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Federal Register / Vol. 73, No.

32 / Friday, February 15, 2008 / Notices 8927

kit listing, which is available via the below has been forwarded to the Office automated collection techniques or
internet to prospective buyers. These kit of Management and Budget (OMB) for other forms of information technology.
evaluations inform prospective review and comment. The ICR describes A Comment to OMB is most effective if
applicants that they could be eligible for the nature of the information collections OMB receives it within 30 days of
an experimental amateur-built and their expected burden. The Federal publication.
airworthiness certificate if they Register Notice with a 60-day comment Issued: February 8, 2008.
completed their aircraft in compliance period was published on December 6,
with the FAA-evaluated assembly and 2007 [72 FR 68955]. Stephen R. Kratzke,
instruction manuals and fabricated and DATES: Comments must be submitted on Associate Administrator for Rulemaking.
constructed the aircraft in compliance or before March 17, 2008. [FR Doc. E8–2855 Filed 2–14–08; 8:45 am]
with 14 CFR part 21, § 21.191(g). FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–59–P
The method of determining what Markus Price at the National Highway
constitutes the major portion of Traffic Safety Administration, Office of
construction has undergone several Rulemaking (NVS–121), 202–366–0098. DEPARTMENT OF TRANSPORTATION
changes since the rule was first codified. 1200 New Jersey Avenue, SE., Room
When FAA staff developed the W43–472, Washington, DC 20590. Surface Transportation Board
commonly used form 8000–38,
SUPPLEMENTARY INFORMATION:
‘‘Fabrication and Assembly Operation [STB Docket No. AB–33 (Sub-No. 245X)]
Checklist’’, to calculate major portion, National Highway Traffic Safety
the intent was that a single check mark Administration Union Pacific Railroad Company—
in a column on the form would identify Title: 49 CFR 571.125, Warning Abandonment Exemption—in
who did the task. Some manufacturers Devices. Jefferson County, TX
and FAA representatives calculate major OMB Number: 2127–0506.
portion by using a ‘‘task-based’’ Type of Request: Extension of a Union Pacific Railroad Company
accounting mechanism that incorporates currently approved collection. (UP), has filed a notice of exemption
a ‘‘dual-check’’ system whereby an Abstract: 49 U.S.C. 3011, 30112, and under 49 CFR 1152 Subpart F—Exempt
amateur-builder may be given shared 30117 (Appendix 1) of the National Abandonments to abandon a 1.21-mile
credit even if that person does not Traffic and Motor Vehicle Safety Act of rail line, known as the Port Arthur
complete 50% of the task. When this is 1996, authorizes the issuance of Federal Industrial Lead, between mileposts 2.00
used in practice, the kit manufacturer Motor Vehicle Safety Standards and 3.21 near Port Arthur, in Jefferson
and amateur-builder share credit on the (FMVSS). The Secretary is authorized to County, TX. The line traverses United
Form 8000–38. It was not envisioned issue, amend, and revoke such rules and States Postal Service Zip Code 77640.
that credit for a task would be offered regulations as she/he deems necessary. UP has certified that: (1) No local
to an amateur-builder simply assisting Using this authority, the agency issued traffic has moved over the line for at
in the fabrication and assembly, as is FMVSS no.125, ‘‘Warning Devices’’ least 2 years; (2) there is no overhead
happening today in some cases. (Appendix 2), which applies to devices, traffic on the line; (3) no formal
The FAA will resume amateur-built without self contained energy sources, complaint filed by a user of rail service
kit evaluations after issuing final policy that are designed to be carried on the line (or by a state or local
changes. Prior to publishing the final mandatory in buses and trucks that have government entity acting on behalf of
policy, FAA will solicit comments on a gross vehicle weight rating (GVWR) such user) regarding cessation of service
draft policy, internal orders and greater than 10,000 pounds and over the line either is pending with the
advisory circulars through a notice in voluntarily in other vehicles. These
the Federal Register. Surface Transportation Board or with
devices are used to warn approaching any U.S. District Court or has been
Dated: February 11, 2008. traffic of the presence of a stopped decided in favor of complainant within
Frank Paskiewicz, vehicle, except for devices designed to the 2-year period; and (4) the
Manager, Production and Airworthiness be permanently affixed to the vehicles. requirements at 49 CFR 1105.7
Division. Affected Public: Business or other-for- (environmental reports), 49 CFR 1105.8
[FR Doc. 08–704 Filed 2–14–08; 8:45 am] profit organizations. (historic reports), 49 CFR 1105.11
BILLING CODE 4910–13–M
Estimated Total Annual Burden: 1. (transmittal letter), 49 CFR 1105.12
ADDRESSES: Send comments, within 30 (newspaper publication), and 49 CFR
days, to the Office of Information and 1152.50(d)(1) (notice to governmental
DEPARTMENT OF TRANSPORTATION Regulatory Affairs, Office of agencies) have been met.
Management and Budget, 725–17th
National Highway Traffic Safety Street, NW., Washington, DC 20503, As a condition to this exemption, any
Administration Attention NHTSA Desk Officer. employee adversely affected by the
Comments are invited on: whether the abandonment shall be protected under
Reports, Forms and Record Keeping proposed collection of information is Oregon Short Line R. Co.—
Requirements Agency Information necessary for the proper performance of Abandonment-Goshen, 360 I.C.C. 91
Collection Activity Under OMB Review the functions of the Department, (1979). To address whether this
including whether the information will condition adequately protects affected
AGENCY: National Highway Traffic
have practical utility; the accuracy of employees, a petition for partial
Safety Administration, DOT.
the Department’s estimate of the burden revocation under 49 U.S.C. 10502(d)
ACTION: Notice. must be filed.
of the proposed information collection;
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SUMMARY: In compliance with the ways to enhance the quality, utility and Provided no formal expression of
Paperwork Reduction Act of 1995 (44 clarity of the information to be intent to file an OFA has been received,
U.S.C. 3501 et seq.), this notice collected; and ways to minimize the this exemption will be effective on
announces that the Information burden of the collection of information March 18, 2008, unless stayed pending
Collection Request (ICR) abstracted on respondents, including the use of reconsideration. Petitions to stay that do

