Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Notices 75599

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34615, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Karl Morell, 

Suite 225, 1455 F Street, NW., 

Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http://

WWW.STB.DOT.GOV.

Decided: December 9, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27628 Filed 12–16–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34611] 

Alabama & Tennessee River Railway, 

LLC—Lease and Operation 

Exemption—CSX Transportation, Inc. 

Alabama & Tennessee River Railway, 

LLC (ATN), a noncarrier, has filed a 

verified notice of exemption under 49 

CFR 1150.31 to lease from CSX 

Transportation, Inc. (CSXT) and operate 

approximately 122 miles of rail lines in 

Alabama as follows: (1) Between 

milepost SG 737.1 of the Belt 

Connecting Track at Birmingham and 

milepost 0AG 85.2 at Guntersville; and 

(2) the Ivalee Branch, between milepost 

0LE 443.0 near Moragne and milepost 

0LE 447.9 at Moragne. 

This transaction is related to STB 

Finance Docket No. 34615, Patrick D. 

Broe and OmniTRAX, Inc.—

Continuance in Control Exemption—

Alabama & Tennessee River Railway, 

LLC, wherein Patrick D. Broe and 

OmniTRAX, Inc., seek to continue in 

control of ATN upon ATN’s becoming a 

Class III rail carrier. 

ATN certifies that its projected 

revenues as a result of this transaction 

will not result in ATN becoming a Class 

II or Class I rail carrier. But, because 

ATN’s projected annual revenues will 

exceed $5 million, ATN certified to the 

Board on November 1, 2004, that, on 

that date, it sent the required notice of 

the transaction to the national offices of 

all labor unions representing employees 

on the affected lines and posted a copy 

of the notice at the workplace of the 

employees on the affected lines. See 49 

CFR 1150.32(e). 

The transaction is expected to be 

consummated on or shortly after 

December 31, 2004 (which is 60 days or 

more after ATN’s certification to the 

Board that it had complied with the 

Board’s regulation at 49 CFR 

1150.32(e)). 

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. 34611, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, one copy of each 

pleading must be served on Karl Morell, 

Suite 225, 1455 F St., NW., Washington, 

DC 20005. 

Board decisions and notices are 

available on our Web site at http://

WWW.STB.DOT.GOV.

Decided: December 9, 2004. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27627 Filed 12–16–04; 8:45 am] 

BILLING CODE 4910–01–P

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics 

Agency Information Collection; 

Activity Under OMB Review; Report of 

Traffic and Capacity Statistics–The T–

100 System

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT.

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, the Bureau of 

Transportation Statistics invites the 

general public, industry and other 

governmental parties to comment on the 

continuing need for and usefulness of 

DOT requiring U.S. and foreign air 

carriers to file traffic and capacity data 

pursuant to 14 CFR 241.19 and part 217, 

respectively. These reports are used to 

measure air transportation activity to, 

from, and within the United States.

DATES: Written comments should be 

submitted by February 15, 2005.

ADDRESSES: Comments should be 

directed to: Office of Airline 

Information, K–14, Room 4125, Bureau 

of Transportation Statistics, 400 Seventh 

Street, SW., Washington, DC 20590–

0001, fax no. 366–3383 or e-mail 

bernard.stankus@bts.gov.

Comments: Comments should identify 

the OMB # 2138–0040. Persons wishing 

the Department to acknowledge receipt 

of their comments must submit with 

those comments a self-addressed 

stamped postcard on which the 

following statement is made: Comments 

on OMB # 2138–0040. The postcard will 

be date/time stamped and returned.

FOR FURTHER INFORMATION CONTACT:

Bernie Stankus Office of Airline 

Information, K–14, Room 4125, Bureau 

of Transportation Statistics, 400 Seventh 

Street, SW., Washington, DC 20590–

0001, (202) 366–4387.

SUPPLEMENTARY INFORMATION: OMB 

Approval No.: 2138–0040. 

Title: Report of Traffic and Capacity 

Statistics—The T–100 System. 

Form No.: Schedules T–100 and T–

100(f). 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Certificated, commuter 

and Foreign air carriers that operate to, 

from or within the United States. 

Number of Respondents: 330. 

Total Burden per Response: 6 hours. 

Total Annual Burden: 24,180 hours. 

Needs and Uses:

Airport Improvement 

The Federal Aviation Administration 

uses enplanement data for U.S. airports 

to distribute the annual Airport 

Improvement Program (AIP) entitlement 

funds to eligible primary airports, i.e., 

airports which account for more than 

0.01 percent of the total passengers 

enplaned at U.S. airports. Enplanement 

data contained in Schedule T–100/T–

100(f) are the sole data base used by the 

FAA in determining airport funding. 

