70918 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

MODIFICATION EXEMPTIONS—Continued 

Application 

No. Docket No. Applicant Regulation(s) affected 

Modification of 

exemption Nature of exemption thereof 

11646–M ....... .............................. Barton Solvents, Inc. 

Des Moines, IA.

49 CFR 172.203(a); 

172.301(c); 

177.834(h).

11646 To modify the special permit to authorize 

the discharge of a Class 8 and an additional Class 3 material from a DOT 

Specification drum without removing the 

drum from the vehicle. 

12561–M ....... RSPA–00–8305 Rhodia Inc. 

Cranbury, NJ.

49 CFR 172.203(a); 

173.31; 179.13.

12561 To modify the special permit to authorize 

the use of 60 additional DOT Specification tank cars for the transportation of 

Class 8 materials. 

13182–M ....... RSPA–02–14023 Cytec Industries Inc. 

West Paterson, 

NJ.

49 CFR 173.192(a); 

173.304a(b).

13182 To modify the special permit to authorize 

the maximum fill density to 45% for the 

DOT Specification and non-DOT specification cyliners transporting a Division 

2.3 material. 

13245–M ....... RSPA–03–15985 Piper Metal Forming 

Corporation New 

Albany, MS.

49 CFR 

173.302(a)(1); 

175.3.

13245 To modify the special permit to authorize a 

new neck configuration design for the 

non-refillable, non-DOT specification cylinders transporting Division 2.2 materials. 

13481–M ....... .............................. Onyx Environmental 

Services, L.L.C. 

Ledgewood, NJ.

49 CFR 172.320; 

173.54(a), (e) and 

(j); 173.56(b); 

173.57; 173.58; 

173.60; 173.62.

13481 To modify the exemption to authorize the 

transportation of solid explosive substances in special shipping containers. 

13583–M ....... RSPA–04–18507 Structural Composites Industries Pomona, CA.49 CFR 178.35 ....... 13583 To modify the special permit to authorize 

an alternative test method and extend 

the service life of each non-DOT specification composite cylinder for up to 30 

years. 

13599–M ....... RSPA–04–18712 Air Products & 

Chemicals, Inc. 

Allentown, PA.

49 CFR 

173.304a(a)(2).

13599 To modify the special permit to authorize 

an increase in fill densities/ratios for the 

DOT Specification seamless steel cylinders transporting a Division 2.2 material. 

13738–M ....... RSPA–04–18889 Department of Energy Washington, 

DC.

49 CFR 

173.420(a)(4).

13738 To modify the special permit to provide relief from the marking requirements for 

shipment of cylinders with missing or illegible nameplates containing a Class 7 

material. 

[FR Doc. 05–23170 Filed 11–23–05; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 552 (Sub-No. 9)] 

Railroad Revenue Adequacy—2004 

Determination 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of decision. 

SUMMARY: On November 23, 2005, the 

Board served a decision announcing the 

2004 revenue adequacy determinations 

for the Nation’s Class I railroads. One 

carrier, Norfolk Southern Railway 

Company, is found to be revenue 

adequate. 

DATES: Effective Date: This decision is 

effective November 23, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Leonard J. Blistein, (202) 565–1529. 

(Federal Information Relay Service 

(FIRS) for the hearing impaired: 1 (800) 

877–8339). 

SUPPLEMENTARY INFORMATION: The Board 

is required to make an annual 

determination of railroad revenue 

adequacy. A railroad is considered 

revenue adequate under 49 U.S.C. 

10704(a) if it achieves a rate of return on 

net investment equal to at least the 

current cost of capital for the railroad 

industry for 2004, determined to be 

10.1% in Railroad Cost of Capital—

2004, STB Ex Parte No. 558 (Sub-No. 8) 

(STB served June 30, 2005). This 

revenue adequacy standard was applied 

to each Class I railroad, and one carrier 

was found to be revenue adequate for 

2004. 

The Board’s decision is posted on the 

Board’s Web site, http:// 

www.stb.dot.gov. In addition, copies of 

the decision may be purchased from 

ASAP Document Solutions by calling 

202–306–4004 (assistance for the 

hearing impaired is available through 

FIRS at 1–800–877–8339), or by e-mail 

at asapdc@verizon.net. 

Environmental and Energy 

Considerations 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Regulatory Flexibility Analysis 

Pursuant to 5 U.S.C. 603(b), we 

conclude that our action in this 

proceeding will not have a significant 

economic impact on a substantial 

number of small entities. The purpose 

and effect of the action is merely to 

update the annual railroad industry 

revenue adequacy finding. No new 

reporting or other regulatory 

requirements are imposed, directly or 

indirectly, on small entities. 

