San Pedro Valley Holdings, LLC-Acquisition Exemption-San Pedro and Southwestern Railroad Company in Cochise County, Ariz., 49152-49153 [2018-21185]
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49152
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
before. See Saratoga & N. Creek Ry.—
Operation Exemption—Tahawus Line,
FD 35631 (STB served June 1, 2012).
According to the Department, since
obtaining Board authority, SNCR has
moved at most a few carloads of
industrial garnet as well as carloads of
ballast purchased by SNCR for its own
use. The Department further claims that
there is currently no freight service on
the Line and there are only two
potential shippers. The Department
states that SNCR has resorted to using
the right-of-way, which runs through
the state-owned Forest Preserve within
New York’s Adirondack Park, as a
storage facility for obsolete railcars. The
Department states that it is seeking an
adverse abandonment to protect the
Forest Preserve.
In a decision served on February 27,
2018, the Department was granted
exemptions from several statutory
provisions as well as waivers of certain
Board regulations that were not relevant
to its adverse discontinuance
application or that sought information
not available to the Department.
According to the Department, there is
no documentation in its possession that
indicates that the Line contains
federally granted rights-of-way. Any
documentation in the Department’s
possession will be made available
promptly to those requesting it. The
Department’s entire case-in-chief for
adverse abandonment was filed with the
application.
The Department states that the
interests of railroad employees will be
protected by the 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).
Any interested person may file
written comments concerning the
proposed adverse abandonment or
protests (including protestant’s entire
opposition case) by October 25, 2018.
Persons who may oppose the proposed
adverse abandonment but who do not
wish to participate fully in the process
by submitting verified statements of
witnesses containing detailed evidence
should file comments. Persons opposing
the proposed adverse abandonment who
wish to participate actively and fully in
the process should file a protest,
observing the filing, service, and content
requirements of 49 CFR 1152.25. The
Department’s reply is due by November
9, 2018.
All filings in response to this notice
must refer to Docket No. AB 1261 and
must be sent to: (1) Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001; and (2)
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19:22 Sep 27, 2018
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Joshua M. Tallent, New York State
Office of the Attorney General,
Environmental Protection Bureau, The
Capitol, Albany, NY 12224–0341.
Any request for an interim trail use/
railbanking condition under 16 U.S.C.
1247(d) and 49 CFR 1152.29 must be
filed by October 25, 2018, and should
address whether the issuance of a
certificate of interim trail use in this
case would be consistent with the grant
of an adverse abandonment application.
Each trail use request must be
accompanied by a $300 filing fee. See 49
CFR 1002.2(f)(27).
Filings may be submitted either via
the Board’s e-filing format or in the
traditional paper format. Any person
using e-filing should comply with the
instructions found on the Board’s
‘‘www.stb.gov’’ website, at the ‘‘E–
FILING’’ link. Any person submitting a
filing in the traditional paper format
should send the original and 10 copies
of the filing to the Board with a
certificate of service. Except as
otherwise set forth in 49 CFR pt.1152,
every document filed with the Board
must be served on all parties to this
adverse abandonment proceeding. 49
CFR 1104.12(a).
An environmental assessment (EA) (or
environmental impact statement (EIS), if
necessary) prepared by the Board’s
Office of Environmental Analysis (OEA)
will be served upon all parties of record
and upon any agencies or other persons
who commented during its preparation.
Any other persons who would like to
obtain a copy of the EA (or EIS) may
contact OEA by phone at the number
listed below. EAs in these abandonment
proceedings normally will be made
available within 33 days of the filing of
the application. The deadline for
submission of comments on the EA will
generally be within 30 days of its
service. The comments received will be
addressed in the Board’s decision. A
supplemental EA or EIS may be issued
where appropriate.
Persons seeking further information
concerning abandonment procedures
may contact the Board’s Office of Public
Assistance, Governmental Affairs, and
Compliance at (202) 245–0238 or refer
to the full abandonment regulations at
49 CFR pt. 1152. Assistance for the
hearing impaired is available through
the Federal Information Relay Service
(FIRS) at 1–800–877–8339.
Board decisions and notices are
available on our website at www.stb.gov.
Decided: September 25, 2018.
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By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2018–21161 Filed 9–27–18; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36216]
San Pedro Valley Holdings, LLC—
Acquisition Exemption—San Pedro
and Southwestern Railroad Company
in Cochise County, Ariz.
