Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 60471

1The Board previously granted an exemption to 

Morristown & Erie Railway, Inc. (M&E) to operate 

the rail property that is the subject of this notice 

of exemption. See Morristown & Erie Railway, 

Inc.—Operation Exemption—Somerset Terminal 

Railroad Corporation, STB Finance Docket No. 

34267 (STB served Dec. 20, 2002).

2By letter filed on September 16, 2004, 

Bridgewater Resources, Inc. (Bridgewater), which 

owns and operates a solid waste transfer facility 

near Bridgewater, NJ, states that neither STRR nor 

M&E have operating rights over the property in 

question. Bridgewater states that it owns the 

exclusive easement over the property, as well as the 

track and track structure. According to Bridgewater, 

Norfolk Southern Railway Company has used the 

track, with Bridgewater’s permission, to provide 

direct rail service to Bridgewater’s facility. 

Bridgewater does not seek to stay the exemption but 

urges the Board in publishing its notice to stress 

that publication of this notice does not constitute 

any finding by the Board concerning the ownership 

of the property involved and does not provide any 

basis for STRR to claim that the Board has 

permitted STRR to conduct or subcontract 

operations in the absence of a decision by the court 

that STRR has the legal right to conduct such 

operations. STRR replied on September 17, 2004.

Under 49 U.S.C. 14303(b), the Board 

must approve and authorize a 

transaction found to be consistent with 

the public interest, taking into 

consideration at least: (1) The effect of 

the transaction on the adequacy of 

transportation to the public; (2) the total 

fixed charges that result; and (3) the 

interest of affected carrier employees. 

Applicant has submitted information, 

as required by 49 CFR 1182.2, including 

information to demonstrate that the 

proposed transaction is consistent with 

the public interest under 49 U.S.C. 

14303(b). Specifically, applicant states 

that the public will be unaffected by the 

proposed transaction because the new 

company will be operated by the same 

managers and in the same manner as 

Raz. Also, CUSA RAZ states that the 

proposed transaction will have no effect 

on fixed charges or employees. 

Applicant states that all qualified Raz 

employees who desire employment will 

be offered employment with CUSA 

RAZ. CUSA RAZ asserts that the 

proposed transaction will allow CUSA 

to extend its advantages of volume 

purchasing power in areas such as 

equipment and fuel to this new 

acquisition. Additional information, 

including a copy of the application, may 

be obtained from Applicant’s 

representative. 

On the basis of the application, the 

Board finds that the proposed 

transaction is consistent with the public 

interest and should be authorized. If any 

opposing comments are timely filed, 

this finding will be deemed vacated 

and, unless a final decision can be made 

on the record as developed, a 

procedural schedule will be adopted to 

reconsider the application. See 49 CFR 

1182.6(c). If no opposing comments are 

filed by the expiration of the comment 

period, this decision will take effect 

automatically and will be the final 

Board action. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

This decision will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered:

1. The proposed finance transaction is 

approved and authorized, subject to the 

filing of opposing comments. 

2. If timely opposing comments are 

filed, the findings made in this decision 

will be deemed vacated. 

3. This decision will be effective on 

November 22, 2004, unless timely 

opposing comments are filed. 

4. A copy of this notice will be served 

on: (1) The U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 400 7th Street, 

SW., Room 8214, Washington, DC 

20590; (2) the U.S. Department of 

Justice, Antitrust Division, 10th Street & 

Pennsylvania Avenue, NW., 

Washington, DC 20530; and (3) the U.S. 

Department of Transportation, Office of 

the General Counsel, 400 7th Street, 

SW., Washington, DC 20590.

Decided: October 4, 2004.

By the Board, Chairman Nober, Vice 

Chairman Mulvey, and Commissioner 

Buttrey. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–22704 Filed 10–7–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34551] 

Standard Terminal Railroad of New 

Jersey, Inc.—Acquisition Exemption—

Rail Line of Joseph C. Horner 

Standard Terminal Railroad of New 

Jersey, Inc. (STRR), a noncarrier, has 

filed a verified notice of exemption 

under 49 CFR 1150.31 to acquire 

approximately 1.25 miles of rail line 

located in the Township of Bridgewater 

and the Borough of Manville, Somerset 

County, NJ, that is part of a rail line 

known as the Reading Company New 

York Branch (also known as the Raritan 

Valley Connecting Track), and 

identified as Line Code 0326, between 

milepost 57.25 at Manville Yard and 

milepost 58.50 at a junction with New 

Jersey’s commuter line.1 STRR will 

provide common carrier rail service 

through a subcontractor who will 

conduct the day-to-day operations on 

the line.

STRR states that it has purchased the 

right to operate over this line of railroad, 

which is owned by Joseph C. Horner, 

pursuant to a perpetual, irrevocable, 

exclusive and assignable easement. 

STRR also states that it has acquired 

title to a railroad bridge spanning the 

Raritan River that connects the 

properties on which the easement lies. 

STRR indicates that, although Mr. 

Horner and STRR effectuated the 

transfer of property by Quitclaim Deeds 

on July 26 and 27, 2002, the ownership 

of the property is a matter pending in 

the United States Bankruptcy Court. In 

the Matter of Bridgwater Resources, Inc.,

No. 00–60057 (WHG) (D.N.J.). 

Publication of this notice and 

effectiveness of the exemption does not 

constitute any finding by the Board 

concerning the ownership of the 

property involved. The exemption 

merely permits STRR and Mr. Horner to 

consummate the described transaction if 

and when they, in fact, have the legal 

capacity to do so.2

It should be noted that there may be 

two operators on the line if STRR begins 

operations. The Board has sanctioned 

dual operations on rail lines previously, 

and requires coordinated dispatching 

and operating protocols to assure safe 

operations. The Federal Railroad 

Administration also has regulations 

governing rail safety in the instance of 

such operations. These regulations have 

assured safe operations in the past and 

may be relied upon to do so in the 

future, on this line and elsewhere. To 

assure coordination of dispatching, 

STRR must certify to the Board that 

coordination protocols for dual 

operations are in place and have been 

fully communicated to the other 

operator before its operations can 

commence on the line under this 

authority. 

STRR 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. 

STRR states that it intends to 

consummate the transaction by the later 

of 7 days after the exemption was filed 

or upon affirmation of its ownership 

rights by the bankruptcy court. 

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. 34551, must be filed with 

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