60882 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices 

investigation is to develop a more 

thorough record regarding charges of 

abuse of market power by NCC, in its 

practices generally, and particularly 

with its action changing the 

classification of lighting products and 

fixtures in 2004. 

DATES: Opening comments may be filed 

by persons opposing renewal of NCC’s 

bureau agreement by November 18, 

2005. NCC may file reply comments by 

December 8, 2005. 

ADDRESSES: Any filing submitted in this 

proceeding must refer to STB Ex Parte 

No. 656 (Sub-No. 1) and must be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

comply with the instructions found on 

the Board’s http://www.stb.dot.gov Web 

site, at the ‘‘E-FILING’’ link. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 paper copies of the filing (and 

also an IBM-compatible floppy disk 

with any textual submission in any 

version of either Microsoft Word or 

WordPerfect) to: Surface Transportation 

Board, 1925 K Street, NW., Washington, 

DC 20423–0001. Because all comments 

will be posted to the Board’s Web site, 

persons filing them with the Board need 

not serve them on other participants but 

must furnish a hard copy on request to 

any participant. 

FOR FURTHER INFORMATION CONTACT: 

Joseph H. Dettmar (202) 565–1609. 

(Federal Information Relay Service for 

the hearing impaired: 1–800–877–8339.) 

SUPPLEMENTARY INFORMATION: 

Additional information on this 

proceeding appears in the Board’s 

decision in this proceeding. This 

decision will be published on the 

Board’s Web site at http:// 

www.stb.dot.gov, under docket number 

STB Ex Parte No. 656 (Sub-No. 1). Board 

filings, decisions, and notices are 

available at this site. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Decided: October 12, 2005. 

By the Board, Chairman Nober, Vice 

Chairman Buttrey, and Commissioner 

Mulvey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–20806 Filed 10–18–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34758] 

RailAmerica, Inc., et al.—Control 

Exemption—Point Comfort and 

Northern Railway Company, Rockdale, 

Sandow & Southern Railroad 

Company, The Massena Terminal 

Railroad Company, and Bauxite & 

Northern Railway Company 

RailAmerica, Inc. (RailAmerica), Palm 

Beach Rail Holding, Inc. (Palm Beach), 

and RailAmerica Transportation Corp. 

(RTC), have filed a notice of exemption 

to permit RailAmerica, Palm Beach, and 

RTC to acquire control of Point Comfort 

and Northern Railway Company 

(PCNR), Rockdale, Sandow & Southern 

Railroad Company (RSSR), The Massena 

Terminal Railroad Company (MTRC), 

and Bauxite & Northern Railway 

Company (BXNR) by purchase of all of 

their stock from Alcoa, Inc. PCNR, 

RSSR, MTRC, and BXNR are Class III 

carriers. PCNR and RSSR operate in 

Texas, MTRC operates in New York and 

BXNR operates in Arkansas. 

The transaction was scheduled to be 

consummated on or after September 30, 

2005. 

RailAmerica directly controls one 

Class II rail carrier and 26 Class III rail 

carriers. In addition, RailAmerica 

directly controls Palm Beach, which in 

turn directly controls RTC. 

Applicants state that: (i) The rail lines 

involved in this transaction do not 

connect with any rail lines now 

controlled, directly or indirectly by 

RailAmerica; (ii) this transaction is not 

part of a series of anticipated 

transactions that would connect any of 

these rail lines with each other; and (iii) 

this transaction does not involve a Class 

I carrier. Therefore, this transaction is 

exempt from the prior approval 

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

CFR 1180.2(d)(2). 

The purpose of this transaction is to 

make the efficiencies and economies of 

the RailAmerica structure available to 

PCNR, RSSR, MTRC, and BXNR. 

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. Because the transaction 

involves at least one Class II and one or 

more Class III rail carriers, the 

exemption is subject to the labor 

protection requirements of 49 U.S.C. 

11326(b). 

If the verified 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. 34758, 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 Louis E. 

Gitomer, 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 11, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–20807 Filed 10–18–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

October 13, 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 18, 

2005 to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0718. 

Type of Review: Extension. 

Title: Employer’s Monthly Federal 

Tax Return. 

Form: IRS form 941–M. 

Description: Form 941–M is used by 

certain employers to report payroll taxes 

on a monthly rather than quarterly 

basis. Employers who have failed to file 

form 941 or who have failed to deposit 

taxes as required are notified by the 

District Director that they must file form 

941–M monthly. 

Respondents: Business or other forprofit and Individuals and households. 

Estimated Total Burden Hours: 

166,320 hours.