76830 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 

1Simultaneously with this filing, in STB Finance 

Docket No. 34613, Permian filed a verified notice 

of exemption to acquire control of West Texas and 

Lubbock Railroad Company, Inc., a Class III short 

line railroad.

2Permian owns the stock of two Class III short 

line railroads, West Texas and Lubbock Railway 

Company, Inc. and the Austin & Northwestern 

Railway Company, Inc., d/b/a Texas New Mexican 

Railroad.

3AERC is currently owned by Kyle Railways, 

Inc., a wholly-owned subsidiary of RailAmerica 

Transportation Corp., a short line railroad holding 

company.

1Simultaneously with this filing, in STB Finance 

Docket No. 34614, Permian filed a verified notice 

of exemption to acquire control of Arizona Eastern 

Railway Company, Inc., a Class III short line 

railroad.

2Permian owns the stock of two Class III short 

line railroads, West Texas and Lubbock Railway 

Company, Inc. (WTLR) and the Austin & 

Northwestern Railway Company, Inc., d/b/a Texas 

New Mexican Railroad.

3WTLRR is currently owned by RailAmerica 

Transportation Corp., a short line railroad holding 

company.

4WTLRR leases its tracks and facilities to WTLR.

allows. You may contact the individual 

under the FOR FURTHER INFORMATION

CONTACT heading for additional 

instructions if you want to file a written 

statement.

Issued in Washington, DC, on December 

16, 2004. 

Brenda Courtney, 

Acting Director, Office of Rulemaking.

[FR Doc. 04–28007 Filed 12–21–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34614] 1

Permian Basin Railways, Inc.—

Acquisition of Control Exemption—

Arizona Eastern Railway Company, 

Inc.

Permian Basin Railways, Inc. 

(Permian),2 a noncarrier and short line 

railroad holding company, has filed a 

verified notice of exemption to acquire 

control through purchase of 100% of the 

outstanding stock of Arizona Eastern 

Railway Company, Inc. (AERC),3 a Class 

III short line railroad.

The transaction was scheduled to be 

consummated on or about December 1, 

2004. 

Permian states that: (i) The railroads 

do not connect; (ii) the transaction is not 

part of a series of anticipated 

transactions that would connect these 

railroads with each other or any railroad 

in their corporate family; and (iii) the 

transaction does not involve a Class I 

carrier. Therefore, the transaction is 

exempt from the prior approval 

requirements of 49 U.S.C. 11323. See 49 

CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III rail carriers. 

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 stay the 

transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34614, 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: John D. 

Heffner, 1920 N Street, NW., Suite 800, 

Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: December 13, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27860 Filed 12–21–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34613] 1

Permian Basin Railways, Inc.—

Acquisition of Control Exemption—

West Texas and Lubbock Railroad 

Company, Inc.

Permian Basin Railways, Inc. 

(Permian),2 a noncarrier and short line 

railroad holding company, has filed a 

verified notice of exemption to acquire 

control through purchase of 100% of the 

outstanding stock of West Texas and 

Lubbock Railroad Company, Inc. 

(WTLRR),3 a nonoperating 4 Class III 

short line railroad.

The transaction was scheduled to be 

consummated on or about December 1, 

2004. 

Permian states that: (i) The railroads 

do not connect; (ii) the transaction is not 

part of a series of anticipated 

transactions that would connect these 

railroads with each other or any railroad 

in their corporate family; and (iii) the 

transaction does not involve a Class I 

carrier. Therefore, the transaction is 

exempt from the prior approval 

requirements of 49 U.S.C. 11323. See 49 

CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III rail carriers. 

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 stay the 

transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34613, 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: John D. 

Heffner, 1920 N Street, NW., Suite 800, 

Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at ‘‘http://

www.stb.dot.gov.’’

Decided: December 13, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27976 Filed 12–21–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics 

Reports, Forms and Recordkeeping 

Requirements; Activity Under OMB 

Review; Airline Service Quality 

Performance

AGENCY: Bureau of Transportation 

Statistics (BTS), DOT.

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below has been forwarded to the Office 

of Management and Budget (OMB) for 

extension of currently approved 

collections. The ICR describes the