60472 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Jeffrey O. 

Moreno, Esq., Thompson Hine LLP, 

1920 N Street, NW., Suite 800, 

Washington, DC 20036–1600. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: September 30, 2004. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–22703 Filed 10–7–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics 

[Docket No. BTS–2004–19241] 

Request for Public Comments on 

Reporting Requirements

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT.

ACTION: Request for public comments.

SUMMARY: As part of our data quality 

review, we have contacted Federal 

Express (FedEx Express) concerning the 

carrier’s compliance with the 

Department’s mail reporting 

requirements. FedEx Express states that 

due to the structure and operation of its 

transportation agreement with the 

United States Postal Service, it is no 

longer in a position to comply with the 

mail reporting requirements. BTS is 

seeking public comments on the merits 

of the FedEx Express position and views 

on whether the Department’s mail 

reporting requirements should be 

retained, amended, supplemented, 

replaced, or removed.

DATES: Comments must be received by 

December 7, 2004.

ADDRESSES: You may submit comments 

(identified by DMS Docket Number 

BTS–2004–19241) through the following 

methods: 

Web Site: http://dms.dot.gov. Follow 

the instructions for submitting 

comments on the DOT electronic docket 

site. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

Hand Delivery: Room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Federal Rulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number. Note that all comments 

received will be posted without change 

to http://dms.dot.gov, including any 

personal information provided. You 

should know that anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477–

78) or you may visit http://dms.dot.gov.

Docket: For access to the docket to 

read background documents or 

comments, go to http://dms.dot.gov at 

any time or to Room PL–401 on the 

plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Bernie Stankus, Office of Airline 

Information, Bureau of Transportation 

Statistics, Department of Transportation, 

Room 4125, 400 Seventh Street, SW., 

Washington, DC, 20590–0001, (202) 

366–4387; bernard.stankus@bts.gov.

SUPPLEMENTARY INFORMATION: Pursuant 

to 14 CFR part 241, certain air carriers 

are required to file quarterly BTS 

Schedule P–1.2 Statement of 

Operations. This schedule has a 

separate line item for mail revenues. 

The schedule requires that reporting air 

carriers use account code 3905 for their 

mail revenues. According to BTS, FedEx 

Express has been reporting large 

amounts of mail as freight using account 

code 3906. In addition, pursuant to 14 

CFR 214.19–5, certain air carriers are 

required to report the tons of mail 

carried on each nonstop segment flown 

using account code 239 and tons of mail 

enplaned using account code 219. 

According to BTS, rather than report all 

its mail traffic using these account 

codes, FedEx Express reported a large 

volume of mail as freight using account 

codes 237 and 217. 

Following an April 1, 2004 meeting 

with BTS representatives, FedEx 

Express submitted an April 23 letter 

explaining its position. In its letter, 

FedEx Express asserted that because of 

its unique relationship with the United 

States Postal Service (USPS) it could not 

report its mail traffic in the format 

required by the regulation. According to 

FedEx Express, its transportation 

agreement with USPS is based on 

‘‘linehaul space’’ and is not based on 

weight. Under this agreement, USPS 

purchases cubic feet of space in an 

aircraft. According to FedEx Express, 

USPS can use the space for the U.S. 

mail or shipping USPS supplies. In 

addition, the agreement allows FedEx to 

place its own items in those containers 

which have additional space. Thus, 

according to FedEx Express, it does not 

segregate the USPS product and weigh 

it separately. Therefore, according to 

FedEx Express, it does not have the data 

required by the part 241 regulation. 

FedEx Express is also claiming that 

the reporting codes are not applicable to 

its operations because the codes only 

apply to ‘‘scheduled service’’ and the 

services provided to USPS are ‘‘not part 

of services performed pursuant to 

published flight schedules.’’

FedEx Express also stated that to 

collect the required data would be 

‘‘extremely burdensome’’. According to 

FedEx Express, ‘‘[i]f the Department 

were to insist that FedEx Express 

generate the information, FedEx Express 

would have to unload containers, 

analyze the contents, sort the mail from 

freight, separate priority from nonpriority mail, and weigh each group 

separately.’’

FedEx Express also claimed that the 

disclosure of this required data would 

cause ‘‘serious competitive harm’’ to 

FedEx Express. FedEx Express stated 

that disclosure of the required data 

elements ‘‘would enable competitors to 

undercut [its] pricing or rates in future 

negotiations with USPS.’’ Finally, 

FedEx Express asserted that the data 

serve no official DOT purpose. 

Request for Public Comments 

We are treating FedEx Express’ April 

23rd letter as a waiver request (see 14 

CFR part 241, Section 1–2 and 14 CFR 

385.19(c)). Thus, we are inviting public 

comments on the FedEx Express request 

and views on whether the Department’s 

mail reporting requirements should be 

retained, amended, supplemented, 

replaced, or removed. Based on the 

public comments and a review of the 

waiver request, BTS will consider a 

future rulemaking to amend, 

supplement, replace, or remove the 

relevant regulations. 

We are posing a series of questions in 

the hope that the public comments will 

address several issues in particular: 

(1) Do you use BTS’ mail data 

elements required under part 241 and, 

if so, how do you use the information? 

(2) Should BTS consider these mail 

data elements as confidential business 

information which, if disclosed to the 

Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60473

public, would cause significant 

competitive harm to the supplier of the 

information? 

