Federal Register/Vol. 74, No. 190/Friday, October 2

50998 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices the United States may announce to attached, it is sufficient to type ‘‘See pursuant to 15 CFR 2006.13, except implement the decision. attached’’ in the ‘‘Type Comment and confidential business information China alleges that the higher tariffs, Upload File’’ field. exempt from public inspection in not having been justified as emergency A person requesting that information accordance with 15 CFR 2006.15 or action under relevant WTO rules, are contained in a comment submitted by information determined by USTR to be inconsistent with Article I:1 of the that person be treated as confidential confidential in accordance with 19 General Agreement on Tariffs and Trade business information must certify that U.S.C. 2155(g)(2). Comments open to 1994 (‘‘GATT 1994’’). China also alleges such information is business public inspection may be viewed on the that these measures have not been confidential and would not customarily http://www.regulations.gov Web site. properly justified pursuant to Article be released to the public by the XIX of the GATT 1994 and the WTO submitter. Confidential business Daniel Brinza, Agreement on Safeguards. China also information must be clearly designated Assistant United States Trade Representative alleges that these measures have not as such and the submission must be for Monitoring and Enforcement. been properly justified as China-specific marked ‘‘BUSINESS CONFIDENTIAL’’ [FR Doc. E9–23829 Filed 10–1–09; 8:45 am] restrictions under the Protocol on the at the top and bottom of the cover page BILLING CODE 3190–W9–P Accession of the People’s Republic of and each succeeding page. Any China (Protocol of Accession). comment containing business Furthermore, China alleges that the confidential information must be DEPARTMENT OF TRANSPORTATION U.S. statute authorizing these China- submitted by fax to Sandy McKinzy at specific restrictions is inconsistent on (202) 395–3640. A non-confidential Surface Transportation Board its face with Article 16 of the Protocol summary of the confidential [STB Finance Docket No. 35259] of Accession because, according to information must be submitted to China, the statute impermissibly defines http://www.regulations.gov. The non- Boise Valley Railroad, Inc.— ‘‘significant cause’’ more narrowly than confidential summary will be placed in Assignment of Lease Exemption— required by the ordinary meaning of the the docket and open to public Union Pacific Railroad Company and phrase as used in Article 16.4 of the inspection. Idaho Northern & Pacific Railroad Protocol of Accession. Finally, China Information or advice contained in a Company alleges that each measure, as applied, is comment submitted, other than business also inconsistent with the Protocol of confidential information, may be Boise Valley Railroad, Inc. (BVR), a Accession. determined by USTR to be confidential noncarrier, has filed a verified notice of in accordance with section 135(g)(2) of exemption under 49 CFR 1150.31 to Public Comment: Requirements for the Trade Act of 1974 (19 U.S.C. acquire by assignment of lease from Submissions 2155(g)(2)). If the submitter believes that Idaho Northern and Pacific Railroad Interested persons are invited to information or advice may qualify as Company (INPR) the operating and lease submit written comments concerning such, the submitter— rights over approximately 35.99 miles the issues raised in this dispute. Persons (1) Must clearly so designate the (not including yard tracks) of rail lines may submit public comments information or advice; owned by Union Pacific Railroad electronically to http:// (2) Must clearly mark the material as Company (UP). The lines BVR seeks to www.regulations.gov docket number ‘‘SUBMITTED IN CONFIDENCE’’ at the acquire by assignment of lease are: (i) USTR–2009–0035. If you are unable to top and bottom of the cover page and between milepost 0.2, near Caldwell, ID, provide submissions by http:// each succeeding page; and and milepost 11.39, at Wilder; ID; (ii) www.regulations.gov, please contact (3) Must provide a non-confidential between milepost 443.0, near Hillcrest, Sandy McKinzy at (202) 395–9483 to summary of the information or advice. ID, and milepost 467.8, at Nampa, ID; arrange for an alternative method of Any comment containing confidential and (iii) track numbers 40, 401, 402, transmission. information must be submitted by fax. A 403, 404, 406, 407, 408, 409, 410, 411, To submit comments via http:// non-confidential summary of the 412, 413, 414, and 415 in UP’s Nampa www.regulations.gov, enter docket confidential information must be Yard, at Nampa. BVR will also acquire number USTR–2009–0035 on the home submitted to http:// by assignment from INPR approximately page and click ‘‘search’’. The site will www.regulations.gov. The non- 12.11 miles of incidental trackage rights provide a search-results page listing all confidential summary will be placed in over two segments of UP’s lines in order documents associated with this docket. the docket and open to public to interchange traffic with UP at Nampa Find a reference to this notice by inspection. and to access one of the leased lines. selecting ‘‘Notice’’ under ‘‘Document USTR will maintain a docket on this The incidental trackage rights BVR Type’’ on the left side of the search- dispute settlement proceeding seeks to acquire by assignment of lease results page, and click on the link accessible to the public. The public file are between: (i) milepost 465.91, at entitled ‘‘Submit a Comment.’’ (For will include non-confidential comments Caldwell, and milepost 454.0, at Nampa; further information on using the received by USTR from the public with and (ii) milepost 465.91, at Caldwell, http://www.regulations.gov Web site, respect to the dispute; if a dispute and milepost 0.2, near Caldwell, on the please consult the resources provided settlement panel is convened or in the Wilder Branch.1 on the Web site by clicking on ‘‘How to event of an appeal from such a panel, This transaction is related to the Use This Site’’ on the left side of the the U.S. submissions, any non- concurrently filed notice of exemption home page.) confidential submissions, or non- in STB Finance Docket No. 35260, The http://www.regulations.gov site confidential summaries of submissions, Watco Companies, Inc—Continuance in provides the option of providing received from other participants in the Control Exemption—Boise Valley comments by filling in a ‘‘Type dispute; the report of the panel; and, if Comment and Upload File’’ field, or by applicable, the report of the Appellate 1 According to BVR, neither the assignment of lease between INPR and BVR nor the lease attaching a document. It is expected that Body. agreement being assigned contains any provision most comments will be provided in an Comments will be placed in the that would prohibit BVR from interchanging traffic attached document. If a document is docket and open to public inspection with a third party. VerDate Nov<24>2008 16:40 Oct 01, 2009 Jkt 220001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 pwalker on DSK8KYBLC1PROD with NOTICES Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices 50999 Railroad, Inc. In that proceeding, Watco DEPARTMENT OF TRANSPORTATION transaction is not part of a series of seeks to continue in control of BVR, anticipated transactions that would upon BVR’s becoming a Class III rail Surface Transportation Board connect these rail lines with any other carrier. [STB Finance Docket No. 35260] railroad in the Watco corporate family; The transaction is scheduled to be and (3) the transaction does not involve a Class I rail carrier. Therefore, the consummated on or after October 16, Watco Companies, Inc.—Continuance transaction is exempt from the prior 2009, (the effective date of the in Control Exemption—Boise Valley Railroad, Inc. approval requirements of 49 U.S.C. exemption). 11323. See 49 CFR 1180.2(d)(2). BVR certifies that its projected annual Watco Companies, Inc. (Watco), a Under 49 U.S.C. 10502(g), the Board revenues as a result of this transaction noncarrier, has filed a verified notice of may not use its exemption authority to will not result in BVR becoming a Class exemption under 49 CFR 1180.2(d)(2) to relieve a rail carrier of its statutory II or Class I rail carrier and further continue in control of Boise Valley obligation to protect the interests of its certifies that its projected annual Railroad, Inc. (BVR), upon BVR’s employees. Section 11326(c), however, 1 revenue will not exceed $5 million. becoming a Class III rail carrier. does not provide for labor protection for This transaction is related to a transactions under sections 11324 and Pursuant to the Consolidated concurrently filed verified notice of 11325 that involve only Class III rail Appropriations Act, 2008, Public Law exemption in STB Finance Docket No. carriers. Accordingly, the Board may not 110–161, § 193, 121 Stat. 1844 (2007), 35259, Boise Valley Railroad, impose labor protective conditions here ¥ nothing in this decision authorizes the Inc. Assignment of Lease Exemption– because all of the carriers involved are following activities at any solid waste Union Pacific Railroad Company and Class III carriers. rail transfer facility: collecting, storing Idaho Northern & Pacific Railroad If the verified notice contains false or or transferring solid waste outside of its Company. In that proceeding, BVR seeks misleading information, the exemption original shipping container; or an exemption under 49 CFR 1150.31 to is void ab initio. Petitions to revoke the separating or processing solid waste acquire by assignment of lease from exemption under 49 U.S.C. 10502(d) (including baling, crushing, compacting Idaho Northern & Pacific Railroad may be filed at any time.

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