U.S. airports receiving significant 

service from foreign air carriers 

operating small aircraft could be 

receiving less than their fair share of 

AIP entitlement funds. Collecting 

Schedule T–100(f) data for small aircraft 

operations will enable the FAA to more 

fairly distribute these funds.

Air Carrier Safety 

The FAA uses traffic, operational and 

capacity data as important safety 

indicators and to prepare the air carrier 

traffic and operation forecasts that are 

used in developing its budget and 

staffing plans, facility and equipment 

funding levels, and environmental 

impact and policy studies. The FAA 

monitor changes in the number of air 

carrier operations as a way to allocate 

inspection resources and in making 

decisions as to increased safety 

surveillance. Similarly, airport activity 

statistics are used by the FAA to 

develop airport profiles and establish 

priorities for airport inspections.

75600 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Notices 

Acquisitions and Mergers 

While the Justice Department has the 

primary responsibility over air carrier 

acquisitions and mergers, the 

Department reviews the transfer of 

international routes involved to 

determine if they would substantially 

reduce competition, or determine if the 

transaction would be inconsistent with 

the public interest. In making these 

determinations, the proposed 

transaction’s effect on competition in 

the markets served by the affected air 

carriers is analyzed. This analysis 

includes, among other thinks, a 

consideration of the volume of traffic 

and available capacity, the flight 

segments and origins-destinations 

involved, and the existence of entry 

barriers, such as limited airport slots or 

gate capacity. Also included is a review 

of the volume of traffic handled by each 

air carrier at specific airports and in 

specific markets which would be 

affected by the proposed acquisition or 

merger. The Justice Department uses T–

100 data in carrying out its 

responsibilities relating to airline 

competition and consolidation. 

Traffic Forecasting 

The FAA uses traffic, operational and 

capacity data as important safety 

indicators and to prepare the air carrier 

traffic and operation forecasts. These 

forecast as used by the FAA, airport 

managers, the airlines and others in the 

air travel industry as planning and 

budgeting tools. 

Airport Capacity Analysis 

The mix of aircraft type are used in 

determining the practical annual 

capacity (PANCAP) at airports as 

prescribed in the FAA Advisory 

Circular Airport Capacity Criteria Used 

in Preparing the National Airport Plan. 

The PANCAP is a safety-related measure 

of the annual airport capacity or level of 

operations. It is a predictive measure 

which indicates potential capacity 

problems, delays, and possible airport 

expansions or runway construction 

needs. If the level of operations at an 

airport exceeds PANCAP significantly, 

the frequency and length of delays will 

increase, with a potential concurrent 

risk of accidents. Under this program, 

the FAA develops ways of increasing 

airport capacity at congested airports. 

Airline Industry Status Evaluations 

The Department apprises Congress, 

the Administration and others of the 

effect that major changes or innovations 

are having on the air transportation 

industry. For this purpose, summary 

traffic and capacity data as well as the 

detailed segment and market data are 

essential. These data must be timely and 

inclusive to be relevant for analyzing 

emerging issues and must be based 

upon uniform and reliable data 

submissions that are consistent with the 

Department’s regulatory requirements. 

International Negotiations and Routes 

Many air services between the United 

States and foreign countries are 

governed by bilateral agreements. 

Evaluations of existing bilateral 

agreements and proposed changes to 

such agreements are based on a 

determination of the traffic and 

revenues between the United States and 

foreign countries for scheduled 

passenger and cargo flights as well as 

charter services. In order to determine 

conditions of reciprocity and overall 

balance of trade, DOT conducts similar 

analyses for countries with which the 

United States does not have bilateral 

aviation agreements. Information used 

in these analyses includes traffic 

volume by countries and by city-pairs 

for passenger and cargo services and the 

corresponding traffic yields. Load 

factors, aircraft seating configurations, 

cargo capacities and aircraft unit cost 

are also used in the analyses. In limited 

entry markets, the competing air carriers 

are required to submit an operating 

plan. To analyze these plans, the 

Department uses current and historical 

traffic and capacity data to determine 

the reliability of the applicants’

forecasts and to evaluate applicants’

competing fare and service proposals.