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8928 Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Notices

not involve environmental issues,1 By the Board, David M. Konschnik, not involve environmental issues,2
formal expressions of intent to file an Director, Office of Proceedings. formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and Anne K. Quinlan, OFA under 49 CFR 1152.27(c)(2),3 and
trail use/rail banking requests under 49 Acting Secretary. trail use/rail banking requests under 49
CFR 1152.29 must be filed by February [FR Doc. E8–2762 Filed 2–14–08; 8:45 am] CFR 1152.29 must be filed by February
25, 2008. Petitions to reopen or requests BILLING CODE 4915–01–P 25, 2008. Petitions to reopen or requests
for public use conditions under 49 CFR for public use conditions under 49 CFR
1152.28 must be filed by March 6, 2008, 1152.28 must be filed by March 6, 2008,
with the Surface Transportation Board, DEPARTMENT OF TRANSPORTATION with: Surface Transportation Board, 395
395 E Street, SW., Washington, DC E Street, SW., Washington, DC 20423–
20423–0001. Surface Transportation Board 0001.
A copy of any petition filed with the [STB Docket No. AB–33 (Sub-No. 253X)] A copy of any petition filed with the
Board should be sent to UP’s Board should be sent to UP’s
representative: Mack H. Shumate, Jr., Union Pacific Railroad Company— representative: Mack H. Shumate, Jr.,
101 North Wacker Drive, Room 1920, Abandonment Exemption—in Colorado Senior General Attorney, 101 North
Chicago, IL 60606. and Wharton Counties, TX Wacker Drive, Room 1920, Chicago, IL
If the verified notice contains false or 60606.
misleading information, the exemption Union Pacific Railroad Company (UP) If the verified notice contains false or
is void ab initio. has filed a notice of exemption under 49 misleading information, the exemption
UP has filed both an environmental CFR 1152 Subpart F—Exempt is void ab initio.
report and a historic report that address Abandonments to abandon an 8.3-mile UP has filed a combined
the effects, if any, of the abandonment line of railroad known as the environmental and historic report
on the environment and historic Chesterville Industrial Lead, extending addressing the effects, if any, of the
resources. SEA will issue an from milepost 52.9 near Chesterville to abandonment on the environment and
environmental assessment (EA) by milepost 61.2 near Eagle Lake, in historic resources. SEA will issue an
February 22, 2008. Interested persons Colorado and Wharton Counties, TX.1 environmental assessment (EA) by
may obtain a copy of the EA by writing The line traverses United States Postal February 22, 2008. Interested persons
to SEA (Room 1100, Surface Service Zip Codes 77434 and 77435. may obtain a copy of the EA by writing
Transportation Board, Washington, DC UP has certified that: (1) No local to SEA (Room 1100, Surface
20423–0001) or by calling SEA, at (202) traffic has moved over the line for at Transportation Board, Washington, DC
245–0305. [Assistance for the hearing least 2 years; (2) there is no overhead 20423–0001) or by calling SEA, at (202)
impaired is available through the traffic on the line; (3) no formal 245–0305. [Assistance for the hearing
Federal Information Relay Service complaint filed by a user of rail service impaired is available through the
(FIRS) at 1–800–877–8339.] Comments on the line (or by a state or local Federal Information Relay Service
on environmental and historic government entity acting on behalf of (FIRS) at 1–800–877–8339.] Comments
preservation matters must be filed such user) regarding cessation of service on environmental and historic
within 15 days after the EA becomes over the line either is pending with the preservation matters must be filed
