Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Notices 77831

4The rail lines being leased by ATN will not 

connect with the rail lines being acquired by KFR.

1The rail line that KFR is purchasing is located 

between milepost 4.7, near West Kettle Falls, and 

milepost 77.14, at San Poil. While the termini of 

this line are located in the State of Washington, the 

segment of the line between milepost 34.375 and 

milepost 48.79 is located in British Columbia, 

Canada. Consequently, the Board has jurisdiction 

only over the acquisition of the two segments in the 

United States described above.

2The rail segment that KFR is leasing is located 

between milepost 61.0, near Chewelah, and 

milepost 144.0, near Columbia Gardens, British 

Columbia, Canada. The segment of the ChewelahColumbia Gardens line between milepost 139.71 

and milepost 144.0 is located in British Columbia. 

Consequently, the Board has jurisdiction only over 

the lease of the line segment in the United States 

described here. BNSF is retaining restricted 

trackage rights over the segment of the line KFR is 

leasing between milepost 61.0, near Chewelah, and 

milepost 96.0, near Kettle Falls.

Class III railroad. See Patrick D. Broe 

and OmniTRAX, Inc.—Continuance in 

Control Exemption—Alabama & 

Tennessee River Railway, LLC, STB 

Finance Docket No. 34615 (STB served 

Dec. 17, 2004). In a transaction 

scheduled to occur on or after December 

31, 2004, ATN will lease and operate 

certain rail lines in Alabama.4

Applicants state that: (1) the rail lines 

operated by CRL, GWRC, GWR, CBGR, 

MJ, NSR, NOW, PNR, ATR, and FCR do 

not connect with the rail lines being 

purchased or leased by KFR; (2) the 

continuance in control is not part of a 

series of anticipated transactions that 

would connect the rail lines being 

acquired by KFR with any railroad in 

the OmniTRAX corporate family; and 

(3) neither KFR nor any of the carriers 

controlled by OmniTRAX are Class I rail 

carriers. Therefore, the transaction is 

exempt from the prior approval 

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

CFR 1180.2(d)(2). The purpose of the 

transaction is to reduce overhead 

expenses, 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. 

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 verified 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. 34617, 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, 

Of Counsel, Ball Janik LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: December 20, 2004. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–28333 Filed 12–27–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34616] 

Kettle Falls International Railway, 

LLC—Acquisition Exemption—The 

Burlington Northern and Santa Fe 

Railway Company 

Kettle Falls International Railway, 

LLC (KFR), a noncarrier, has filed a 

verified notice of exemption under 49 

CFR 1150.31 to acquire by purchase and 

lease from The Burlington Northern and 

Santa Fe Railway Company (BNSF) rail 

lines in the State of Washington. The 

rail lines being purchased are between: 

(1) milepost 4.7, near West Kettle Falls, 

WA, and milepost 34.375, at the United 

States-Canadian border; and (2) 

milepost 48.79, at the United StatesCanadian border, and milepost 77.14, at 

San Poil, WA.1 The rail lines being 

leased are between: (1) milepost 0.0, 

near Kettle Falls, and milepost 4.7, near 

West Kettle Falls; and (2) milepost 61.0 

near Chewelah, WA, and milepost 

139.71, at the United States-Canadian 

border.2 In addition, KFR will acquire 

incidental overhead trackage rights over 

the rail line between milepost 0.0 near 

Kettle Falls, and milepost 4.7, near West 

Kettle Falls. While KFR is leasing that 

4.7-mile line, KFR is acquiring the 

incidental trackage rights to ensure 

continued access to BNSF for 

interchange at Kettle Falls from the rail 

line KFR is purchasing in the event the 

lease of the line between Kettle Falls 

and West Kettle Falls expires or is 

terminated.

The transaction is related to STB 

Finance Docket No. 34617, Patrick D. 

Broe and OmniTRAX, Inc.—

Continuance in Control Exemption—

Kettle Falls International Railway, LLC, 

wherein Patrick D. Broe and 

OmniTRAX, Inc., have concurrently 

filed a verified notice of exemption to 

continue in control of KFR upon KFR’s 

becoming a Class III rail carrier. 

KFR certifies that its projected 

revenues as a result of this transaction 

will not result in KFR’s becoming a 

Class II or Class I rail carrier, and further 

certifies that its projected annual 

revenues will not exceed $5 million. 

The transaction was expected to be 

consummated on or shortly after 

December 10, 2004. 

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. 34616, 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, 

Of Counsel, Ball Janik LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at 

http://www.stb.dot.gov.

Decided: December 20, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–28334 Filed 12–27–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY

Fiscal Service 

Financial Management Service; 

Proposed Collection of Information: 

List of Data (A) and List of Data (B)

AGENCY: Financial Management Service, 

Fiscal Service, Treasury.

ACTION: Notice and request for 

comments. 

SUMMARY: The Financial management 

Service, 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 a 

continuing information collection. By 

this notice, the Financial Management