Mail Rates 

The Department is responsible for 

establishing international and intraAlaska mail rates. International mail 

rates are set based on scheduled 

operations in four geographic areas: 

Trans-border, Latin America, operations 

over the Atlantic Ocean and operations 

over the Pacific Ocean. Separate rates 

are set for mainline and bush Alaskan 

operations. The rates are updated every 

six months to reflect changes in unit 

costs in each rate-making entity. Traffic 

and capacity data are used in 

conjunction with cost data to develop 

the required unit cost data. 

Essential Air Service 

The Department reassesses service 

levels at small domestic communities to 

assure that capacity level are adequate 

to accommodate current demand. 

System Planning at Airports 

The FAA is charged with 

administering a series of grants that are 

designed to accomplish the necessary 

airport planning for future development 

and growth. These grants are made to 

State metropolitan and regional aviation 

authorities to fund needed airport 

systems planning work. Individual 

airport activity statistics, nonstop 

market data, and service segment data 

are used to prepare airport activity level 

forecasts. 

Review of IATA Agreements 

The Department reviews all of the 

International Air Transport Association 

(IATA) agreements that relate to fares, 

rates, and rules for international air 

transportation to ensure that the 

agreements meet the public interest 

criteria. Current and historic summary 

traffic and capacity data, such as 

revenue ton-miles and available tonmiles, by aircraft type, type of service, 

and length of haul are needed to 

conduct these analyses: to (1) Develop 

the volume elements for passenger/

cargo cost allocations, (2) evaluate 

fluctuations in volume of scheduled and 

charter services, (3) assess the 

competitive impact of different 

operations such as charter versus 

scheduled, (4) calculate load factors by 

aircraft type, and (5) monitor traffic in 

specific markets. 

Foreign Air Carriers Applications 

Foreign air carriers are required to 

submit applications for authority to 

operate to the United States. In 

reviewing these applications the 

Department must find that the requested 

authority is encompassed in a bilateral 

agreement, other intergovernmental 

understanding, or that granting the 

application is in the public interest. In 

the latter cases, T–100 data are used in 

assessing the level of benefits that 

carriers of the applicant’s homeland 

presently are receiving from their U.S. 

operations. These benefits are compared 

and balanced against the benefits U.S. 

carriers receive from their operations to 

the applicant’s homeland. 

Air Carrier Fitness 

The Department determines whether 

U.S. air carriers are and continue to be 

fit, willing and able to conduct air 

service operations without undue risk to 

passengers and shippers. The 

Department monitors a carrier’s load 

factor, operational, and enplanement 

data to compare with other carriers with 

similar operating characteristics. 

Carriers that expand operations are a 

high rate are monitored more closely for 

safety reasons. 

International Civil Aviation 

Organization 

Pursuant to an international 

agreement, the United States is 

obligated to report certain air carrier

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Notices 75601

data to the International Civil Aviation 

Organization (ICAO). The traffic data 

supplied to ICAO are extracted from the 

U.S. air carriers’ Schedule T–100 

submissions. 

The Confidential Information 

Protection and Statistical Efficiency Act 

of 2002 (44 U.S.C. 3501 note), requires 

a statistical agency to clearly identify 

information it collects for non-statistical 

purposes. BTS hereby notifies the 

respondents and the public that BTS 

uses the information it collects under 

this OMB approval for non-statistical 

purposes including, but not limited to, 

publication of both Respondent’s 

identity and its data, submission of the 

information to agencies outside BTS for 

review, analysis and possible use in 

regulatory and other administrative 

matters.

Donald W. Bright, 

Assistant Director, Airline Information.

[FR Doc. 04–27588 Filed 12–16–04; 8:45 am] 

BILLING CODE 4910–FE–P

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics 

Agency Information Collection; 

Activity Under OMB Review; Report of 

Financial and Operating Statistics for 

Small Aircraft Operators

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT.

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, the Bureau of 

Transportation Statistics invites the 

general public, industry and other 

governmental parties to comment on the 

continuing need for and usefulness of 

BTS collecting financial, traffic and 

operating statistics from small 

certificated and commuter air carriers. 

Small certificated air carriers (operate 

aircraft with 60 seats or less or with 

18,000 pounds of payload capacity or 

less) currently must file the two 

quarterly schedules listed below:

F–1 Report of Financial Data, 

F–2 Report of Aircraft Operating 

Expenses and Related Statistics, 

and Commuter air carriers must file 

the Schedule F–1 Report of 

Financial Data. 

Commenters should address whether 

BTS accurately estimated the reporting 

burden and if there are other ways to 

enhance the quality, utility, and clarity 

of the information collected.

