San Joaquin Valley Railroad Co.-Lease and Operation Exemption Including Interchange Commitment-Union Pacific Railroad Company

Published date22 January 2021
Citation86 FR 6731
Record Number2021-01356
SectionNotices
CourtSurface Transportation Board
6731
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices
1
A copy of the Agreement was filed with the
verified notice.
Eric Moore, Office of the Procurement
Executive, Department of State,
Telephone: (703) 875–4079.
SUPPLEMENTARY INFORMATION
: On
January 13, 2021, the U.S. Government
applied the measures authorized in
Section 3 of the Iran, North Korea, and
Syria Nonproliferation Act (Pub. L. 109–
353) against the following foreign
persons identified in the report
submitted pursuant to Section 2(a) of
the Act:
Ningbo Vet Energy Technology Co.,
Ltd. (China) and any successor, sub-
unit, or subsidiary thereof;
Ningbo Zhongjun International Trade
Co., Ltd. (NBZJ) (China) and any
successor, sub-unit, or subsidiary
thereof;
Rim Ryong Nam [DPRK Munitions
Industry Department (MID) Official]
(North Korean individual in China).
Accordingly, pursuant to Section 3 of
the Act, the following measures are
imposed on these persons:
1. No department or agency of the
U.S. government may procure or enter
into any contract for the procurement of
any goods, technology, or services from
these foreign persons, except to the
extent that the Secretary of State
otherwise may determine;
2. No department or agency of the
U.S. government may provide any
assistance to these foreign persons, and
these persons shall not be eligible to
participate in any assistance program of
the U.S. government, except to the
extent that the Secretary of State
otherwise may determine;
3. No U.S. government sales to these
foreign persons of any item on the
United States Munitions List are
permitted, and all sales to these persons
of any defense articles, defense services,
or design and construction services
under the Arms Export Control Act are
terminated; and
4. No new individual licenses shall be
granted for the transfer to these foreign
persons of items the export of which is
controlled under the Export Control
Reform Act of 2018 or the Export
Administration Regulations, and any
existing such licenses are suspended.
These measures shall be implemented
by the responsible departments and
agencies of the U.S. government and
will remain in place for two years from
the effective date, except to the extent
that the Secretary of State may
subsequently determine otherwise.
Gonzalo O. Suarez,
Acting Deputy Assistant Secretary,
International Security and Nonproliferation.
[FR Doc. 2021–01316 Filed 1–21–21; 8:45 am]
BILLING CODE 4710–27–P
DEPARTMENT OF STATE
[Public Notice: 11332]
Republic of Cuba Designation as a
State Sponsor of Terrorism (SST)
In accordance with section 6(j)(1) of
the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)), and as
continued in effect by Executive Order
13222 of August 17,2001, section
620A(a) of the Foreign Assistance Act of
1961, Public Law 87–195, as amended
(22 U.S.C. 2371(c)), and section 40(f) of
the Arms Export Control Act, Public
Law 90–629, as amended (22U.S.C.
2780(f), I hereby determine that the
Republic of Cuba has repeatedly
provided support for acts of
international terrorism.
This notice shall be published in the
Federal Register.
Dated: January 12, 2021.
Michael R. Pompeo,
Secretary of State.
[FR Doc. 2021–01416 Filed 1–21–21; 8:45 am]
BILLING CODE 4710–AD–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36480]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—BNSF Railway Company
Union Pacific Railroad Company
(UP), a Class I railroad, has filed a
verified notice of exemption under 49
CFR 1180.2(d)(8) for the acquisition of
temporary overhead trackage rights over
an approximately 51.7-mile rail line of
BNSF Railway Company (BNSF)
between milepost 579.3 on BNSF’s
Creek Subdivision near Mill Creek,
Okla., and milepost 631.0 on BNSF’s
Madill Subdivision near Joe Junction,
Tex., pursuant to the terms of a written
temporary trackage rights agreement
dated December 31, 2020 (Agreement).
