Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31789 

1The 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. 

2Each OFA must be accompanied by the filing 

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

1002.2(f)(25). 

Dated: June 24, 2009. 

James Steinberg, 

Deputy Secretary of State, Department of 

State. 

[FR Doc. E9–15666 Filed 7–1–09; 8:45 am] 

BILLING CODE 4710–10–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Petition Under Section 301 on Israel’s 

Protection of Intellectual Property 

Rights; Decision Not To Initiate 

Investigation 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Decision not to initiate 

investigation. 

SUMMARY: The United States Trade 

Representative (USTR) has determined 

not to initiate an investigation under 

section 301 of the Trade Act of 1974 

with respect to a petition alleging that 

the Government of Israel has breached 

obligations under the WTO Agreement 

to protect intellectual property rights 

(IPR). 

DATES: Effective Date: June 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Choe Groves, Senior Director 

for Intellectual Property and Innovation 

and Chair of the Special 301 Committee, 

(202) 395–4510; or William Busis, 

Associate General Counsel and Chair of 

the Section 301 Committee, (202) 395– 

3150. 

SUPPLEMENTARY INFORMATION: On May 

13, 2009, the Institute for Research: 

Middle Eastern Policy (IRMEP) filed a 

petition pursuant to section 302 of the 

Trade Act of 1974, as amended (the 

Trade Act)(19 U.S.C. 2412), alleging that 

acts, policies and practices of the 

Government of Israel are inconsistent 

with the obligations of Israel under 

Article 39 of the Agreement on TradeRelated Aspects of Intellectual Property 

Rights (TRIPS Agreement), among other 

allegations. The petition presents five 

separate ‘‘complaints’’ involving: (1) 

Access to a 1985 classified report 

relating to the negotiation of the U.S.- 

Israel FTA; (2) military-industrial 

espionage; (3) intellectual property 

rights of U.S. pharmaceutical firms; (4) 

the use of the proceeds from diamond 

exports; and (5) the conduct of proIsrael lobbyists. The petition alleges that 

the bilateral U.S.-Israel trade deficit 

results from the matters complained of 

in the petition, and that the bilateral 

trade deficit results in the loss of U.S. 

jobs. The petition requests the Trade 

Representative to ‘‘immediately suspend 

the U.S.-Israel FTA until such time as 

IRMEP’s complaints are addressed and 

Israel has provided damages for past 

violations of IP rights.’’ 

The Trade Representative has decided 

not to initiate an investigation regarding 

the petition on three separate grounds. 

First, IRMEP—which describes itself as 

an organization involved in Middle 

Eastern policy formulation—fails to 

allege the ‘‘significant interest’’ 

necessary to have standing to file a 

petition addressed to an alleged denial 

of U.S. IP rights. Second, the initiation 

of a Section 301 investigation in 

response to the petition would not be an 

effective means to address the matters 

raised in the petition. Most of the 

matters raised in the petition are 

unconnected to the alleged breach of 

Article 39 of the TRIPS Agreement. 

And, to the extent the petition does 

describe any TRIPS Agreement issues, 

those issues would be addressed more 

effectively through the established 

Special 301 process and the on-going 

Out-of-Cycle Review of Israel’s IPR 

protection (see pp.19–20 of the 2009 

Special 301 Report at http:// 

www.ustr.gov for a description of the 

Out-of-Cycle Review of Israel). Third, 

the petition seeks a form of relief—the 

immediate suspension of the US–Israel 

FTA without any form of investigation 

or dispute settlement—not provided for 

under the Section 301 statute. 

Daniel Brinza, 

Assistant United States Trade Representative 

for Monitoring and Enforcement. 

[FR Doc. E9–15608 Filed 7–1–09; 8:45 am] 

BILLING CODE 3190–W9–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–290 (Sub-No. 309X)] 

Norfolk Southern Railway Company— 

Abandonment Exemption—in Blount 

County, TN 

Norfolk Southern Railway Company 

(NSR) has filed a verified notice of 

exemption under 49 CFR Part 1152 

Subpart F—Exempt Abandonments to 

abandon a 0.66-mile line of railroad 

between mileposts 15.50–KA and 

16.16–KA in Maryville, Blount County, 

TN. The line traverses United States 

Postal Service Zip Code 37804. 

NSR has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) any overhead traffic 

can be rerouted over other lines; (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 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 OFA has been received, 

this exemption will be effective on 

August 1, 2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

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

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by July 13, 

2009. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by July 22, 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 NSR’s 

representative: James R. Paschall, Three 

Commercial Place, Norfolk, VA 23510. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

NSR has filed environmental and 

historic reports that address the effects, 

if any, of the abandonment on the 

environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by July 7, 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 

31790 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

1The 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. 

2Each OFA must be accompanied by the filing 

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

1002.2 (f)(25). 

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), NSR 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 

NSR’s filing of a notice of 

consummation by July 2, 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: June 26, 2009. 

By the Board. 

Joseph H. Dettmar, 

Acting Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–15609 Filed 7–1–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–33 (Sub-No. 278X)] 

Union Pacific Railroad Company— 

Abandonment Exemption—in San 

Joaquin and Stanislaus Counties, CA 

Union Pacific Railroad Company (UP) 

has filed a verified notice of exemption 

under 49 CFR Part 1152 Subpart F— 

Exempt Abandonments to abandon a 

5.18-mile line of railroad known as the 

McHenry Industrial Lead extending 

from milepost 21.25 near Escalon to 

milepost 26.43 near McHenry in San 

Joaquin and Stanislaus Counties, CA. 

The line traverses United States Postal 

Service Zip Codes 95320 and 95356. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) there is no overhead 

traffic to be 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 August 1, 

2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

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

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by July 13, 

2009. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by July 22, 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: Gabriel S. Meyer, 

Assistant General Attorney, 1400 

Douglas Street, STOP 1580, Omaha, NE 

68179. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

UP has filed a combined 

environmental and historic report that 

addresses the effects, if any, of the 

abandonment on the environment and 

historic resources. SEA will issue an 

environmental assessment (EA) by July 

7, 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), UP 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 

UP’s filing of a notice of consummation 

by July 2, 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: June 25, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–15506 Filed 7–1–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Request Revision 

From the Office of Management and 

Budget of a Currently Approved 

Information Collection Activity, 

Request for Comments; Part 121 Pilot 

Age Limit 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The FAA invites public 

comments about our intention to request 

the Office of Management and Budget 

(OMB) to approve a current information 

collection. The FAA is proposing to 

raise the upper age limit for pilots 

serving in domestic, flag, and 

supplemental operations until they 

reach their 65th birthday as long as the 

other pilot at the controls is under age 

60. Affected pilots would have to apply 

for medical examination twice a year to 

maintain a first-class medical certificate 

instead of once a year to maintain a 

second-class medical certificate. 

DATES: Please submit comments by 

August 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Carla Mauney on (202) 267–9895, or by 

e-mail at: Carla.Mauney@faa.gov. 

SUPPLEMENTARY INFORMATION: