83 FR 49152 - San Pedro Valley Holdings, LLC-Acquisition Exemption-San Pedro and Southwestern Railroad Company in Cochise County, Ariz.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range		49152-49153
FR Document		2018-21185

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49152-49153]
From the Federal Register Online  [www.thefederalregister.org]
[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

49152 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices

before. See Saratoga & N. Creek Ry.— Joshua M. Tallent, New York State By the Board, Scott M. Zimmerman, Acting
Operation Exemption—Tahawus Line, Office of the Attorney General, Director, Office of Proceedings.
FD 35631 (STB served June 1, 2012). Environmental Protection Bureau, The Aretha Laws-Byrum,
According to the Department, since Capitol, Albany, NY 12224–0341. Clearance Clerk.
obtaining Board authority, SNCR has [FR Doc. 2018–21161 Filed 9–27–18; 8:45 am]
Any request for an interim trail use/
moved at most a few carloads of BILLING CODE 4915–01–P
railbanking condition under 16 U.S.C.
industrial garnet as well as carloads of
ballast purchased by SNCR for its own 1247(d) and 49 CFR 1152.29 must be
use. The Department further claims that filed by October 25, 2018, and should SURFACE TRANSPORTATION BOARD
there is currently no freight service on address whether the issuance of a
certificate of interim trail use in this [Docket No. FD 36216]
the Line and there are only two
potential shippers. The Department case would be consistent with the grant
San Pedro Valley Holdings, LLC—
states that SNCR has resorted to using of an adverse abandonment application. Acquisition Exemption—San Pedro
the right-of-way, which runs through Each trail use request must be and Southwestern Railroad Company
the state-owned Forest Preserve within accompanied by a $300 filing fee. See 49 in Cochise County, Ariz.
New York’s Adirondack Park, as a CFR 1002.2(f)(27).
storage facility for obsolete railcars. The San Pedro Valley Holdings, LLC
Filings may be submitted either via
Department states that it is seeking an (SPVH), a noncarrier, has filed a verified
the Board’s e-filing format or in the notice of exemption under 49 CFR
adverse abandonment to protect the traditional paper format. Any person
Forest Preserve. 1150.31 to acquire two rail lines owned
using e-filing should comply with the by the San Pedro and Southwestern
In a decision served on February 27,
2018, the Department was granted instructions found on the Board’s Railroad Company: (1) From point of
exemptions from several statutory ‘‘www.stb.gov’’ website, at the ‘‘E– connection to Union Pacific Railroad
provisions as well as waivers of certain FILING’’ link. Any person submitting a (UP) at milepost 1033.25 at or near
Board regulations that were not relevant filing in the traditional paper format Benson, to milepost 1040.15 at or near
to its adverse discontinuance should send the original and 10 copies St. David, a distance of 6.9 miles in
application or that sought information of the filing to the Board with a Cochise County, Ariz.; and (2) from
not available to the Department. certificate of service. Except as point of connection to UP at milepost
According to the Department, there is otherwise set forth in 49 CFR pt.1152, 1074 at or near Wilcox, to all tracks at
no documentation in its possession that every document filed with the Board Wilcox Yard, a total of 8,281 feet or 1.57
