Federal Register / Vol. 84, No. 169 / Friday, 30, 2019 / Notices 45821

The earliest this transaction be upon ALE’s becoming a Class III rail may be filed at any time. The filing of consummated is 15, 2019.1 carrier. ALE is a newly formed a petition to revoke will not If the verified notice contains false or noncarrier entity that is wholly owned automatically stay the effectiveness of misleading information, the exemption by MSE.1 the exemption. Petitions to stay must be is void ab initio. Petitions to revoke the This transaction is related to a filed no later than , 2019 (at exemption under 49 U.S.C. 10502(d) concurrently filed verified notice of least seven days before the exemption may be filed at any time. The filing of exemption in Alabama Export becomes effective). a petition to revoke will not Railroad—Lease & Operation All pleadings, referring to Docket No. automatically stay the effectiveness of Exemption—Illinois Central Railroad, FD 36320, must be filed with the the exemption. Petitions for stay must Docket No. FD 36321. In that Surface Transportation Board either via be filed no later than September 6, 2019 proceeding, ALE seeks an exemption e-filing or in writing addressed to 395 E (at least seven days before the under 49 CFR 1150.31 to lease and Street SW, Washington, DC 20423–0001. exemption becomes effective). operate approximately 12.1 miles of In addition, a copy of each pleading All pleadings, referring to Docket No. railroad line in downtown Mobile, Ala., must be served on MSE’s representative: FD 36321, must be filed with the owned by IC. The rail line extends Eric M. Hocky, Clark Hill, PLC, One Surface Transportation Board either via between Belt Junction at milepost 6.6 Commerce Square, 2005 Market Street, e-filing or in writing addressed to 395 E and the State Docks at milepost 0.0 on Suite 1000, Philadelphia, PA 19103, and Street SW, Washington, DC 20423–0001. IC’s Beaumont Subdivision, and Sloane S. Carlough, Clark Hill PLC, In addition, a copy of each pleading between Belt Junction at milepost 6.6 1001 Pennsylvania Avenue NW, Suite must be served on ALE’s and Frascati Junction at milepost 1.1 on 1300 South, Washington, DC 20004. representatives: Eric M. Hocky, Clark IC’s Frascati Lead (the Line). According to MSE, this action is Hill, PLC, One Commerce Square, 2005 The earliest this transaction may be excluded from environmental review Market Street, Suite 1000, Philadelphia, consummated is , 2019, under 49 CFR 1105.6(c) and from PA 19103, and Sloane S. Carlough, the effective date of the exemption.2 historic preservation reporting Clark Hill PLC, 1001 Pennsylvania According to MSE, it currently owns requirements under 49 CFR 1105.8(b). Avenue NW, Suite 1300 South, and operates a 42-mile short line Board decisions and notices are Washington, DC 20004. railroad between Evanston and available at www.stb.gov. According to ALE, this action is Pascagoula, Miss. In its verified notice Decided: , 2019. excluded from environmental review and supplement, MSE represents that: By the Board, Allison C. Davis, Director, under 49 CFR 1105.6(c) and from (1) The Line to be operated by ALE does Office of Proceedings. historic preservation reporting not connect with the lines of MSE, and Jeffrey Herzig, requirements under 49 CFR 1105.8(b). the railroads would not connect with Clearance Clerk. Board decisions and notices are any railroads in their corporate family; [FR Doc. 2019–18807 Filed 8–29–19; 8:45 am] available at www.stb.gov. (2) the transaction is not part of a series Decided: August 27, 2019. of anticipated transactions that would BILLING CODE 4915–01–P By the Board, Allison C. Davis, Director, connect these railroads with each other Office of Proceedings. or with any railroad in their corporate Jeffrey Herzig, family; and (3) the transaction does not OFFICE OF THE TRADE REPRESENTATIVE Clearance Clerk. involve a Class I rail carrier. The [FR Doc. 2019–18808 Filed 8–29–19; 8:45 am] proposed transaction is therefore Notice of Modification of Section 301 BILLING CODE 4915–01–P exempt from the prior approval Action: China’s Acts, Policies, and requirements of 49 U.S.C. 11323. See 49 Practices Related to Technology CFR 1180.2(d)(2). Transfer, Intellectual Property, and SURFACE TRANSPORTATION BOARD Under 49 U.S.C. 10502(g), the Board Innovation may not use its exemption authority to [Docket No. FD 36320] relieve a rail carrier of its statutory AGENCY: Office of the United States Mississippi Export Railroad obligation to protect the interests of its Trade Representative. Company—Continuance in Control employees. Section 11326(c), however, ACTION: Notice of modification of action. Exemption—Alabama Export Railroad, does not provide for labor protection for SUMMARY: Inc. transactions under sections 11324 and In accordance with the 11325 that involve only Class III rail specific direction of the President, the Mississippi Export Railroad Company carriers. Accordingly, the Board may not U.S. Trade Representative has (MSE), a Class III rail carrier, has filed impose labor protective conditions here determined to modify the action being a verified notice of exemption under 49 because only Class III carriers are taken in this Section 301 investigation CFR 1180.2(d)(2) to continue in control involved. by increasing the rate of additional duty of Alabama Export Railroad, Inc. (ALE), If the notice contains false or from 10 to 15 percent for the products misleading information, the exemption of China covered by the $300 billion 1 The verified notices in Docket Nos. FD 36320 is void ab initio. Petitions to revoke the tariff action published on , and FD 36321 were initially submitted on August 2019. 12, 2019. On August 16, 2019, MSE filed a exemption under 49 U.S.C. 10502(d) supplement in Docket No. FD 36320 certifying that DATES: For products covered by Annex MSE and ALE are the only two railroads in the 1 MSE states that it, in turn, is owned in part (one- A of the August 20, 2019 notice (84 FR corporate family. In light of that supplement, third interest) by Illinois Central Railroad Company August 16, 2019, is deemed the filing date of the (IC) and in part (two-thirds interest) by various 43304), the rate of additional duty will verified notice for continuance in control in Docket individual shareholders. be 15 percent on the current effective No. FD 36320, and that exemption’s effective date 2 The verified notice was initially submitted on date of , 2019. For products is September 15, 2019. Because this lease and , 2019. On August 16, 2019, MSE filed a covered by Annex C of the August 20 operation exemption requires the concurrent supplement certifying that MSE and ALE are the authority for MSE to continue in control of ALE, the only two railroads in the corporate family. In light notice, the rate of additional duty will effective date of this exemption likewise will be of that supplement, August 16, 2019, is deemed the be 15 percent on the current effective September 15, 2019. filing date of the verified notice. date of 15, 2019.

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FOR FURTHER INFORMATION CONTACT: For U.S. Trade Representative to consider a to cease its efforts to obtain the questions about this action, contact possible modification of the action elimination of China’s unfair policies. Associate General Counsel Arthur Tsao being taken in the form of additional China has further taken or threatened to or Assistant General Counsel Megan duties of up to 25 percent on products take additional countermeasures, Grimball, or Director of Industrial Goods of China with an annual aggregate trade including non-tariff measures, against Justin Hoffmann at (202) 395–5725. For value of approximately $300 billion. In commerce of the United States. For questions on customs classification or a notice published on , 2019 (84 example, China has taken concrete steps implementation of additional duties on FR 22564), the Office of the United to devalue its currency. See https:// products identified in the Annexes to States Trade Representative invited home.treasury.gov/news/press-releases/ this notice, contact traderemedy@ public comments and announced a sm751. Most recently, shortly following cbp.dhs.gov. public hearing with regard to the the August 2019 announcement of the possible imposition of additional duties $300 billion action, China responded by SUPPLEMENTARY INFORMATION: of up to 25 percent on a specific list of announcing further tariffs on U.S. A. Prior Determinations in the tariff subheadings with an approximate goods, starting September 1, 2019. In Investigation annual trade value of $300 billion. The short, instead of addressing the On , 2017, the U.S. Trade notice and comment process concluded underlying problems, China has Representative initiated an investigation in early 2019. increased tariffs and adopted or In August 2019, the U.S. Trade into certain acts, policies, and practices threatened additional retaliation to Representative, at the direction of the of the Government of China related to further protect the unreasonable acts, President, determined to modify the policies, and practices identified in the technology transfer, intellectual action being taken in the investigation investigation, resulting in increased property, and innovation. 82 FR 40213 by imposing an additional 10 percent ad harm to the U.S. economy. (, 2017). In 2018, the valorem duty on products of China with China’s most recent response of U.S. Trade Representative published a an annual aggregate trade value of announcing a new tariff increase on U.S. notice of a determination that the acts, approximately $300 billion. 84 FR goods has shown that the current action policies, and practices of China under 43304 (August 20, 2019). The August 20 being taken is no longer appropriate. investigation are unreasonable or notice contains two separate lists of The United States is engaging with discriminatory and burden or restrict tariff subheadings, with two different China with the goal of obtaining the U.S. commerce, and are thus actionable effective dates. List 1, which is set out elimination of the acts, policies, and under Section 301(b) of the Trade Act of in Annex A of the August 20 notice, is practices covered in the investigation. 1974, as amended (Trade Act). 