Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30349 

1Persons 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). 

2While this is not the preferred procedural 

approach, it will be permitted here. See Union Pac. 

R.R.—Aban. Exemption—in Adams, Weld & 

Boulder Cntys., Colo., AB 33 (Sub-No. 307X), slip 

op. at 1 n.2 (STB served Oct. 18, 2012) (‘‘Even if 

the abandonment is eligible for a class exemption, 

if a petitioner also seeks exemptions that must be 

ruled upon by the entire Board, the better practice 

is to file one petition for exemption seeking both 

the abandonment and any other requested 

exemptions.’’). 

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) 

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. 

—Consideration and analysis of reports 

on alleged inadequacy of port 

reception facilities; 

—Lessons learned and safety issues 

identified from the analysis of marine 

safety investigation reports; 

—Measures to harmonize port state 

control (PSC) activities and 

procedures worldwide; 

—Identified issues related to the 

implementation of IMO instruments 

from the analysis of PSC data; 

—Analysis of consolidated audit 

summary reports; 

—Updated survey guidelines under the 

Harmonized System of Survey and 

Certification (HSSC); 

—Non-exhaustive list of obligations 

under the instruments relevant to the 

IMO Instruments Implementation 

Code (III Code); and 

—Unified interpretation of provisions of 

IMO safety, security, and environment 

related conventions. 

—Follow-up work emanating from the 

Action Plan to address plastic litter 

from ships. 

—Review the model agreement for the 

authorization of recognized 

organizations acting on behalf of the 

Administration. 

Please note: The IMO may, on short 

notice, adjust the III 7 agenda to 

accommodate the constraints associated 

with the virtual meeting format. Any 

changes to the agenda will be reported 

to those who RSVP and those in 

attendance at the meeting. 

Those who plan to participate may 

contact the meeting coordinator, Mr. 

Christopher Gagnon, by email at 

christopher.j.gagnon@uscg.mil, by 

phone at (202) 372–1231, or in writing 

at 2703 Martin Luther King Jr. Ave. SE, 

Stop 7501, Washington DC 20593–7509. 

Members of the public needing 

reasonable accommodation should 

advise Mr. Gagnon not later than June 

23, 2021. Requests made after that date 

will be considered, but might not be 

possible to fulfill. 

Additional information regarding this 

and other IMO public meetings may be 

found at: https://www.dco.uscg.mil/ 

IMO. 

Jeremy M. Greenwood, 

Coast Guard Liaison Officer, Office of Ocean 

and Polar Affairs, Department of State. 

[FR Doc. 2021–11818 Filed 6–4–21; 8:45 am] 

BILLING CODE 4710–09–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. AB 1094X] 

City of Los Angeles—Abandonment 

Exemption—in Los Angeles County, 

Cal. 

The City of Los Angeles (the City) has 

filed a verified notice of exemption 

under 49 CFR part 1152 subpart F— 

Exempt Abandonments to abandon a 

2.6-mile portion of a rail line known as 

the San Pedro Subdivision extending 

from milepost 4.00 (north of Front Street 

and east of the Gaffey Street Lead) to the 

end of the line at milepost 6.60 in Los 

Angeles County, Cal. (the Line). The 

Line traverses U.S. Postal Service Zip 

Code 90731. 

The City has certified that: (1) No 

local traffic has moved over the Line for 

at least two years; (2) no overhead traffic 

will need to be rerouted because the 

Line is stub-ended; (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 (Board) or 

with any U.S. District Court or has been 

decided in favor of a complainant 

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

requirements of 49 CFR 1105.7 and 

1105.8 (notice of environmental and 

historic reports), 49 CFR 1105.9 (Coastal 

Zone Management Act), 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 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,1 the 

exemption will be effective on July 7, 

2021, unless stayed pending 

reconsideration. The City 

simultaneously has filed in this 

proceeding a petition for exemption 

from the OFA provisions at 49 U.S.C. 

10904 and the public use provisions at 

49 U.S.C. 10905.2 That petition will be 

addressed in a subsequent decision. 

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), and interim 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by June 17, 

2021.4 Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by June 28, 2021. 

All pleadings, referring to Docket No. 

AB 1094X, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, a copy of each pleading must 

be served on the City’s representative, 

Allison I. Fultz, Kaplan Kirsch & 

Rockwell, 1001 Connecticut Avenue 

NW, Suite 800, Washington, DC 20036. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

The City 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 June 11, 2021. The Draft EA will 

be available to interested persons on the 

Board’s website, by writing to OEA, or 

by calling OEA at (202) 245–0305. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. Comments 

on environmental and historic 

preservation matters must be filed 

within 15 days after the Draft EA 

becomes available to the public. 

Environmental, historic preservation, 

public use, or interim 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), the City shall file a notice 

of consummation with the Board to 


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30350 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 

signify that it has exercised the 

authority granted and fully abandoned 

the Line. If consummation has not been 

effected by the City’s filing of a notice 

of consummation by June 7, 2022, 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: June 1, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2021–11822 Filed 6–4–21; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2021–0004] 

Notice of Action in the Section 301 

Investigation of Italy’s Digital Services 

Tax 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice. 

SUMMARY: On January 6, 2021, the U.S. 

Trade Representative announced a 

determination that Italy’s Digital 

Services Tax (DST) is unreasonable or 

discriminatory and burdens or restricts 

U.S. commerce. This notice announces 

the U.S. Trade Representative’s 

determination to take action in the form 

of additional duties of 25 percent on the 

products of Italy specified in Annex A 

to this notice. The U.S. Trade 

Representative has further determined 

to suspend application of the additional 

duties for a period of up to 180 days. 

