1513-0016 Federal Register Notice

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Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Notices

2006. S4.3.2 of FMVSS No. 109 refers to
49 CFR 574.5, which requires 3⁄4 inch
maximum width spacing between the
manufacturer’s identification mark/tire
size code grouping and the subsequent
tire type code and date of manufacture.
The subject tires have a spacing that
exceeds 3⁄4 inch. Yokohama has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
Yokohama believes that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted.
Yokohama states that the noncompliant
spacing ‘‘does not impair the purpose or
the use of the identification number and
does not pose a threat to motor vehicle
safety.’’ Yokohama says that all other
aspects of the tire identification number
comply with the standard.
NHTSA agrees with Yokohama that
the noncompliance is inconsequential to
motor vehicle safety. Although the
spacing is incorrect, all the correct
information required by FMVSS No. 109
is provided and therefore is likely to
achieve the safety purposes of the
requirement. All other informational
markings are present, and the tires meet
or exceed all of the performance
requirements of FMVSS No. 109.
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, Yokohama’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: June 2, 2006.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E6–8878 Filed 6–7–06; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

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[STB Docket No. AB–290 (Sub–No. 266X)]

Norfolk Southern Railway Company—
Abandonment Exemption—in
McDowell County, NC
Norfolk Southern Railway Company
(NSR) has filed a notice of exemption
under 49 CFR part 1152 Subpart F—
Exempt Abandonments to abandon
approximately 3.5 miles of railroad
between milepost SB 205.0 and

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milepost SB 208.5, near Marion, in
McDowell County, NC. The line
traverses United States Postal Service
Zip Code 28752.
NSR has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) any overhead traffic
can be rerouted over other lines; (3) no
formal complaint filed by a user of rail
service on the line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the line either is pending with the
Surface Transportation Board or with
any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements of 49 CFR 1105.7
(environmental report), 49 CFR 1105.8
(historic report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(l) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employees adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on July 8,
2006, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by June 19,
2006. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by June 28, 2006,
with: Surface Transportation Board,
1925 K Street, NW., Washington, DC
20423–0001.3

A copy of any petition filed with the
Board should be sent to NSR’s
representative: James R. Paschall, Three
Commercial Place, Norfolk, VA 23510–
2191.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
NSR has filed environmental and
historic reports which address the
effects, if any, of the abandonment on
the environment and historic resources.
SEA will issue an environmental
assessment (EA) by June 13, 2006.
Interested persons may obtain a copy of
the EA by writing to SEA (Room 500,
Surface Transportation Board,
Washington, DC 20423–0001) or by
calling SEA, at (202) 565–1539.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.] Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), NSR shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
NSR’s filing of a notice of
consummation by June 8, 2007, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at http://
www.stb.dot.gov.

1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
2 Each OFA must be accompanied by the filing fee
which as of April 19, 2006, is set at $1,300. See
Regulations Governing Fees for Service Performed
in Connection With Licensing and Related Services2006 Update, STB Ex Parte No. 542 (Sub-No. 13)
(STB served Mar. 20, 2006). See 49 CFR
1002.2(f)(25).
3 On May 22, 2006, the City of Marion, NC filed
a request for issuance of a notice of interim trail use
and for imposition of a public use condition. The
requests will be addressed in a separate decision.

BILLING CODE 4915–01–P

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Decided: June 1, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6–8851 Filed 6–7–06; 8:45 am]

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
Proposed Information Collections;
Comment Request
Alcohol and Tobacco Tax and
Trade Bureau (TTB), Treasury.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: As part of our continuing
effort to reduce paperwork and

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Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Notices

cprice-sewell on PROD1PC66 with NOTICES

respondent burden, and as required by
the Paperwork Reduction Act of 1995,
we invite comments on the proposed or
continuing information collections
listed below in this notice.
DATES: We must receive your written
comments on or before August 7, 2006.
ADDRESSES: You may send comments to
Mary A. Wood, Alcohol and Tobacco
Tax and Trade Bureau, at any of these
addresses:
• P.O. Box 14412, Washington, DC
20044–4412;
• 202–927–8525 (facsimile); or
• [email protected] (e-mail).
Please send separate comments for
each specific information collection
listed below. You must reference the
information collection’s title, form
number, and OMB number (if any) in
your comment. If you submit your
comment via facsimile, send no more
than five 8.5 x 11 inch pages in order
to ensure electronic access to our
equipment.
FOR FURTHER INFORMATION CONTACT: To
obtain additional information, copies of
the information collection and its
instructions, or copies of any comments
received, contact Mary A. Wood,
Alcohol and Tobacco Tax and Trade
Bureau, P.O. Box 14412, Washington,
DC 20044–4412; or telephone 202–927–
8210.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Department of the Treasury and
its Alcohol and Tobacco Tax and Trade
Bureau, as part of their continuing effort
to reduce paperwork and respondent
burden, invite the general public and
other Federal agencies to comment on
the proposed and continuing
information collections listed below in
this notice, as required by the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Comments submitted in response to
this notice will be included or
summarized in our request for Office of
Management and Budget (OMB)
approval of the relevant information
collection. All comments are part of the
public record and subject to disclosure.
Please do not include any confidential
or inappropriate material in your
comments.
We invite comments on: (a) Whether
this information collection is necessary
for the proper performance of the
agency’s functions, including whether
the information has practical utility; (b)
the accuracy of the agency’s estimate of
the information collection’s burden; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the information