San Pedro Valley Holdings, LLC
(SPVH), a noncarrier, has filed a verified
notice of exemption under 49 CFR
1150.31 to acquire two rail lines owned
by the San Pedro and Southwestern
Railroad Company: (1) From point of
connection to Union Pacific Railroad
(UP) at milepost 1033.25 at or near
Benson, to milepost 1040.15 at or near
St. David, a distance of 6.9 miles in
Cochise County, Ariz.; and (2) from
point of connection to UP at milepost
1074 at or near Wilcox, to all tracks at
Wilcox Yard, a total of 8,281 feet or 1.57
miles, in Cochise County (collectively,
the Lines). The Lines total
approximately 8.47 miles.
This transaction is related to a
concurrently filed verified notice of
exemption in Gregory B. Cundiff—
Continuance in Control Exemption—
San Pedro Valley Holdings, LLC in
Cochise County, Ariz., Docket No. FD
36218, in which CGX, Inc., seeks Board
approval to continue in control of SPVH
upon SPVH’s becoming a Class III rail
carrier.
SPVH certifies that, as a result of the
proposed transaction, its projected
annual revenues will not result in its
becoming a Class I or Class II rail carrier
and will not exceed $5 million. SPVH
also certifies that the proposed
transaction does not involve any
interchange commitments as defined in
49 CFR 1150.43(h).
The earliest this transaction may be
consummated is October 17, 2018, the
effective date of the exemption (30 days
after the verified notice was filed).1
SPVH states that it intends to
consummate the transaction no sooner
than 30 days after the filing of this
notice of exemption.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
1 SPVH filed its verified notice of exemption on
August 30, 2018. On September 17, 2018, however,
SPVH supplemented its verified notice to clarify
references to Docket No. FD 36218. Therefore,
September 17, 2018, is deemed the verified notice’s
filing date.
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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices
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 effectiveness of
the exemption. Petitions to stay must be
filed by October 10, 2018 (at least seven
days before the exemption becomes
effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
36216, must be filed with the Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on SPVH’s counsel, Thomas
F. McFarland, Thomas F. McFarland,
P.C., 208 South LaSalle Street, Suite
1666, Chicago, IL 60604–1228.
According to SPVH, no environmental
or historic documentation or report is
required pursuant to 49 CFR 1105.6(c)
and 1105.8(b).
Board decisions and notices are
available on our website at www.stb.gov.
Decided: September 25, 2018.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018–21185 Filed 9–27–18; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Conforming Amendment and
Modification to Section 301 Action:
China’s Acts, Policies, and Practices
Related to Technology Transfer,
Intellectual Property, and Innovation
Office of the United States
Trade Representative.
ACTION: Notice of modification and
amendment of action.
AGENCY:
In a notice published on
September 21, 2018 (September 21st
Notice), the U.S. Trade Representative
(Trade Representative) adopted a
supplemental action in this 301
investigation by imposing additional
duties on goods of China classified in
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SUMMARY:
VerDate Sep<11>2014
19:22 Sep 27, 2018
Jkt 244001
subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS)
listed in Annex A of that Notice.
Pursuant to a Presidential Proclamation
of July 30, 2018, certain HTSUS
subheadings covered by the
supplemental action will be modified as
of October 1, 2018. This notice conforms
the September 21 supplemental action
to the HTSUS modifications in the
Presidential Proclamation and amends
the prior action taken in the
investigation by removing certain
subheadings of the HTSUS listed in
Annex A to the September 21st Notice.
DATES:
October 1, 2018: The supplemental
301 action is modified to conform to the
HTSUS modifications in the
Presidential Proclamation of July 30,
2018 (Proclamation 9771), as set out in
the Annex to this notice.
September 24, 2018: The modification
removing certain HTSUS subheadings
applies to the date of the imposition of
the additional tariff, as set out in
paragraph C to the Annex to this notice.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, contact
Assistant General Counsels Arthur Tsao
or Megan Grimball, or Director of
Industrial Goods Justin Hoffmann at
(202) 395–5725. For questions on
customs classification or
implementation of additional duties on
products covered in the supplemental
action, contact traderemedy@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION: In the
September 21st Notice (83 FR 47974),
the Trade Representative, in accordance
with the specific direction of the
President, determined to modify the
action being taken in this Section 301
investigation by imposing additional
duties on products of China classified in
the full and partial subheadings of the
HTSUS set out in Annex A to the
September 21st Notice, while
maintaining the prior action being taken
in the investigation. This supplemental
action was effective on September 24,
2018.
