City of Los Angeles-Abandonment Exemption-in Los Angeles County, Cal., 30349-30350 [2021-11822]
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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices
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[FR Doc. 2021–11818 Filed 6–4–21; 8:45 am]
BILLING CODE 4710–09–P
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Jkt 253001
SURFACE TRANSPORTATION BOARD
[Docket No. AB 1094X]
City of Los Angeles—Abandonment
Exemption—in Los Angeles County,
Cal.
The City of Los Angeles (the City) has
filed a verified notice of exemption
under 49 CFR part 1152 subpart F—
Exempt Abandonments to abandon a
2.6-mile portion of a rail line known as
the San Pedro Subdivision extending
from milepost 4.00 (north of Front Street
and east of the Gaffey Street Lead) to the
end of the line at milepost 6.60 in Los
Angeles County, Cal. (the Line). The
Line traverses U.S. Postal Service Zip
Code 90731.
The City has certified that: (1) No
local traffic has moved over the Line for
at least two years; (2) no overhead traffic
will need to be rerouted because the
Line is stub-ended; (3) no formal
complaint filed by a user of rail service
on the Line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the Line either is pending with the
Surface Transportation Board (Board) or
with any U.S. District Court or has been
decided in favor of a complainant
within the two-year period; and (4) the
requirements of 49 CFR 1105.7 and
1105.8 (notice of environmental and
historic reports), 49 CFR 1105.9 (Coastal
Zone Management Act), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received,1 the
exemption will be effective on July 7,
2021, unless stayed pending
reconsideration. The City
simultaneously has filed in this
proceeding a petition for exemption
from the OFA provisions at 49 U.S.C.
10904 and the public use provisions at
1 Persons interested in submitting an OFA must
first file a formal expression of intent to file an
offer, indicating the type of financial assistance they
wish to provide (i.e., subsidy or purchase) and
demonstrating that they are preliminarily
financially responsible. See 49 CFR 1152.27(c)(2)(i).
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
30349
49 U.S.C. 10905.2 That petition will be
addressed in a subsequent decision.
Petitions to stay that do not involve
environmental issues,3 formal
expressions of intent to file an OFA
under 49 CFR 1152.27(c)(2), and interim
trail use/rail banking requests under 49
CFR 1152.29 must be filed by June 17,
2021.4 Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by June 28, 2021.
All pleadings, referring to Docket No.
AB 1094X, should be filed with the
Surface Transportation Board via efiling on the Board’s website. In
addition, a copy of each pleading must
be served on the City’s representative,
Allison I. Fultz, Kaplan Kirsch &
Rockwell, 1001 Connecticut Avenue
NW, Suite 800, Washington, DC 20036.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
The City has filed a combined
environmental and historic report that
addresses the potential effects, if any, of
the abandonment on the environment
and historic resources. OEA will issue a
Draft Environmental Assessment (Draft
EA) by June 11, 2021. The Draft EA will
be available to interested persons on the
Board’s website, by writing to OEA, or
by calling OEA at (202) 245–0305.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339. Comments
on environmental and historic
preservation matters must be filed
within 15 days after the Draft EA
becomes available to the public.
Environmental, historic preservation,
public use, or interim trail use/rail
banking conditions will be imposed,
where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), the City shall file a notice
of consummation with the Board to
2 While this is not the preferred procedural
approach, it will be permitted here. See Union Pac.
R.R.—Aban. Exemption—in Adams, Weld &
Boulder Cntys., Colo., AB 33 (Sub-No. 307X), slip
op. at 1 n.2 (STB served Oct. 18, 2012) (‘‘Even if
the abandonment is eligible for a class exemption,
if a petitioner also seeks exemptions that must be
ruled upon by the entire Board, the better practice
is to file one petition for exemption seeking both
the abandonment and any other requested
exemptions.’’).
3 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
4 Filing fees for OFAs and trail use requests can
be found at 49 CFR 1002.2(f)(25) and (27),
respectively.
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30350
Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices
signify that it has exercised the
authority granted and fully abandoned
the Line. If consummation has not been
effected by the City’s filing of a notice
of consummation by June 7, 2022, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available at www.stb.gov.
Decided: June 1, 2021.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021–11822 Filed 6–4–21; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2021–0004]
Notice of Action in the Section 301
Investigation of Italy’s Digital Services
Tax
Office of the United States
Trade Representative (USTR).
ACTION: Notice.
AGENCY:
On January 6, 2021, the U.S.
Trade Representative announced a
determination that Italy’s Digital
Services Tax (DST) is unreasonable or
discriminatory and burdens or restricts
U.S. commerce. This notice announces
the U.S. Trade Representative’s
determination to take action in the form
of additional duties of 25 percent on the
products of Italy specified in Annex A
to this notice. The U.S. Trade
Representative has further determined
to suspend application of the additional
duties for a period of up to 180 days.
