Exclusions Granted October 28, 2019

Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Notices 57803 the Line includes parallel tracks By the Board, Allison C. Davis, Director, The City certifies that its revenues running within the rail right-of-way. Office of Proceedings. from freight operations will not result in OBOT states that the Line does not have Raina Contee, the creation of a Class I or Class II milepost designations. Clearance Clerk. carrier. The City also states that no According to OBOT, on February 16, [FR Doc. 2019–23513 Filed 10–25–19; 8:45 am] interchange agreements are involved in 2016, the City leased to OBOT an BILLING CODE 4915–01–P the subject transaction. existing railroad right-of-way located at This exemption will become effective the OAB, a portion of which includes on November 11, 2019. the Line. Oakland Global Rail SURFACE TRANSPORTATION BOARD If the verified notice contains false or Enterprise, LLC (OGRE), an affiliate of misleading information, the exemption OBOT, then subleased the railroad right- [Docket No. FD 36303] is void ab initio. Petitions to revoke the of-way from OBOT with the intent to exemption under 49 U.S.C. 10502(d) City of Oakland, Cal.—Acquisition rehabilitate the rail line within that may be filed at any time. The filing of Exemption—Former Oakland Army right-of-way in order to provide rail a petition to revoke will not Base, Alameda County, Cal. service to the rail-to-ship bulk automatically stay the effectiveness of commodity marine terminal OBOT The City of Oakland, Cal. (the City), the exemption. Petitions to stay must be plans to build at the OAB. OBOT states has filed a verified notice of exemption filed no later than November 4, 2019 (at that OGRE will be the operator of the under 49 CFR 1150.31 for authority least seven days before the exemption Line. after-the-fact to acquire from the U.S. becomes effective). OBOT certifies that the projected Army approximately 15,000 feet of track All pleadings, referring to Docket No. annual revenues as a result of this situated within City-owned areas of the FD 36303, must be filed with the transaction will not exceed the amount former Oakland Army Base (OAB) in the Surface Transportation Board either via that would qualify OBOT as a Class III City of Oakland, Alameda County, Cal. e-filing or in writing addressed to 395 E railroad, and that the projected annual (the Line).1 The City states that it is not Street SW, Washington, DC 20423–0001. revenue for the Line will not exceed $5 aware that the Line has milepost In addition, a copy of each pleading million. OBOT also states that its numbers. must be served on the City’s agreement with the City does not According to the City, it acquired the representative, Charles A. Spitulnik, contain any provision that would Line, through its predecessors-in- Kaplan Kirsch & Rockwell LLP, 1634 I prohibit, restrict, or otherwise limit interest Oakland Base Reuse Authority (Eye) Street NW, Suite 300, Washington, future interchange with any third-party and Oakland Redevelopment Agency, in DC 20006. carrier. a series of fee and easement transactions According to the City, this action is This exemption will become effective between 2003 and 2012. The City states categorically excluded from on November 11, 2019. environmental review under 49 CFR If the verified notice contains false or that, at the time of the acquisition, it was not aware that the OAB contained 1105.6(c) and from historic reporting misleading information, the exemption requirements under 49 CFR 1105.8(b). is void ab initio. Petitions to revoke the trackage subject to the jurisdiction of the Board and did not seek Board authority Board decisions and notices are exemption under 49 U.S.C. 10502(d) available at www.stb.gov. may be filed at any time. The filing of to acquire the Line. The City states that Decided: October 23, 2019. a petition to revoke will not it previously had entered into an automatically stay the effectiveness of agreement with Oakland Bulk & By the Board, Allison C. Davis, Director, Office of Proceedings. the exemption. Petitions to stay must be Oversized Terminal, LLC (OBOT) filed no later than November 4, 2019 (at permitting OBOT to conduct ‘‘rail Raina Contee, least seven days before the exemption activities,’’ and that OBOT in turn Clearance Clerk. becomes effective). ‘‘subleased rail activities to [Oakland [FR Doc. 2019–23512 Filed 10–25–19; 8:45 am] All pleadings, referring to Docket No. Global Rail Enterprise, LLC].’’ BILLING CODE 4915–01–P FD 36302, must be filed with the According to the City, however, both Surface Transportation Board either via agreements were terminated effective e-filing or in writing addressed to 395 E November 23, 2018. The City states that OFFICE OF THE UNITED STATES Street SW, Washington, DC 20423–0001. it will contract with a third-party TRADE REPRESENTATIVE In addition, a copy of each pleading operator for the Line ‘‘once there is must be served on OBOT’s demonstrated demand and funding for Notice of Product Exclusions: China’s 2 representative, Kathryn Kusske Floyd, rail service.’’ Acts, Policies, and Practices Related to Venable LLP, 600 Massachusetts Technology Transfer, Intellectual 1 As explained more fully in previous decisions Property, and Innovation Avenue NW, Washington, DC 20001. in this docket, the City filed its verified notice in According to OBOT, this action is response to the Board’s decision in Oakland Global AGENCY: Office of the United States categorically excluded from Rail Enterprise—Petition for Declaratory Order, FD Trade Representative. environmental review under 49 CFR 36168 (STB served Mar. 15, 2019), and thereafter, ACTION: 1105.6(c) and from historic reporting the effective date of the exemption was postponed Notice of product exclusions. pending further order of the Board. Concurrent with requirements under 49 CFR 1105.8(b). the publication of this notice, the Board is serving SUMMARY: In September 2018, the U.S. Board decisions and notices are a decision making the exemption effective on Trade Representative imposed available at www.stb.gov. November 11, 2019. See Oakland Glob. Rail additional duties on goods of China Enter.—Acquis. Exemption—Rail Line in Alameda Decided: October 23, 2019. Cty., Cal., FD 36301 et al. (STB served October 28, with an annual trade value of 2019). approximately $200 billion as part of the publication of this notice, the Board is serving 2 The City states that it never has had any the action in the Section 301 a decision denying a petition by the City to reject intention of holding itself out as a common carrier investigation of China’s acts, policies, or revoke OBOT’s verified notice and making the by rail or providing rail service itself on the Line. exemption effective on November 11, 2019. See In general, however, acquiring a rail line imposes and practices related to technology Oakland Glob. Rail Enter.—Acquis. Exemption— a common carrier obligation to provide service Rail Line in Alameda Cty., Cal., FD 36301 et al. upon reasonable request. See, e.g., Groome & NOR 42087, slip op. at 10 (STB served July 27, (STB served October 28, 2019). Assoc., Inc. v. Greenville Cty. Econ. Dev. Corp., 2005). VerDate Sep<11>2014 16:58 Oct 25, 2019 Jkt 250001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\28OCN1.SGM 28OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 57804 Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Notices transfer, intellectual property, and action from the additional duties. See 84 summarized above, pursuant to sections innovation. The U.S. Trade FR 29576 (the June 24 notice). 301(b), 301(c), and 307(a) of the Trade Representative initiated a product Under the June 24 notice, requests for Act of 1974, as amended, and in exclusion process in June 2019, and exclusion had to identify the product accordance with the advice of the interested persons have submitted subject to the request in terms of the interagency Section 301 Committee, the requests for the exclusion of specific physical characteristics that distinguish U.S. Trade Representative has products. This notice announces the it from other products within the determined to grant the product U.S. Trade Representative’s relevant 8-digit subheading covered by exclusions set out in the Annex to this determination to grant certain exclusion the $200 billion action. Requestors also notice. The U.S. Trade Representative’s requests, as specified in the annex to had to provide the 10-digit subheading determination also takes into account this notice. of the HTSUS most applicable to the advice from advisory committees and particular product requested for DATES: The product exclusions any public comments on the pertinent exclusion, and could submit announced in this notice will apply as exclusion requests. information on the ability of U.S. of the September 24, 2018, effective date As set out in the Annex, the Customs and Border Protection to of the $200 billion action, to August 7, exclusions are reflected in 83 specially administer the requested exclusion. 2020. prepared product descriptions, which Requestors were asked to provide the cover 95 separate exclusion requests. FOR FURTHER INFORMATION CONTACT: For quantity and value of the Chinese-origin In accordance with the June 24 notice, general questions about this notice, product that the requestor purchased in the exclusions are available for any contact Assistant General Counsels the last three years. With regard to the product that meets the description in Philip Butler or Megan Grimball, or rationale for the requested exclusion, the Annex, regardless of whether the Director of Industrial Goods Justin requests had to address the following importer filed an exclusion request.

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