75598 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Notices 

1 In EC–MAC Motor Carriers Service Association, 

Inc., et al., STB Section 5a Application No. 118 

(Sub-No. 2), et al. (STB served Oct. 16, 2003), the 

Board summarily approved the agreements of 

certain bureaus after noting their full compliance 

with the required conditions, and, for other 

bureaus, the Board listed the specific steps required 

for individual bureau compliance.

2The agreement of the National Bus Traffic 

Association, Inc., was approved without conditions. 

Application of the National Bus Traffic Association, 

Inc., for Extended Approval of its Conformed 

Agreement, Section 5a Application No. 9 

(Amendment No. 8) (STB served May 24, 2002). 

The Household Goods Carriers’ Bureau Committee 

has been operating under its previously approved 

agreement, and may continue to do so, until the 

Board rules on its application for renewal of that 

agreement.

3See National Classification Committee—

Agreement, 3 S.T.B. 917 (1998), 4 S.T.B. 496 (2000), 

and decisions served Nov. 20, 2001, Mar. 27, 2003, 

Oct. 16, 2003, and Dec. 10, 2003.

4See EC–MAC Motor Carriers Service 

Association, Inc., et al., STB Section 5a Application 

No. 118 (Sub-No. 2), et al. (STB served Nov. 20, 

2001, Mar. 27, 2003, and Oct. 16, 2003); Niagara 

Frontier Tariff Bureau, Inc.—Agreement, STB 

Section 5a Application No. 45 (Amendment No. 17) 

(STB served Oct. 16, 2003); Middlewest Motor 

Freight Bureau, Inc.—Renewal of Agreement, STB 

Section 5a Application No. 34 (Sub-No. 10) (STB 

served Jan. 21, 2004); and Pacific Inland Tariff 

Bureau, Inc.—Renewal of Agreement, STB Section 

5a Application No. 22 (Sub-No. 8) (STB served Jan. 

15, 2004).

1CRL’s and MJ’s lines are located in Illinois; 

GWRC’s line and FCR’s lines are located in Georgia; 

GWR’s lines are located in Colorado; CBGR’s lines 

are located in Iowa; NOW’s line and NSR’s lines are 

located in Ohio; and PNR’s line and ATR’s lines are 

located in Texas.

2OmniTRAX indicates that it will soon file for 

authority to control a new carrier, Kettle Falls 

International Railway, LLC, that will be acquiring 

and leasing rail lines in the State of Washington.

Under this provision, the Board must 

now commence a review proceeding. 

The Board is hereby commencing the 

required statutory review proceeding. 

Approvals of existing agreements will 

continue in effect unless the Board 

determines otherwise. 

Each bureau should, at a minimum, 

file a statement with the Board 

indicating whether it desires to continue 

to have its collective-activities 

agreement approved by the Board. The 

Board’s records indicate that approvals 

for the agreements of the following 

ratemaking bureaus have expired for 

lack of timely compliance with the 

conditions on renewal imposed by the 

Board during the prior review cycle: 

Machinery Haulers Association, Inc.; 

Motor Carriers Traffic Association; 

Nationwide Bulk Trucking Association, 

Inc.; New England Motor Rate Bureau; 

and Willamette Tariff Bureau, Inc.1 If 

the Board’s records are incorrect in this 

respect, each affected bureau must 

notify the Board.

The Board also is particularly 

interested in whether anything affecting 

the public interest has changed since 

the prior review cycle. In that review 

cycle, the Board approved the bureaus’

applications for renewal of their 

agreements, subject to conditions.2 In 

particular, the Board required the 

National Classification Committee to 

amend its agreement to provide: (1) 

Shippers with access to specified 

additional information at an earlier 

stage in the classification process; (2) 

resolution of classification dockets by a 

single, expedited decision; and (3) the 

right to seek an initial review of that 

decision by a neutral arbitrator.3 The 

Board required the ratemaking bureaus 

to amend their agreements to provide 

for: (1) The furnishing of a ‘‘truth-inrates notice’’ when collective rates are 

quoted; and (2) a prohibition of use of 

a loss-of-discount penalty for late 

payment of rates.4 Information on 

whether these conditions are working as 

intended would be especially helpful. 

Board filings, decisions, and notices 

are available on its Web site at http://

www.stb.dot.gov.

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources.

Decided: December 13, 2004. 

By the Board, Chairman Nober, Vice 

Chairman Mulvey, and Commissioner 

Buttrey. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–27629 Filed 12–16–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34615] 

Patrick D. Broe and OmniTRAX, Inc.—

Continuance in Control Exemption—

Alabama & Tennessee River Railway, 

LLC 

Patrick D. Broe (Mr. Broe) and 

OmniTRAX, Inc. (OmniTRAX), 

noncarriers, have filed a verified notice 

of exemption to continue in control of 

Alabama & Tennessee River Railway, 

LLC (ATN), upon ATN’s becoming a 

Class III rail carrier. 

The transaction is expected to be 

consummated on or shortly after 

December 31, 2004. 

The transaction is related to STB 

Finance Docket No. 34611, Alabama & 

Tennessee River Railway, LLC—Lease 

and Operation Exemption—CSX 

Transportation, Inc., wherein ATN 

seeks 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. 

Mr. Broe directly controls OmniTRAX 

that currently controls 10 Class III 

railroads: Chicago Rail Link, LLC (CRL), 

Georgia Woodlands Railroad, LLC 

(GWRC), Great Western Railway of 

Colorado, LLC (GWR), Great Western 

Railway of Iowa, LLC (CBGR), 

Manufacturers’ Junction Railway, LLC 

(MJ), Newburgh & South Shore Railroad 

Limited (NSR), Northern Ohio & 

Western Railway, LLC OW), Panhandle 

Northern Railroad, LLC (PNR), Alliance 

Terminal Railroad, LLC (ATR), and 

Fulton County Railway, LLC (FCR).1

OmniTRAX also controls ATN, a 

Colorado Limited Liability Company 

formed for the purpose of leasing and 

operating certain rail lines owned by 

CSXT in the State of Alabama. 

Applicants state that the purpose sought 

to be accomplished by the proposed 

transaction is to reduce overhead 

expenses, and coordinate billing, 

maintenance, mechanical and personnel 

policies and practices of its rail carrier 

subsidiaries, and thereby improve the 

overall efficiency of rail service 

provided by the 11 railroads.2

Applicants state that: (i) The rail lines 

being leased by ATN do not connect 

with any of the lines of the railroads 

under their control or within their 

corporate family, (ii) the transaction is 

not a part of a series of anticipated 

transactions that would connect the rail 

lines being leased by ATN with any 

railroad in the OmniTRAX corporate 

family, and (iii) the transaction does not 

involve a Class I railroad. 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 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 

automatically stay the transaction.

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.