59116 Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Notices 

Description of Respondents: U.S. 

citizens who own foreign-registered 

vessels. 

Annual Responses: 80 responses. 

Annual Burden: 40 hours. 

Comments: Comments should refer to 

the docket number that appears at the 

top of this document. Written comments 

may be submitted to the Docket Clerk, 

U.S. DOT Dockets, Room PL–401, 400 

Seventh Street Southwest, Washington, 

DC 20590. Comments also may be 

submitted by electronic means via the 

Internet at http://dms.dot.gov/submit. 

Specifically address whether this 

information collection is necessary for 

proper performance of the functions of 

the agency and will have practical 

utility, accuracy of the burden 

estimates, ways to minimize this 

burden, and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. All 

comments received will be available for 

examination at the above address 

between 10 a.m. and 5 p.m. EDT (or 

EST), Monday through Friday, except 

Federal Holidays. An electronic version 

of this document is available on the 

World Wide Web at http://dms.dot.gov. 

Privacy Act: 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 19477–78) or you 

may visit http://dms.dot.gov. 

(Authority: 49 CFR 1.66.). 

Dated: October 4, 2005. 

By Order of the Maritime Administrator, 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 05–20359 Filed 10–7–05; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. 2005 22651] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

Indigo Star. 

SUMMARY: As authorized by Public Law 

105–383 and Public Law 107–295, the 

Secretary of Transportation, as 

represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket 2005–22651 at 

http://dms.dot.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with Public Law 105–383 

and MARAD’s regulations at 46 CFR 

part 388 (68 FR 23084; April 30, 2003), 

that the issuance of the waiver will have 

an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 

U.S.-flag vessels in that business, a 

waiver will not be granted. Comments 

should refer to the docket number of 

this notice and the vessel name in order 

for MARAD to properly consider the 

comments. Comments should also state 

the commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

November 10, 2005. 

ADDRESSES: Comments should refer to 

docket number MARAD–2005 22651. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. DOT Dockets, Room PL–401, 

Department of Transportation, 400 7th 

St., SW., Washington, DC 20590–0001. 

You may also send comments 

electronically via the Internet at http:// 

dmses.dot.gov/submit/. All comments 

will become part of this docket and will 

be available for inspection and copying 

at the above address between 10 a.m. 

and 5 p.m., E.T., Monday through 

Friday, except Federal holidays. An 

electronic version of this document and 

all documents entered into this docket 

is available on the World Wide Web at 

http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Cassidy, U.S. Department of 

Transportation, Maritime 

Administration, MAR–830 Room 7201, 

400 Seventh Street, SW., Washington, 

DC 20590. Telephone 202–366–5506. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel Snow Goose is: 

Intended Use: ‘‘Sightseeing, 

educational, and other charters 

involving the conveyance of paying 

passengers.’’

Geographic Region: Great Lakes, 

Mississippi River, its tributaries, and all 

rivers and their tributaries east of the 

Mississippi River, harbors and other 

inland waterways east of the Mississippi 

River, and the coastal, intercoastal 

canals and near coastal waters of the 

East Coast (Atlantic Ocean) and Gulf 

Coast (Gulf of Mexico). 

Dated: October 4, 2005. 

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 05–20358 Filed 10–7–05; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA 2005–22118; Notice 2] 

Eaton Aeroquip, Inc., Grant of Petition 

for Decision of Inconsequential 

Noncompliance 

Eaton Aeroquip, Inc. (Eaton) has 

determined that the end fittings that it 

produced for nylon air brake hoses do 

not comply with S7.2.2(d) of 49 CFR 

571.106, Federal Motor Vehicle Safety 

Standard (FMVSS) No. 106, ‘‘Brake 

hoses.’’ Pursuant to 49 U.S.C. 30118(d) 

and 30120(h), Eaton has petitioned for 

a determination that this 

noncompliance is inconsequential to 

motor vehicle safety and has filed an 

appropriate report pursuant to 49 CFR 

part 573, ‘‘Defect and Noncompliance 

Reports.’’ Notice of receipt of a petition 

was published, with a 30-day comment 

period, on August 25, 2005, in the 

Federal Register (70 FR 49972). NHTSA 

received no comments. 

Affected are a total of approximately 

7,784,614 end fittings produced from 

2001 to June 30, 2005, plus an 

indeterminate number of end fittings 

produced prior to 2001 for which 

records are not available (Eaton 

acquired the end fitting manufacturing 

business on November 1, 2002). 

S7.2.2(d) of FMVSS No. 106 requires 

that each fitting shall be etched, 

embossed, or stamped with 

(d) The * * * outside diameter of the 

plastic tubing to which the fitting is properly 

attached expressed in inches or fractions of 

inches or in millimeters followed by the 

letters OD * * *. 

The subject end fittings are missing 

the letters OD from their labels. 

