Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 52153 15000 Aviation Blvd., Hawthorne, CA and the NPS invite persons interested in Class III rail carriers: South Kansas and 90250, telephone: (310) 725–3800, serving on the NPOAG ARC to represent Oklahoma Railroad Company (SKO); E-mail: [email protected], or Karen Indian Tribal interests to contact either Palouse River & Coulee City Railroad, Trevino, National Park Service, Natural of the persons listed in FOR FURTHER Inc. (PRCC); Timber Rock Railroad, Inc. Sounds Program, 1201 Oakridge Dr., INFORMATION CONTACT. Requests to serve (TIBR); Stillwater Central Railroad, Inc. Suite 350, Ft. Collins, CO 80525, on the NPOAG ARC should be made in (SLWC); Eastern Idaho Railroad, Inc. telephone (970) 225–3563, or writing and postmarked on or before. (EIRR); Kansas & Oklahoma Railroad, [email protected]. The request should indicate the Indian Inc. (K&O); Pennsylvania Southwestern tribe that you are a member of, and what SUPPLEMENTARY INFORMATION: Railroad, Inc. (PSWR); Great Northwest expertise you would bring to Native Railroad, Inc. (GNR); Kaw River Background American interests while serving on the Railroad, Inc. (KRR); Mission Mountain The National Parks Air Tour NPOAG. The term of service for NPOAG Railroad, Inc. (MMT); Appalachian & Management Act of 2000 (the Act) was members is 3 years. Ohio Railroad, Inc. (AO); and enacted on April 5, 2000, as Public Law Issued in Washington, DC on August 26, Mississippi Southern Railroad, Inc. 106–181. The Act required the 2005. (MSRR). establishment of the advisory group William C. Withycombe, Applicant states that: (1) The rail lines within 1 year after its enactment. The Regional Administrator, Western-Pacific operated by SKO, PRCC, TIBR, SLWC, NPOAG was established in March 2001. Region. EIRR, K&O, PSWR, GNR, KRR, MMT, The advisory group is comprised of a [FR Doc. 05–17385 Filed 8–31–05; 8:45 am] AO and MSRR do not connect with the balanced group of representatives of BILLING CODE 4910–13–P rail lines being leased by YVRR; (2) the general aviation, commercial air tour continuance in control is not part of a operations, environmental concerns, series of anticipated transactions that and Native American tribes. The DEPARTMENT OF TRANSPORTATION would connect the rail lines being Administrator and the Director (or their acquired by YVRR with any railroad in Surface Transportation Board designees) serve as ex officio members the Watco corporate family; and (3) of the group. Representatives of the [STB Finance Docket No. 34736] neither YVRR nor any of the carriers Administrator and Director serve controlled by Watco are Class I carriers. alternating 1-year terms as chairman of Watco Companies, Inc.—Continuance Therefore, the transaction is exempt the advisory group. in Control Exemption—Yellowstone from the prior approval requirements of By Order No. 1110–138, October 10, Valley Railroad, Inc 49 U.S.C. 11323. See 49 CFR 2003, the NPOAG became an aviation Watco Companies, Inc. (Watco), has 1180.2(d)(2). The purpose of the rulemaking committee (ARC). filed a verified notice of exemption to transaction is to reduce overhead The NPOAG ARC provides ‘‘advice, continue in control of the Yellowstone expenses and coordinate billing, information, and recommendations to Valley Railroad, Inc. (YVRR), upon maintenance, mechanical and personnel the Administrator and the Director— YVRR’s becoming a Class III rail policies and practices of applicant’s rail (1) On the implementation of this title carrier.1 carrier subsidiaries and thereby improve [the Act] and the amendments made by The transaction was scheduled to be the overall efficiency of rail service this title; consummated on or shortly after August provided by the 13 railroads. (2) On commonly accepted quiet 9, 2005.2 Under 49 U.S.C. 10502(g), the Board aircraft technology for use in This transaction is related to the may not use its exemption authority to commercial air tour operations over a concurrently filed verified notice of relieve a rail carrier of its statutory national park or tribal lands, which will exemption in STB Finance Docket No. obligation to protect the interests of its receive preferential treatment in a given 34737, Yellowstone Valley Railroad, employees. Section 11326(c), however, air tour management plan; Inc.—Lease and Operation Exemption— does not provide for labor protection for (3) On other measures that might be BNSF Railway Company. In that transactions under sections 11324 and taken to accommodate the interests of proceeding, YVRR seeks to acquire by 11325 that involve only Class III rail visitors to national parks; and lease from the BNSF Railway Company carriers. Accordingly, the Board may not (4) At the request of the Administrator and operate approximately 171.97 miles impose labor protective conditions here, and the Director, safety, environmental, of rail line extending between: (1) because all of the carriers involved are and other issues related to commercial Milepost 6.0, near Glendive, MT, and Class III carriers. air tour operations over a national park milepost 78.6, near Snowden, MT; and or tribal lands.’’ (2) milepost 0.93, near Bainville, MT, If the verified notice contains false or Members of the NPOAG ARC may be and milepost 100.3, near Scobey, MT.3 misleading information, the exemption allowed certain travel expenses as Watco, a Kansas corporation, is a is void ab initio. Petitions to revoke the authorized by section 5703 of title 5, noncarrier that currently controls 12 exemption under 49 U.S.C. 10502(d) United States Code, for intermittent may be filed at any time. The filing of Government Service. 1 Watco owns 100% of the issued and outstanding a petition to revoke will not The NPOAG ARC is made up of four stock of YVRR. automatically stay the transaction. 2 Although Watco indicated that this transaction members representing the air tour would be consummated on or shortly after August An original and 10 copies of all industry, four members representing 9, 2005, YVRR, in STB Finance Docket No. 34737, pleadings, referring to STB Finance environmental interests, and two indicated that the underlying lease transaction Docket No. 34736, must be filed with members representing Native American would not be consummated until August 15, 2005. the Surface Transportation Board, 1925 3 YVRR also seeks to acquire incidental, overhead interests. trackage rights over the BNSF rail lines located K Street, NW., Washington, DC 20423– between: (1) milepost 78.6, on the BNSF Sidney 0001. In addition, a copy of each Public Participation in the NPOAG Subdivision, near Snowden, MT, and milepost 0.93, pleading must be served on Karl Morell, ARC on the BNSF Scobey Subdivision, near Bainville, Of Counsel, Ball Janik LLP, 1455 F MT, via the BNSF Glasgow Subdivision between In order to maintain the balanced Snowden and Bainville; and (2) milepost 6.0, near Street, NW., Suite 225, Washington, DC representation of the group, the FAA Glendive, MT, and milepost 0.0, at Glendive, MT. 20005. VerDate Aug<18>2005 16:30 Aug 31, 2005 Jkt 205001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1 52154 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices Board decisions and notices are If the notice contains false or Respondents: Business or other for- available on our Web site at http:// misleading information, the exemption profit. www.stb.dot.gov. is void ab initio. Petitions to revoke the Estimated Total Burden Hours: 1,000 Decided: August 23, 2005. exemption under 49 U.S.C. 10502(d) hours. By the Board, David M. Konschnik, may be filed at any time. The filing of OMB Number: 1545–1797. Director, Office of Proceedings. a petition to revoke will not Type of Review: Extension. Vernon A. Williams, automatically stay the transaction. Title: REG–106876–00 (Final), An original and 10 copies of all Revision of Income Tax Regulations Secretary. pleadings, referring to STB Finance [FR Doc. 05–17148 Filed 8–31–05; 8:45 am] under Section 897, 1445 and 6109 to Docket No. 34737, must be filed with require use of Taxpayer Identifying BILLING CODE 4915–01–P the Surface Transportation Board, 1925 Numbers on Submission under the K Street, NW., Washington, DC 20423– Section 897 and 1445 Regulations. 0001. In addition, one copy of each DEPARTMENT OF TRANSPORTATION Description: The collection of pleading must be served on Karl Morell, information relates to applications for Surface Transportation Board Of Counsel, Ball Janik LLP, Suite 225, withholding certificates under Treas. 1455 F Street, NW., Washington, DC Reg. 1.1445–3 to be filed with the IRS [STB Finance Docket No. 34737] 20005. with respect to (1) dispositions of U.S. Board decisions and notices are Yellowstone Valley Railroad, Inc.— real property interests that have been available on our Web site at http:// used by foreign persons as a principled Lease and Operation Exemption— www.stb.dot.gov. BNSF Railway Company residence within the prior 5 years and Decided: August 23, 2005. excluded from gross income under Yellowstone Valley Railroad, Inc. By the Board, David M. Konschnik, section 121 and (2) dispositions of U.S. (YVRR), a noncarrier,1 has filed a Director, Office of Proceedings. real property interests by foreign verified notice of exemption under 49 Vernon A. Williams, persons in deferred like kind exchanges CFR 1150.31 to lease from BNSF Secretary. that qualify for nonrecognition under Railway Company (BNSF) and operate [FR Doc. 05–17096 Filed 8–31–05; 8:45 am] section 1031. two rail lines totaling 171.97 miles. The BILLING CODE 4915–01–P Respondents: Individuals or rail lines are located: (1) between households and business or other-for- milepost 6.0, near Glendive, MT, and profit. milepost 78.6, near Snowden, MT; and DEPARTMENT OF THE TREASURY Estimated Total Burden Hours: 600 (2) between milepost 0.93, near hours.