18434 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

1EDC acquired the line from Hardin Southern 

Railroad in Murray-Calloway Economic 

Development Corporation—Acquisition Exemption– 

Hardin Southern Railroad, Inc., STB Finance 

Docket No. 34742 (STB served Sept. 7, 2005). EDC 

has not operated service over the line and its 

remaining line is currently leased to another 

operator. 

of a WTO dispute settlement panel. 

Consistent with this obligation, USTR is 

providing notice that the establishment 

of a dispute settlement panel has been 

requested pursuant to the WTO 

Understanding on Rules and Procedures 

Governing the Settlement of Disputes 

(‘‘DSU’’). If such a panel is established 

pursuant to the DSU, such panel, which 

would hold its meetings in Geneva, 

Switzerland, would be expected to issue 

a report on its findings and 

recommendations within nine months 

after it is established. 

Major Issue Raised by Mexico 

In its panel request, Mexico 

challenges three U.S. measures: (1) The 

Dolphin Protection Consumer 

Information Act (19 U.S.C. 1385); (2) 

certain dolphin-safe labeling regulations 

(50 CFR 216.91–92); and (3) the Ninth 

Circuit decision in Earth Island v. 

Hogarth, 494 F. 3d. 757 (9th Cir. 2007), 

and alleges that these measures have the 

effect of prohibiting Mexican tuna and 

tuna products from being labeled 

dolphin-safe. Specifically, Mexico 

alleges that its tuna and tuna products 

are accorded less favorable treatment 

than like products of national origin and 

like products originating in other 

countries and are not immediately and 

unconditionally accorded any 

advantage, favor, privilege, or immunity 

granted to like products in other 

countries. Mexico further alleges that 

the U.S. measures create unnecessary 

obstacles to trade, are not based on an 

existing international standard, and are 

maintained although their objectives 

can be addressed in a less trade 

restrictive manner. Mexico alleges that 

the U.S. measures appear to be 

inconsistent with the General 

Agreement on Tariffs and Trade 1994, 

Articles I:1 and III:4, and the Agreement 

on Technical Barriers to Trade, Articles 

2.1, 2.2, 2.3 and 2.4. 

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–2008–0038. If you are unable to 

provide submission 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–2008–0038 on the home 

page and click ‘‘go’’. 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 ‘‘Send a Comment or 

Submission.’’ (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 ‘‘General Comments’’ 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 ‘‘General Comments’’ 

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 only by fax to Sandy 

McKinzy at (202) 395–3640. A nonconfidential 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 information 

submitted in confidence must be 

submitted only by fax to Sandy 

McKinzy at (202) 395–3640. A nonconfidential 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 may be 

viewed on the http:// 

www.regulations.gov Web site by 

entering docket number USTR–2008– 

0038 in the search field on the home 

page. 

Daniel Brinza, 

Assistant United States Trade Representative 

for Monitoring and Enforcement. 

[FR Doc. E9–9152 Filed 4–21–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–1033X] 

Murray-Calloway Economic 

Development Corporation— 

Abandonment Exemption—in Marshall 

and Calloway Counties, KY 

Murray-Calloway Economic 

Development Corporation (EDC) has 

filed a notice of exemption under 49 

CFR Part 1152 Subpart F—Exempt 

Abandonments to abandon a 7.34-mile 

line of railroad between milepost 30, 

near Hardin, Marshall County, KY, and 

milepost 37.34, near Murray, Calloway 

County, KY. The line traverses United 

States Postal Service Zip Codes 42020, 

42036, 42048, and 42071.1


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 18435 

2ESC originally indicated that it would 

consummate the abandonment on or after May 21, 

2009. But counsel for EDC has been notified that the 

earliest this transaction may be consummated is 

May 22, 2009. 

3The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

4Each OFA must be accompanied by the filing 

fee, which currently is set at $1,500. See 49 CFR 

1002.2(f)(25). 

1UP’s notice of exemption stated May 21, 2009, 

as the date of consummation. UP’s counsel was 

notified that May 22, 2009, is the earliest day that 

the discontinuance may be consummated (50 days 

after the filed date). 

2Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

3 In discontinuance proceedings, trail use/rail 

banking and public use conditions are not 

appropriate. Likewise, no environmental or 

historical documentation is required here under 49 

CFR 1105.6(c) and 1105.8(b), respectively. As part 

of their notice of exemption, UP also requests 

authority to temporarily remove the track structure 

and any related highway grade crossing signal 

systems to provide highway vehicles with 

unobstructed passage over grade crossings. UP 

acknowledges that they are obligated to reinstall 

track and any grade crossing signal systems at its 

sole expense should operations on the line be 

reinstated. 

EDC has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there has been no 

overhead traffic on the line since EDC 

acquired it in 2005, and any previous 

overhead traffic has been rerouted; (3) 

no formal complaint filed by a user of 

rail service on the line (or by a state or 

local government entity acting on behalf 

of such user) regarding cessation of 

service over the line either is pending 

with the Surface Transportation Board 

or with any U.S. District Court or has 

been decided in favor of complainant 

within the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental report), 49 CFR 1105.8 

(historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on May 22, 

2009, unless stayed pending 

reconsideration.2 Petitions to stay that 

do not involve environmental issues,3

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),4 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by May 4, 

2009. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by May 12, 2009, 

with: Surface Transportation Board, 395 

E Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to EDC’s 

representative: Eric M. Hocky, Thorp, 

Reed & Armstrong, LLP, One Commerce 

Square, 2005 Market Street, Suite 1910, 

Philadelphia, PA 19103. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

EDC has filed a combined 

environmental and historic report 

addressing the effects, if any, of the 

abandonment on the environment and 

historic resources. SEA will issue an 

environmental assessment (EA) by April 

27, 2009. Interested persons may obtain 

a copy of the EA by writing to SEA 

(Room 1100, Surface Transportation 

Board, Washington, DC 20423–0001) or 

by calling SEA at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), EDC shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

EDC’s filing of a notice of 

consummation by April 22, 2010, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 10, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–8855 Filed 4–21–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–33 (Sub-No. 204X)] 

Union Pacific Railroad Company— 

Discontinuance of Service 

Exemption—in Washington County, 

MO 

Union Pacific Railroad Company (UP) 

has filed a notice of exemption under 49 

CFR Part 1152 Subpart F—Exempt 

Abandonment and Discontinuances of 

Service to discontinue service over the 

Pea Ridge Subdivision, a 20.67-mile line 

of railroad, extending from milepost 

63.75, near New Fountain Farm, to 

milepost 84.42, near Pea Ridge, in 

Washington County, MO. The line 

traverses United States Postal Service 

Zip Code 93635. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic on the line; (3) no formal 

complaint filed by a user of rail service 

on the line (or by a state or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Board or with any U.S. District Court or 

has been decided in favor of 

complainant within the 2-year period; 

and (4) the requirements of 49 CFR 

1105.12 (newspaper publication) and 49 

CFR 1152.50(d)(1) (notice to 

governmental agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.— 

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on May 22, 

2009,1 unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues and 

formal expressions of intent to file an 

OFA for continued rail service under 49 

CFR 1152.27(c)(2),2 must be filed by 

May 4, 2009.3 Petitions to reopen must 

be filed by May 12, 2009, with the 

Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. 

A copy of any petition filed with the 

Board should be sent to UP’s 

representative: Mack H. Shumate, Jr., 


dwashington3 on PROD1PC60 with NOTICES