1
UP states that the sole purpose of the
temporary trackage rights is to allow UP
to move loaded and empty unit ballast
trains, which will be used solely for UP
maintenance-of-way projects. UP states
that the temporary trackage rights will
expire on December 31, 2021.
The transaction may be consummated
on or after February 7, 2021, the
effective date of the exemption (30 days
after the verified notice was filed).
As a condition to this exemption, any
employees affected by the acquisition of
the temporary trackage rights will be
protected by the conditions imposed in
Norfolk & Western Railway—Trackage
Rights—Burlington Northern, Inc., 354
I.C.C. 605 (1978), as modified in
Mendocino Coast Railway—Lease &
Operate—California Western Railroad,
360 I.C.C. 653 (1980), and any
employees affected by the
discontinuance of those trackage rights
will be protected by the conditions set
out in Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979).
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 January 29, 2021
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36480, should be filed with the
Surface Transportation Board via e-
filing on the Board’s website. In
addition, a copy of each pleading must
be served on UP’s representative, Jeremy
Berman, Union Pacific Railroad
Company, 1400 Douglas Street, Stop
1580, Omaha, NE 68179.
According to UP, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: January 14, 2021.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2021–01355 Filed 1–21–21; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36466]
San Joaquin Valley Railroad Co.—
Lease and Operation Exemption
Including Interchange Commitment—
Union Pacific Railroad Company
San Joaquin Valley Railroad Co.
(SJVR), a Class III railroad, filed a
verified notice of exemption under 49
CFR 1150.41 to continue to lease from
Union Pacific Railroad Company (UP)
and operate 101.5 miles of rail lines (the
Lines), specifically: (1) The Westside
Branch (Lower Los Banos) from Oxalis,
Cal., milepost 159.9 to milepost 181.9,
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6732
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Notices
1
See Port R.Rs.—Lease & Operation Exemption—
S. Pac. Transp. Co., FD 32457 (ICC served Mar. 14,
1994) (authorizing lease of approximately 107.438
miles of line); San Joaquin Valley R.R.—Corp.
Family Transaction Exemption—Port R.Rs., FD
32906 (STB served May 3, 1996). According to the
verified notice, the milepost designations differ
slightly from the Original Lease, reflecting updated
mileposts on the Lines.
2
A copy of the Lease with the interchange
commitment was submitted under seal. See 49 CFR
1150.43(h)(1).
at or near Ingle, Cal.; (2) the Westside
Branch (Lower Los Banos) from Ingle,
milepost 181.9 to Fresno, Cal., at
milepost 207.0 and including the
Riverdale Branch from Ingle, milepost
181.8 to the end of the track at or near
milepost 206.2 at Burrell, Cal.; (3) the
Buttonwillow Branch from Kern Jct.,
Cal., milepost 316.3 to Gosford, Cal.,
milepost 322.6; and (4) the
Buttonwillow Branch from Gosford,
milepost 322.6 to the end of the track at
or near Buttonwillow, Cal., milepost
346.3.
According to SJVR, it has entered into
a lease with UP (the Lease) to replace a
1994 lease (the Original Lease) between
UP’s predecessor company, Southern
Pacific Transportation Company, and
SJVR, as an assignee of Port Railroads,
Inc., and that SJVR is currently the
operator of the Lines under the Original
Lease.
1
SJVR states that it entered the
Lease with UPRR on December 28, 2020,
to further extend the term of the
Original Lease and make other
commercial revisions and that SJVR will
continue to be the operator after the
transaction.
SJVR certifies that the Lease contains
an interchange commitment.
2
Accordingly, SJVR has provided
additional information regarding the
interchange commitment, as required by
49 CFR 1150.43(h).
SJVR certifies that its projected
revenues as a result of the transaction
will not exceed those that would qualify
it as a Class III carrier but also certifies
that its revenues currently exceed $5
million. Pursuant to 49 CFR 1150.42(e),
if a carrier’s projected annual revenues
will exceed $5 million, it must, at least
60 days before the exemption becomes
effective, post a notice of its intent to
undertake the proposed transaction at
the workplace of the employees on the
affected lines, serve a copy of the notice
on the national offices of the labor
unions with employees on the affected
lines, and certify to the Board that it has
done so. However, SJVR’s verified
notice includes a request for waiver of
the 60-day advance labor notice
requirements. SJVR’s waiver request
will be addressed in a separate decision.
