62318 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Notices 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Update on Potential Withdrawal of 

Tariff Concessions and Increase in 

Applied Duties in Response to 

European Union (EU) Enlargement and 

EU Changes to Its Rice Import Regime

AGENCY: Office of the United States 

Trade Representative.

ACTION: Update for the public.

BACKGROUND: In Federal Register

Notices 04–20543, dated September 10, 

2004, and 04–21762, dated September 

28, 2004, the Office of the U.S. Trade 

Representative sought comments 

concerning a list of goods for which 

tariff concessions may be withdrawn 

and duties may be increased in the 

event the United States cannot reach 

agreement with the European Union 

(EU) for adequate compensation owed 

under World Trade Organization (WTO) 

rules as a result of EU enlargement and 

EU changes to its rice import regime. 

The Trade Policy Staff Committee 

continues to review the public 

comments that it has received in 

response to these Federal Register

notices. As announced at a public 

hearing on September 24, 2004, the 

United States had been subject to a 

deadline of October 1, 2004 to notify the 

WTO of its rights to withdraw 

substantially equivalent concessions 

under GATT 1994 Article XXVIII:3 in 

relation to the issue of EU enlargement. 

The European Communities has 

subsequently extended the United 

States’ and other interested WTO 

Members’ rights to withdraw 

substantially equivalent concessions for 

an additional six months, until April 30, 

2005. In the case of the rice import 

regime change, the United States and 

other interested WTO Members have a 

right to withdraw substantially 

equivalent concessions until March 1, 

2005. The United States Government is 

seeking an immediate negotiated 

resolution of both the enlargement and 

the rice Margin of Preference issues, 

which would alleviate the need for 

increases in U.S. tariffs. However, we 

retain the right to put into force the 

aforementioned tariff increases if 

negotiations do not result in successful 

provision of adequate compensation. 

The United States must notify the World 

Trade Organization at least 30 days 

before such increases could go into 

effect. The United States would also 

provide notification to the public of the 

list of goods affected at least thirty days 

before such increases could go into 

effect. The public is encouraged to call 

Laurie Molnar, Director for European 

and Mediterranean Trade Issues, Office 

of Europe and the Mediterranean, at 

(202) 395–3320, or Sharon Sydow, 

Director for Agriculture, Office of 

Agriculture, Office of the U.S. Trade 

Representative at (202) 395–6127 for 

periodic updates on the status of these 

issues.

Carmen Suro-Bredie, 

Chairman, Trade Policy Staff Committee.

[FR Doc. 04–23821 Filed 10–22–04; 8:45 am] 

BILLING CODE 3190–W5–P

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics 

[Docket No. BTS–2004–19380] 

Request for Public Comments on 14 

CFR Part 241 Reporting Requirements

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT.

ACTION: Request for Public Comments.

SUMMARY: Pursuant to the Department’s 

regulations, certain air carriers are 

required to file BTS Form 41 Schedule 

B–7 (Airframe and Aircraft Engine 

Acquisitions and Retirements) and Form 

41 Schedule B–43 (Inventory of 

Airframes and Aircraft Engines). Under 

the Department’s regulations, the 

Department can withhold confidential 

business information if release of the 

confidential information is likely to 

cause substantial competitive harm to 

the entity that submitted the 

information. Based on the sensitive 

nature of this cost data, carriers have 

filed motions for confidential treatment 

and BTS has routinely granted 

confidential treatment for a ten-year 

period. After receiving notification that, 

upon the expiration of the ten-year 

confidentiality period, the BTS intended 

to release the cost data, the United 

Parcel Service Co. (UPS) and United Air 

Lines, Inc. (United) filed objections to 

the pending release. Both UPS and 

United claimed that the cost data, 

although ten years old, are still so 

sensitive that their release would result 

in competitive harm. 

BTS is seeking public comments on 

the merits of the UPS and United 

positions and views on whether the BTS 

should increase the confidentiality 

period for certain airframe and aircraft 

engine cost data.

DATES: Comments must be received by 

December 27, 2004.

ADDRESSES: You may submit comments 

(identified by DMS Docket Number 

BTS–2004–19380) 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: Clay 

Moritz, Office of Airline Information, 

Bureau of Transportation Statistics, 

Department of Transportation, Room 

4125, 400 Seventh Street, SW., 

Washington, DC, 20590–0001, (202) 

366–4385; clay.moritz@bts.gov.

SUPPLEMENTARY INFORMATION: Pursuant 

to 14 CFR part 241, certain air carriers 

are required to file BTS Form 41 

Schedule B–7 (Airframe and Aircraft 

Engine Acquisitions and Retirements) 

and Form Schedule B–43 (Inventory of 

Airframes and Aircraft Engines). These 

schedules contain cost data concerning 

airframes and aircraft engines. 

Specifically, the motions for 

confidential treatment cover the release 

of data pertaining to airframe and 

aircraft engine acquisitions and 

retirements that are reported in 

Schedule B–7 columns 9 (Cost), 10

Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Notices 62319

(Depreciated Cost or Amortized Value), 

11 (Realization) and the data pertaining 

to an annual inventory of airframes and 

aircraft engines that are reporting in 

Schedule B–43 columns 10 (Acquired 

Cost or Capitalized Value), 11 

(Allowance for Depreciation or 

Amortization), 12 (Depreciated Cost or 

Amortized Value), and 13 (Estimated 

Residual Value). In previous 

confidentiality requests, UPS and 

United requested and the BTS 

effectively granted a ten-year period of 

confidentiality for the cost data reported 

on the Form 41, Schedules B–7 and B–

43. 