indicates that the Line contains must be served on all parties to this miles, in Cochise County (collectively,
federally granted rights-of-way. Any adverse abandonment proceeding. 49 the Lines). The Lines total
documentation in the Department’s CFR 1104.12(a). approximately 8.47 miles.
possession will be made available This transaction is related to a
promptly to those requesting it. The An environmental assessment (EA) (or concurrently filed verified notice of
Department’s entire case-in-chief for environmental impact statement (EIS), if exemption in Gregory B. Cundiff—
adverse abandonment was filed with the necessary) prepared by the Board’s Continuance in Control Exemption—
application. Office of Environmental Analysis (OEA) San Pedro Valley Holdings, LLC in
The Department states that the will be served upon all parties of record Cochise County, Ariz., Docket No. FD
interests of railroad employees will be and upon any agencies or other persons 36218, in which CGX, Inc., seeks Board
protected by the conditions set forth in who commented during its preparation. approval to continue in control of SPVH
Oregon Short Line Railroad— Any other persons who would like to upon SPVH’s becoming a Class III rail
Abandonment Portion Goshen Branch obtain a copy of the EA (or EIS) may carrier.
Between Firth & Ammon, in Bingham & contact OEA by phone at the number SPVH certifies that, as a result of the
Bonneville Counties, Idaho, 360 I.C.C. listed below. EAs in these abandonment proposed transaction, its projected
91 (1979). proceedings normally will be made annual revenues will not result in its
Any interested person may file available within 33 days of the filing of becoming a Class I or Class II rail carrier
written comments concerning the the application. The deadline for and will not exceed $5 million. SPVH
proposed adverse abandonment or submission of comments on the EA will also certifies that the proposed
protests (including protestant’s entire generally be within 30 days of its transaction does not involve any
opposition case) by October 25, 2018. service. The comments received will be interchange commitments as defined in
Persons who may oppose the proposed 49 CFR 1150.43(h).
addressed in the Board’s decision. A
adverse abandonment but who do not The earliest this transaction may be
supplemental EA or EIS may be issued
wish to participate fully in the process consummated is October 17, 2018, the
by submitting verified statements of where appropriate.
effective date of the exemption (30 days
witnesses containing detailed evidence Persons seeking further information after the verified notice was filed).1
should file comments. Persons opposing concerning abandonment procedures SPVH states that it intends to
the proposed adverse abandonment who may contact the Board’s Office of Public consummate the transaction no sooner
wish to participate actively and fully in Assistance, Governmental Affairs, and than 30 days after the filing of this
the process should file a protest, Compliance at (202) 245–0238 or refer notice of exemption.
observing the filing, service, and content to the full abandonment regulations at If the verified notice contains false or
requirements of 49 CFR 1152.25. The 49 CFR pt. 1152. Assistance for the misleading information, the exemption
amozie on DSK3GDR082PROD with NOTICES1

