61878 Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 

1MQT states that at the time the labor notice was 

given, MQT planned to purchase the track and 

other rail improvements and to lease the underlying 

right-of-way. However, MQT will instead be leasing 

on a long-term basis both the track and other rail 

improvements and the underlying right-of-way. In 

addition, the labor notice also indicated that the 

milepost at Baldwin in segment (b) was CB 107.0. 

MQT has been advised by CSXT that, while 

milepost CB 107.0 is used to signify Baldwin for 

operating purposes, the actual milepost is CB 

106.91. Therefore, MQT and CSXT have amended 

all of their agreements to reflect the milepost for 

Baldwin as CB 106.91. Also, in the labor notice, the 

milepost at Baldwin in segment (a) was incorrectly 

listed as CGE 73.4 instead of CGE 73.71. Finally, the 

total mileage is accordingly approximately 129.03 

not 128.63 as stated in the labor notice. However, 

under the revised lease arrangements and milepost 

changes, no additional CSXT employees will be 

affected, MQT will still be responsible for all 

operations and maintenance and the change will 

not affect the number of positions that MQT 

anticipates will be available. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Glenda Davis, phone (202) 366–5209; 

FAX (202) 366–7298; or e-mail 

glenda.davis@fmcsa.dot.gov; Federal 

Motor Carrier Safety Administration, 

DOT, 400 Seventh Street, SW., 

Washington, DC 20590. For additional 

information and copies of the 

information collection instrument and 

instructions, contact Ms. Lorena F. 

Truett, National Transportation 

Research Center, 2360 Cherahala 

Boulevard, Room I–32, Knoxville, TN 

37932; phone (865) 946–1306; FAX 

(865) 946–1314; or e-mail: 

TruettLF@ornl.gov. Office hours are 

from 8:30 a.m. to 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Commercial Driver’s License 

Policies and Practices Among the 51 

Jurisdictions. 

OMB Control No: 2126–XXXX. 

Background: In 1986, the Commercial 

Motor Vehicle Safety Act (CMVSA) 

(Public Law 99–570, Title XII, 100 Stat. 

3207–170 (October 27, 1986)) was 

passed in an effort to improve highway 

safety as it related to commercial motor 

vehicle drivers. The CDL program was 

created as a result of that Act. The 

Motor Carrier Safety Improvement Act 

(MCSIA) of 1999 (Public Law 106–

159,113 Stat. 1748 (December 9, 1999)) 

further strengthened the CDL Program 

through more vehicle and driver 

inspections and carrier compliance 

reviews, stronger enforcement, 

expedited completion of rules, and 

effective CDL testing, record keeping, 

and sanctions. The goal of both the 

CMVSA and MCSIA was to improve 

highway safety by ensuring that drivers 

of commercial vehicles were qualified to 

operate those vehicles and to remove 

unsafe and unqualified drivers from the 

highways. 

The Federal Motor Carrier Safety 

Administration (FMCSA), within the 

U.S. Department of Transportation 

(DOT), conducts Compliance Reviews 

(CRs) of the 50 States and the District of 

Columbia in Washington, DC, to ensure 

that the States are complying with the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). Additional 

objectives of the State CRs include the 

following: identifying technical, 

operational, and administrative 

deficiencies in State CDL programs; 

establishing a mechanism for 

identifying and correcting serious 

program deficiencies; and identifying 

opportunities for CDL fraud. 

FMCSA conducted CRs on every 

State. Based on the results of the State 

CRs, some States had fewer compliance 

issues than others. It appears, however, 

that each State was in non-compliance 

to some degree at the time the CR was 

conducted in the State. It is necessary 

for FMCSA to understand why the 

States are in non-compliance. While 

there is anecdotal evidence that the fault 

may lie with the various processes 

within the States, or a failure by FMCSA 

to provide adequate guidance, or even 

with the Federal regulations, there has 

been no systematic effort to determine 

the cause of State non-compliance with 

the CDL requirements. For FMCSA to 

find a solution which brings the States 

into compliance with the CDL Federal 

regulations and increases commercialvehicle safety, FMCSA must obtain 

input from the States. 