available to the public. Board or with any U.S. District Court or within 15 days after the EA becomes
Environmental, historic preservation, has been decided in favor of available to the public.
public use, or trail use/rail banking complainant within the 2-year period; Environmental, historic preservation,
conditions will be imposed, where and (4) the requirements at 49 CFR public use, or trail use/rail banking
appropriate, in a subsequent decision. 1105.7 (environmental report), 49 CFR conditions will be imposed, where
Pursuant to the provisions of 49 CFR 1105.8 (historic report), 49 CFR 1105.11 appropriate, in a subsequent decision.
1152.29(e)(2), UP shall file a notice of (transmittal letter), 49 CFR 1105.12 Pursuant to the provisions of 49 CFR
consummation with the Board to signify (newspaper publication), and 49 CFR 1152.29(e)(2), UP shall file a notice of
that it has exercised the authority 1152.50(d)(1) (notice to governmental consummation with the Board to signify
granted and fully abandoned the line. If agencies) have been met. that it has exercised the authority
consummation has not been effected by As a condition to this exemption, any granted and fully abandoned the line. If
UP’s filing of a notice of consummation employee adversely affected by the consummation has not been effected by
by February 15, 2009, and there are no abandonment shall be protected under UP’s filing of a notice of consummation
legal or regulatory barriers to Oregon Short Line R. Co.— by February 15, 2009, and there are no
consummation, the authority to Abandonment—Goshen, 360 I.C.C. 91 legal or regulatory barriers to
abandon will automatically expire. (1979). To address whether this consummation, the authority to
Board decisions and notices are condition adequately protects affected abandon will automatically expire.
available on our Web site at http:// employees, a petition for partial Board decisions and notices are
www.stb.dot.gov. revocation under 49 U.S.C. 10502(d) available on our Web site at http://
Decided: February 7, 2008. must be filed. www.stb.dot.gov.
Provided no formal expression of
1 The Board will grant a stay if an informed intent to file an offer of financial 2 The Board will grant a stay if an informed

decision on environmental issues (whether raised assistance (OFA) has been received, this decision on environmental issues (whether raised
by a party or by the Board’s Section of exemption will be effective on March by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
18, 2008, unless stayed pending investigation) cannot be made before the
exemption’s effective date. See Exemption of Out- reconsideration. Petitions to stay that do exemption’s effective date. See Exemption of Out-
of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
rwilkins on PROD1PC63 with NOTICES

request for a stay should be filed as soon as possible 1 UP is seeking to abandon its retained railroad request for a stay should be filed as soon as possible
so that the Board may take appropriate action before operating easement to provide common carrier so that the Board may take appropriate action before
the exemption’s effective date. service over the line. UP previously sold the track the exemption’s effective date.
2 Each OFA must be accompanied by the filing and right-of-way to Metropolitan Transit Authority 3 Each OFA must be accompanied by the filing

fee, which currently is set at $1,300. See 49 CFR of Harris County, TX (Metro). Metro holds no fee, which currently is set at $1,300. See 49 CFR
1002.2(f)(25). common carrier obligation. 1002.2(f)(25).

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