Decided: November 17, 2005. 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70919 

1According to D&W, LLC, the lines have been 

operated by Iowa Northern Railway Company (Iowa 

Northern) and Iowa Northern will continue to 

operate the lines under D&W, LLC’s ownership. 

By the Board, Chairman Nober, Vice 

Chairman Buttrey, and Commissioner 

Mulvey. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–23259 Filed 11–22–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34770] 

D&W Railroad, LLC—Acquisition 

Exemption—Rail Lines of D&W 

Railroad, Inc. 

D&W Railroad, LLC (D&W, LLC), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire approximately 29 miles of rail 

line, including incidental trackage 

rights, known as the Waterloo Industrial 

Lead, from D&W Railroad, Inc. The lines 

to be acquired are located in Black 

Hawk, Buchanan and Fayette Counties, 

IA, as follows: (1) between milepost 

332.0 at Dewar, IA, and milepost 354.3 

at Oelwein, IA; (2) between milepost 

245.58 and milepost 245.0 at Oelwein; 

(3) .32 miles of wye track at Oelwein; 

and (4) incidental trackage rights over 

Union Pacific Railroad Company’s track 

between milepost 332.0 at Dewar and 

milepost 326.2 at Linden Street, 

Waterloo, IA.1

D&W, LLC 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. 

D&W, LLC reported that the parties 

intend to consummate the transaction 

no earlier than October 31, 2005 (the 

effective date of the exemption). 

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. 34770, must be filed with 

the Surface Transportation Board, 1925 

K Street, N.W., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Thomas F. 

McFarland, 208 South LaSalle Street, 

Suite 1890, Chicago, IL 60604–1112. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: November 16, 2005. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 05–23094 Filed 11–22–05; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless the 

information collection displays a 

currently valid OMB control number. 

The OCC is soliciting comment 

concerning its proposed information 

collection titled, ‘‘Customer Complaint 

Form.’’ The OCC also gives notice that 

it has sent the information collection to 

OMB for review and approval. 

DATES: You should submit written 

comments by: December 23, 2005. 

ADDRESSES: You should direct your 

comments to: Communications 

Division, Office of the Comptroller of 

the Currency, Public Information Room, 

Mailstop 1–5, Attention: 1557–NEW, 

250 E Street, SW., Washington, DC 

20219. In addition, comments may be 

sent by fax to (202) 874–4448, or by 

electronic mail to 

regs.comments@occ.treas.gov. You can 

inspect and photocopy the comments at 

the OCC’s Public Information Room, 250 

E Street, SW., Washington, DC 20219. 

You can make an appointment to 

inspect the comments by calling (202) 

874–5043. Additionally, you should 

send a copy of your comments to OCC 

Desk Officer, 1557–NEW, by mail to 

U.S. Office of Management and Budget, 

725, 17th Street, NW., #10235, 

Washington, DC 20503, or by fax to 

(202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information or a 

copy of the collection from Mary 

Gottlieb, OCC Clearance Officer, or 

Camille Dixon, (202) 874–5090, 

Legislative and Regulatory Activities 

Division, Office of the Comptroller of 

the Currency, 250 E Street, SW., 

Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: On 

September 7, 2005, the OCC published 

in the Federal Register (70 FR 53274) a 

notice concerning the renewal of this 

information collection. The OCC 

received no public comments and is 

now submitting its request to OMB for 

approval. 

Title: Customer Complaint Form. 

OMB Number: 1557–NEW. 

Description: The customer complaint 

form was developed as a courtesy for 

those that contact the Office of the 

Comptroller of the Currency’s Customer 

Assistance Group and wish to file a 

formal, written complaint. The form 

allows the consumer to focus its issues 

and provide a complete picture of their 

concerns, but is entirely voluntary. It is 

designed to prevent having to go back to 

the consumer for additional 

information, which delays the process. 

Completion of the form allows the 

Customer Assistance Group (CAG) to 

process the complaint more efficiently. 

The CAG will use the information to 

create a record of the consumer’s 

contact, including capturing 

information that can be used to resolve 

the consumer’s issues and provide a 

database of information that is 

incorporated into the OCC’s supervisory 

process. 

Type of Review: New collection. 

Affected Public: Businesses or other 

for-profit. 

Number of Respondents: 2,149. 

Total Annual Responses: 2,149. 

Frequency of Response: On occasion. 

Total Annual Burden Hours: 142. 

All comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) The accuracy of the agency’s 

estimate of the burden of the collection 

of information; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(d) Ways to minimize the burden of 

the collection on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and 

(e) Estimates of capital or startup costs 

and costs of operation, maintenance, 

and purchase of services to provide 

information.