54972 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Notices 

7See Securities Exchange Act Release No. 28731 

(January 2, 1991), 56 FR 906 (January 9, 1991) (SR–

NASD–90–61). 

8 15 U.S.C. 78s(b)(2). 

9 17 CFR 200.30–3(a)(12). 

has previously approved a similar 

proposal by another self-regulatory 

organization.7

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,8 that the 

proposed rule change (SR–Amex–2005–

024) be, and it hereby is, approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–18550 Filed 9–16–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Policy Statement Number PS–ACE100–

2005–10038] 

Policy on Bonded Joints and 

Structures—Technical Issues and 

Certification Considerations 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of issuance of policy 

statement. 

SUMMARY: This notice announces the 

issuance of a Federal Aviation 

Administration (FAA) policy for 

certification of bonded structures. This 

notice is necessary to advise the public, 

especially manufacturers of normal, and 

acrobatic category airplanes, and 

commuter category airplanes and their 

suppliers, that the FAA has adopted a 

policy on bonded joints and structures. 

DATES: Policy statement PS–ACE100–

2005–10038 was issued by the Manager 

of the Small Airplane Directorate on 

September 2, 2005. 

How to Obtain Copies: A paper copy 

of policy statement may be obtained by 

writing to the following: Small Airplane 

Directorate, Standards Office (ACE–

110), Aircraft Certification Service, 

Federal Aviation Administration, 901 

Locust Street, Room 301, Kansas City, 

MO 64106. The policy statement will 

also be available on the Internet at the 

following address http://www.faa.gov/ 

regulations_policies/. 

FOR FURTHER INFORMATION CONTACT: 

Lester Cheng, Federal Aviation 

Administration, Small Airplane 

Directorate, Regulations & Policy, ACE–

111, 901 Locust Street, Room 301, 

Kansas City, Missouri 64106; telephone: 

(316) 946–4111; fax: 816–4090; e-mail: 

lester.cheng@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

We announced the availability of the 

policy statement on May 27, 2005 (70 

FR 30829). We revised the policy in 

response to the comments, and the 

policy has been adopted. 

Issued in Kansas City, Missouri on 

September 12, 2005. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–18504 Filed 9–16–05; 8:45am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–05–21436] 

Highway Safety Programs; Conforming 

Products List of Screening Devices to 

Measure Alcohol in Bodily Fluids 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice. 

SUMMARY: This Notice amends and 

updates the list of devices that conform 

to the Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. 

EFFECTIVE DATE: September 19, 2005. 

FOR FURTHER INFORMATION CONTACT: Dr. 

James F. Frank, Office of Research and 

Technology, Behavioral Research 

Division (NTI–131), National Highway 

Traffic Safety Administration, 400 

Seventh Street, SW., Washington, DC 

20590; Telephone: (202) 366–5593. 

SUPPLEMENTARY INFORMATION: On August 

2, 1994, NHTSA published Model 

Specifications for Screening Devices to 

Measure Alcohol in Bodily Fluids (59 

FR 39382). These specifications 

established performance criteria and 

methods for testing alcohol screening 

devices to measure alcohol content. The 

specifications support State laws that 

target youthful offenders (e.g., ‘‘zero 

tolerance’’ laws) and the Department of 

Transportation’s workplace alcohol 

testing program. NHTSA published its 

first Conforming Products List (CPL) for 

screening devices on December 2, 1994 

(59 FR 61923, with corrections on 

December 16, 1994 in 59 FR 65128), 

identifying the devices that meet 

NHTSA’s Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. Five (5) devices 

appeared on that first list. Thereafter, 

NHTSA amended the CPL on August 15, 

1995 (60 FR 42214) and on May 4, 2001 

(66 FR 22639), adding seven (7) devices 

to the CPL in those two (2) actions. 

Since the publication of the last CPL, 

NHTSA has evaluated additional 

devices at the Volpe National 

Transportation Systems Center (VNTSC) 

in Cambridge, Massachusetts, resulting 

in the following changes to the CPL. 

(1) AK Solutions, Inc. of Palisades 

Park, New Jersey submitted seven (7) 

different electronic screening devices 

for testing, all of which use a semiconductor sensor. Their trade names 

are: (a) ‘‘Alcoscan AL–2500’’; (b) 

‘‘AlcoChecker’’; (c) ‘‘AlcoKey’’; (d) 

‘‘AlcoMate’’; (e) ‘‘AlcoMate Pro’’; (f) 

‘‘Alcoscan AL–5000’’; and (g) Alcoscan 

AL–6000. All of these devices meet the 

NHTSA Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. 