Department’s reply is due by November hearing impaired is available through is void ab initio. Petitions to revoke the
9, 2018. the Federal Information Relay Service
All filings in response to this notice (FIRS) at 1–800–877–8339.
1 SPVH filed its verified notice of exemption on

must refer to Docket No. AB 1261 and August 30, 2018. On September 17, 2018, however,
must be sent to: (1) Surface Board decisions and notices are SPVH supplemented its verified notice to clarify
available on our website at www.stb.gov. references to Docket No. FD 36218. Therefore,
Transportation Board, 395 E Street SW, September 17, 2018, is deemed the verified notice’s
Washington, DC 20423–0001; and (2) Decided: September 25, 2018. filing date.

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Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices 49153

exemption under 49 U.S.C. 10502(d) subheadings of the Harmonized Tariff Proclamation 9771 (83 FR 37993),
may be filed at any time. The filing of Schedule of the United States (HTSUS) among other things, modifies the
a petition to revoke will not listed in Annex A of that Notice. HTSUS to ensure conformity with U.S.
automatically stay the effectiveness of Pursuant to a Presidential Proclamation obligations under the International
the exemption. Petitions to stay must be of July 30, 2018, certain HTSUS Convention on the Harmonized
filed by October 10, 2018 (at least seven subheadings covered by the Commodity Description and Coding
days before the exemption becomes supplemental action will be modified as System, based on a recommendation of
effective). of October 1, 2018. This notice conforms the U.S. International Trade
An original and 10 copies of all the September 21 supplemental action Commission. These HTSUS
pleadings, referring to Docket No. FD to the HTSUS modifications in the modifications are effective October 1,
36216, must be filed with the Surface Presidential Proclamation and amends 2018.
Transportation Board, 395 E Street SW, the prior action taken in the
Washington, DC 20423–0001. In The HTSUS modifications in
investigation by removing certain
addition, a copy of each pleading must Proclamation 9771 include certain
subheadings of the HTSUS listed in
be served on SPVH’s counsel, Thomas subheadings in chapter 44 of the HTSUS
Annex A to the September 21st Notice.
F. McFarland, Thomas F. McFarland, covered by the action in the September
DATES:
P.C., 208 South LaSalle Street, Suite 21st Notice. Paragraph A of the Annex
October 1, 2018: The supplemental
1666, Chicago, IL 60604–1228. to this notice makes the appropriate
301 action is modified to conform to the
According to SPVH, no environmental conforming amendments to the
HTSUS modifications in the
or historic documentation or report is Presidential Proclamation of July 30, supplemental action set out in the
required pursuant to 49 CFR 1105.6(c) 2018 (Proclamation 9771), as set out in September 21st Notice. In particular, 14
and 1105.8(b). the Annex to this notice. subheadings in chapter 44 deleted by
Board decisions and notices are September 24, 2018: The modification Proclamation 9771 are accordingly
available on our website at www.stb.gov. removing certain HTSUS subheadings deleted from Annex A of the September
Decided: September 25, 2018. applies to the date of the imposition of 21st Notice, and are replaced by the
By the Board, Scott M. Zimmerman, Acting the additional tariff, as set out in corresponding 38 new subheadings in
Director, Office of Proceedings. paragraph C to the Annex to this notice. chapter 44 of the HTSUS that were
Jeffrey Herzig, FOR FURTHER INFORMATION CONTACT: For
added by Proclamation 9771. These
Clearance Clerk. questions about this notice, contact changes to the September 21 action are
Assistant General Counsels Arthur Tsao effective on October 1, 2018.
[FR Doc. 2018–21185 Filed 9–27–18; 8:45 am]
BILLING CODE 4915–01–P or Megan Grimball, or Director of Paragraph B of the Annex to this
Industrial Goods Justin Hoffmann at notice corrects a typographical error in
(202) 395–5725. For questions on the fourth paragraph of U.S. Note 20(a)
OFFICE OF THE UNITED STATES customs classification or to subchapter III of chapter 99, as set out
TRADE REPRESENTATIVE implementation of additional duties on in Annex C of the notice published at
products covered in the supplemental 83 FR 40823 (August 16, 2018).
Conforming Amendment and action, contact traderemedy@ To account fully for the extensive
Modification to Section 301 Action: cbp.dhs.gov. public comments and testimony
China’s Acts, Policies, and Practices SUPPLEMENTARY INFORMATION: In the previously provided in response to the
Related to Technology Transfer, September 21st Notice (83 FR 47974), Federal Register notices seeking public
Intellectual Property, and Innovation the Trade Representative, in accordance comments (83 FR 33608, 83 FR 38760),
AGENCY: Office of the United States with the specific direction of the the Trade Representative has
Trade Representative. President, determined to modify the determined to further modify the action
ACTION: Notice of modification and action being taken in this Section 301 being taken in the investigation.
amendment of action. investigation by imposing additional Paragraph C of the Annex to this notice
duties on products of China classified in removes two subheadings from the list
SUMMARY: In a notice published on the full and partial subheadings of the of subheadings of the HTSUS subject to
September 21, 2018 (September 21st HTSUS set out in Annex A to the the additional duties set forth in Annex
Notice), the U.S. Trade Representative September 21st Notice, while A of the September 21st Notice.
(Trade Representative) adopted a maintaining the prior action being taken
supplemental action in this 301 in the investigation. This supplemental Jeffrey Gerrish,
investigation by imposing additional action was effective on September 24, Deputy U.S. Trade Representative.
duties on goods of China classified in 2018. BILLING CODE 3290–F8–P
amozie on DSK3GDR082PROD with NOTICES1

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Document Created: 2018-09-28 01:23:50
Document Modified: 2018-09-28 01:23:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 49152