Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 57645 

applications as the Medical Review 

Board work continues. 

V. Conclusion 

The Department and the Agency are 

committed to making our Nation’s 

highways safer by ensuring CMVs are 

being operated by medically qualified 

drivers. 

Issued on: September 27, 2005. 

Warren E. Hoemann, 

Deputy Administrator. 

[FR Doc. 05–19726 Filed 9–30–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) received 

a request for a waiver of compliance 

with certain requirements of its safety 

standards. The individual petition is 

described below, including the party 

seeking relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favour of relief. 

Eureka & Palisade Railroad—

Locomotive Number 4 

[Docket Number FRA–2005–21966] 

The Eureka & Palisade Railroad (EPR), 

a three-foot gage insular railroad, seeks 

a waiver of compliance from the 

requirements of Title 49 Code of Federal 

Regulations (CFR) § 230.17 One 

thousand four hundred seventy-two 

(1472) service day inspection for their 

locomotive number (EPR) 4. This 

locomotive was built by the Baldwin 

Locomotive Works, Philadelphia, 

Pennsylvania in 1875, and is one of only 

three remaining narrow gage 

‘‘American’’ type (with a wheel 

arrangement of 4–4–0) steam 

locomotives. The others are in the 

Smithsonian Institute in Washington, 

DC (Jupiter) and the California State 

Railroad Museum (Sonoma). The Eureka 

is the only one operational. 

The EPR is not engaged in general 

railroad transportation, providing only 

railroad tourist excursions on a limited 

schedule. The Eureka is normally on 

static display with limited operations on 

railroads, such as the Durango & 

Silverton Narrow Gage Railroad for 

special events such as their ‘‘Railfest’’. 

This waiver requests relief from the 

requirements of 49 CFR part 230 

Inspection and Maintenance Standards 

for Steam Locomotives, specifically 49 

CFR 230.17(a) General. FRA requires 

that before any steam locomotive is 

initially put in service or brought out of 

retirement, and after every 1472 service 

days or 15 years, which ever is earlier, 

a 1472 Service day inspection shall be 

performed. In the Eureka’s case, only 

126 service days have accumulated over 

the past 15 years, as the locomotive is 

only used one or two weeks per year. 

The locomotive is given the required 

annual inspections, stored in side a 

building, with the washout plugs 

removed to promote airflow and 

mitigate rust and wastage. The required 

new FRA Form 4 (boiler specification) 

was prepared, and is on file with the 

FRA. The thickness of the sheets was 

verified using non-destructive 

inspection methods, and a new front 

tube sheet was installed, with other 

minor repairs, at the time the tubes were 

installed. 

In summary, the EPR requests that 

this petition be granted because the 

tubes have very little service time, the 

number 4’s dry indoor storage 

conditions are nearly ideal for 

locomotive storage, and the financial 

burden on the individual that owns the 

locomotive to perform 1472 Service day 

inspection on a locomotive with only 

126 service days since a major overhaul. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2005–

21966) and must be submitted in 

triplicate to the Docket Clerk, DOT 

Central Docket Management Facility, 

Room Pl–401, Washington, DC 20590–

0001. Communications received within 

45 days of the date of this notice will 

be considered by FRA before final 

action is taken. Comments received after 

that date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at DOT 

Central Docket Management Facility, 

Room Pl–401 (Plaza Level), 400 Seventh 

Street SW., Washington. All documents 

in the public docket are also available 

for inspection and copying on the 

Internet at the docket facility’s Web site 

at http://dms.dot.gov. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19377–78). The 

statement may also be found at 

http://dms.dot.gov. 

Issued in Washington, DC. on September 

27, 2005. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 05–19736 Filed 9–30–05; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2005–22554; Notice 1] 

Michelin North America, Inc., Receipt 

of Petition for Decision of 

Inconsequential Noncompliance 

Michelin North America, Inc. 

(Michelin) has determined that certain 

tires it produced in 2005 do not comply 

with S4.3(d) and S4.3(e) of 49 CFR 

571.109, Federal Motor Vehicle Safety 

Standard (FMVSS) No. 109, ‘‘New 

pneumatic tires.’’ Michelin has filed an 

appropriate report pursuant to 49 CFR 

Part 573, ‘‘Defect and Noncompliance 

Reports.’’

Pursuant to 49 U.S.C. 30118(d) and 

30120(h), Michelin has petitioned for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. 

This notice of receipt of Michelin’s 

petition is published under 49 U.S.C. 

30118 and 30120 and does not represent 

any agency decision or other exercise of 

judgment concerning the merits of the 

petition. 

