Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Notices 47109

1City is a political subdivision of the State of

Washington.

1WSOR and WICT are commonly-controlled by

William E. Gardner. WSOR operates in the State of

Wisconsin, and WICT operates in the States of

Wisconsin and Illinois.

headlamps reflector area. This is the case but

the marking does not appear at the correct

location. We [Hella] do not see any violation

of highway safety because the bulb and

socket system have indexing features that

prevent a misuse or wrong insertion into a

headlamp where the bulb is not designed to

be used for. So, only some kind of irritation

may occur whenever a bulb has to [be]

replaced. Another important aspect will be

that the relevant vehicles are not sold to a

random experienced motorist but only to

professionals and the service of the bus will

also be done by an experienced staff.

VAN HOOL’s representative in the U.S.A.:

Distributor, ABC Coach Inc.,7469 West

Highway, Winter Garden, FL 32787 USA,

will be informed about this case. The total

number of buses involved will be 300 within

the next two years.

In November 1996 and December 1996

each two vehicles are already delivered. The

next scheduled delivery will be in April 1997

(13 buses).

Remedy action: A warning label on the

back of the headlamp housing near the bulbs

indicates the correct bulb type designation to

be used. (A retooling or labeling of the lens

with the proper markings will cause the

headlamp photometry to fail in terms of

photometric performance.)

Discussion and Decision

The National Highway Traffic Safety

Administration (NHTSA) concurs with

the Hella statements that the HB3 and

HB4 bulb socket systems have indexing

features (a key system) that prevent a

misuse or wrong bulb insertion into a

headlamp where the bulb is not

designed to be used in that specific

headlamp, i.e., a HB3 bulb can not be

inserted into a headlamp designed to

accept a HB4 bulb and vice versa. Hella

stated that it would implement a

remedy action of a warning label on the

back of the headlamp housing near the

bulb indicating the correct bulb type

designation to be used as a replacement.

NHTSA believes that this labeling will

be useful in ameliorating the lack of

proper marking on the face of the

headlamp lens, so that information

regarding the correct replacement bulb

is clearly available to an individual

wishing to replace the bulb.

Additionally, Hella has stated in its

letter of application that the vehicles

that are equipped with the mislabeled

bulbs will not be sold to the general

public, but to a professional service

with an experienced staff. The

implication of this statement is that the

experienced staff would better

understand that the bulbs were

mislabeled.

As a result of the action being taken

by Hella, and because of the bulb and

socket key design, NHTSA has

concluded that Hella has met its burden

of persuasion that the noncompliance

herein described is inconsequential to

motor vehicle safety. Consequently,

NHTSA is granting the application for

exemption from notification of the

noncompliance as required by 49 U.S.C.

30118 and from remedy as required by

49 U.S.C. 30120.

It should be noted that the agency’s

authority under the inconsequentiality

provisions is limited to providing relief

from the obligation to notify and remedy

noncompliance for items already sold to

customers. Accordingly, further sale or

distribution of such headlamps as Hella

has determined do not conform to

FMVSS No. 108, whether by Hella or its

distributors, would be a violation of 49

U.S.C. 30112(a), and render the violators

liable for civil penalties. In its letter of

application for an inconsequential

noncompliance to the agency Hella

stated that in November 1996 and

December 1996 two vehicles each, with

the mislabeled headlamps were

delivered to their customer. Hella

further stated that the next delivery was

scheduled for April 1997 (13 buses).

The total number of buses equipped

with the subject bulbs will be 300

within the next two years. NHTSA, in

an April 1997 letter to VAN HOOL

buses, Hella, and other appropriate

parties, advised that the Hella

application for inconsequential

noncompliance is applicable only to the

four buses mentioned in its letter of

application, delivered before the filing

of Hella’s application.

(49 U.S.C. 30118 and 30120; delegations of

authority at 49 CFR 1.50 and 501.8)

Issued on: August 29, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–23509 Filed 9–4–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33446]

City of Anacortes—Acquisition and

Operation Exemption—The Burlington

Northern and Santa Fe Railway

Company

The City of Anacortes (City),1 a

noncarrier, has filed a verified notice of

exemption under 49 CFR 1150.31 to

acquire from The Burlington Northern

and Santa Fe Railway Company and to

operate approximately 3.98 miles of rail

line known as the Anacortes Branch

from its endpoint at milepost 0.0, in

Anacortes, to milepost 3.98, near

Fidalgo, in Skagit County, WA.

The transaction was scheduled to be

consummated on or after the August 20,

1997 effective date of the exemption.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding 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. 33446, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Charles H.

Montange, 426 NW 162d Street, Seattle,

WA 98177.

Decided: August 28, 1997.

By the Board, David M. Konschnik, Director,

Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–23461 Filed 9–4–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33450]

Wisconsin & Southern Railroad Co.—

Corporate Family Transaction

Exemption—Wisconsin and Calumet

Railroad Company

Wisconsin & Southern Railroad Co.

