Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 52153 

1Watco owns 100% of the issued and outstanding 

stock of YVRR. 2Although Watco indicated that this transaction 

would be consummated on or shortly after August 

9, 2005, YVRR, in STB Finance Docket No. 34737, 

indicated that the underlying lease transaction 

would not be consummated until August 15, 2005. 3 YVRR also seeks to acquire incidental, overhead 

trackage rights over the BNSF rail lines located 

between: (1) milepost 78.6, on the BNSF Sidney 

Subdivision, near Snowden, MT, and milepost 0.93, 

on the BNSF Scobey Subdivision, near Bainville, 

MT, via the BNSF Glasgow Subdivision between 

Snowden and Bainville; and (2) milepost 6.0, near 

Glendive, MT, and milepost 0.0, at Glendive, MT. 

15000 Aviation Blvd., Hawthorne, CA 

90250, telephone: (310) 725–3800, 

E-mail: Barry.Brayer@faa.gov, or Karen 

Trevino, National Park Service, Natural 

Sounds Program, 1201 Oakridge Dr., 

Suite 350, Ft. Collins, CO 80525, 

telephone (970) 225–3563, or 

Karen_Trevino@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Parks Air Tour 

Management Act of 2000 (the Act) was 

enacted on April 5, 2000, as Public Law 

106–181. The Act required the 

establishment of the advisory group 

within 1 year after its enactment. The 

NPOAG was established in March 2001. 

The advisory group is comprised of a 

balanced group of representatives of 

general aviation, commercial air tour 

operations, environmental concerns, 

and Native American tribes. The 

Administrator and the Director (or their 

designees) serve as ex officio members 

of the group. Representatives of the 

Administrator and Director serve 

alternating 1-year terms as chairman of 

the advisory group. 

By Order No. 1110–138, October 10, 

2003, the NPOAG became an aviation 

rulemaking committee (ARC). 

The NPOAG ARC provides ‘‘advice, 

information, and recommendations to 

the Administrator and the Director—

(1) On the implementation of this title 

[the Act] and the amendments made by 

this title; 

(2) On commonly accepted quiet 

aircraft technology for use in 

commercial air tour operations over a 

national park or tribal lands, which will 

receive preferential treatment in a given 

air tour management plan; 

(3) On other measures that might be 

taken to accommodate the interests of 

visitors to national parks; and 

(4) At the request of the Administrator 

and the Director, safety, environmental, 

and other issues related to commercial 

air tour operations over a national park 

or tribal lands.’’

Members of the NPOAG ARC may be 

allowed certain travel expenses as 

authorized by section 5703 of title 5, 

United States Code, for intermittent 

Government Service. 

The NPOAG ARC is made up of four 

members representing the air tour 

industry, four members representing 

environmental interests, and two 

members representing Native American 

interests. 

Public Participation in the NPOAG 

ARC 

In order to maintain the balanced 

representation of the group, the FAA 

and the NPS invite persons interested in 

serving on the NPOAG ARC to represent 

Indian Tribal interests to contact either 

of the persons listed in FOR FURTHER

INFORMATION CONTACT. Requests to serve 

on the NPOAG ARC should be made in 

writing and postmarked on or before. 

The request should indicate the Indian 

tribe that you are a member of, and what 

expertise you would bring to Native 

American interests while serving on the 

NPOAG. The term of service for NPOAG 

members is 3 years. 

Issued in Washington, DC on August 26, 

2005. 

William C. Withycombe, 

Regional Administrator, Western-Pacific 

Region. 

[FR Doc. 05–17385 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34736] 

Watco Companies, Inc.—Continuance 

in Control Exemption—Yellowstone 

Valley Railroad, Inc 

Watco Companies, Inc. (Watco), has 

filed a verified notice of exemption to 

continue in control of the Yellowstone 

Valley Railroad, Inc. (YVRR), upon 

YVRR’s becoming a Class III rail 

carrier.1

The transaction was scheduled to be 

consummated on or shortly after August 

9, 2005.2

This transaction is related to the 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

34737, Yellowstone Valley Railroad, 

Inc.—Lease and Operation Exemption—

BNSF Railway Company. In that 

proceeding, YVRR seeks to acquire by 

lease from the BNSF Railway Company 

and operate approximately 171.97 miles 

of rail line extending between: (1) 

Milepost 6.0, near Glendive, MT, and 

milepost 78.6, near Snowden, MT; and 

(2) milepost 0.93, near Bainville, MT, 

and milepost 100.3, near Scobey, MT.3

Watco, a Kansas corporation, is a 

noncarrier that currently controls 12 

Class III rail carriers: South Kansas and 

Oklahoma Railroad Company (SKO); 

Palouse River & Coulee City Railroad, 

Inc. (PRCC); Timber Rock Railroad, Inc. 

(TIBR); Stillwater Central Railroad, Inc. 

(SLWC); Eastern Idaho Railroad, Inc. 

(EIRR); Kansas & Oklahoma Railroad, 

Inc. (K&O); Pennsylvania Southwestern 

Railroad, Inc. (PSWR); Great Northwest 

Railroad, Inc. (GNR); Kaw River 

Railroad, Inc. (KRR); Mission Mountain 

Railroad, Inc. (MMT); Appalachian & 

Ohio Railroad, Inc. (AO); and 

Mississippi Southern Railroad, Inc. 

(MSRR). 

