‘‘Lamps, 

reflective devices, and associated 

equipment.’’ Toyota Motor North 

America, Inc. (Toyota), on behalf of 

Toyota Motor Corporation, has filed an 

appropriate report pursuant to 49 CFR 

part 573, ‘‘Defect and Noncompliance 

Reports.’’

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) and on behalf of Toyota Motor 

Corporation, Toyota has petitioned for 

an exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

This notice of receipt of Toyota’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

A total of approximately 75,355 

model year 1998–2005 Lexus LX470 

vehicles are affected. S5.5.11(a) of 

FMVSS No. 108 requires that

* * * each such lamp: (1) Has a luminous 

intensity not less than 500 candela at test 

point H–V, nor more than 3,000 candela at 

any location in the beam, when tested in 

accordance with Section S11 of this standard, 

unless it is: * * * (ii) An upper beam 

headlamp intended to operate as a DRL, 

whose luminous intensity at test point H–V 

is not more than 7,000 candela, and which 

is mounted not higher than 864 mm above 

the road surface as measured from the center 

of the lamp with the vehicle at curb weight.

The DRLs on the LX470s are provided 

by the upper beam headlamps operating 

at a lower intensity, with each lamp 

having a maximum luminous intensity 

of roughly 4,720 candela at the 

maximum point in the beam. However, 

the specification of the height above the 

road surface as measured from the 

center of the lamps with the vehicles at 

curb weight is 895 mm, and therefore 

the DRLs exceed the maximum 

luminous intensity specified in 

S5.5.11(a)(1)(ii) of FMVSS No. 108. 

Toyota believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Toyota 

states the following in its petition.

Toyota conducted subjective evaluations of 

the glare from the DRLs using 19 contractors 

for the subject vehicles under various 

conditions, and confirmed that glare from the 

subject vehicles is the same or better than 

vehicles that were modified to meet the 

maximum DRL luminous intensity permitted 

by the standard at the height limit of 864 

mm. Toyota evaluated the glare from the 

subject vehicles’ DRLs by observing them 

through the rearview mirror of a small 

passenger car as well as directly, as from an 

oncoming vehicle. According to Toyota’s 

evaluation, the subject vehicles received 

overall ratings above 5 (‘‘lamps are just 

acceptable’’). Accordingly, in the scale, 

higher numbers indicate less glare.

Toyota indicates in its petition that a 

rating of 1 indicates ‘‘The headlamps are 

unbearable,’’ while the highest rating of 

9 indicates ‘‘The headlamps are just 

noticeable.’’

Toyota further states,

Toyota calculated the luminous intensity 

of light from the DRLs striking the rearview 

mirror of the preceding vehicle mounted 

1,120 mm (44 inches) above the ground and 

6.1 m (20 feet) in front of the DRL. We also 

indicated the allowable range of the 

regulation. * * * The assessment mirror 

height of 44 inches and distance of 20 feet 

are the same used in NHTSA’s own 

evaluation as described in the final rule 

published in the Monday, January 11, 1993 

Federal Register (58 FR 3500). * * * [W]e can 

confirm that luminous intensity from the 

subject vehicle DRL (4,720 candela, 895 mm 

high) is below the maximum luminous 

intensity of allowable range up to 864 mm 

high.

Toyota says in its petition that the 

subject vehicles meet all requirements 

of the Canadian motor vehicle 

standards, and that it has received no 

customer complaints or reports that 

allege a crash, injury or fatality due to 

problems arising from DRL glare by 

these vehicles. 

Interested persons are invited to 

submit written data, views, and 

arguments on the petition described 

above. Comments must refer to the 

docket and notice number cited at the 

beginning of this notice and be 

submitted by any of the following 

methods. Mail: Docket Management 

Facility, U.S. Department of 

Transportation, Nassif Building, Room 

PL–401, 400 Seventh Street, SW., 

Washington, DC, 20590–0001. Hand 

Delivery: Room PL–401 on the plaza 

level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC. It 

is requested, but not required, that two 

copies of the comments be provided. 

The Docket Section is open on 

weekdays from 10 a.m. to 5 p.m. except 

Federal Holidays. Comments may be 

submitted electronically by logging onto 

the Docket Management System Web 

site at http://dms.dot.gov. Click on 

‘‘Help’’ to obtain instructions for filing 

the document electronically. Comments 

may be faxed to 1–202–493–2251, or 

may be submitted to the Federal 

eRulemaking Portal: go to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: December 13, 

2004.

(Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8)

Issued on: November 5, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–25215 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34600] 

Progressive Rail, Incorporated—Lease 

and Operation Exemption—Rail Lines 

of Wisconsin Central, Ltd. 

Progressive Rail, Incorporated (PGR), 

a Class III rail carrier, has filed a verified 

notice of exemption under 49 CFR 

1150.41 to lease from Wisconsin 

Central, Ltd. and operate 23.97 miles of 

rail line consisting of (1) the AlmenaCameron Branch that extends between 

milepost 80.88 at or near Almena and 

milepost 97.80 at or near Cameron, a 

distance of 16.92 miles in Barron 

County, WI, and (2) the Rice LakeCameron Branch that extends between 

milepost 49.0 at or near Cameron and 

milepost 56.05 at or near Rice Lake, a 

65500 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

1The rail line in the instant transaction was the 

subject of a notice of exemption originally filed by 

Wisconsin Northern Railroad Company, LLC 

(WNRC), a subsidiary of PGR, and voluntarily 

withdrawn by WNRC. See Wisconsin Northern 

Railroad Company, LLC—Lease and Operation 

Exemption—Rail Lines of Wisconsin Central Ltd.

STB Finance Docket No. 34596 (STB served Oct. 22, 

2004). The rail line in the instant transaction also 

connects in Barron County, WI, to another PGR rail 

line recently acquired in Progressive Rail, 

Incorporated—Lease and Operation Exemption—

Rail Line of Union Pacific Railroad Company, STB 

Finance Docket No. 34597 (STB served Oct. 29, 

2004).

distance of 7.05 miles in Barron 

County.1

PGR certifies that its projected 

revenues as a result of this transaction 

will not result in the creation of a Class 

II or Class I rail carrier. The transaction 

was scheduled to be consummated no 

sooner than October 27, 2004, the 

effective date of the exemption (7 days 

after the exemption was filed). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34600, 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: Thomas F. 

McFarland, P.C., 208 South LaSalle St., 

Suite 1890, Chicago, IL 60604–1112. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: November 3, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–25054 Filed 11–10–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

[REG–104924–98] 

Proposed Collection; Comment 

Request for Regulation Project

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice and request for 

comments. 

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 IRS is 

soliciting comments concerning an 

existing notice of proposed rulemaking, 

REG–104924–98, Mark-to-Market 

Accounting for Dealers in Commodities 

and Traders in Securities or 

Commodities (§§ 1.475(e)–1 and 1.475 

(f)–2).

DATES: Written comments should be 

received on or before January 11, 2005 

to be assured of consideration.

ADDRESSES: Direct all written comments 

to R. Joseph Durbala, Internal Revenue 

Service, room 6516, 1111 Constitution 

Avenue NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or 

copies of the regulations should be 

directed to Carol Savage at Internal 

Revenue Service, room 6516, 1111 

Constitution Avenue NW., Washington, 

DC 20224, or at (202) 622–3945, or 

through the Internet at 

CAROL.A.SAVAGE@irs.gov.

SUPPLEMENTARY INFORMATION: 

Title: Mark-to-Market Accounting for 

Dealers in Commodities and Traders in 

Securities or Commodities. 

OMB Number: 1545–1640. 

Regulation Project Number: REG–

104924–98. 

Abstract: The collection of 

information in this proposed regulation 

is required by the Internal Revenue 

Service to determine whether an 

exemption from mark-to-market 

treatment is properly claimed. This 

information will be used to make that 

determination upon audit of taxpayers’

books and records. 

Current Actions: There is no change to 

this existing proposed regulation. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organization and Individuals. 

Estimated Number of Recordkeepers:

1,000. 

Estimated Time Per Recordkeeper: 1 

hour. 

Estimated Total Annual Burden 

Recordkeeping Hours: 1,000. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

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 of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information.

Approved: November 3, 2004. 

Carol Savage, 

Management and Program Analyst.

[FR Doc. 04–25126 Filed 11–10–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

[INTL–9–95] 

Proposed Collection; Comment 

Request for Regulation Project

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice and request for 

comments. 

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 IRS is 

soliciting comments concerning an 

existing final regulation, INTL–9–95 (TD 

8702), Certain Transfers of Domestic 

Stock or Securities by U.S. Persons to 

Foreign Corporations (§ 1.367(a)–3).

DATES: Written comments should be 

received on or before January 11, 2005 

to be assured of consideration.