83 FR effective September 1, 2019. List 2, The leaders of the United States and 14906 (, 2018). which is set out in Annex C of the China met on , 2018, and Up through early May 2019, the U.S. August 20 notice, is effective December agreed to hold negotiations on a range Trade Representative, at the direction of 15, 2019. of issues, including those covered in the President, determined to take this Section 301 investigation. See B. Modification of Action actions resulting in the imposition of an https://www.whitehouse.gov/briefings- additional 25 percent ad valorem duty The Section 301 statute (set out in statements/statement-press-secretary- on products of China with an aggregate Sections 301 to 308 of the Trade Act) regarding-presidents-working-dinner- annual trade value of approximately (19 U.S.C. 2411–2418) includes china. Since the meeting on December $250 billion in order to obtain the authority for the U.S. Trade 1, 2018, the United States and China elimination of China’s acts, policies, Representative to modify the action have engaged in additional rounds of and practices covered in the being taken in an investigation. In negotiation on these issues, including investigation. As explained in prior particular, Section 307(a)(1) authorizes meetings in , April, May, and July notices, the actions do not relate to the U.S. Trade Representative to modify 2019. At certain times in these China’s acts, policies, and practices or terminate any action taken under discussions, China has offered specific involving technology licensing, which Section 301, subject to the specific commitments that were constructive are being addressed separately in a direction, if any, of the President, if the towards reaching a resolution of this WTO dispute settlement proceeding. burden or restriction on United States matter. However, China more recently The U.S. Trade Representative commerce of the acts, policies, and has retreated from these commitments, imposed these additional duties in three practices that are the subject of the indicating that the action currently tranches. Tranche 1 covered 818 tariff action has increased or decreased, or the being taken is not effective in obtaining subheadings, with an approximate action is being taken under Section the elimination of the unfair acts, annual trade value of $34 billion. See 83 301(b) and is no longer appropriate. policies, and practices covered in the FR 28710 ( 20, 2018). Tranche 2 The burden or restriction on United investigation. And as noted, China’s covered 279 tariff subheadings, with an States commerce of the acts, policies, specific response to the $300 billion approximate annual trade value of $16 and practices that are the subject of the action at a 10 percent rate of additional billion. See 83 FR 40823 (August 16, Section 301 action continues to duty was not to address U.S. concerns, 2018). Tranche 3 covered 5,733 tariff increase. China’s unfair acts, policies, but rather to impose further retaliatory subheadings, with an approximate and practices include not just its tariffs on U.S. commerce. annual trade value of $200 billion. See technology transfer and IP polices For these reasons, and in accordance 83 FR 47974 (, 2018); 83 referenced in the notice of initiation in with the specific direction of the FR 49153 (, 2018); and 84 the investigation, but also China’s President, the U.S. Trade Representative FR 20459 (, 2019). subsequent defensive actions taken to has determined to modify the action As of mid-May 2019, China’s maintain those unfair acts, policies, and being taken in the investigation by statements and conduct indicated that practices as determined in that increasing the rate of additional duty action at a $250 billion level was investigation. China has determined to from 10 percent ad valorem to 15 insufficient to obtain the elimination of impose tariffs on a substantial majority percent ad valorem on the goods of China’s unfair and harmful policies. of U.S. goods exported to China, with China specified in Annex A and Annex Accordingly, the President directed the the goal of pressuring the United States C of the August 20 notice.

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As noted above, the May 17, 2019 contained in 84 Federal Register 43304 Transportation’s normal business hours notice invited public comments on (August 20, 2019), by deleting ‘‘10%’’, are 8:00 a.m. to 5:00 p.m. duties of up to 25 percent on the and inserting ‘‘15%’’ in lieu thereof. SUPPLEMENTARY INFORMATION: Notice is products covered by the proposed $300 Joseph Barloon, hereby given that FHWA has taken final billion action. The current modification agency actions subject to 23 U.S.C. in the rate of additional duty takes into General Counsel, Office of the U.S. Trade Representative. 139(l)(1) by issuing a Record of Decision account the public comments and (ROD) for the following highway project testimony, as well as advice from [FR Doc. 2019–18838 Filed 8–27–19; 4:15 pm] in the State of Alabama: I–10 Mobile advisory committees and the BILLING CODE 3290–F9–P River Bridge and Bayway Project in interagency Section 301 committee, Mobile and Baldwin Counties. The concerning the action proposed in the proposed project to increase the May 17 notice. capacity of Interstate Route 10 (I–10) by DEPARTMENT OF TRANSPORTATION The Annex to this notice amends the constructing a new six-lane bridge Harmonized Tariff Schedule of the Federal Highway Administration across the Mobile River and replacing United States to provide that the rate of the existing four-lane I–10 bridges additional duties for