Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices 101087 

1The verified notice states that the Export Roads 

are the only rail carriers in the corporate family. See 

also Miss. Exp. R.R., FD 36320, slip op. at 2 n.2. 

2See Miss. Exp. R.R., FD 36320, slip op. at 1 n.1. 

3A copy of the agreement, referred to as the Plan 

of Reorganization and Agreement of Merger, is 

attached to the verified notice as Exhibit B. 

1PNWR states that it owns a perpetual freight 

easement for the Line and that the underlying 

property is owned by the Oregon Department of 

Transportation. 

2Persons interested in submitting an OFA must 

first file a formal expression of intent to file an 

offer, indicating the type of financial assistance they 

wish to provide (i.e., subsidy or purchase) and 

demonstrating that they are preliminarily 

financially responsible. See 49 CFR 1152.27(c)(2)(i). 

3The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Office of Environmental 

Analysis (OEA) in its independent investigation) 

Continued 

this form. The form is submitted via 

email. 

Elizabeth Kim, 

Director, Office of Ocean and Polar Affairs, 

Bureau of Oceans and International 

Environmental and Scientific Affairs, 

Department of State. 

[FR Doc. 2024–29427 Filed 12–12–24; 8:45 am] 

BILLING CODE 4710–09–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36819] 

MSE Holding Company—IntraCorporate Family Control Exemption— 

Mississippi Export Railroad Company 

and Alabama Export Railroad, Inc. 

MSE Holding Company (MSE 

Holding) has filed a verified notice of 

exemption for an intra-corporate family 

transaction under 49 CFR 1180.2(d)(3) 

to authorize its proposed control of two 

Class III rail carriers, Mississippi Export 

Railroad Company (MSE) and Alabama 

Export Railroad, Inc. (ALE) (collectively, 

the Export Roads). The verified notice 

states that MSE owns and operates 

approximately 42 miles of rail line 

between Evanston, Miss., and 

Pascagoula, Miss., and ALE leases and 

operates approximately 12 miles of rail 

line in Mobile, Ala. According to the 

verified notice, ALE is currently a 

wholly owned subsidiary of MSE. See 

Miss. Exp. R.R.—Continuance in Control 

Exemption—Ala. Exp. R.R., FD 36320, 

slip op. at 1 (STB served Aug. 30, 2019). 

MSE Holding states that the 

shareholders of MSE intend to 

reorganize the corporate family 1 (the 

Reorganization) such that the Export 

Roads will become sister subsidiaries of 

MSE Holding, which is a newly formed, 

noncarrier holding company. According 

to the verified notice, under the 

Reorganization, each shareholder of 

MSE—none of whom individually 

control MSE 2—will become a 

shareholder of MSE Holding. MSE will 

become a subsidiary of MSE Holding, 

and current MSE shares will be 

exchanged for shares of MSE Holding on 

a one-to-one basis such that no 

shareholder will control MSE Holding. 

MSE Holding further states that MSE 

will transfer its ALE shares to MSE 

Holding. Accordingly, MSE Holding 

seeks Board authority to control MSE 

and ALE. The verified notice states that 

that the Reorganization will be carried 

out pursuant to an agreement dated 

November 26, 2024.3

Unless stayed, the exemption will be 

effective on December 27, 2024 (30 days 

after the verified notice was filed). 

The verified notice states that the 

proposed transaction will not result in 

adverse changes in service levels, 

significant operational changes, or a 

change in the competitive balance with 

carriers outside the corporate family. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(3). 

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. However, 49 U.S.C. 11326(c) 

does not provide for labor protection for 

transactions under 49 U.S.C. 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here 

because all the carriers involved are 

Class III rail 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. Petitions for stay must 

be filed no later than December 20, 2024 

(at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36819, must be filed with the 

Surface Transportation Board either via 

e-filing on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on MSE Holding’s 

representative: Bradon J. Smith, Fletcher 

& Sippel LLC, 29 N. Wacker Drive, Suite 

800, Chicago, IL 60606. 

According to MSE Holding, this 

action is categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and historic preservation 

reporting under 49 CFR 1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: December 10, 2024. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Stefan Rice, 

Clearance Clerk. 

[FR Doc. 2024–29401 Filed 12–12–24; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. AB 541 (Sub–No. 5X)] 

Portland & Western Railroad, Inc.— 

Abandonment Exemption—in 

Washington County, Or. 

Portland & Western Railroad, Inc. 

(PNWR), has filed a verified notice of 

exemption under 49 CFR part 1152 

subpart F—Exempt Abandonments to 

abandon approximately 4,111 feet of rail 

line extending between milepost 31.3 

and milepost 32.2 in Tigard, Or. (the 

Line).1 The Line has no stations and it 

traverses U.S. Postal Service Zip Code 

97223. 

PNWR has certified that: (1) no local 

or overhead freight traffic has moved 

over the Line since 2007; (2) there is no 

overhead traffic that would need to be 

rerouted; (3) no formal complaint filed 

by a user of rail service on the Line (or 

by a state or local government on behalf 

of such user) regarding cessation of 

service over the Line is pending with 

either the Surface Transportation Board 

(Board) or any U.S. District Court or has 

been decided in favor of a complainant 

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

requirements at 49 CFR 1105.7(b) and 

1105.8(c) (notice of environmental and 

historic reports), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to government 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line Railroad— 

Abandonment Portion Goshen Branch 

Between Firth & Ammon, in Bingham & 

Bonneville Counties, Idaho, 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,2

this exemption will be effective on 

January 12, 2025, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,3


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101088 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices 

cannot be made before the exemption’s effective 

date. See Exemption of Out-of-Serv. 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. 