(WSOR) and Wisconsin and Calumet

Railroad Company (WICT),1 Class III

railroads, have jointly filed a verified

notice of exemption. The exempt

transaction is a merger of WICT into

WSOR.

The transaction is expected to be

consummated on or about September 1,

1997.

The proposed merger is intended to

enhance operating economies, improve

service, foster greater operating

efficiency, simplify the corporate

structure, unify accounting and billing,

and improve the financial viability of

the surviving corporation.

This is a transaction within a

corporate family of the type specifically

exempted from prior review and

approval under 49 CFR 1180.2(d)(3).

The parties state that the transaction
47110 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Notices

will not result in adverse changes in

service levels, significant operational

changes, or a change in the competitive

balance with carriers outside the

corporate family.

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326(c), however,

does not provide for labor protection for

transactions under sections 11324 and

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33450, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Robert A.

Wimbish, Esq., Rea, Cross &

Auchincloss, 1920 N Street, N.W., Suite

420, Washington, DC 20036.

Decided: August 28, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–23459 Filed 9–4–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Submission to OMB for Review;

Comment Request

August 26, 1997.

The Department of Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1995,

Public Law 104–13. 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 2110, 1425 New York

Avenue, NW., Washington, DC 20220.

Internal Revenue Service (IRS)

OMB Number: 1545–0089.

Form Number: IRS Form 1040NR.

Type of Review: Revision.

Title: U.S. Nonresident Alien Income

Tax Return.

Description: The form is used by

nonresident alien individuals and

foreign estates and trusts to report their

income subject to tax and compute the

correct tax liability. The information on

the return is used to determine whether

income, deductions, credits, payments,

etc., are correctly figured. Affected

public are nonresident alien

individuals, estates, and trusts.

Respondents: Individuals or

households, Business or other for-profit,

Farms.

Estimated Number of Respondents/

Recordkeepers: 271,000.

Estimated Burden Hours Per

Respondent/Recordkeeper:

Recordkeeping—6 hours, 40 min.

Learning about the law or the form—

1 hour, 44 min.

Preparing the form—3 hours, 58 min.

Copying, assembling, and sending the

form to the IRS—1 hour, 40 min.

Frequency of Response: Annually.

Estimated Total Reporting/

Recordkeeping Burden: 3,474,575 hours.

Clearance Officer: Garrick Shear (202)

622–3869, Internal Revenue Service,

Room 5571, 1111 Constitution Avenue,

NW, Washington, DC 20224.

OMB Reviewer: Alexander T. Hunt

(202) 395–7860, Office of Management

and Budget, Room 10226, New

Executive Office Building, Washington,

DC 20503.

Lois K. Holland,

Departmental Reports Management Officer.

[FR Doc. 97–23592 Filed 9–4–97; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Submission to OMB for Review;

Comment Request

August 27, 1997.

The Department of Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1995,

Public Law 104–13. 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 2110, 1425 New York

Avenue, NW., Washington, DC 20220.

Internal Revenue Service (IRS)

OMB Number: 1545–0123.

Form Number: IRS Form 1120,

Schedule D, Schedule H, and Schedule

PH.

Type of Review: Revision.

Title: U.S. Corporation Income Tax

Return 1120); Capital Gains and Losses

(Schedule D); Section 280H Limitations

for a Personal Service Corporation (PSC)

(Schedule H); and U.S. Personal

Holding Company (PHC) Tax (Schedule

PH).

Description: Form 1120 is used by

corporations to compute their taxable

income and tax liability. Schedule D

(Form 1120) is used by corporations to

report gains and losses from the sale of

capital assets. Schedule PH (Form 1120)

is used by personal holding companies

to figure the personal holding company

tax under section 541. Schedule H

(Form 1120) is used by personal service

corporations to determine if they have

met the minimum distribution

requirements of section 280H. The IRS

uses these forms to determine whether

corporations have correctly computed

their tax liability.

Respondents: Business or other forprofit, Farms.

Estimated Number of Respondents/

Recordkeepers: 2,462,931.

Estimated Burden Hours Per

Respondent/Recordkeeper:

Form Recordkeeping Learning about the

law of the form Preparing the form

Copying, assembling, and

ending the form

to the IRS

1120 ........................................................................... 71 hr., 31 min. ........... 41 hr., 46 min. ........... 71 hr., 2 min. ............. 7 hr., 47 min.

1120-A ....................................................................... 43 hr., 3 min. ............. 24 hr., 8 min. ............. 41 hr., 43 min. ........... 4 hr., 34 min.

Schedule D ................................................................ 6 hr., 56 min. ............. 3 hr., 31 min. ............. 5 hr., 39 min. ............. 32 min.

Schedule H ................................................................ 5 hr., 59 min. ............. 35 min. ...................... 43 min. ...................... 0 min.

Schedule PH .............................................................. 15 hr., 19 min. ........... 6 hr., 12 min. ............. 8 hr., 35 min. ............. 32 min.