New Orleans Public Belt Railroad Corporation-Trackage Rights Exemption-Illinois Central Railroad Company, 28709-28710 [2018-13156]

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[FR Doc. 2018–13212 Filed 6–19–18; 8:45 am] BILLING CODE 4710–24–P PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 28709 SURFACE TRANSPORTATION BOARD [Docket No. FD 36198 (Sub-No. 1)] New Orleans Public Belt Railroad Corporation—Trackage Rights Exemption—Illinois Central Railroad Company On May 21, 2018, New Orleans Public Belt Railroad Corporation (NOPB Corp.) filed a verified notice of exemption in Docket No. FD 36198 for trackage rights under the class exemption at 49 CFR 1180.2(d)(7) 1 and simultaneously filed a petition in this sub-docket to partially revoke the exemption to allow the trackage rights to expire on January 31, 2020. Notice of the exemption in Docket No. FD 36198 was served and published in the Federal Register on June 6, 2018 (83 FR 26,337), and became effective on June 20, 2018. This decision addresses NOPB Corp.’s petition to partially revoke the exemption. As explained by NOPB Corp. in its verified notice of exemption in Docket No. FD 36198, pursuant to a September 16, 2016 temporary trackage rights agreement and subsequent amendment, dated December 28, 2016, NOPB Corp.’s predecessor obtained temporary overhead trackage rights on approximately 6.3 miles of Illinois Central Railroad Company (IC) rail line in New Orleans, La., for the purpose of interchanging traffic with Kansas City Southern Railway Company (KCS) on KCS trackage in New Orleans on a trial basis. See New Orleans Pub. Belt R.R.— Temp. Trackage Rights Exemption—Ill. Cent. R.R., FD 36067 (STB served Jan. 30, 2017); New Orleans Pub. Belt R.R.— Temp. Trackage Rights Exemption—Ill. Cent. R.R., FD 36067 (STB served Oct. 14, 2016). NOPB Corp. states that it acquired its predecessor’s interest in the temporary trackage rights arrangement as part of the transaction authorized in New Orleans Public Belt Railroad— Acquisition & Operation Exemption— Public Belt Railroad Commission of New Orleans, FD 36149 (STB served Dec. 27, 2017). NOPB Corp. states in its petition in this sub-docket that the temporary trackage rights were scheduled to expire on January 31, 2018, but NOPB Corp. and IC entered into a second amendment to the temporary trackage rights agreement, dated January 31, 2018, which further extended the 1 On June 1, 2018, NOPB Corp. supplemented its verified notice of exemption to certify that the traffic subject to the trackage rights does not involve an interchange commitment that limits interchange with a third-party connecting carrier. See NOPB Corp. Letter 1, New Orleans Pub. Belt R.R.— Trackage Rights Exemption—Ill. Cent. R.R., FD 36198. E:\FR\FM\20JNN1.SGM 20JNN1 28710 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices trackage rights until January 31, 2020. NOPB Corp. filed the petition to partially revoke the exemption to allow the trackage rights to expire on that date.2 NOPB Corp. argues that granting its petition will promote the rail transportation policy, will be consistent with the limited scope of the transaction, and will not adversely affect the current competitive situation of any shipper. sradovich on DSK3GMQ082PROD with NOTICES Discussion and Conclusions Although NOPB Corp. and IC have expressly agreed on the duration of the proposed trackage rights agreement, trackage rights approved under the class exemption at 49 CFR 1180.2(d)(7) typically remain effective indefinitely, regardless of any contract provisions. Occasionally, however, the Board has partially revoked a trackage rights exemption to allow those rights to expire after a limited time period rather than lasting in perpetuity. See, e.g., Ind. R.R.—Trackage Rights Exemption—CSX Transp., Inc., FD 36068 (Sub-No. 1) (STB served Feb. 9, 2017); Ind. S. R.R.— Temporary Trackage Rights Exemption—Norfolk S. Ry., FD 35965 (Sub-No. 1) (STB served Nov. 25, 2015). Under 49 U.S.C. 10502, the Board may exempt a person, class of persons, or a transaction or service, in whole or in part, when it finds that: (1) Continued regulation is not necessary to carry out the rail transportation policy of 49 U.S.C. 10101; and (2) either the transaction or service is of limited scope, or regulation is not necessary to protect shippers from the abuse of market power. NOPB Corp.’s trackage rights were already authorized under the class exemption at 49 CFR 1180.2(d)(7) in Docket No. FD 36198. Granting partial revocation in these circumstances would promote the rail transportation policy by eliminating the need to file a second pleading seeking discontinuance when the agreement expires, thereby promoting rail transportation policy goals at 49 U.S.C. 10101(2), (7), and (15). Moreover, limiting the term of the trackage rights is consistent with the limited scope of the transaction previously exempted.3 Therefore, the Board will grant the petition and permit the trackage rights exempted in Docket 2 NOPB explains in its notice of exemption that because the extended trackage rights were to be more than a year in duration, the class exemption for temporary trackage rights under 49 CFR 1180.2(d)(8) was not available. 