4Filing fees for OFAs and trail use requests can 

be found at 49 CFR 1002.2(f)(25) and (27), 

respectively. 

formal expressions of intent to file an 

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

interim trail use/railbanking requests 

under 49 CFR 1152.29 must be filed by 

December 23, 2024.4 Petitions to reopen 

and requests for public use conditions 

under 49 CFR 1152.28 must be filed by 

January 2, 2025. 

All pleadings, referring to Docket No. 

AB 541 (Sub–No. 5X), must be filed 

with the Surface Transportation Board 

either via e-filing on the Board’s website 

or in writing addressed to 395 E Street, 

SW, Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on PNWR’s representative, 

Justin J. Marks, Clark Hill PLC, 1001 

Pennsylvania Ave. NW, Suite 1300 

South, Washington, DC 20004. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

PNWR has filed a combined 

environmental and historic report that 

addresses the potential effects, if any, of 

the abandonment on the environment 

and historic resources. OEA will issue a 

Draft Environmental Assessment (Draft 

EA) by December 20, 2024. The Draft EA 

will be available to interested persons 

on the Board’s website, by writing to 

OEA, or by calling OEA at (202) 245– 

0294. If you require an accommodation 

under the Americans with Disabilities 

Act, please call (202) 245–0245. 

Comments on environmental or historic 

preservation matters must be filed 

within 15 days after the Draft EA 

becomes available to the public. 

Environmental, historic preservation, 

public use, or trail use/railbanking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), PNWR 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 PNWR’s filing of a notice of 

consummation by December 13, 2025, 

and there are no legal or regulatory 

barriers to consummation, the authority 

to abandon will automatically expire. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: December 10, 2024. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Zantori Dickerson, 

Clearance Clerk. 

[FR Doc. 2024–29378 Filed 12–12–24; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Nos. USTR–2024–0021 and USTR– 

2024–0022] 

Initiation of Section 301 Investigation, 

Hearing, and Request for Public 

Comments: Nicaragua’s Acts, Policies, 

and Practices Related to Labor Rights, 

Human Rights, and Rule of Law 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice of initiation of 

investigation, hearing, and request for 

comments. 

SUMMARY: The U.S. Representative has 

initiated an investigation of Nicaragua’s 

acts, policies, and practices related to 

labor rights, human rights, and the rule 

of law. The inter-agency Section 301 

Committee is holding a public hearing 

and seeking public comments in 

connection with this investigation. 

DATES: 

December 10, 2024: The date the U.S. 

Trade Representative initiated the 

investigation. 

January 8, 2025, at 11:59 p.m. EST: 

Deadline for submitting written 

comments and requests to appear at the 

hearing. The request to appear must 

include a summary of testimony. 

January 16, 2025: The Section 301 

Committee will convene a public 

hearing in the main hearing room of the 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, beginning at 10 a.m. If necessary, 

the hearing may continue on the next 

business day. 

January 23, 2025, at 11:59 p.m. EST: 

Deadline for submitting post-hearing 

rebuttal comments. 

ADDRESSES: Submit documents in 

response to this notice, including 

written comments, hearing appearance 

requests, summaries of testimony, and 

post-hearing rebuttal comments through 

the appropriate online USTR portal at: 

https://comments.ustr.gov/s/. 

FOR FURTHER INFORMATION CONTACT: 

Megan Grimball and Philip Butler, 

Chairs of the Section 301 Committee; 

Leigh Bacon, Chief Counsel for 

Negotiations, Legislation, and 

Administrative Law; or Henry Smith 

and Erin Biel, Assistant General 

Counsels, at 202.395.5725. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Numerous credible reports by the U.S. 

Government and United Nations bodies 

document that the Government of 

Nicaragua has engaged in persistent 

attacks on labor rights, human rights, 

and the rule of law. These actions 

include politically-motivated arrests 

and imprisonments, repression of 

members of religious groups and nongovernmental organizations, 

extrajudicial killings, cruel, inhuman or 

degrading treatment, restrictions on 

freedom of expression and movement, 

violence against members of 

marginalized groups, repression of 

freedom of association and collective 

bargaining, forced labor, human 

trafficking, eliminating legislative and 

judicial independence, spurious 

seizures of property, arbitrary fines and 

rulings, and other harmful acts. The 

Nicaraguan Government’s increasing 

and pervasive labor and human rights 

violations and dismantling of the rule of 

law may, directly or indirectly, impact 

U.S. workers and companies, including 

through the exploitation of workers, 

harming both Nicaraguans directly and 

U.S. workers and businesses indirectly 

through unfair competition; by 

negatively impacting the Nicaraguan 

economy and market, with lost sales 

and exports for U.S. enterprises; and by 

lost investment and business 

opportunities for U.S. workers and 

companies, including through the 

creation of a high-risk environment to 

invest or conduct business. 

II. Initiation of Section 301 

Investigation 

Section 302(b)(1)(A) of the Trade Act 

of 1974, as amended (Trade Act), 

authorizes the U.S. Trade 

Representative to initiate an 

investigation to determine whether an 

act, policy, or practice of a foreign 

country is actionable under section 301 

of the Trade Act. Actionable matters 

under section 301 include acts, policies, 

and practices of a foreign country that 

are unreasonable or discriminatory and 

burden or restrict U.S. commerce. An 

act, policy, or practice is unreasonable 

if, while not necessarily in violation of, 

or inconsistent with, the international 

legal rights of the United States, it is 

otherwise unfair and inequitable. 

Unreasonable acts, policies, and 

practices include any act, policy, or 

practice, or combination thereof, that 

constitutes a persistent pattern of 

conduct that denies workers the right of 

association, denies workers the right to 

organize and bargain collectively, 

permits any form of forced or 


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