(2) Guth Laboratories, Inc. of 

Harrisburg, Pennsylvania submitted for 

testing the ‘‘Alcotector WAT89EC–1’’

screening device, an electronic device 

that uses a fuel cell sensor and has a 

digital display. This device meets the 

NHTSA Model Specifications for 

Screening Devices to Measure Alcohol 

in Bodily Fluids. 

(3) Q–3 Innovations, Inc. of 

Independence, Iowa submitted for 

testing the ‘‘Alcohawk Precision,’’ an 

electronic screening device that uses a 

semiconductor sensor and has a digital 

display. This device meets the NHTSA 

Model Specifications for Screening 

Devices to Measure Alcohol in Bodily 

Fluids. 

(4) Q–3 Innovations, Inc. certified that 

it also sells the ‘‘Alcohawk Elite,’’

which is the same technical device as 

the ‘‘Alcohawk Precision,’’ and has 

only cosmetic differences not related to 

the alcohol-measuring capability of the 

device. Hence, the ‘‘Alcohawk Elite’’

will also be listed on the CPL. Q–3 

Innovations, Inc. also sells the 

‘‘Alcohawk ABI’’, which is the same 

device as the ‘‘ABI’’ manufactured by 

Han International Co., Ltd. of Seoul, 

Korea. As the Han ‘‘ABI’’ already 

appears on the CPL, and Han 

International has certified that the 

‘‘Alcohawk ABI’’ is the same device, 

the ‘‘Alcohawk ABI’’ will also be listed 

on the CPL. Finally, Q–3 Innovations 

sells the ‘‘Alcohawk PRO’’, also 

manufactured by Han International. 

This device was previously submitted 

by AK Solutions, Inc. and approved for 

inclusion on the CPL. While Han 

International continues to manufacture 

the device, it is now sold as the 

‘‘Alcohawk PRO’’ by Q–3 Innovations, 

Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Notices 54973 

Inc. Hence, the ‘‘Alcohawk PRO’’ will 

also be added to the CPL. 

(5) Seju Co., of Korea submitted the 

‘‘Safe-Slim’’ handheld, electronic 

screening device that uses a semiconductor sensor. It meets the NHTSA 

Model Specifications for Screening 

Devices to Measure Alcohol in Bodily 

Fluids. 

All of the above devices are being 

added to the CPL with this publication. 

(6) When NHTSA published the CPL 

on May 4, 2001, it added the ‘‘Alcohol 

√’’ manufactured by Akers Laboratories, 

Inc. After that date, Akers Laboratories, 

Inc. changed its name to Akers 

Biosciences, Inc. and continued 

distributing a device that NHTSA 

understood to be the same device tested 

and approved for listing on the CPL in 

May, 2001. The Akers device listed on 

the CPL is no longer manufactured. 

Accordingly, the ‘‘Alcohol √’’ is being 

removed from the CPL with this 

publication. No other Akers device 

currently is approved for inclusion on 

the CPL. 

In addition to the above changes, 

NHTSA is making the following 

housekeeping changes to the CPL: 

(7) OraSure Technologies, Inc. of 

Bethlehem, Pennsylvania continues to 

manufacture the Q.E.D. A150 Saliva 

Alcohol Test. On the previous CPL, 

NHTSA listed STC Technologies, Inc. as 

a manufacturer of the same device. STC 

Technologies, Inc. changed its name to 

OraSure Technologies, Inc. OraSure 

Technologies, Inc. has certified that no 

unexpired devices called the Q.E.D. 

A150 Saliva Alcohol Test and sold 

under the STC Technologies, Inc label 

exist in the marketplace. Hence, NHTSA 

is removing the name STC 

Technologies, Inc. from the CPL. 

(8) Alco Check International, Inc. of 

Hudsonville, Michigan has certified that 

the ‘‘Alco Screen 3000’’ is no longer in 

service, was sold under a private label 

for only a very brief period of time, and 

none has been serviced for at least five 

years. Accordingly, the manufacturer 

concurs with the removal of the device 

from the CPL. 

(9) Sound Off, Inc. of Hudsonville, 

Michigan has certified that the ‘‘Alco 

Screen 1000’’ is no longer in service, 

was sold under a private label for only 

a very brief period of time, and none has 

been serviced for at least five years. 

Accordingly, the manufacturer concurs 

with the removal of the device from the 

CPL. 

(10) PAS Systems International, Inc. 

of Fredericksburg, Virginia has certified 

that the ‘‘PAS IIIa’’ device has not been 

manufactured for more than five years, 

and no instruments have been returned 

for service or calibration during the past 

five years. Accordingly, the 

manufacturer concurs with the removal 

of the device from the CPL. 

