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. 

62320 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Notices 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information.

Approved: October 19, 2004. 

Joseph Durbala, 

IRS Reports Clearance Officer.

[FR Doc. 04–23845 Filed 10–22–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

Advisory Council to the Internal 

Revenue Service; Meeting

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice.

SUMMARY: The Internal Revenue Service 

Advisory Council (IRSAC) will hold a 

public meeting on Wednesday, 

November 10, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Jacqueline Tilghman, National Public 

Liaison, CL:NPL:P, Room 7567 IR, 1111 

Constitution Avenue, NW., Washington, 

DC 20224. Telephone: 202–622–6440 

(not a toll-free number). E-mail address: 

*public_liaison@irs.gov.

SUPPLEMENTARY INFORMATION: Notice is 

hereby given pursuant to section 

10(a)(2) of the Federal Advisory 

Committee Act, 5 U.S.C. App. (1988), a 

public meeting of the IRSAC will be 

held on Wednesday, November 10, 

2004, from 9 a.m. to 4 p.m. in Room 

3313, main Internal Revenue Service 

building, 1111 Constitution Avenue, 

NW., Washington, DC 20224. Issues to 

be discussed include: LMSB 

Compliance Reengineering, Tax Shelter 

Strategy, Focus on Mid-Market 

Taxpayer Compliance, Earned Income 

Tax Credit, E-Services, Notice Redesign, 

Offer-in-Compromise Program, Tax Gap 

and Abusive Tax Schemes. Reports from 

the three IRSAC sub-groups, Large and 

Mid-size Business, Small Business/SelfEmployed, and Wage & Investment, will 

also be presented and discussed. Last 

minute agenda changes may preclude 

advance notice. The meeting room 

accommodates approximately 50 

people, IRSAC members and Internal 

Revenue Service officials inclusive. Due 

to limited seating and security 

requirements, please call Jacqueline 

Tilghman to confirm your attendance. 

Ms. Tilghman can be reached at 202–

622–6440. Attendees are encouraged to 

arrive at least 30 minutes before the 

meeting begins to allow sufficient time 

for purposes of security clearance. 

Please use the main entrance at 1111 

Constitution Avenue to enter the 

building. Should you wish the IRSAC to 

consider a written statement, please call 

202–622–6440, or write to: Internal 

Revenue Service, Office of National 

Public Liaison, CL:NPL:P, 1111 

Constitution Avenue, NW., Room 7567 

IR, Washington, DC 20224 or e-mail: 

*public_liaison@irs.gov.

Dated: October 19, 2004. 

J. Chris Neighbor, 

Designated Federal Official, Branch Chief, 

Liaison/Tax Forum Branch.

[FR Doc. 04–23844 Filed 10–22–04; 8:45 am] 

BILLING CODE 4830–01–P