74566 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 

also can provide the minimum safety 

performance, the marking system serves 

the additional role of identifying the 

minimum stripe width required for 

retroreflective brightness of the 

particular material. Since the 

differences between the brightness 

grades of suitable retroreflective 

conspicuity material is not obvious from 

inspection, the marking system is 

necessary for tractor and trailer 

manufacturers and repair shops to 

assure compliance and for FHWA to 

inspect tractors and trailers in use. 

Permanent labeling is used to identify 

retroreflective material having the 

minimum properties required for 

effective conspicuity of trailers at night. 

The information enables the FHWA to 

make compliance inspections, and it 

aids tractor and trailer owners and 

repairs shops in choosing the correct 

repair materials for damaged tractors 

and trailers. It also aids smaller trailer 

manufacturers in certifying compliance 

of their products. 

The FHWA will not be able to 

determine whether trailers are properly 

equipped during roadside inspections 

without labeling. The use of cheaper 

and more common reflective materials, 

which are ineffective for the 

application, would be expected in 

repairs without the labeling 

requirement. 

Estimated Total Annual Burden: 1. 

Estimated Number of Respondents: 3.

Comments are invited on: whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology.

Issued on: December 3, 2004. 

Susan White, 

Chief Information Officer.

[FR Doc. 04–27305 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34622] 

The Burlington Northern and Santa Fe 

Railway Company—Trackage Rights 

Exemption—Union Pacific Railroad 

Company 

Union Pacific Railroad Company 

(UP), pursuant to a written trackage 

rights agreement entered into between 

UP and The Burlington Northern and 

Santa Fe Railway Company (BNSF), has 

agreed to grant overhead reciprocal 

trackage rights to BNSF over UP’s rail 

line between UP’s milepost 609.6 at a 

station known as Tower 60 (North Fort 

Worth) and UP’s milepost 612.4 at a 

station known as Dalwor Junction, 

including a station known as Purina 

Junction (milepost 611.9), and 

continuing on to a station known as 

North Tower 55 (milepost 612.9) on 

UP’s Duncan Subdivision and between 

BNSF’s milepost 2.52 and BNSF’s 

milepost 0.86 adjacent to and 

connecting to BNSF owned Tail Track 

on BNSF’s Fort Worth Subdivision and 

between UP’s milepost F250.9 at a 

station known as Tower 55 and UP’s 

milepost F250.8 at a station known as 

Tower 55 (connecting with BNSF’s 

Cleburne Subdivision) on UP’s Fort 

Worth Subdivision, a total distance of 

approximately 5.0 miles. BNSF will 

operate its own trains with its own 

crews over the UP line under the 

trackage rights. 

BNSF indicates that it expected to 

consummate the transaction on 

December 1, 2004. 

The purpose of the overhead trackage 

rights is to facilitate directional running 

in the Fort Worth, TX area and to 

enhance the efficiency of UP and BNSF 

operations through Fort Worth. 

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. 34622, 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 Sarah W. 

Bailiff, The Burlington Northern and 

Santa Fe Railway Company, P.O. Box 

961039, Fort Worth, TX 76161–0039. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: December 7, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27340 Filed 12–13–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. AB–319 (Sub–No. 4X)] 

Florida Central Railroad Company, 

Inc.—Abandonment Exemption—in 

Seminole and Orange Counties, FL 

Florida Central Railroad Company, 

Inc. (FCEN) has filed a notice of 

exemption under 49 CFR 1152 subpart 

F—Exempt Abandonments to abandon a 

3.4-mile line of railroad known as the 

Forest City Spur, between milepost F–

4.5 at Toronto, and the end of the track 

at milepost F–1.1 in Forest City, in 

Seminole and Orange Counties, FL. The 

line traverses United States Postal 

Service Zip Codes 32714 and 32703. 

FCEN has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic 

formerly handled 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 (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 and discontinuance 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 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Notices 74567

1The 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.

2Each offer of financial assistance must be 

accompanied by the filing fee, which currently is 

set at $1,200. See 49 CFR 1002.2(f)(25).