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49153
Proclamation 9771 (83 FR 37993),
among other things, modifies the
HTSUS to ensure conformity with U.S.
obligations under the International
Convention on the Harmonized
Commodity Description and Coding
System, based on a recommendation of
the U.S. International Trade
Commission. These HTSUS
modifications are effective October 1,
2018.
The HTSUS modifications in
Proclamation 9771 include certain
subheadings in chapter 44 of the HTSUS
covered by the action in the September
21st Notice. Paragraph A of the Annex
to this notice makes the appropriate
conforming amendments to the
supplemental action set out in the
September 21st Notice. In particular, 14
subheadings in chapter 44 deleted by
Proclamation 9771 are accordingly
deleted from Annex A of the September
21st Notice, and are replaced by the
corresponding 38 new subheadings in
chapter 44 of the HTSUS that were
added by Proclamation 9771. These
changes to the September 21 action are
effective on October 1, 2018.
Paragraph B of the Annex to this
notice corrects a typographical error in
the fourth paragraph of U.S. Note 20(a)
to subchapter III of chapter 99, as set out
in Annex C of the notice published at
83 FR 40823 (August 16, 2018).
To account fully for the extensive
public comments and testimony
previously provided in response to the
Federal Register notices seeking public
comments (83 FR 33608, 83 FR 38760),
the Trade Representative has
determined to further modify the action
being taken in the investigation.
Paragraph C of the Annex to this notice
removes two subheadings from the list
of subheadings of the HTSUS subject to
the additional duties set forth in Annex
A of the September 21st Notice.
Jeffrey Gerrish,
Deputy U.S. Trade Representative.
BILLING CODE 3290–F8–P
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Agencies
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49152-49153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21185]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36216]
San Pedro Valley Holdings, LLC--Acquisition Exemption--San Pedro
and Southwestern Railroad Company in Cochise County, Ariz.
San Pedro Valley Holdings, LLC (SPVH), a noncarrier, has filed a
verified notice of exemption under 49 CFR 1150.31 to acquire two rail
lines owned by the San Pedro and Southwestern Railroad Company: (1)
From point of connection to Union Pacific Railroad (UP) at milepost
1033.25 at or near Benson, to milepost 1040.15 at or near St. David, a
distance of 6.9 miles in Cochise County, Ariz.; and (2) from point of
connection to UP at milepost 1074 at or near Wilcox, to all tracks at
Wilcox Yard, a total of 8,281 feet or 1.57 miles, in Cochise County
(collectively, the Lines). The Lines total approximately 8.47 miles.
This transaction is related to a concurrently filed verified notice
of exemption in Gregory B. Cundiff--Continuance in Control Exemption--
San Pedro Valley Holdings, LLC in Cochise County, Ariz., Docket No. FD
36218, in which CGX, Inc., seeks Board approval to continue in control
of SPVH upon SPVH's becoming a Class III rail carrier.
SPVH certifies that, as a result of the proposed transaction, its
projected annual revenues will not result in its becoming a Class I or
Class II rail carrier and will not exceed $5 million. SPVH also
certifies that the proposed transaction does not involve any
interchange commitments as defined in 49 CFR 1150.43(h).
The earliest this transaction may be consummated is October 17,
2018, the effective date of the exemption (30 days after the verified
notice was filed).\1\ SPVH states that it intends to consummate the
transaction no sooner than 30 days after the filing of this notice of
exemption.
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\1\ SPVH filed its verified notice of exemption on August 30,
2018. On September 17, 2018, however, SPVH supplemented its verified
notice to clarify references to Docket No. FD 36218. Therefore,
September 17, 2018, is deemed the verified notice's filing date.
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If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to revoke the
[[Page 49153]]
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 effectiveness
of the exemption. Petitions to stay must be filed by October 10, 2018
(at least seven days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 36216, must be filed with the Surface Transportation Board, 395 E
Street SW, Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on SPVH's counsel, Thomas F. McFarland, Thomas
F. McFarland, P.C., 208 South LaSalle Street, Suite 1666, Chicago, IL
60604-1228.
According to SPVH, no environmental or historic documentation or
report is required pursuant to 49 CFR 1105.6(c) and 1105.8(b).
Board decisions and notices are available on our website at
www.stb.gov.
Decided: September 25, 2018.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-21185 Filed 9-27-18; 8:45 am]
BILLING CODE 4915-01-P