50998 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices 

1According to BVR, neither the assignment of 

lease between INPR and BVR nor the lease 

agreement being assigned contains any provision 

that would prohibit BVR from interchanging traffic 

with a third party. 

the United States may announce to 

implement the decision. 

China alleges that the higher tariffs, 

not having been justified as emergency 

action under relevant WTO rules, are 

inconsistent with Article I:1 of the 

General Agreement on Tariffs and Trade 

1994 (‘‘GATT 1994’’). China also alleges 

that these measures have not been 

properly justified pursuant to Article 

XIX of the GATT 1994 and the WTO 

Agreement on Safeguards. China also 

alleges that these measures have not 

been properly justified as China-specific 

restrictions under the Protocol on the 

Accession of the People’s Republic of 

China (Protocol of Accession). 

Furthermore, China alleges that the 

U.S. statute authorizing these Chinaspecific restrictions is inconsistent on 

its face with Article 16 of the Protocol 

of Accession because, according to 

China, the statute impermissibly defines 

‘‘significant cause’’ more narrowly than 

required by the ordinary meaning of the 

phrase as used in Article 16.4 of the 

Protocol of Accession. Finally, China 

alleges that each measure, as applied, is 

also inconsistent with the Protocol of 

Accession. 

Public Comment: Requirements for 

Submissions 

Interested persons are invited to 

submit written comments concerning 

the issues raised in this dispute. Persons 

may submit public comments 

electronically to http:// 

www.regulations.gov docket number 

USTR–2009–0035. If you are unable to 

provide submissions by http:// 

www.regulations.gov, please contact 

Sandy McKinzy at (202) 395–9483 to 

arrange for an alternative method of 

transmission. 

To submit comments via http:// 

www.regulations.gov, enter docket 

number USTR–2009–0035 on the home 

page and click ‘‘search’’. The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

Type’’ on the left side of the searchresults page, and click on the link 

entitled ‘‘Submit a Comment.’’ (For 

further information on using the 

http://www.regulations.gov Web site, 

please consult the resources provided 

on the Web site by clicking on ‘‘How to 

Use This Site’’ on the left side of the 

home page.) 

The http://www.regulations.gov site 

provides the option of providing 

comments by filling in a ‘‘Type 

Comment and Upload File’’ field, or by 

attaching a document. It is expected that 

most comments will be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type Comment and 

Upload File’’ field. 

A person requesting that information 

contained in a comment submitted by 

that person be treated as confidential 

business information must certify that 

such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. Confidential business 

information must be clearly designated 

as such and the submission must be 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

at the top and bottom of the cover page 

and each succeeding page. Any 

comment containing business 

confidential information must be 

submitted by fax to Sandy McKinzy at 

(202) 395–3640. A non-confidential 

summary of the confidential 

information must be submitted to 

http://www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

Information or advice contained in a 

comment submitted, other than business 

confidential information, may be 

determined by USTR to be confidential 

in accordance with section 135(g)(2) of 

the Trade Act of 1974 (19 U.S.C. 

2155(g)(2)). If the submitter believes that 

information or advice may qualify as 

such, the submitter— 

(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

top and bottom of the cover page and 

each succeeding page; and 

(3) Must provide a non-confidential 

summary of the information or advice. 

Any comment containing confidential 

information must be submitted by fax. A 

non-confidential summary of the 

confidential information must be 

submitted to http:// 

www.regulations.gov. The nonconfidential summary will be placed in 

the docket and open to public 

inspection. 

USTR will maintain a docket on this 

dispute settlement proceeding 

accessible to the public. The public file 

will include non-confidential comments 

received by USTR from the public with 

respect to the dispute; if a dispute 

settlement panel is convened or in the 

event of an appeal from such a panel, 

the U.S. submissions, any nonconfidential submissions, or nonconfidential summaries of submissions, 

received from other participants in the 

dispute; the report of the panel; and, if 

applicable, the report of the Appellate 

Body. 

Comments will be placed in the 

docket and open to public inspection 

pursuant to 15 CFR 2006.13, except 

confidential business information 

exempt from public inspection in 

accordance with 15 CFR 2006.15 or 

information determined by USTR to be 

confidential in accordance with 19 

U.S.C. 2155(g)(2). Comments open to 

public inspection may be viewed on the 

http://www.regulations.gov Web site. 

Daniel Brinza, 

Assistant United States Trade Representative 

for Monitoring and Enforcement. 

[FR Doc. E9–23829 Filed 10–1–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35259] 

Boise Valley Railroad, Inc.— 

Assignment of Lease Exemption— 

Union Pacific Railroad Company and 

Idaho Northern & Pacific Railroad 

Company 

Boise Valley Railroad, Inc. (BVR), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1150.31 to 

acquire by assignment of lease from 

Idaho Northern and Pacific Railroad 

Company (INPR) the operating and lease 

rights over approximately 35.99 miles 

(not including yard tracks) of rail lines 

owned by Union Pacific Railroad 

Company (UP). The lines BVR seeks to 

acquire by assignment of lease are: (i) 

between milepost 0.2, near Caldwell, ID, 

and milepost 11.39, at Wilder; ID; (ii) 

between milepost 443.0, near Hillcrest, 

ID, and milepost 467.8, at Nampa, ID; 

and (iii) track numbers 40, 401, 402, 

403, 404, 406, 407, 408, 409, 410, 411, 

412, 413, 414, and 415 in UP’s Nampa 

Yard, at Nampa. BVR will also acquire 

by assignment from INPR approximately 

12.11 miles of incidental trackage rights 

over two segments of UP’s lines in order 

to interchange traffic with UP at Nampa 

and to access one of the leased lines. 