the products Notice of Final Federal Agency Action across Mobile Bay with eight lanes covered in Annex A and Annex C of the on the I–10 Mobile River Bridge and above the 100-year storm elevation. The August 20 notice will be 15 percent. Bayway Project in Alabama actions taken by FHWA, and the laws This increase in the rate of duty does under which such actions were taken, not change the effective date of Annex AGENCY: Federal Highway are described in the Combined Final A (September 1, 2019) or of Annex C Administration (FHWA), Department of Environmental Impact Statement (FEIS) (, 2019). Transportation (DOT). and ROD approved on , 2019, Annex ACTION: Notice of Limitation on Claims and in other documents in the project for Judicial Review of Actions by records. The Combined FEIS and ROD Effective with respect to goods FHWA. and other project records can be viewed entered for consumption, or withdrawn on the project’s website at: from warehouse for consumption, on or SUMMARY: This notice announces actions www.mobileriverbridge.com. These after 12:01 a.m. eastern daylight time on taken by the FHWA that are final. The documents and other project records are September 1, 2019, subchapter III of action relates to the proposed project to also available by contacting FHWA or chapter 99 of the Harmonized Tariff increase the capacity of Interstate Route the Alabama Department of Schedule of the United States (HTSUS) 10 (I–10) by constructing a new six-lane Transportation at the phone numbers is modified: bridge across the Mobile River and and addresses listed above. 1. By amending U.S. Note 20(r) to replacing the existing four-lane I–10 This notice applies to all Federal subchapter III of chapter 99, as bridges across Mobile Bay with eight agency decisions as of the issuance date established by the U.S. Trade lanes above the 100-year storm of this notice and all laws under which Representative in a determination elevation. The proposed project is such actions were taken, including but contained in 84 Federal Register 43304 located in Mobile and Baldwin not limited to: (August 20, 2019), by deleting ‘‘10 Counties, Alabama. Those actions grant 1. General: National Environmental percent’’ each place that it appears, and approvals for the project. Policy Act (NEPA) [42 U.S.C. 4321– inserting ‘‘15 percent’’ in lieu thereof; DATES: By this notice, the FHWA is 4351]; Federal-Aid Highway Act and (FAHA) [23 U.S.C. 109 and 23 U.S.C. 2. by amending the Rates of Duty 1- advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A 128]. General column of heading 9903.88.15, 2. Air: Clean Air Act [42 U.S.C. 7401– claim seeking judicial review of the as established by the U.S. Trade 7671(q)]. Representative in a determination Federal agency actions on the project 3. Land: Section 4(f) of the contained in 84 Federal Register 43304 will be barred unless the claim is filed Department of Transportation Act of (August 20, 2019), by deleting ‘‘10%’’, on or before 27, 2020. If the 1966 [49 U.S.C. 303 and 23 U.S.C. 138]. and inserting ‘‘15%’’ in lieu thereof. Federal law that authorizes judicial 4. Wildlife: Endangered Species Act Effective with respect to goods review of a claim provides a time period [16 U.S.C. 1531–1544 and Section entered for consumption, or withdrawn of less than 150 days for filing such 1536]; Marine Mammal Protection Act from warehouse for consumption, on or claim, then that shorter time period still [16 U.S.C. 1361–1423h]; Fish and after 12:01 a.m. eastern daylight time on applies. Wildlife Coordination Act [16 U.S.C. December 15, 2019, subchapter III of FOR FURTHER INFORMATION CONTACT: 661–667(d)]; Migratory Bird Treaty Act chapter 99 of the Harmonized Tariff Mark D. Bartlett, Division [16 U.S.C. 703–712]; Magnuson-Stevens Schedule of the United States is Administrator, FHWA Alabama Fishery Conservation and Management modified: Division, 9500 Wynlakes Place, Act of 1976, as amended [16 U.S.C. 1801 1. By amending U.S. Note 20(t) to Montgomery, Alabama 36117–8515, et seq.]. subchapter III of chapter 99, as Telephone: (334) 274–6350, 5. Historic and Cultural Resources: established by the U.S. Trade Email:[email protected]. The Section 106 of the National Historic Representative in a determination FHWA Alabama Division Office’s Preservation Act of 1966, as amended contained in 84 Federal Register 43304 normal business hours are 8:00 a.m. to [16 U.S.C. 470(f) et seq.]; Archeological (August 20, 2019), by deleting ‘‘10 4:30 p.m. (Central Standard Time). You Resources Protection Act of 1977 [16 percent’’ each place that it appears, and may also contact Matt J. Ericksen, U.S.C. 470aa–470mm]; Archeological inserting ‘‘15 percent’’ in lieu thereof; Southwest Region Engineer, Alabama and Historic Preservation Act [16 U.S.C. and Department of Transportation, 1701 I– 469–469c]; Native American Grave 2. by amending the Rates of Duty 1- 65 West Service Road North, Mobile, Protection and Repatriation Act General column of heading 9903.88.16, Alabama 36618, Telephone: (251) 470– (NAGPRA) [25 U.S.C. 3001–3013]. as established by the U.S. Trade 8200, Email: [email protected]. 6. Social and Economic: Civil Rights Representative in a determination The Alabama Department of Act of 1964 [42 U.S.C. 2000(d)–

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