Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices 45521 

1A portion of the subject line is also at issue in 

STB Finance Docket No. 35137, The Indiana Rail 

Road Company—Trackage Rights Exemption—CSX 

Transportation, Inc., which pertains to CSXT’s 

grant of non-exclusive, limited local trackage rights 

to INRD between mileposts OZA 204.5 and OZA 

214.5. A revocation proceeding is pending. 

2The trackage rights at issue here were set forth 

as a supplemental agreement to a May 15, 2008 

agreement between INRD and CSXT. See Exhibit 2 

of INRD’s verified notice of exemption. 

Issued on: August 28, 2009. 

Jeffrey P. Michael, 

Associate Administrator for Research and 

Program Development. 

[FR Doc. E9–21209 Filed 9–1–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2005–21254] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 7 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202)–366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue, SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at http:// 

www.regulations.gov. 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for a 2- 

year period if it finds ‘‘such exemption 

would likely achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption.’’ The statute also 

allows the Agency to renew exemptions 

at the end of the 2-year period. The 

comment period ended on August 13, 

2009. 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 7 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Andrew 

B. Clayton, Kenneth D. Daniels, Donald 

M. Jenson, Dean A. Maystead, Donald L. 

Murphy, Carl V. Murphy, Jr., and 

Thomas D. Reynolds. 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each renewal exemption will 

be valid for 2 years unless revoked 

earlier by FMCSA. The exemption will 

be revoked if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

Issued on August 27, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–21197 Filed 9–1–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35287] 

The Indiana Rail Road Company— 

Trackage Rights Exemption—CSX 

Transportation, Inc. 

Pursuant to a written trackage rights 

agreement entered into between CSX 

Transportation, Inc. (CSXT), and The 

Indiana Rail Road Company (INRD), 

CSXT has agreed to grant non-exclusive, 

limited overhead trackage rights to 

INRD over CSXT’s line of railroad 

between the connection of CSXT and 

INRD trackage at Sullivan, IN, at 

approximately CSXT milepost OZA 

204.5, and the connection between 

CSXT’s line and tracks leading to the 

Oaktown Fuels Mine No. 1, LLC loading 

facility (Oaktown facility) at Oaktown, 

IN, at approximately CSXT milepost 

OZA 219.05, a distance of 

approximately 14.5 miles (Line).1

According to INRD, the trackage rights 

will be used to permit INRD to move 

loaded coal trains and empty hopper 

trains: (1) between the Oaktown facility, 

located on the Line at approximately 

milepost OZA 219.05, and INRD’s 

interchange with Indiana Southern 

Railroad Company (ISRR) at Beehunter, 

IN, to the Vectren power plant at Culley, 

IN, and to the Indianapolis Power & 

Light’s (IP&L) power plant at Petersburg, 

IN, and (2) between the Oaktown facility 

and IP&L’s Harding Street power plant 

in Indianapolis, IN, located on INRD’s 

line. 

The transaction is schedule to be 

consummated on September 17, 2009. 

The purpose of the trackage rights is 

to permit INRD to move loaded coal 

trains and empty hopper trains in 

single-line service between the Oaktown 

facility and INRD’s interchange with 

ISRR at Beehunter for onward 

movement to the power plants at Culley 

and Petersburg, and also between the 

Oaktown facility and the power plant in 

Indianapolis, thus enhancing 

operational efficiency.2

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 effectiveness of 

the exemption. Stay petitions must be 

filed by September 9, 2009 (at least 7 

days before the exemption becomes 

effective). 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

No. 110–161, § 193, 121 Stat. 1844 

(2007), nothing in this decision 

authorizes the following activities at any 

solid waste rail transfer facility: 

collecting, storing, or transferring solid 

waste outside of its original shipping 

container; or separating or processing 

solid waste (including baling, crushing, 

compacting, and shredding). The term 

‘‘solid waste’’ is defined in section 1004 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

An original and 10 copies of all 

pleadings, referring to STB Finance 


jlentini on DSKJ8SOYB1PROD with NOTICES
45522 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices 

Docket No. 35287, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on John 

Broadley, John H. Broadley & 

Associates, P.C., 1054 31st Street, NW., 

Suite 200, Washington, DC 20007. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 26, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–21077 Filed 9–1–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

August 27, 2009. 

The Department of the Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. 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, and 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

Dates: Written comments should be 

received on or before October 2, 2009 to 

be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–2011. 