(11) Varian Inc. of Lake Forest, 

California acquired the ‘‘On-Site 

Alcohol’’ saliva-alcohol screening 

device previously owned by Roche 

Diagnostics Systems. Varian, Inc. has 

certified that the ‘‘On-Site Alcohol’’

device they are selling is identical to the 

device previously sold by Roche. 

Accordingly, this CPL will list the 

Varian, Inc. ‘‘On-Site Alcohol’’ salivaalcohol screening device. The Roche 

Diagnostics device will be removed 

from the CPL. The Roche device had a 

shelf-life of one year, and Varian began 

selling the device more than one year 

ago. Therefore, any of these devices that 

might exist in the marketplace has 

expired, warranting removal of the 

Roche Diagnostics device from the CPL. 

Consistent with paragraphs (1) 

through (11) above, NHTSA amends the 

Conforming Products List of Screening 

Devices to Measure Alcohol in Bodily 

Fluids to read as follows: 

CONFORMING PRODUCTS LIST OF ALCOHOL SCREENING DEVICES

Manufacturer Device(s) 

AK Solutions, Inc., Palisades Park, NJ 1 .................................................................................................. Alcoscan AL–2500. 

AlcoChecker. 

AlcoKey. 

EAlcoMate. 

AlcoMate Pro. 

Alcoscan AL–5000. 

Alcoscan AL–6000. 

Alco Check International, Hudsonville, MI ............................................................................................... Alco Check 3000 D.O.T. 

Alco Check 9000. 

Chematics, Inc., North Webster, IN ......................................................................................................... ALCO-SCREEN 02TM. 2

Guth Laboratories, Inc., Harrisburg, PA .................................................................................................. Alco Tector Mark X. 

Mark X Alcohol Checker. 

Alcotector WAT89EC–1. 

Han International Co., Ltd., Seoul, Korea 3 .............................................................................................. A.B.I. (Alcohol Breath Indicator). 

OraSure Technologies, Inc., Bethlehem, PA ........................................................................................... Q.E.D. A150 Saliva Alcohol Test. 

PAS Systems International, Inc., Fredericksburg, VA ............................................................................. PAS Vr. 

Q3 Innovations, Inc., Independence, IA4 ................................................................................................ Alcohawk Precision. 

Alcohawk Elite. 

Alcohawk ABI. 

Alcohawk PRO. 

Repco Marketing, Inc., Raleigh, NC ........................................................................................................ Alco Tec III. 

Seju Co. of Taejeon, Korea ..................................................................................................................... Safe-Slim. 

Sound Off, Inc., Hudsonville, MI .............................................................................................................. Digitox D.O.T. 

Varian, Inc., Lake Forest, CA .................................................................................................................. Q.E.D. A150 Saliva Alcohol Test. 5

The devices manufactured by Chematics, Inc., OraSure Technologies, Inc., and Varian, Inc. are all single-use, disposable saliva alcohol test devices. All of the other devices listed on the CPL are electronic breath testers. The device called the ‘‘Alcotector WAT89EC–1’’ manufactured 

by Guth Laboratories, Inc. and the PAS Vr device manufactured by PAS Systems International, Inc. use fuel-cell sensors, whereas all other 

electronic devices listed on the CPL use semi-conductor sensors. 

1The AlcoMate was manufactured by Han International of Seoul, Korea, but marketed and sold in the U.S. by AK Solutions. 

54974 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Notices 

1UP acquired the nonexclusive right to use the 

Joint Trackage under an agreement dated January 

27, 1972, by and between the Oregon-Washington 

Railroad & Navigation Company, and its lessees, UP 

and Burlington Northern Inc. (BNSF’s predecessor 

in interest), as amended by a supplemental 

agreement dated May 6, 1982 (collectively, the 

Agreement). 

2While the ALCO-SCREEN 02TM saliva-alcohol screening device manufactured by Chematics, Inc. passed the requirements of the Model 

Specifications when tested at 40 °C (104 °F), the manufacturer has indicated that the device cannot exceed storage temperatures of 27 ° (80 °F). 