Subsequent to the expiration of the 

confidentiality period, BTS informed 

twelve air carriers that the agency 

intended to release the information. In 

a September 14, 2004 letter, UPS filed 

objections to the release and, in a 

September 23, 2004 letter, United also 

filed objections to the release (see BTS 

Docket No. 2004–19380). Both UPS and 

United claim that the information, 

although ten years old, is so sensitive 

that each company would suffer 

‘‘competitive harm’’ if the BTS releases 

the information. 

In its letter, UPS maintains that the 

information is still ‘‘commercially 

sensitive’’ based on three main points: 

(1) Disclosure of the data diminishes 

competition among the major aircraft 

manufacturers; engine manufacturers, 

and new and used aircraft owners and 

lessors who can use the commercially 

sensitive data to closely track UPS’’

acquisition and retirement costs; (2) 

disclosure of the data impairs 

competition among competing domestic 

and foreign airlines in the international 

arena because United States airlines are 

required to reveal major elements of 

their cost structures when their foreign 

competitors are not; and (3) the 

Securities and Exchange Commission 

(SEC) has determined that these data 

should be withheld from public 

disclosure. 

In addition, UPS requested that the 

BTS withhold the information under 

Exemptions 3 and 4 of the Freedom of 

Information Act (FOIA) (See 5 U.S.C. 

552(b)(3) and (4)). Exemption 3 allows 

the withholding of information if the 

disclosure is prohibited by another 

statute and the statute either: ‘‘(A) 

Requires that the matters be withheld 

from the public in such a manner as to 

leave no discretion on the issue, or (B) 

establishes particular criteria for 

withholding or refers to particular types 

of matters to be withheld;’’ (see 5 U.S.C. 

552(b)(3)). UPS stated that a provision 

in the United States Code (see 49 U.S.C. 

40115) qualifies as an Exemption 3 

statute in that the statute allows the 

Department to order certain information 

withheld from public disclosure if the 

disclosure would ‘‘have an adverse 

effect on the competitive position of an 

air carrier in foreign air transportation.’’

(See 49 U.S.C. 40115(a)(2)(B)). 

In light of its objections, UPS 

requested that ‘‘the Department 

continue to afford confidential 

treatment to Form 41 Schedules B–7 

and B–43 and that such confidential 

treatment be continued indefinitely or, 

at a minimum, for [another] ten (10) 

years.’’

United requested an extension based 

on the fact that prices have changed 

little since the 1992 to 1996 period. 

According to United, its ‘‘747s delivered 

in 1994 * * * have aircraft/engine 

prices which are the same as the prices 

of the later delivered 747s, except for 

some minor changes due to price 

escalation provisions and any minor 

configuration changes.’’ United also 

claimed that Exemptions 3 and 4 of 

FOIA protected this information from 

disclosure. United also cited the fact 

that the SEC had provided a period of 

confidentiality for this information. 

Thus, United requested that the BTS 

extend its period of confidentiality until 

December 31, 2006, the expiration date 

for the SEC confidentiality period. 

Request for Public Comments 

We are inviting public comments on 

the UPS and United requests and views 

on whether BTS’ confidentially period 

should be retained or amended. Based 

on the public comments and a review of 

the requests to extend the 

confidentiality period, BTS will 

consider retaining or amending its 

confidentiality period. 

We are posing a series of questions in 

the hope that the public comments will 

address several issues in particular: 

(1) Do you use the airframe and 

aircraft engine cost data required under 

Part 241 and, if so, how do you use the 

data elements? 

(2) Should BTS amend or retain its 

confidentiality period for airframe and 

aircraft engine cost data? 

(3) Should BTS change the manner in 

which it collects these data elements? 

(4) Would it be in the public interest 

for BTS to grant the confidentiality 

extension requests?

Issued in Washington, DC on October 15th, 

2004. 

Don Bright, 

Assistant Director, Office of Airline 

Information.

[FR Doc. 04–23753 Filed 10–22–04; 8:45 am] 

BILLING CODE 4910–62–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

[REG–118620–97] 

Proposed Collection; Comment 

Request for Regulation Project

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning an 

existing final regulation, REG–118620–

97 (TD 8855), Communications Excise 

Tax; Prepared Telephone Cards.

DATES: Written comments should be 

received on or before December 27, 

2004, to be assured of consideration.

ADDRESSES: Direct all written comments 

to Joseph Durbala, Internal Revenue 

Service, room 6516, 1111 Constitution 

Avenue, NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or 

copies of the regulations should be 

directed to Larnice Mack at Internal 

Revenue Service, room 6512, 1111 

Constitution Avenue, NW., Washington, 

DC 20224, or at (202) 622–3179, or 

through the Internet at 

Larnice.Mack@irs.gov.

SUPPLEMENTARY INFORMATION: 

Title: Communications Excise Tax; 

Prepaid Telephone Cards. 

OMB Number: 1545–1628. 

Regulation Project Number: REG–

118620–97. 

Abstract: Carriers must keep certain 

information documenting their sales of 

prepaid telephone cards to other carriers 

to avoid responsibility for collecting tax. 

The regulations provide rules for the 

application of the communications 

excise tax to prepaid telephone cards. 

Current Actions: There are no changes 

being made to this existing regulation. 

Type of Review: Extension of 

currently approved collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents:

104. 

Estimated Time Per Respondent: 20 

min. 

Estimated Total Annual Burden 

Hours: 34.