The Board will establish the effective
date of the exemption in its separate
decision on the waiver request.
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 January 29, 2021.
All pleadings, referring to Docket No.
FD 36466, should be filed with the
Surface Transportation Board via e-
filing on the Board’s website. In
addition, a copy of each pleading must
be served on SJVR’s representative, Eric
M. Hocky, Clark Hill PLC, Two
Commerce Square, 2001 Market St.,
Suite 2620, Philadelphia, PA 19103.
According to SJVR, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: January 15, 2021.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021–01356 Filed 1–21–21; 8:45 am]
BILLING CODE 4915–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2020–0037]
Notice of Determination Pursuant to
Section 301: Vietnam’s Acts, Policies,
and Practices Related to Currency
Valuation
AGENCY
: Office of the United States
Trade Representative (USTR).
ACTION
: Notice.
SUMMARY
: The U.S. Trade
Representative has determined that
Vietnam’s acts, policies, and practices
related to currency valuation, including
excessive foreign exchange market
interventions and other related actions,
taken in their totality, are unreasonable
and burden or restrict U.S. commerce,
and thus actionable under Section 301.
FOR FURTHER INFORMATION CONTACT
: For
questions concerning the investigation,
contact Michael T. Gagain, Assistant
General Counsel, 202–395–9529, or
Marta M. Prado, Deputy Assistant U.S.
Trade Representative for Southeast Asia
and the Pacific, 202–395–6216.
SUPPLEMENTARY INFORMATION
:
I. Proceedings in the Investigation
On October 2, 2020, the U.S. Trade
Representative initiated an investigation
of Vietnam’s acts, policies, and practices
related to the valuation of its currency
pursuant to section 302(b)(1)(A) of the
Trade Act of 1974, as amended (the
Trade Act). See 85 FR 63637 (Oct. 8,
2020) (notice of initiation). In the notice
of initiation, USTR explained that the
Government of Vietnam, through the
State Bank of Vietnam, tightly manages
the value of its currency, and that the
State Bank of Vietnam’s management of
Vietnam’s currency is closely tied to the
U.S. dollar. USTR also explained that
available analysis indicated that
Vietnam’s currency had been
undervalued over the past three years,
and that available evidence indicated
that Vietnam, through the State Bank of
Vietnam, actively intervened in the
exchange market, which contributed to
the dong’s undervaluation in 2019.
The notice of initiation solicited
written comments regarding various
issues in the investigation. Interested
persons filed 66 written submissions in
response to the notice of initiation.
In a notice published on November
25, 2020, USTR announced further
opportunities for public input. See 85
FR 75397 (Nov. 25, 2020) (hearing
notice). In the hearing notice, USTR
announced that the interagency Section
301 Committee would hold a virtual
public hearing on December 29, 2020,
and that interested persons could
submit post-hearing comments,
addressed to any matter raised in the
hearing testimony or prior written
submissions, by January 7, 2021. In
response to an inquiry from certain
interested persons, USTR confirmed
that post-hearing comments may
address the December 16, 2020,
Department of the Treasury report on
Macroeconomic and Foreign Exchange
Policies of Major Trading Partners of the
United States. During the public
hearing, 21 witnesses provided
testimony and responded to questions.
USTR received 18 written submissions
following the hearing.
The written submissions are publicly
available on the docket in this
investigation. A transcript of the public
hearing is available on the public docket
and is posted on USTR’s website.
Under section 303 of the Trade Act,
the U.S. Trade Representative requested
consultations with the Government of
Vietnam regarding the issues involved
in the investigation. Consultations were
held on December 23, 2020.
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