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