1TXNW is a wholly owned subsidiary of TNW 

Corporation. See TNW Corporation-Continuance in 

Control Exemption-Texas Rock Crusher Railway 

Company, STB Finance Docket No. 33564 (STB 

served Mar. 20, 1998).

2TXNW states that the Capps Spur forms the 

eastern end of TXNW’s current rail line, the active 

portion of which extends west from Capps to a 

connection with The Burlington Northern and 

Santa Fe Railway Company at Etter Junction, TX. 

Additional TXNW lines extending north from the 

Capps Spur at Morse and South from the Capps 

Spur at Pringle were abandoned in 1987. See Texas 

North Western Railway Company-Abandonment 

and Discontinuance of Service Exemption-Hansford 

and Hutchinson Counties, TX; Texas County, OK; 

and Seward County, KS, Docket No. AB–281X (ICC 

served Aug. 19, 1987).

3TXNW notes that, at one time, The Atchison, 

Topeka and Santa Fe Railway Company held 

overhead trackage rights on TXNW’s Etter JunctionMorse line, but those rights were discontinued in 

1990. See The Atchison, Topeka and Santa Fe 

Railway Company-Discontinuance of Trackage 

Rights Exemption-In Moore, Hutchinson and 

Hansford Counties, TX, Docket No. AB–52 (Sub-No. 

63X) (ICC served July 16, 1990).

4The 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.

5Effective October 31, 2004, the filing fee for an 

OFA increased to $1,200. See Regulations 

Governing Fees for Services Performed in 

Connection with Licensing and Related Services2004 Update, STB Ex Parte No. 542 (Sub-No. 11) 

(STB served Oct. 1, 2004).

expression of intent to file an offer of 

financial assistance (OFA) has been 

received, this exemption will be 

effective on January 13, 2005, unless 

stayed pending reconsideration. 

Petitions to stay that do not involve 

environmental issues,1 formal 

expressions of intent to file an OFA 

under 49 CFR 1152.27(c)(2),2 and trail 

use/rail banking requests under 49 CFR 

1152.29 must be filed by December 27, 

2004. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by January 3, 

2005, 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 FCEN’s 

representative: Thomas J. Litwiler, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL 60606–

2832. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio.

FCEN has filed an environmental 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 December 17, 2004. 

Interested persons may obtain a copy of 

the EA by writing to SEA (Room 500, 

Surface Transportation Board, 

Washington, DC 20423) or by calling 

SEA, at (202) 565–1539. 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), FCEN shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned its line. If 

consummation has not been effected by 

FCEN’s filing of a notice of 

consummation by December 14, 2005, 

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 http://

www.stb.dot.gov.

Decided: December 6, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27338 Filed 12–13–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. AB–281 (Sub–No. 1X)] 

Texas North Western Railway 

Company—Abandonment Exemption—

in Moore, Hutchinson and Hansford 

Counties, TX 

Texas North Western Railway 

Company (TXNW)1 has filed a notice of 

exemption under 49 CFR 1152 subpart 

F—Exempt Abandonments to abandon 

approximately 21.9 miles of its line of 

railroad known as the Capps Spur 

located in Moore, Hutchinson, and 

Hansford Counties, TX. The line 

extends from milepost 20.0 at Capps, 

TX, through milepost 29.9 at Morse, 

Junction, TX, to the end of the track at 

milepost 34.0 in Morse, TX (14.0 miles), 

and from milepost 29.9 at Morse 

Junction to the end of the track at 

milepost 37.8 in Pringle, TX (7.9 miles), 

The line traverses United States Postal 

Service Zip Codes 79086, 79083, and 

79062.2

TXNW has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic 

formerly handled on the line can be 

rerouted over other lines; 3 (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 January 

13, 2005, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,4

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),5 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by December 

23, 2004. Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by January 3, 

2005, 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 the TXNW’s 

representative: Thomas J. Litwiler, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL 60606–

2832. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio.

TXNW has filed an environmental 

report which addresses the 

abandonment’s effects, if any, on the 

environment and historic resources.