Michelin produced approximately 

9,816 BFGoodrich Radial T/A tires 

during the period from February 20, 

2005 through April 7, 2005 that do not 

comply with FMVSS No. 109, S4.3(d) 

and S4.3(e). S4.3 of FMVSS No. 109 

requires that ‘‘each tire shall have 

permanently molded into or onto both 

sidewalls * * * (d) The generic name of 

each cord material used in the plies 

* * * of the tire’’ and ‘‘(e) Actual 

number of plies in the sidewall, and the 

actual number of plies in the tread area 

if different.’’ The noncompliant tires 

57646 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 

were marked ‘‘tread plies 2 polyester + 

2 steel; sidewall plies 2 polyester + 1 

nylon.’’ The correct marking should 

read ‘‘tread plies 2 polyester + 2 steel + 

1 nylon; sidewall plies 2 polyester.’’

Michelin believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Michelin 

states that NHTSA has consistently 

found that ply labeling noncompliances 

are inconsequential to motor vehicle 

safety and has consistently granted 

inconsequential noncompliance 

petitions on that basis. Michelin also 

states that all load and inflation 

pressure markings are present and the 

noncompliant tires meet or exceed all of 

the FMVSS No. 109 minimum 

performance requirements. 

Interested persons are invited to 

submit written data, views, and 

arguments on the petition described 

above. Comments must refer to the 

docket and notice number cited at the 

beginning of this notice and be 

submitted by any of the following 

methods. Mail: Docket Management 

Facility, U.S. Department of 

Transportation, Nassif Building, Room 

PL–401, 400 Seventh Street, SW., 

Washington, DC, 20590–0001. Hand 

Delivery: Room PL–401 on the plaza 

level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC. It 

is requested, but not required, that two 

copies of the comments be provided. 

The Docket Section is open on 

weekdays from 10 a.m. to 5 p.m. except 

Federal Holidays. Comments may be 

submitted electronically by logging onto 

the Docket Management System Web 

site at http://dms.dot.gov. Click on 

‘‘Help’’ to obtain instructions for filing 

the document electronically. Comments 

may be faxed to 1–202–493–2251, or 

may be submitted to the Federal 

eRulemaking Portal: Go to http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: November 2, 

2005. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: September 27, 2005. 

Ronald L. Medford, 

Senior Associate Administrator for Vehicle 

Safety. 

[FR Doc. 05–19667 Filed 9–30–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

September 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 November 2, 2005 

to be assured of consideration. 

United States Mint 

OMB Number: 1505–0195. 

Type of Review: Revision. 

Title: Race and National Origin 

Identification. 

Form: Department of Treasury form 

TDF 35–08. 

Description: This form will be used to 

collect applicant race and national 

origin information electronically. The 

data will be used to help Treasury 

Bureaus identify barriers to selection 

and determine the demographics of the 

overall applicant pool. 

Respondents: Individuals and 

households. 

Estimated Number of Respondents: 

160,000. 

Estimated Total Reporting Burden: 

8,000 hours. 

Clearance Officer: Tracey Orrison 

(202) 622–0814, Department of the 

Treasury, 1750 Pennsylvania Avenue, 

NW., Suite 13446, Washington, DC 

20220. 

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. 05–19668 Filed 9–30–05; 8:45 am] 

BILLING CODE 4811–16–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

September 26, 2005. 

The Department of the 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 November 2, 2005 

after publication in the Federal Register 

to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0238. 

Type of Review: Extension. 

Title: Certain Gambling Winnings. 

Form: IRS form W–2G. 

Description: IRC section 6041 requires 

payers of certain gambling winnings to 

report them to IRS. If applicable, section 

3402(g) and section 3406 requires tax 

withholding on these winnings. IRS 

uses the information to ensure taxpayer 

income reporting compliance. 

Respondents: Business or other forprofit, not-for-profit institutions, State, 

Local or Tribal Government. 

Estimated Total Burden Hours: 

1,272,479 hours. 

OMB Number: 1545–0928. 

Type of Review: Extension. 

Title: REG–124667–02 (Final) 

Disclosure of Relative Values of 

Optional Forms of Benefit; EE–35–85 

(Final) Income Tax: Taxable Years 

Beginning after December 31, 1953; 

OMB Control Number Under the 

Paperwork Reduction Act; Survivor 

Benefits, Distribution Restriction and 

Various Other Issues Under the 

Retirement Equity Act of 1984. 

Description: These final regulations 

are required my statute and must be 

provided by employers to retirement 

plan participants to inform participants 

of their rights under the plan or under 

the law. Failure to timely notify 

participant of their rights may be result 

in loss of plan benefits. 

Respondents: Business or other for 

profit, not-for-profit institutions. 

Estimated Total Burden Hours: 

385,000 hours. 

OMB Number: 1545–1424.