Eaton believes that the 

noncompliance is inconsequential to 

motor vehicle safety and that no 

corrective action is warranted. Eaton 

states that the purpose of the letters OD 

on the label is to indicate that the 

measurement refers to the outside 

Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Notices 59117 

1ORC operates the involved line, which is owned 

by ORDC, an independent commission within the 

Ohio Department of Transportation. 

2CUOH is a wholly owned subsidiary of Summit 

View, Inc., a noncarrier holding company. 

3The Piney Fork Line extends between 

approximately milepost 43.5 in Minerva, OH, on 

the north, and approximately milepost 77.7 in 

Hopedale, OH, on the south. 

diameter of a plastic tube as opposed to 

the inside diameter. Eaton points out 

that if the end user was to assume that 

the measurement referred to the inside 

diameter because of the absence of the 

letters OD, it ‘‘would be physically 

impossible, for example, to insert a 1⁄2

inch inside diameter hose into an end 

fitting made for 1⁄2 inch outside 

diameter plastic tubing.’’ According to 

Eaton, ‘‘if an end-user were to 

mistakenly attempt to use the 

mislabeled end fittings with a hose, 

instead of plastic tubing, the 

incompatibility would be obvious 

because the diameters would not 

match.’’ Eaton states that therefore, 

‘‘there is no potential that the 

mislabeled end fittings could be used 

improperly, and there could be no 

resulting issue of motor vehicle safety.’’ 

NHTSA agrees with Eaton that the 

noncompliance is inconsequential to 

motor vehicle safety. Should someone 

mistakenly assume the outside diameter 

size marking was an inside diameter 

size marking, it would be physically 

impossible to mismatch the hose and 

the end fitting. Therefore a safety issue 

would not arise from this 

noncompliance. Eaton has corrected the 

problem. 

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, Eaton’s petition is granted 

and the petitioner is exempted from the 

obligation of providing notification of, 

and a remedy for, the noncompliance. 

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

delegations of authority at CFR 1.50 and 

501.8). 

Issued on: October 4, 2005. 

Ronald L. Medford, 

Senior Associate Administrator for Vehicle 

Safety. 

[FR Doc. 05–20356 Filed 10–7–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34763] 

The Columbus & Ohio River Rail Road 

Company—Trackage Rights 

Exemption—Ohio Rail Development 

Commission and Ohi-Rail Corporation 

Ohi-Rail Corporation (ORC), a Class 

III rail carrier, and the Ohio Rail 

Development Commission (ORDC)1

have agreed to grant nonexclusive 

trackage rights to The Columbus & Ohio 

River Rail Road Company (CUOH),2 a 

Class III rail carrier, over a portion of a 

line of railroad known as the Piney Fork 

Line, between approximately milepost 

74.0 at the Pan Interchange, near 

Hopedale, OH, where it connects with 

CUOH’s line, and approximately 

milepost 66.1 at the point 2 miles north 

of the Apex Landfill switch, a distance 

of approximately 7.9 miles.3 The 

transaction was scheduled to be 

consummated on or about October 1, 

2005. 

The purpose of the trackage rights is 

to permit CUOH to provide rail service 

to the Apex Landfill in Springfield 

Township, Jefferson County, OH, via its 

east-west line between Bowerston and 

Mingo Junction, OH. 

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. 

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 section 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. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34763, 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 Andrew B. 

Kolesar III, Slover & Loftus, 1224 17th 

Street, NW., Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 3, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–20246 Filed 10–7–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

October 4, 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 10, 

2005 to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–1028. 

Type of Review: Extension. 

Title: INTL–941–86 (NPRM) and 

INTL–655–87 (Temporary) Passive 

Foreign Investment Companies. 

Description: These regulations specify 

how U.S. persons who are shareholders 

of Passive Foreign Investment 

Companies (PFIC’s) make elections with 

respect to their PFIC stock. 

Respondents: Business or other forprofit. 

Estimated Total Burden Hours: 

112,500 hours. 

OMB Number: 1545–1209. 

Type of Review: Extension. 

Title: IA–83–90 (Final) Disclosure of 

Tax Return Information for Purposes of 

Quality or Peer Review; Disclosure of 

Tax Return Information Due to 

Incapacity or Death of Tax Return 

Preparer. 

Description: These regulations govern 

the circumstances under which tax 

return information may be disclosed for 

purposes of conducting quality or peer 

reviews and disclosure that are 

necessary because of the tax return 

preparer’s death or incapacity. 

Respondents: Business or other for 

profit. 

Estimated Total Burden Hours: 

250,000 hours. 

OMB Number: 1545–1421. 

Type of Review: Extension. 

Title: IA–62–93 (Final) Certain 

Elections under the Omnibus Budget 

Reconciliation Act of 1933. 

Description: These regulations 

establish various elections enacted by 

the Omnibus Budget Reconciliation Act 

of 1993 (Act). The regulations provide