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collection’s burden on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and (e)
estimates of capital or start-up costs and
costs of operation, maintenance, and
purchase of services to provide the
requested information.
Information Collections Open for
Comment
Currently, we are seeking comments
on the following information
collections:
Title: Drawback on Wines Exported.
OMB Number: 1513–0016.
TTB Form Number: 5120.24.
Abstract: When proprietors export
wines that have been produced,
packaged, manufactured, or bottled in
the U.S., they file a claim for drawback
of the taxes that have already been paid
or determined on the wine. This form
notifies TTB that the wine was in fact
been exported and helps to protect the
revenue and prevent fraudulent claims.
Current Actions: There are minor
corrections to this information
collection, and it is being submitted for
reinstatement purposes. We are
correcting such things as changing ATF
to TTB, correcting titles for Customs,
and correcting typos.
Type of Review: Reinstatement, with
change, of a previously approved
collection for which approval has
expired.
Affected Public: Individuals or
households, Business and other forprofit.
Estimated Number of Respondents:
21.
Estimated Total Annual Burden
Hours: 94.
Title: Application, Permit and
Report—Wine and Beer (Puerto Rico)
and Application, Permit and Report—
Distilled Spirits (Puerto Rico).
OMB Number: Requesting new
numbers (formerly 1512–0149 and
1512–0210, respectively).
TTB Form Number: 5100.21 and
5110.51, respectively.
Abstract: TTB Form 5100.21
(Application, Permit and Report—Wine
and Beer) is a permit to compute the tax
on and to withdraw shipments of wine
or beer from Puerto Rico to the United
States, as substantively required by 27
CFR 26.93. TTB Form 5110.51
(Application, Permit and Report—
Distilled Spirits) is a permit to compute
the tax on and to withdraw shipments
of distilled spirits products from Puerto
Rico to the United States, as
substantively required by 27 CFR 26.78.
Current Actions: There are minor
corrections to these information
collections, and we are submitting the

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33335

collections for reinstatement purposes.
We are correcting such things as
changing ATF to TTB, correcting typos,
and updating references to old form
numbers.
Type of Review: Reinstatement, with
change, of a previously approved
collection for which approval has
expired.
Affected Public: Business and other
for-profit.
Estimated Number of Respondents:
30.
Estimated Total Annual Burden
Hours: 42.
Dated: June 2, 2006.
Francis W. Foote,
Director, Regulations and Rulings Division.
[FR Doc. E6–8855 Filed 6–7–06; 8:45 am]
BILLING CODE 4810–31–P

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
Proposed Information Collections;
Comment Request
Alcohol and Tobacco Tax and
Trade Bureau (TTB), Treasury.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: As part of our continuing
effort to reduce paperwork and
respondent burden, and as required by
the Paperwork Reduction Act of 1995,
we invite comments on the proposed or
continuing information collections
listed below in this notice.
DATES: We must receive your written
comments on or before August 7, 2006.
ADDRESSES: You may send comments to
Mary A. Wood, Alcohol and Tobacco
Tax and Trade Bureau, at any of these
addresses:
• P.O. Box 14412, Washington, DC
20044–4412;
• 202–927–8525 (facsimile); or
• [email protected] (e-mail).
Please send separate comments for
each specific information collection
listed below. You must reference the
information collection’s title, form
number, and OMB number (if any) in
your comment. If you submit your
comment via facsimile, send no more
than five 8.5 x 11 inch pages in order
to ensure electronic access to our
equipment.

To
obtain additional information, copies of
the information collection and its
instructions, or copies of any comments
received, contact Mary A. Wood,
Alcohol and Tobacco Tax and Trade

FOR FURTHER INFORMATION CONTACT:

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