The incidental trackage rights BVR 

seeks to acquire by assignment of lease 

are between: (i) milepost 465.91, at 

Caldwell, and milepost 454.0, at Nampa; 

and (ii) milepost 465.91, at Caldwell, 

and milepost 0.2, near Caldwell, on the 

Wilder Branch.1

This transaction is related to the 

concurrently filed notice of exemption 

in STB Finance Docket No. 35260, 

Watco Companies, Inc—Continuance in 

Control Exemption—Boise Valley 


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Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Notices 50999 

1Watco owns 100% of the issued and outstanding 

stock of BVR. 

Railroad, Inc. In that proceeding, Watco 

seeks to continue in control of BVR, 

upon BVR’s becoming a Class III rail 

carrier. 

The transaction is scheduled to be 

consummated on or after October 16, 

2009, (the effective date of the 

exemption). 

BVR certifies that its projected annual 

revenues as a result of this transaction 

will not result in BVR becoming a Class 

II or Class I rail carrier and further 

certifies that its projected annual 

revenue will not exceed $5 million. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

110–161, § 193, 121 Stat. 1844 (2007), 

nothing in this decision authorizes the 

following activities at any solid waste 

rail transfer facility: collecting, storing 

or transferring solid waste outside of its 

original shipping container; or 

separating or processing solid waste 

(including baling, crushing, compacting 

and shredding). The term ‘‘solid waste’’ 

is defined in section 1004 of the Solid 

Waste Disposal Act, 42 U.S.C. 6903. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

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 no later than October 9, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35259 must be filed with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy must be served 

on Karl Morell, Of Counsel, Ball Janik 

LLP, Suite 225, 1455 F Street, NW., 

Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 28, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–23758 Filed 10–1–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35260] 

Watco Companies, Inc.—Continuance 

in Control Exemption—Boise Valley 

Railroad, Inc. 

Watco Companies, Inc. (Watco), a 

noncarrier, has filed a verified notice of 

exemption under 49 CFR 1180.2(d)(2) to 

continue in control of Boise Valley 

Railroad, Inc. (BVR), upon BVR’s 

becoming a Class III rail carrier.1

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

35259, Boise Valley Railroad, 

Inc.¥Assignment of Lease Exemption– 

Union Pacific Railroad Company and 

Idaho Northern & Pacific Railroad 

Company. In that proceeding, BVR seeks 

an exemption under 49 CFR 1150.31 to 

acquire by assignment of lease from 

Idaho Northern & Pacific Railroad 

Company (INPR) the operating and lease 

rights over approximately 35.99 miles 

(not including yard track) of rail line 

owned by Union Pacific Railroad 

Company (UP). BVR will also acquire 

from INPR approximately 12.11 miles of 

incidental trackage rights over two 

segments of UP’s lines in order to 

interchange traffic with UP at Nampa, 

ID, and to access one of the leased lines. 

The parties intend to consummate the 

transaction on or shortly after October 

16, 2009 (the effective date of this 

notice). 

Watco currently controls 21 Class III 

rail carriers: South Kansas and 

Oklahoma Railroad Company, Palouse 

River & Coulee City Railroad, Inc., 

Timber Rock Railroad, Inc., Stillwater 

Central Railroad, Inc., Eastern Idaho 

Railroad, Inc., Kansas & Oklahoma 

Railroad, Inc., Pennsylvania 

Southwestern Railroad, Inc., Great 

Northwest Railroad, Inc., Kaw River 

Railroad, Inc., Mission Mountain 

Railroad, Inc., Mississippi Southern 

Railroad, Inc., Yellowstone Valley 

Railroad, Inc., Louisiana Southern 

Railroad, Inc., Arkansas Southern 

Railroad, Inc., Alabama Southern 

Railroad, Inc., and Vicksburg Southern 

Railroad, Inc., Austin Western Railroad, 

Inc., Baton Rouge Southern Railroad, 

LLC, Pacific Sun Railroad L.L.C., Grand 

Elk Railroad, and Alabama Warrior 

Railway, L.L.C. 

Watco represents that: (1) The rail 

lines to be operated by BVR do not 

connect with any other railroads in the 

Watco corporate family; (2) the 

transaction is not part of a series of 

anticipated transactions that would 

connect these rail lines with any other 

railroad in the Watco corporate family; 

and (3) the transaction does not involve 

a Class I rail carrier. Therefore, the 

transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here 

because all of the carriers involved are 

Class III carriers. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

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. Stay petitions must be 

filed no later than October 9, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35260, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, one copy of each 

pleading must be served on Karl Morell, 

Of Counsel, Ball Janik, LLP, Suite 225, 

1455 F Street, NW., Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: September 28, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–23756 Filed 10–1–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

Proposed Collection; Comment 

Request; Currency Transaction Report 

AGENCY: Financial Crimes Enforcement 

Network, Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork and respondent 

burden, the Financial Crimes 


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