3 Because the proposed transaction is of limited scope, the Board need not make a market power finding. VerDate Sep<11>2014 17:58 Jun 19, 2018 Jkt 244001 No. FD 36198 to expire on January 31, 2020. To provide the statutorily mandated protection to any employee adversely affected by the discontinuance of trackage rights, the Board will impose the employee protective conditions set forth in Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). This action is categorically excluded from environmental review under 49 CFR 1105.6(c). It is ordered: 1. The petition for partial revocation is granted. 2. Under 49 U.S.C. 10502, the trackage rights described in Docket No. FD 36198 are exempted, as discussed above, to permit the trackage rights to expire on January 31, 2020, subject to the employee protective conditions set forth in Oregon Short Line. 3. Notice will be published in the Federal Register on June 20, 2018. 4. This decision is effective on July 20, 2018. Petitions to stay must be filed by July 2, 2018. Petitions for reconsideration must be filed by July 10, 2018. Decided: June 13, 2018. By the Board, Board Members Begeman and Miller. Kenyatta Clay, Clearance Clerk. [FR Doc. 2018–13156 Filed 6–19–18; 8:45 am] BILLING CODE 4915–01–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket Number USTR–2018–0018] Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative. ACTION: Notice of action, request for comments, and notice of public hearing. AGENCY: The U.S. Trade Representative (Trade Representative) has determined that appropriate action in this investigation includes the imposition of an additional ad valorem duty of 25 percent on products from China classified in the subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) set out in Annex A of this notice. The Trade SUMMARY: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Representative has further determined to establish a process by which U.S. stakeholders may request that particular products classified within a covered tariff subheading in Annex A be excluded from these additional duties. Further, the Office of the U.S. Trade Representative (USTR) is seeking public comment and will hold a public hearing regarding a proposed additional action in this investigation. The proposed additional action is the imposition of an ad valorem duty of 25 percent on products of China classified in the HTSUS subheadings set out in Annex C of this notice. DATES: Applicable date of duties: The additional duties set out in Annex A to this notice are applicable with respect to products that are entered for consumption, or withdrawn from warehouse for consumption, on or after July 6, 2018. Comment and hearing deadline: To be assured of consideration, you must submit comments and responses with respect to the proposed list of products in Annex C to this notice in accordance with the following schedule: June 29, 2018: Due date for filing requests to appear and a summary of expected testimony at the public hearing and for filing pre-hearing submissions. July 23, 2018: Due date for submission of written comments. July 24, 2018: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436 beginning at 9:30 a.m. July 31, 2018: Due date for submission of post-hearing rebuttal comments. ADDRESSES: USTR strongly prefers electronic submissions made through the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments in sections D, E, and F below. The docket number is USTR–2018–0018. FOR FURTHER INFORMATION CONTACT: For questions about the ongoing investigation, action, or proposed additional action, contact USTR Assistant General Counsel Arthur Tsao at (202) 395–5725. For questions on customs classification or implementation of additional duties on products identified in Annex A to this Notice, contact Traderemedy@ cbp.dhs.gov. SUPPLEMENTARY INFORMATION: A. Proceedings in the Investigation On August 18, 2017, the Trade Representative initiated an investigation E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28709-28710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13156]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36198 (Sub-No. 1)]