DATES: Written comments should be 

submitted by February 15, 2005.

ADDRESSES: Comments should be 

directed to: Office of Airline 

Information, K–14, Room 4125, Bureau 

of Transportation Statistics, 400 Seventh 

Street, SW., Washington, DC 20590–

0001, fax no. 366–3383 or e-mail 

bernard.stankus@bts.gov. 

Comments: Comments should identify 

the OMB #2138–0009. Persons wishing 

the Department to acknowledge receipt 

of their comments must submit with 

those comments a self-addressed 

stamped postcard on which the 

following statement is made: Comments 

on OMB #2138–0009. The postcard will 

be date/time stamped and returned.

FOR FURTHER INFORMATION CONTACT:

Bernie Stankus, Office of Airline 

Information, K–14, Room 4125, Bureau 

of Transportation Statistics, 400 Seventh 

Street, SW., Washington, DC 20590–

0001, (202) 366–4387.

SUPPLEMENTARY INFORMATION: OMB 

Approval No: 2138–0009. 

Title: Report of Financial and 

Operating Statistics for Small Aircraft 

Operators. 

Form No.: BTS Form 298–C. 

Type of Review: Extension of a 

currently approved collection for the 

financial data. 

Respondents: Small certificated and 

commuter air carriers. 

Number of Respondents: 80. 

Estimated Time per Response: 4 hours 

per commuter carrier, 12 hours per 

small certificated carrier. 

Total Annual Burden: 1,600 hours. 

Needs and Uses: Program uses for 

Form 298–C financial data are as 

follows: 

Mail Rates

The Department of Transportation 

sets and updates the Intra-Alaska Bush 

mail rates based on carrier aircraft 

operating expense, traffic, and 

operational data. Form 298–C cost data, 

especially fuel costs, terminal expenses, 

and line haul expenses are used in 

arriving at rate levels. DOT revises the 

established rates based on the 

percentage of unit cost changes in the 

carriers’ operations. These updating 

procedures have resulted in the carriers 

receiving rates of compensation that 

more closely parallel their costs of 

providing mail service and contribute to 

the carriers’ economic well-being. 

Essential Air Service 

DOT often has to select a carrier to 

provide a community’s essential air 

service. The selection criteria include 

historic presence in the community, 

reliability of service, financial stability 

and cost structure of the air carrier. 

Carrier Fitness 

Fitness determinations are made for 

both new entrants and established U.S. 

domestic carriers proposing a 

substantial change in operations. A 

portion of these applications consists of 

an operating plan for the first year (14 

CFR part 204) and an associated 

projection of revenues and expenses. 

The carrier’s operating costs, included 

in these projections, are compared 

against the cost data in Form 298–C for 

a carrier or carriers with the same 

aircraft type and similar operating 

characteristics. Such a review validates 

the reasonableness of the carrier’s 

operating plan. 

The quarterly financial submissions 

by commuter and small certificated air 

carriers are used in determining each 

carrier’s continuing fitness to operate. 

Section 41738 of Title 49 of the United 

States Code requires DOT to find all 

commuter and small certificated air 

carriers fit, willing, and able to conduct 

passenger service as a prerequisite to 

providing such service to an eligible 

essential air service point. In making a 

fitness determination, DOT reviews 

three areas of a carrier’s operation: (1) 

The qualifications of its management 

team, (2) its disposition to comply with 

laws and regulations, and (3) its 

financial posture. DOT must determine 

whether or not a carrier has sufficient 

financial resources to conduct its 

operations without imposing undue risk 

on the traveling public. Moreover, once 

a carrier begins conducting flight 

operations, DOT is required to monitor 

its continuing fitness. 

Senior DOT officials must be kept 

fully informed and advised of all 

current and developing economic issues 

affecting the airline industry. In 

preparing financial condition reports or 

status reports on a particular airline, 

financial and traffic data are analyzed. 

Briefing papers prepared for senior DOT 

officials may use the same information. 

Air Transportation Safety and System 

Stabilization Act 

DOT is using financial data reported 

by small certificated and commuter air 

carriers to establish benchmarks to 

assess the reasonableness of air carrier 

claims under the Stabilization Act. 

The Confidential Information 

Protection and Statistical Efficiency Act 

of 2002 (44 U.S.C. 3501 note), requires 

a statistical agency to clearly identify 

information it collects for non-statistical 

purposes. BTS hereby notifies the 

respondents and the public that BTS 

uses the information it collects under 

this OMB approval for non-statistical 

purposes including, but not limited to,