The primary means for obtaining 

information from the State officials will 

be via a password-protected Web site. In 

the introduction (‘‘welcome screen’’) to 

the questionnaire, the respondent will 

be provided alternatives for taking the 

survey via a paper copy or over the 

phone with an FMCSA contractor. If the 

respondent indicates a preference for 

the paper copy or phone survey, 

arrangements will be made for 

administering the survey in the desired 

format. In addition, any respondents 

who prefer to be interviewed via a 

phone call will also be provided an email address so they may submit 

additional comments if desired. 

Respondents: Each of the 51 

jurisdictions (50 States plus the District 

of Columbia) will be contacted. 

Frequency: Once. 

Estimated Average Burden per 

Response: 1 hour per response. 

Estimated Total Annual Burden 

Hours: 51 hours (51 jurisdictions x 1 

hour per response). 

Public Comments Invited 

You are asked to comment on any 

aspect of this information collection, 

including: (1) Whether the proposed 

collection is necessary for the FMCSA’s 

performance; (2) the accuracy of the 

estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The agency will summarize 

and/or include your comments in the 

request for OMB’s clearance of this 

information collection. 

Authority: The Paperwork Reduction Act 

of 1995, 44 U.S.C. Chapter 35, as amended; 

Pub. L. 99–570, Title XII, 100 Stat. 3207–170 

(October 27, 1986); Pub. L. 106–159, 113 Stat. 

1748 (December 9, 1999); and 49 CFR § 1.73. 

Issued on: October 21, 2005. 

Annette M. Sandberg, 

Administrator. 

[FR Doc. 05–21397 Filed 10–25–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34728] 

Marquette Rail, LLC—Lease and 

Operation Exemption—CSX 

Transportation, Inc. 

Marquette Rail, LLC (MQT), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

lease, from CSX Transportation, Inc. 

(CSXT), and operate approximately 

129.03 miles of rail line extending 

between: (a) Milepost CGE 3.6 at the 

Grand Rapids, MI station and milepost 

CGE 73.71 at the Baldwin, MI station; 

(b) milepost CB 106.91 at the Baldwin 

station and milepost CB 136.5 at the 

Ludington, MI station; (c) milepost CBA 

87.0 at the Walhalla, MI station and 

milepost CBA 113.7 at the Manistee, MI 

station; and (d) milepost CBA 113.7 at 

the Manistee station and the end of 

track at Filer City, MI (the Filer City 

Spur, approximately 2.63 miles in 

length). 

MQT certifies that its projected 

revenues as a result of this transaction 

will not exceed those that would qualify 

it as a Class III rail carrier. However, 

because its projected annual revenues 

may exceed $5 million, MQT also 

certifies that it has complied with the 

posting and service requirements of 49 

CFR 1150.32(e).1 The transaction was 

scheduled to be consummated on or 

after October 14, 2005. 

If the verified notice contains false or 

misleading information, the exemption 

Federal Register / Vol. 70, No. 206 / Wednesday, October 26, 2005 / Notices 61879 

1Watco owns 100% of the issued and outstanding 

stock of ARSR. 

2SKO’s lines are located in Missouri, Kansas, and 

Oklahoma; PRCC’s lines are located in Washington, 

Oregon, and Idaho; TIBR’s lines are located in 

Texas and Louisiana; SLWC’s lines are located in 

Oklahoma: EIRR’s lines are located in Idaho; K&O’s 

lines are located in Kansas and Colorado; PSWR’s 

line is located in Pennsylvania; GNR’s lines are 

located in Idaho and Washington; KRR’s lines are 

located in Kansas and Missouri; MMT’s lines are 

located in Montana; AO’s lines are located in West 

Virginia; MSRR’s line is located in Mississippi; 

YVRR’s lines are located in Montana; and LSRR’s 

lines are located in Louisiana. 

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. 34728, 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 Eric M. 

Hocky, Gollatz, Griffin & Ewing, P.C., 

Four Penn Center, Suite 200, 1600 John 

F. Kennedy Blvd., Philadelphia, PA 

19103–2808. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: October 21, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–21410 Filed 10–25–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34760] 

Arkansas Southern Railroad, Inc.—

Lease Exemption—The Kansas City 

Southern Railway Company 

Arkansas Southern Railroad, Inc. 