New Orleans Public Belt Railroad Corporation--Trackage Rights 
Exemption--Illinois Central Railroad Company

    On May 21, 2018, New Orleans Public Belt Railroad Corporation (NOPB 
Corp.) filed a verified notice of exemption in Docket No. FD 36198 for 
trackage rights under the class exemption at 49 CFR 1180.2(d)(7) \1\ 
and simultaneously filed a petition in this sub-docket to partially 
revoke the exemption to allow the trackage rights to expire on January 
31, 2020. Notice of the exemption in Docket No. FD 36198 was served and 
published in the Federal Register on June 6, 2018 (83 FR 26,337), and 
became effective on June 20, 2018. This decision addresses NOPB Corp.'s 
petition to partially revoke the exemption.
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    \1\ On June 1, 2018, NOPB Corp. supplemented its verified notice 
of exemption to certify that the traffic subject to the trackage 
rights does not involve an interchange commitment that limits 
interchange with a third-party connecting carrier. See NOPB Corp. 
Letter 1, New Orleans Pub. Belt R.R.--Trackage Rights Exemption--
Ill. Cent. R.R., FD 36198.
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    As explained by NOPB Corp. in its verified notice of exemption in 
Docket No. FD 36198, pursuant to a September 16, 2016 temporary 
trackage rights agreement and subsequent amendment, dated December 28, 
2016, NOPB Corp.'s predecessor obtained temporary overhead trackage 
rights on approximately 6.3 miles of Illinois Central Railroad Company 
(IC) rail line in New Orleans, La., for the purpose of interchanging 
traffic with Kansas City Southern Railway Company (KCS) on KCS trackage 
in New Orleans on a trial basis. See New Orleans Pub. Belt R.R.--Temp. 
Trackage Rights Exemption--Ill. Cent. R.R., FD 36067 (STB served Jan. 
30, 2017); New Orleans Pub. Belt R.R.--Temp. Trackage Rights 
Exemption--Ill. Cent. R.R., FD 36067 (STB served Oct. 14, 2016). NOPB 
Corp. states that it acquired its predecessor's interest in the 
temporary trackage rights arrangement as part of the transaction 
authorized in New Orleans Public Belt Railroad--Acquisition & Operation 
Exemption--Public Belt Railroad Commission of New Orleans, FD 36149 
(STB served Dec. 27, 2017).
    NOPB Corp. states in its petition in this sub-docket that the 
temporary trackage rights were scheduled to expire on January 31, 2018, 
but NOPB Corp. and IC entered into a second amendment to the temporary 
trackage rights agreement, dated January 31, 2018, which further 
extended the

[[Page 28710]]

trackage rights until January 31, 2020. NOPB Corp. filed the petition 
to partially revoke the exemption to allow the trackage rights to 
expire on that date.\2\ NOPB Corp. argues that granting its petition 
will promote the rail transportation policy, will be consistent with 
the limited scope of the transaction, and will not adversely affect the 
current competitive situation of any shipper.
---------------------------------------------------------------------------

    \2\ NOPB explains in its notice of exemption that because the 
extended trackage rights were to be more than a year in duration, 
the class exemption for temporary trackage rights under 49 CFR 
1180.2(d)(8) was not available.
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Discussion and Conclusions

    Although NOPB Corp. and IC have expressly agreed on the duration of 
the proposed trackage rights agreement, trackage rights approved under 
the class exemption at 49 CFR 1180.2(d)(7) typically remain effective 
indefinitely, regardless of any contract provisions. Occasionally, 
however, the Board has partially revoked a trackage rights exemption to 
allow those rights to expire after a limited time period rather than 
lasting in perpetuity. See, e.g., Ind. R.R.--Trackage Rights 
Exemption--CSX Transp., Inc., FD 36068 (Sub-No. 1) (STB served Feb. 9, 
2017); Ind. S. R.R.--Temporary Trackage Rights Exemption--Norfolk S. 
Ry., FD 35965 (Sub-No. 1) (STB served Nov. 25, 2015).
    Under 49 U.S.C. 10502, the Board may exempt a person, class of 
persons, or a transaction or service, in whole or in part, when it 
finds that: (1) Continued regulation is not necessary to carry out the 
rail transportation policy of 49 U.S.C. 10101; and (2) either the 
transaction or service is of limited scope, or regulation is not 
necessary to protect shippers from the abuse of market power.
    NOPB Corp.'s trackage rights were already authorized under the 
class exemption at 49 CFR 1180.2(d)(7) in Docket No. FD 36198. Granting 
partial revocation in these circumstances would promote the rail 
transportation policy by eliminating the need to file a second pleading 
seeking discontinuance when the agreement expires, thereby promoting 
rail transportation policy goals at 49 U.S.C. 10101(2), (7), and (15). 
Moreover, limiting the term of the trackage rights is consistent with 
the limited scope of the transaction previously exempted.\3\ Therefore, 
the Board will grant the petition and permit the trackage rights 
exempted in Docket No. FD 36198 to expire on January 31, 2020.
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    \3\ Because the proposed transaction is of limited scope, the 
Board need not make a market power finding.
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    To provide the statutorily mandated protection to any employee 
adversely affected by the discontinuance of trackage rights, the Board 
will impose the employee protective conditions set forth in Oregon 
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & 
Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    It is ordered:
    1. The petition for partial revocation is granted.
    2. Under 49 U.S.C. 10502, the trackage rights described in Docket 
No. FD 36198 are exempted, as discussed above, to permit the trackage 
rights to expire on January 31, 2020, subject to the employee 
protective conditions set forth in Oregon Short Line.
    3. Notice will be published in the Federal Register on June 20, 
2018.
    4. This decision is effective on July 20, 2018. Petitions to stay 
must be filed by July 2, 2018. Petitions for reconsideration must be 
filed by July 10, 2018.

    Decided: June 13, 2018.

    By the Board, Board Members Begeman and Miller.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2018-13156 Filed 6-19-18; 8:45 am]
 BILLING CODE 4915-01-P