DATES:
June 2, 2021: The U.S. Trade
Representative determined to take
action in the form of additional duties
of 25 percent on products of Italy
specified in Annex A.
November 29, 2021: The end of the
180-day suspension period for the
additional duties.
FOR FURTHER INFORMATION CONTACT: For
questions concerning the investigation,
please contact Benjamin Allen, Thomas
Au, or Patrick Childress, Assistant
General Counsels at: (202) 395–9439,
(202) 395–0380, and (202) 385–9531,
respectively; Robert Tanner, Director,
Services and Investment at (202) 395–
6125; or Michael Rogers, Director for
Europe and the Middle East at (202)
395–2684. For specific questions on
customs classification or
implementation of additional duties on
products, contact traderemedy@cbp.gov.
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SUMMARY:
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17:36 Jun 04, 2021
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SUPPLEMENTARY INFORMATION:
I. Proceedings in the Investigation
Italy has adopted a DST that applies
to companies that during the previous
calendar year, generated Ö750 million or
more in worldwide revenues and Ö5.5
million or more in revenues deriving
from the provision of digital services in
Italy. On June 2, 2020, the U.S. Trade
Representative initiated an investigation
of Italy’s DST pursuant to section
302(b)(1)(A) of the Trade Act of 1974, as
amended (Trade Act). See 85 FR 34709
(June 5, 2020) (notice of initiation). The
notice of initiation solicited written
comments on, inter alia, the following
aspects of Italy’s DST: Discrimination
against U.S. companies; retroactivity;
and possibly unreasonable tax policy.
With respect to tax policy, USTR
solicited comments on, inter alia,
whether the DST diverged from
principles reflected in the U.S. and
international tax systems including
extraterritoriality; taxing revenue not
income; and a purpose of penalizing
particular technology companies for
their commercial success. Interested
persons filed over 380 written
submissions in response. The public
submissions are available on
www.regulations.gov in docket number
USTR–2020–0022.
Under section 303 of the Trade Act,
the U.S. Trade Representative requested
consultations with the government of
Italy regarding the issues involved in
the investigation. Consultations were
held on November 10, 2020. Based on
information obtained during the
investigation, USTR prepared a
comprehensive report on Italy’s DST,
which is posted on the USTR website at
https://ustr.gov/issue-areas/
enforcement/section-301-investigations/
section-301-digital-services-taxes. The
report includes a full description of
Italy’s DST, and supports findings that
Italy’s DST is unreasonable and
discriminatory and burdens or restricts
U.S. commerce. On January 6, 2021,
based on the information obtained
during the investigation and the advice
of the Section 301 Committee, the U.S.
Trade Representative determined that
Italy’s DST is unreasonable or
discriminatory and burdens or restricts
U.S. commerce, and therefore is
actionable under sections 301(b) and
304(a) of the Trade Act. See 86 FR 2477
(January 12, 2021).
On March 31, 2021, USTR issued a
notice proposing that appropriate action
would include additional ad valorem
duties of up to 25 percent on products
of Italy to be drawn from a list of 59
tariff subheadings of the Harmonized
Tariff Schedule of the United States
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Frm 00101
Fmt 4703
Sfmt 4703
(HTSUS) included in the annex to that
notice. The March 31, 2021 notice
requested comments on the proposed
action as well as on other potential
actions in the investigation. Witnesses
provided testimony at public hearings
on May 3 and May 6, 2021, and
interested persons filed written
comments. Transcripts from the
hearings are available on the USTR
website at: https://ustr.gov/issue-areas/
enforcement/section-301-investigations/
section-301-digital-services-taxes. The
written public submissions are available
at: https://comments.ustr.gov/s/
docket?docketNumber=USTR-20210004 and https://comments.ustr.gov/s/
docket?docketNumber=USTR-20210008.
II. Determination of Action To Be
Taken in the Investigation
In accordance with section 301(b) of
the Trade Act, the U.S. Trade
Representative has determined that
action is appropriate in this
investigation. Section 301(b) provides
that upon determining that the acts,
policies, and practices under
investigation are actionable and that
action is appropriate, the U.S. Trade
Representative shall take all appropriate
and feasible action authorized under
section 301(c) of the Trade Act, subject
to the specific direction, if any, of the
President regarding such action, and all
other appropriate and feasible action
within the power of the President that
the President may direct the U.S. Trade
Representative to take under section
301(b), to obtain the elimination of that
act, policy, or practice. Section
304(a)(2)(B) provides that the U.S. Trade
Representative shall make the
determination of what action to take on
or before the date that is 12 months after
the date on which the investigation was
initiated, or in this case, by June 2,
2021.