DATES: 

June 2, 2021: The U.S. Trade 

Representative determined to take 

action in the form of additional duties 

of 25 percent on products of Italy 

specified in Annex A. 

November 29, 2021: The end of the 

180-day suspension period for the 

additional duties. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning the investigation, 

please contact Benjamin Allen, Thomas 

Au, or Patrick Childress, Assistant 

General Counsels at: (202) 395–9439, 

(202) 395–0380, and (202) 385–9531, 

respectively; Robert Tanner, Director, 

Services and Investment at (202) 395– 

6125; or Michael Rogers, Director for 

Europe and the Middle East at (202) 

395–2684. For specific questions on 

customs classification or 

implementation of additional duties on 

products, contact traderemedy@cbp.gov. 

SUPPLEMENTARY INFORMATION: 

I. Proceedings in the Investigation 

Italy has adopted a DST that applies 

to companies that during the previous 

calendar year, generated Ö750 million or 

more in worldwide revenues and Ö5.5 

million or more in revenues deriving 

from the provision of digital services in 

Italy. On June 2, 2020, the U.S. Trade 

Representative initiated an investigation 

of Italy’s DST pursuant to section 

302(b)(1)(A) of the Trade Act of 1974, as 

amended (Trade Act). See 85 FR 34709 

(June 5, 2020) (notice of initiation). The 

notice of initiation solicited written 

comments on, inter alia, the following 

aspects of Italy’s DST: Discrimination 

against U.S. companies; retroactivity; 

and possibly unreasonable tax policy. 

With respect to tax policy, USTR 

solicited comments on, inter alia, 

whether the DST diverged from 

principles reflected in the U.S. and 

international tax systems including 

extraterritoriality; taxing revenue not 

income; and a purpose of penalizing 

particular technology companies for 

their commercial success. Interested 

persons filed over 380 written 

submissions in response. The public 

submissions are available on 

www.regulations.gov in docket number 

USTR–2020–0022. 

Under section 303 of the Trade Act, 

the U.S. Trade Representative requested 

consultations with the government of 

Italy regarding the issues involved in 

the investigation. Consultations were 

held on November 10, 2020. Based on 

information obtained during the 

investigation, USTR prepared a 

comprehensive report on Italy’s DST, 

which is posted on the USTR website at 

https://ustr.gov/issue-areas/ 

enforcement/section-301-investigations/ 

section-301-digital-services-taxes. The 

report includes a full description of 

Italy’s DST, and supports findings that 

Italy’s DST is unreasonable and 

discriminatory and burdens or restricts 

U.S. commerce. On January 6, 2021, 

based on the information obtained 

during the investigation and the advice 

of the Section 301 Committee, the U.S. 

Trade Representative determined that 

Italy’s DST is unreasonable or 

discriminatory and burdens or restricts 

U.S. commerce, and therefore is 

actionable under sections 301(b) and 

304(a) of the Trade Act. See 86 FR 2477 

(January 12, 2021). 

On March 31, 2021, USTR issued a 

notice proposing that appropriate action 

would include additional ad valorem 

duties of up to 25 percent on products 

of Italy to be drawn from a list of 59 

tariff subheadings of the Harmonized 

Tariff Schedule of the United States 

(HTSUS) included in the annex to that 

notice. The March 31, 2021 notice 

requested comments on the proposed 

action as well as on other potential 

actions in the investigation. Witnesses 

provided testimony at public hearings 

on May 3 and May 6, 2021, and 

interested persons filed written 

comments. Transcripts from the 

hearings are available on the USTR 

website at: https://ustr.gov/issue-areas/ 

enforcement/section-301-investigations/ 

section-301-digital-services-taxes. The 

written public submissions are available 

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

docket?docketNumber=USTR-2021- 

0004 and https://comments.ustr.gov/s/ 

docket?docketNumber=USTR-2021- 

0008. 

II. Determination of Action To Be 

Taken in the Investigation 

In accordance with section 301(b) of 

the Trade Act, the U.S. Trade 

Representative has determined that 

action is appropriate in this 

investigation. Section 301(b) provides 

that upon determining that the acts, 

policies, and practices under 

investigation are actionable and that 

action is appropriate, the U.S. Trade 

Representative shall take all appropriate 

and feasible action authorized under 

section 301(c) of the Trade Act, subject 

to the specific direction, if any, of the 

President regarding such action, and all 

other appropriate and feasible action 

within the power of the President that 

the President may direct the U.S. Trade 

Representative to take under section 

301(b), to obtain the elimination of that 

act, policy, or practice. Section 

304(a)(2)(B) provides that the U.S. Trade 

Representative shall make the 

determination of what action to take on 

or before the date that is 12 months after 

the date on which the investigation was 

initiated, or in this case, by June 2, 

2021. 

Pursuant to sections 301(b) and (c) of 

the Trade Act, and in accordance with 

the advice of the Section 301 

Committee, the U.S. Trade 

Representative has determined that 

appropriate action is the imposition of 

ad valorem duties of 25 percent on 

products of Italy specified in Annex A 

to this notice. Annex A contains a list 

of 44 tariff subheadings, with an 

estimated trade value for calendar year 

2019 of approximately $386 million. In 

making this determination, the U.S. 

Trade Representative considered the 

public comments submitted in the 

investigation, as well as advice of 

advisory committees. In determining the 

level of trade covered by the additional 

duties, the U.S. Trade Representative 

considered the value of digital 


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