Type of Review: Extension. 

Title: Certification of Intent to Adopt 

a Pre-approved Plan. 

Description: Use Form 8905 to treat an 

employer’s plan as a pre-approved plan 

and therefore eligible for the six-year 

remedial amendment cycle of Part IV of 

Revenue Procedure 2005–66, 2005–37 

I.R.B. 509. This form is filed with other 

document(s). 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

110,490 hours. 

OMB Number: 1545–0239. 

Type of Review: Extension. 

Form: 5754. 

Title: Statement by Person(s) 

Receiving Gambling Winnings. 

Description: Section 3402(q)(6) of the 

IRC requires a statement by the person 

receiving certain gambling winnings 

when that person is not the winner or 

is one of a group of winners. It enables 

the payer to properly apportion the 

winnings and withheld tax on Form W– 

2G. We use the information on Form W– 

2G to ensure that recipients are properly 

reporting their income. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 40,800 

hours. 

OMB Number: 1545–0025. 

Type of Review: Extension. 

Form: 851. 

Title: Affiliations Schedule. 

Description: Form 851 provides IRS 

with information to ascertain (1) The 

names and identification numbers of the 

members of the affiliated group 

included in the consolidated return, (2) 

taxes paid by each member of the group, 

and (3) stock ownership; changes in 

stock ownership and other information 

to determine that each corporation is a 

qualified member of the affiliated group 

as defined in section 1504 of the Code. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 51,040 

hours. 

OMB Number: 1545–1426. 

Type of Review: Extension. 

Title: INTL–21–91 (Temporary and 

Final) Section 6662—Imposition of the 

Accuracy-Related Penalty. 

Description: These regulations 

provide guidance about substantial and 

gross valuation misstatements as 

defined in sections 6662(e) and 6662(h). 

They also provide guidance about the 

reasonable cause and good faith 

exclusion. The regulations apply to 

taxpayers who have transactions 

between persons described in section 

482 and not section 482 transfer price 

adjustments. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 20,125 

hours. 

OMB Number: 1545–1973. 

Type of Review: Extension. 

Form: Schedule C–EZ (Form 1040). 

Title: Net Profit from Business. 

Description: Schedule C–EZ (Form 

1040) is used by individuals to report 

their employment taxes. The data is 

used to verify that the items reported on 

the form are correct and also for general 

statistical use. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

1,027,515 hours. 

OMB Number: 1545–0495. 

Type of Review: Revision. 

Form: 4506A. 

Title: Request for Public Inspection or 

Copy of Exempt or Political 

Organization IRS Form. 

Description: Internal Revenue Code 

section 6104 states that if an 

organization described in section 501(c) 

or (d) is exempt from taxation under 

section 50(a) for any taxable year, the 

application for exemption is open for 

public inspection. This includes all 

supporting documents, any letter or 

other documents issued by the IRS 

concerning the application, and certain 

annual returns of the organization. Form 

4506–A is used to request public 

inspection or a copy of these 

documents. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 20,200 

hours. 

OMB Number: 1545–1800. 

Type of Review: Extension. 

Form: 8886. 

Title: Reportable Transaction 

Disclosure Statement. 

Description: Regulation section 

1.6011–4 requires certain taxpayers to 

disclose reportable transactions in 

which they directly or indirectly 

participated. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 8,904 

hours. 

OMB Number: 1545–0771. 

Type of Review: Extension. 

Title: EE–63–88 (Final and temporary 

regulations) Taxation of Fringe Benefits 

and Exclusions from Gross Income for 

Certain Fringe Benefits; IA–140–86 

(Temporary) Fringe Benefits; Listed 

Property. 

Description: EE–63–88. This 

regulation provides guidance on the tax 

treatment of taxable and nontaxable 

fringe benefits and general and specific 

rules for the valuation of taxable fringe 

benefits in accordance with Code 

sections 61 and 132. The regulation also 

provides guidance on exclusions from 

gross income for certain fringe benefits. 

IA–140–86. This regulation provides 

guidance relating to the requirement 

that any deduction or credit with 

respect to business travel, 

entertainment, and gift expenses be 

substantiated with adequate records in 

accordance with Code section 274(d). 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

37,922,688 hours. 

OMB Number: 1545–1131. 

Type of Review: Extension. 

Title: INTL–485–89 (Final) Taxation 

of Gain or Loss from Certain 


jlentini on DSKJ8SOYB1PROD with NOTICES