Applicant states that: (1) The rail lines 

operated by SKO, PRCC, TIBR, SLWC, 

EIRR, K&O, PSWR, GNR, KRR, MMT, 

AO and MSRR do not connect with the 

rail lines being leased by YVRR; (2) the 

continuance in control is not part of a 

series of anticipated transactions that 

would connect the rail lines being 

acquired by YVRR with any railroad in 

the Watco corporate family; and (3) 

neither YVRR nor any of the carriers 

controlled by Watco are Class I carriers. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). The purpose of the 

transaction is to reduce overhead 

expenses and coordinate billing, 

maintenance, mechanical and personnel 

policies and practices of applicant’s rail 

carrier subsidiaries and thereby improve 

the overall efficiency of rail service 

provided by the 13 railroads. 

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. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

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. 34736, 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 Karl Morell, 

Of Counsel, Ball Janik LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

52154 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 

1 YVRR is controlled by Watco Companies, Inc., 

a noncarrier that also controls twelve (12) Class III 

railroads operating in thirteen States. 

2By decision served in this proceeding on August 

10, 2005, Chairman Nober denied a request to stay 

the effectiveness of the exemption. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 23, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–17148 Filed 8–31–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34737] 

Yellowstone Valley Railroad, Inc.—

Lease and Operation Exemption—

BNSF Railway Company 

Yellowstone Valley Railroad, Inc. 

(YVRR), a noncarrier,1 has filed a 

verified notice of exemption under 49 

CFR 1150.31 to lease from BNSF 

Railway Company (BNSF) and operate 

two rail lines totaling 171.97 miles. The 

rail lines are located: (1) between 

milepost 6.0, near Glendive, MT, and 

milepost 78.6, near Snowden, MT; and 

(2) between milepost 0.93, near 

Bainville, MT, and milepost 100.3, near 

Scobey, MT. In conjunction with the 

lease of the rail lines, YVRR will acquire 

incidental, overhead trackage rights over 

the BNSF rail lines located between: (1) 

milepost 78.6, on the BNSF Sidney 

Subdivision near Snowden, MT, and 

milepost 0.93, on the BNSF Scobey 

Subdivision, near Bainville, MT, via the 

BNSF Glasgow Subdivision between 

Snowden and Bainville; and (2) 

milepost 6.0, near Glendive, MT, and 

milepost 0.0, at Glendive, MT. 

This transaction is related to STB 

Finance Docket No. 34736, Watco 

Companies, Inc.—Continuance in 

Control Exemption—Yellowstone Valley 

Railroad, Inc, wherein Watco 

Companies, Inc., has concurrently filed 

a verified notice of exemption to 

continue in control of YVRR upon 

YVRR’s becoming a Class III rail carrier. 

YVRR certifies that the projected 

annual revenues as a result of this 

transaction will not result in the 

creation of a Class II or Class I rail 

carrier, and further certifies that its 

projected annual revenues will not 

exceed $5 million. 

The transaction was scheduled to be 

consummated on August 15, 2005.2

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. 34737, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Karl Morell, 

Of Counsel, Ball Janik LLP, Suite 225, 

1455 F Street, NW., Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: August 23, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–17096 Filed 8–31–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

August 26, 2005. 

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 11000, 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

DATES: Written comments should be 

received on or before October 3, 2005 to 

be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–1498. 

Type of Review: Extension. 

Title: REG–209826–96 (NPRM) 

Application of the Grantor Trust Rules 

to Nonexempt Employees’ Trusts. 

Description: The regulations provide 

rules for the application of the grantor 

trust rules to certain nonexempt 

employees’ trust. Taxpayers must 

indicate on a return that they are relying 

on a special rule to reduce the over 

funded amount of the trust. 

Respondents: Business or other forprofit. 

Estimated Total Burden Hours: 1,000 

hours. 

OMB Number: 1545–1797. 

Type of Review: Extension. 

Title: REG–106876–00 (Final), 

Revision of Income Tax Regulations 

under Section 897, 1445 and 6109 to 

require use of Taxpayer Identifying 

Numbers on Submission under the 

Section 897 and 1445 Regulations. 

Description: The collection of 

information relates to applications for 

withholding certificates under Treas. 

Reg. 1.1445–3 to be filed with the IRS 

with respect to (1) dispositions of U.S. 

real property interests that have been 

used by foreign persons as a principled 

residence within the prior 5 years and 

excluded from gross income under 

section 121 and (2) dispositions of U.S. 

real property interests by foreign 

persons in deferred like kind exchanges 

that qualify for nonrecognition under 

section 1031. 

Respondents: Individuals or 

households and business or other-forprofit. 

Estimated Total Burden Hours: 600 

hours. 

OMB Number: 1545–1935. 

Type of Review: Extension. 

Title: Notice 2005–40 election to defer 

net experience loss in a multiemployer 

plan. 

Description: This notice describes the 

election that must be filed by an eligible 

multiemployer plan’s enrolled actuary 

to the Service in order to defer a net 

experience loss. The notice also 

describes that notification that must 

given to plan participants and 

beneficiaries, to labor organizations, to 

contributing employers and to the 

Pension Benefit Guaranty Corporation 

within 30 days of making an election 

with the Service and the certification 

that must be filed if a restricted 

amendment is adopted. 

Respondents: Business or other for 

profit and not-for-profit institutions. 

Estimated Total Burden Hours: 960 

hours. 

Clearance Officer: Glenn P. Kirkland, 

(202) 622–3428, Internal Revenue 

Service, Room 6516, 1111 Constitution 

Avenue, NW, Washington, DC 20224. 

OMB Reviewer: Alexander T. Hunt, 

(202) 395–7316, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503. 

Michael A. Robinson, 

Treasury PRA Clearance Officer. 

[FR Doc. 05–17421 Filed 8–31–05; 8:45 am] 

BILLING CODE 4830–01–P