Instructions to this effect are stated on all packaging accompanying the device. Accordingly, the device should not be stored at temperatures 

above 27 °C (80 °F). If the device is stored at or below 27 °C (80 °F) and used at higher temperatures (i.e., within a minute), the device meets the 

Model Specifications and the results persist for 10–15 minutes. If the device is stored at or below 27 °C (80 °F) and equilibrated at 40 °C (104 °F) 

for an hour prior to sample application, the device fails to meet the Model Specifications. Storage at temperatures above 27 °C (80 °F), for even 

brief periods of time, may result in false negative readings. 3 Han International does not market or sell devices directly in the U. S. market. Other devices manufactured by Han International are listed 

under AK Solutions, Inc. and Q–3 Innovations, Inc. 4The AlcoHawk ABI is the same device as that listed under Han International as the ‘‘ABI’’ and is manufactured for Q–3 Innovations by Han 

International. The Alcohawk PRO is the same device as the AlcoMate marketed and sold by AK Solutions, and also manufactured by Han International. 5While this device passed all of the requirements of the Model Specifications, readings should be taken only after the time specified by the 

manufacturer. For valid readings, the user should follow the manufacturer’s instructions. Readings should be taken one (1) minute after a sample 

is introduced at or above 30 °C (86 °F); readings should be taken after two (2) minutes at 18 °C–29 °C (64.4 °–84.2 °F); and readings should be 

taken after five (5) minutes when testing at temperatures at or below 17 °C (62.6 °F). If the reading is taken before five (5) minutes has elapsed 

under the cold conditions, the user is likely to obtain a reading that underestimates the actual saliva-alcohol level. 

Issued on: September 13, 2005. 

Marilena Amoni, 

Associate Administrator for Program 

Development and Delivery. 

[FR Doc. 05–18501 Filed 9–16–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Release of Waybill Data 

The Surface Transportation Board has 

received a request from Baker & Miller 

PLLC on behalf of the Kansas City 

Southern Railway Company (WB595–

3—9/6/2005) for permission to use 

certain data from the Board’s 2002–2004 

Carload Waybill Samples. A copy of the 

requests may be obtained from the 

Office of Economics, Environmental 

Analysis, and Administration. 

The waybill sample contains 

confidential railroad and shipper data; 

therefore, if any parties object to these 

requests, they should file their 

objections with the Director of the 

Board’s Office of Economics, 

Environmental Analysis, and 

Administration within 14 calendar days 

of the date of this notice. The rules for 

release of waybill data are codified at 49 

CFR 1244.9. 

Contact: Mac Frampton, (202) 565–

1541. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–18568 Filed 9–16–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34732] 

Union Pacific Railroad Company—

Trackage Rights Exemption—BNSF 

Railway Company 

BNSF Railway Company (BNSF), 

pursuant to a modified written trackage 

rights agreement entered into between 

BNSF and Union Pacific Railroad 

Company (UP), submits this verified 

notice for an exemption of the modified 

written trackage rights agreement 

governing UP’s existing overhead 

trackage rights over BNSF’s line of 

railroad between MP 365.85 at UP Jct., 

WA, and MP 365.14 at Fish Lake, WA, 

approximately 0.70 miles, on BNSF’s 

Spokane Subdivision (the Joint 

Trackage).1 The modification of trackage 

rights relates to UP’s assumption of 

maintenance functions for a particular 

segment of the Joint Trackage, except for 

signal maintenance which will continue 

to be the responsibility of BNSF. UP 

will continue to have rights to use the 

Joint Trackage as provided in the 

Agreement. 

The transaction was scheduled to be 

consummated on September 6, 2005, 

and operations under this exemption 

were planned to begin on that date. 

The purpose of this transaction is to 

modify the Agreement to change the 

maintenance obligations in order to 

promote operating and maintenance 

efficiencies and better align the parties’

maintenance obligations relative to 

usage. 

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 it 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. 34732, 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 Sarah W. 

Bailiff, BNSF RAILWAY COMPANY, 

2500 Lou Menk Drive, 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: By the Board, David M. 

Konschnik, Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–18413 Filed 9–16–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission to OMB for Approval and 

Request for Comment for Form 1040 

and Schedules A, B, C, C–EZ, D, D–1, 

E, EIC, F, H, J, R, and SE, Form 1040A 

and Schedules 1, 2, and 3, Form 

1040EZ, Form 1040X, and All 

Attachments to These Forms 

SUMMARY: The Department of the 

Treasury has submitted the public 

information collections described in this 

notice to the Office of Management and 

Budget (OMB) for review and approval 

under the Paperwork Reduction Act of 

1995, Public Law 104–13. 

DATES: Written comments should be 

received on or before October 19, 2005, 

to be assured of consideration. 

ADDRESSES: Copies of the submission 

may be obtained by contacting the 

Internal Revenue Service by e-mail 

(Glenn.P.Kirkland@irs.gov) or by calling 

(202) 622–3428 (not a toll-free call). 

Comments regarding this information 

collection should be addressed to OMB 

by e-mail 

(Alexander_T._Hunt@omb.eop.gov) or 

by paper mail to Desk Officer for the