5510 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices 

1Effective January 20, 2005, the name of ‘‘The 

Burlington Northern and Santa Fe Railway 

Company’’ was changed to ‘‘BNSF Railway 

Company.’’

ACTION: Proposed adoption of a Railroad 

Cost Recovery Procedures productivity 

adjustment. 

SUMMARY: The Surface Transportation 

Board proposes to adopt 1.035 (3.5%) as 

the measure of average change in 

railroad productivity for the 1999–2003 

(5-year) period. The current value of 

2.2% was developed for the 1998 to 

2002 period.

DATES: Comments are due February 16, 

2005.

EFFECTIVE DATE: The proposed 

productivity adjustment is effective 

March 3, 2005.

ADDRESSES: Send comments (an original 

and 10 copies) referring to STB Ex Parte 

No. 290 (Sub-No. 4) to: Surface 

Transportation Board, 1925 K Street, 

NW., Washington, DC 20423–0001.

FOR FURTHER INFORMATION CONTACT: H. 

Jeff Warren, (202) 565–1533. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339.

SUPPLEMENTARY INFORMATION:

Additional information is contained in 

the Board’s decision, which is available 

on our Web site http://www.stb.dot.gov. 

To purchase a copy of the full decision, 

write to, e-mail or call the Board’s 

contractor, ASAP Document Solutions; 

9332 Annapolis Rd., Suite 103, Lanham, 

MD 20706; e-mail asapdc@verizon.net; 

phone (202) 306–4004. [Assistance for 

the hearing impaired is available 

through FIRS: 1–800–877–8339.] 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

Pursuant to 5 U.S.C. 605(b), we 

conclude that our action will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act.

Decided: January 25, 2005.

By the Board, Chairman Nober, ViceChairman Buttrey, and Commissioner 

Mulvey. 

Vernon A. Williams, 

Secretary.

[FR Doc. 05–1909 Filed 2–1–05; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34652] 

BNSF Railway Company 1—Temporary 

Trackage Rights Exemption—Union 

Pacific Railroad Company 

Union Pacific Railroad Company (UP) 

has agreed to grant temporary overhead 

trackage rights to the BNSF Railway 

Company (BNSF) over UP’s rail line 

between Stockton, CA, UP milepost 

88.90 (Fresno Subdivision) and 

Bakersfield, CA, UP milepost 313.6 

(Mojave Subdivision), a distance of 

approximately 225 miles.

The transaction was scheduled to be 

consummated on January 23, 2005, and 

the temporary trackage rights are 

intended to expire on February 5, 2005. 

The purpose of the temporary trackage 

rights is to allow BNSF to bridge its 

train service while its main lines are out 

of service due to programmed track, 

roadbed, and structural maintenance. 

As a condition to this exemption, any 

employee affected by the acquisition of 

the temporary 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), and, in accordance with the 

decision of the United States Court of 

Appeals for the District of Columbia 

Circuit in United Transportation UnionGeneral Committee of Adjustment (GO–

386) v. Surface Transportation Board, 

No. 03–1212, 2004 U.S. App. LEXIS 

6496 (D.C. Cir. Apr. 6, 2004), any 

employee affected by the 

discontinuance of those trackage rights 

will be protected by the conditions set 

out in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

This notice is filed under 49 CFR 

1180.2(d)(8). 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. 34652, 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, PO Box 

961039, Fort Worth, TX 76161–0039. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: January 26, 2005.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 05–1908 Filed 2–1–05; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

[REG–154000–04] 

Proposed Collection; Comment 

Request for Regulation Project

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13(44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning 

proposed rulemaking regulations, REG–

154000–04 Notice of Proposed 

Rulemaking) Diesel Fuel and Kerosene 

Excise Tax; Dye Injection.

DATES: Written comments should be 

received on or before April 4, 2005 to 

be assured of consideration.

ADDRESSES: Direct all written comments 

to Paul Finger, Internal Revenue 

Service, room 6512, 1111 Constitution 

Avenue NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or 

copies of the regulations should be 

directed to Larnice Mack at Internal 

Revenue Service, room 6512, 1111 

Constitution Avenue NW., Washington, 

DC 20224, or at (202) 622–3179, or 

through the Internet at 

(Larnice.Mack@irs.gov).

SUPPLEMENTARY INFORMATION: 

Title: Notice of Proposed Rulemaking; 

Diesel Fuel and Kerosene Excise Tax; 

Dye Injection. 

OMB Number: 1545–1418. 

Regulation Project Number: REG–

154000–04.