(ARSR), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to lease from The Kansas City 

Southern Railway Company and operate 

approximately 61 miles of rail lines 

located in Arkansas and Oklahoma. The 

rail lines extend from: (1) Milepost 4.0, 

near Heavener, OK, to milepost 33.0, at 

the end of the track at Waldron, AR; and 

(2) milepost 32.0, at Ashdown, AR, to 

milepost 0.0, at the end of the track near 

Nashville, AR, not including the 601 

track switch at Ashdown, AR. 

This transaction is related to STB 

Finance Docket No. 34761, Watco 

Companies, Inc.—Continuance in 

Control Exemption—Arkansas Southern 

Railroad, Inc., wherein Watco 

Companies, Inc., has filed a notice of 

exemption to continue in control of 

ARSR upon its becoming a Class III rail 

carrier. 

ARSR certifies that its projected 

revenues as a result of the transaction 

will not result in ARSR’s becoming a 

Class II or Class I rail carrier. ARSR also 

certifies that its projected annual 

revenues will not exceed $5 million. 

The transaction was expected to be 

consummated on or shortly after 

October 9, 2005. 

If the notice 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. 34760, 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 Karl Morell, 

Of Counsel, Ball Janik, LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at 

http://www.stb.dot.gov. 

Decided: October 21, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–21402 Filed 10–25–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34761] 

Watco Companies, Inc.—Continuance 

in Control Exemption—Arkansas 

Southern Railroad, Inc. 

Watco Companies, Inc. (Watco), has 

filed a verified notice of exemption to 

continue in control of Arkansas 

Southern Railroad, Inc. (ARSR), upon 

ARSR’s becoming a Class III rail 

carrier.1

The transaction was expected to be 

consummated on or shortly after 

October 9, 2005. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

34760, Arkansas Southern Railroad, 

Inc.—Lease Exemption—The Kansas 

City Southern Railway Company. In that 

proceeding, ARSR seeks to acquire by 

lease from The Kansas City Southern 

Railway Company and operate 

approximately 61 miles of rail lines in 

Arkansas and Oklahoma extending 

from: (1) Milepost 4.0, near Heavener, 

OK, to milepost 33.0, at the end of the 

track at Waldron, AR; and (2) milepost 

32.0, at Ashdown, AR, to milepost 0.0, 

at the end of the track near Nashville, 

AR, not including the 601 track switch 

at Ashdown, AR. 

Watco, a Kansas corporation, is a 

noncarrier that currently controls 14 

Class III rail carriers: South Kansas and 

Oklahoma Railroad Company (SKO), 

Palouse River & Coulee City Railroad, 

Inc. (PRCC), Timber Rock Railroad, Inc. 

(TIBR), Stillwater Central Railroad, Inc. 

(SLWC), Eastern Idaho Railroad, Inc. 

(EIRR), Kansas & Oklahoma Railroad, 

Inc. (K&O), Pennsylvania Southwestern 

Railroad, Inc. (PSWR), Great Northwest 

Railroad, Inc. (GNR), Kaw River 

Railroad, Inc. (KRR), Mission Mountain 

Railroad, Inc. (MMT), Appalachian & 

Ohio Railroad, Inc. (AO), Mississippi 

Southern Railroad, Inc. (MSRR), 

Yellowstone Valley Railroad, Inc. 

(YVRR), and Louisiana Southern 

Railroad, Inc. (LSRR).2

Applicant states that (1) The rail lines 

operated by SKO, PRCC, TIBR, SLWC, 

EIRR, K&O, PSWR, GNR, KRR, MMT, 

AO, MSRR, YVRR, and LSRR do not 

connect with the rail lines being leased 

by ARSR; (2) the continuance in control 

is not part of a series of anticipated 

transactions that would connect the rail 

lines being leased by ARSR with any 

railroad in the Watco corporate family; 

and (3) neither ARSR nor any of the 

carriers controlled by Watco are Class I 

rail carriers. Therefore, the transaction 

is exempt from the prior approval 

requirements of 49 U.S.C. 11323. See 49 

CFR 1180.2(d)(2). The purpose of the 

transaction is to reduce overhead 

expenses, coordinate billing, 

maintenance, mechanical and personnel 

policies and practices of applicant’s rail 

carrier subsidiaries, thereby improving 

the overall efficiency of rail service 

provided by the 15 railroads. 

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 sections 11324 and 

11325 that involve on Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the