Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Notices 67775

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34513] 

Union Pacific Railroad Company—

Trackage Rights Exemption—The 

Burlington Northern and Santa Fe 

Railway Company 

The Burlington Northern and Santa Fe 

Railway Company (BNSF) has agreed to 

grant overhead trackage rights to Union 

Pacific Railroad Company (UP), between 

BNSF milepost 141.73 near Rockview, 

MO, and BNSF milepost 186.14 near 

Lilbourn, MO, a distance of 

approximately 44.41 miles. 

BNSF indicates that the transaction 

was to be consummated on November 8, 

2004. 

The purpose of the trackage rights is 

to allow UP to use the BNSF RockviewLilbourn line for traffic originating from 

or destined to industries on UP’s line 

between Lilbourn and New Madrid, 

instead of its existing route between 

Malden Junction, MO, and Lilbourn, 

which will enable UP to avoid 

rebuilding the latter route. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Ry. Co.—Trackage Rights—BN,

354 I.C.C. 605 (1978), as modified in 

Mendocino Coast Ry., Inc.—Lease and 

Operate, 360 I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If the 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. 34513, 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 Robert T. 

Opal, 1400 Douglas Street, Stop 1580, 

Omaha, NE 68179. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: November 9, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–25481 Filed 11–18–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

Proposed Collection; Comment 

Request for Form 8038–R

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 Form 

8038–R, Request for Recovery of 

Overpayments Under Arbitrage Rebate 

Provisions.

DATES: Written comments should be 

received on or before January 18, 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 form and instructions 

should be directed to R. Joseph Durbala 

at Internal Revenue Service, room 6407, 

1111 Constitution Avenue NW., 

Washington, DC 20224, or at (202) 622–

3634, or through the Internet at 

RJoseph.Durbala@irs.gov.

SUPPLEMENTARY INFORMATION: 

Title: Request for Recovery of 

Overpayments Under Arbitrage Rebate 

Provisions. 

OMB Number: 1545–1750. 

Form Number: 8038–R. 

Abstract: Under Treasury Regulations 

section 1.148–3(i), bond issuers may 

recover an overpayment of arbitrage 

rebate paid to the United States under 

Internal Revenue Code section 148. 

Form 8038–R is used to request recovery 

of any overpayment of arbitrage rebate 

made under the arbitrage rebate 

provisions. 

Current Actions: There are no changes 

being made to the form at this time. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: State, local or tribal 

governments. 

Estimated Number of Respondents:

200. 

Estimated Time Per Respondent: 12 

hours, 16 minutes. 

Estimated Total Annual Burden 

Hours: 2,458. 

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 15, 2004. 

R. Joseph Durbala, 

IRS Reports Clearance Officer.

[FR Doc. 04–25651 Filed 11–18–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

[PS–106–91] 

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