Pursuant to sections 301(b) and (c) of
the Trade Act, and in accordance with
the advice of the Section 301
Committee, the U.S. Trade
Representative has determined that
appropriate action is the imposition of
ad valorem duties of 25 percent on
products of Italy specified in Annex A
to this notice. Annex A contains a list
of 44 tariff subheadings, with an
estimated trade value for calendar year
2019 of approximately $386 million. In
making this determination, the U.S.
Trade Representative considered the
public comments submitted in the
investigation, as well as advice of
advisory committees. In determining the
level of trade covered by the additional
duties, the U.S. Trade Representative
considered the value of digital
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Agencies
[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Notices]
[Pages 30349-30350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11822]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 1094X]
City of Los Angeles--Abandonment Exemption--in Los Angeles
County, Cal.
The City of Los Angeles (the City) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon a 2.6-mile portion of a rail line known as the San Pedro
Subdivision extending from milepost 4.00 (north of Front Street and
east of the Gaffey Street Lead) to the end of the line at milepost 6.60
in Los Angeles County, Cal. (the Line). The Line traverses U.S. Postal
Service Zip Code 90731.
The City has certified that: (1) No local traffic has moved over
the Line for at least two years; (2) no overhead traffic will need to
be rerouted because the Line is stub-ended; (3) no formal complaint
filed by a user of rail service on the Line (or by a state or local
government entity acting on behalf of such user) regarding cessation of
service over the Line either is pending with the Surface Transportation
Board (Board) or with any U.S. District Court or has been decided in
favor of a complainant within the two-year period; and (4) the
requirements of 49 CFR 1105.7 and 1105.8 (notice of environmental and
historic reports), 49 CFR 1105.9 (Coastal Zone Management Act), 49 CFR
1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication),
and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been
met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address
whether this condition adequately protects affected employees, a
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received,\1\ the exemption will be
effective on July 7, 2021, unless stayed pending reconsideration. The
City simultaneously has filed in this proceeding a petition for
exemption from the OFA provisions at 49 U.S.C. 10904 and the public use
provisions at 49 U.S.C. 10905.\2\ That petition will be addressed in a
subsequent decision.
---------------------------------------------------------------------------
\1\ Persons interested in submitting an OFA must first file a
formal expression of intent to file an offer, indicating the type of
financial assistance they wish to provide (i.e., subsidy or
purchase) and demonstrating that they are preliminarily financially
responsible. See 49 CFR 1152.27(c)(2)(i).
\2\ While this is not the preferred procedural approach, it will
be permitted here. See Union Pac. R.R.--Aban. Exemption--in Adams,
Weld & Boulder Cntys., Colo., AB 33 (Sub-No. 307X), slip op. at 1
n.2 (STB served Oct. 18, 2012) (``Even if the abandonment is
eligible for a class exemption, if a petitioner also seeks
exemptions that must be ruled upon by the entire Board, the better
practice is to file one petition for exemption seeking both the
abandonment and any other requested exemptions.'').
---------------------------------------------------------------------------
Petitions to stay that do not involve environmental issues,\3\
formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),
and interim trail use/rail banking requests under 49 CFR 1152.29 must
be filed by June 17, 2021.\4\ Petitions to reopen or requests for
public use conditions under 49 CFR 1152.28 must be filed by June 28,
2021.
---------------------------------------------------------------------------
\3\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible so that the
Board may take appropriate action before the exemption's effective
date.
\4\ Filing fees for OFAs and trail use requests can be found at
49 CFR 1002.2(f)(25) and (27), respectively.
---------------------------------------------------------------------------
All pleadings, referring to Docket No. AB 1094X, should be filed
with the Surface Transportation Board via e-filing on the Board's
website. In addition, a copy of each pleading must be served on the
City's representative, Allison I. Fultz, Kaplan Kirsch & Rockwell, 1001
Connecticut Avenue NW, Suite 800, Washington, DC 20036.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
The City has filed a combined environmental and historic report
that addresses the potential effects, if any, of the abandonment on the
environment and historic resources. OEA will issue a Draft
Environmental Assessment (Draft EA) by June 11, 2021. The Draft EA will
be available to interested persons on the Board's website, by writing
to OEA, or by calling OEA at (202) 245-0305. Assistance for the hearing
impaired is available through the Federal Relay Service at (800) 877-
8339. Comments on environmental and historic preservation matters must
be filed within 15 days after the Draft EA becomes available to the
public.
Environmental, historic preservation, public use, or interim trail
use/rail banking conditions will be imposed, where appropriate, in a
subsequent decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), the City shall
file a notice of consummation with the Board to
[[Page 30350]]
signify that it has exercised the authority granted and fully abandoned
the Line. If consummation has not been effected by the City's filing of
a notice of consummation by June 7, 2022, and there are no legal or
regulatory barriers to consummation, the authority to abandon will
automatically expire.
Board decisions and notices are available at www.stb.gov.
Decided: June 1, 2021.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-11822 Filed 6-4-21; 8:45 am]
BILLING CODE 4915-01-P