(3) Should BTS change the manner in 

which it collects these mail data 

elements? 

(4) Should BTS continue to collect the 

mail data elements under part 241? 

(5) Would it be in the public interest 

for BTS to grant FedEx Express’ waiver 

request? 

(6) If your company is subject to the 

current part 241 reporting requirements, 

is it an extreme burden for your 

company to comply with those 

requirements? If so, please explain, in 

detail.

Issued in Washington, DC, on September 

30, 2004. 

Don Bright, 

Assistant Director, Office of Airline 

Information.

[FR Doc. 04–22625 Filed 10–7–04; 8:45 am] 

BILLING CODE 4910–62–P

DEPARTMENT OF THE TREASURY

Submission for OMB Review; 

Comment Request 

September 28, 2004. 

The Department of 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 8, 2004 

to be assured of consideration. 

Alcohol and Tobacco Tax and Trade 

Bureau (TTB) 

OMB Number: 1513–0109. 

Form Number: TTB F 5013.1. 

Type of Review: Extension. 

Title: Electronic filing User Access 

Enrollment Form. 

Description: TTB F 5013.1 will be 

used in a pilot program for electronic 

filing of TTB forms. The pilot is being 

developed by TTB and Treasury’s 

Financial Management Service. 

Participants will need to complete the 

form to be granted a password to access 

the e-filing system. 

Respondents: Business of other forprofit. 

Estimated Number of Respondents:

25. 

Estimated Burden Hours Per 

Respondent: 18 minutes. 

Frequency of Response: Annually. 

Estimated Total Reporting Burden: 7 

hours. 

Clearance Officer: William H. Foster, 

Alcohol and Tobacco Tax and Trade 

Bureau, Room 200 East, 1310 G Street, 

NW., Washington, DC 20005, (202) 927–

8210. 

OMB Reviewer: Joseph F. Lackey, Jr., 

Office of Management and Budget, 

Room 10235, New Executive Office 

Building, Washington, DC 20503, (202) 

395–7316.

Lois K. Holland, 

Treasury PRA Clearance Officer.

[FR Doc. 04–22731 Filed 10–7–04; 8:45 am] 

BILLING CODE 4810–31–P

DEPARTMENT OF THE TREASURY

Submission for OMB Review; 

Comment Request 

September 29, 2004. 

The Department of 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 8, 2004 

to be assured of consideration. 

Alcohol and Tobacco Tax and Trade 

Bureau (TTB) 

OMB Number: 1513–0025. 

Form Number: TTB F 5200. 

Type of Review: Reinstatement. 

Title: Notice of Release of Tobacco 

Products, Cigarette Papers, or Cigarette 

Tubes. 

Description: The form documents 

releases of tobacco products and 

cigarette papers and tubes from customs 

custody and returns of each article to a 

manufacturer or export warehouse 

shipment for use in the United States. 

The form is also used to ensure 

compliance with laws and regulations at 

the time of transactions and for post 

audit examination. 

Respondents: Business of other forprofit. 

Estimated Number of Respondents:

153. 

Estimated Burden Hours per 

Respondent: 15 minutes. 

Frequency of Response: On occasion. 

Estimated Total Reporting Burden:

306 hours.

OMB Number: 1513–0058. 

Recordkeeping Requirement ID 

Number: TTB REC 5130/1. 

Type of Review: Reinstatement. 

Title: Usual and Customary Business 

Records Maintained by Brewers. 

Description: TTB audits brewers’

records to verify production of beer and 

cereal beverage and to verify the 

quantity of beer removed subject to tax 

and removed without payment of tax. 

Respondents: Business of other forprofit. 

Estimated Number of Respondents:

1,400 

Estimated Burden Hours per 

Respondent: 1 hour. 

Frequency of Response: On occasion. 

Estimated Total Reporting Burden: 1 

hour.

OMB Number: 1513–0110. 

Form Number: None. 

Type of Review: Reinstatement. 

Title: Recordkeeping for Tobacco 

Products Removed in Bond from 

Manufacturers Premises for 

Experimental Purposes—27 CFR 

270.232(d). 

Description: The prescribed records 

apply to manufacturers who ship 

tobacco products in bond for 

experimental purposes. TTB can 

examine these records to determine that 

the proprietor has complied with law 

and regulations that allow such tobacco 

products to be shipped in bond for 

experimental purposes without payment 

of the excise tax. 

Respondents: Business of other forprofit. 

Estimated Number of Respondents:

165. 

Estimated Burden Hours per 

Respondent: 1 hour. 

Frequency of Response: On occasion. 

Estimated Total Reporting Burden: 1 

hour. 

Clearance Officer: William H. Foster, 

Alcohol and Tobacco Tax and Trade 

Bureau, Room 200 East, 1310 G. Street, 

NW., Washington, DC 20005, (202) 927–

8210. 

OMB Reviewer: Joseph F. Lackey, Jr., 

Office of Management and Budget, 

Room 10235, New Executive Office 

Building, Washington, DC 20503, (202) 

395–7316.

Lois K. Holland, 

Treasury PRA Clearance Officer.

[FR Doc. 04–22732 Filed 10–7–04; 8:45 am] 

BILLING CODE 4810–31–P