Mark W. Dobronski and Susan K. Dobronski-Acquisition of Control Exemption-Adrian & Blissfield Rail Road Company, Charlotte Southern Railroad Company, Detroit Connecting Railroad Company, Lapeer Industrial Railroad Company and Jackson & Lansing Railroad Company, 75676-75677 [2013-29691]
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75676
Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Notices
maindgalligan on DSK5TPTVN1PROD with NOTICES
visible, then the transport vehicle or
freight container must be marked on
each side and each end with a
‘‘BIOHAZARD’’ marking.
In contrast, N.J.A.C. 7:26–3A.30
requires that the vehicles that transport
regulated medical waste have: (1) The
name of the transporter; (2) the NJDEP
solid waste transporter registration
number; and (3) either the words
‘‘Medical Waste’’ or ‘‘Infectious Waste’’
on two sides and the back of the cargocarrying body. The N.J.A.C. marking
requirement is not substantively the
same as the HMR and is therefore
preempted.
IV. Ruling
Federal hazardous material
transportation law preempts the
following requirements in the New
Jersey Administrative Code (N.J.A.C.)
because the requirements are not
substantively the same as the
requirements in the HMR:
1. N.J.A.C. 7:26–3A.10(a) that
generators must separate into different
containers before transport sharps,
fluids (greater than 20 cc), and other
regulated medical waste;
2. N.J.A.C. 7:26–3A.11(d) which
allows a generator to ship oversized
medical waste without placing it in a
packaging as required by the HMR;
3. N.J.A.C. 7:26–3A.14 that the words
‘‘Medical Waste’’ or ‘‘Infectious Waste’’
must be labeled on the outside of the
package when there is untreated
regulated medical waste;
4. N.J.A.C. 7:26–3A.15 that each
‘‘generator shall mark each individual
container of regulated medical waste in
accordance with all applicable Federal
regulations. . . . .’’ and that the markings
must include details of the transporter’s
name, the date of shipment, the
intermediate handler’s name, and other
specific information;
5. N.J.A.C. 7:26–3A.19 and those
provisions of 7:26–3A.31 which require
the use of a specific ‘‘tracking form’’ to
accompany shipments of regulated
medical waste that are prescribed for
either the generator or the transporter;
6. N.J.A.C. 7:26–3A.28 that, when
transferring between transporters, each
transporter must place a water resistant
tag below the generator’s marking on the
outer surface of the container with the
transporter’s name, solid waste
registration number, and date of receipt;
and
7. N.J.A.C. 7:26–3A.30 which requires
that a vehicle used to transport
regulated medical waste must have: (1)
The name of the transporter; (2) the
NJDEP solid waste transporter
registration number; and (3) either the
words ‘‘Medical Waste’’ or ‘‘Infectious
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16:45 Dec 11, 2013
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Waste’’ on two sides and the back of the
cargo-carrying body.
8. N.J.A.C. 7:26–3A.45 to the extent
that it requires rail transporters to
comply with the transporter
requirements of 7:26–3A.28 and 7:26–
3A.30.
9. N.J.A.C. 7:26–3A.46 which requires
a specific tracking form to accompany
shipments of regulated medical waste
for rail transporters.
Federal hazardous material
transportation law does not preempt the
following requirements because they do
not create an obstacle in complying with
the HMR.
1. N.J.A.C. 7:26–3A.21(a)(1) to the
extent that it requires the generator to
retain a copy of the shipping paper for
at least three years from the date the
regulated medical waste was accepted
by the transporter;
2. N.J.A.C. 7:26–3A.21(a)(2) to the
extent that it requires the generator to
retain a copy of any exception report for
at least three years after the day the
exception report was submitted;
3. N.J.A.C. 7:26–3A.22 to the extent
that it requires the generator of the
regulated medical waste to file an
exception report with the state when a
transporter and/or destination facility
notifies the generator of any discrepancy
between the shipment as accepted by
the initial transporter and delivered to
the destination facility;
4. N.J.A.C. 7:26–3A.32 to the extent
that it requires the transporter to deliver
the entire quantity of regulated medical
waste to the proper party listed on the
tracking form;
5. N.J.A.C. 7:26–3A.33 to the extent
that does not require a particular form
to be used to consolidate the multiple
shipments;
6. N.J.A.C. 7:26–3A.34 to the extent
that it requires that the transporter of
the regulated medical waste to retain a
copy of the shipping paper for at least
three years from the date the regulated
medical waste was accepted by the next
party; and
7. N.J.A.C. 7:26–3A.41 to the extent
that it requires intermediate handlers
and destination facilities to certify that
they had received the listed regulated
medical waste.
V. Petition for Reconsideration/Judicial
Review
In accordance with 49 CFR
107.211(a), any person aggrieved by this
decision may file a petition for
reconsideration within 20 days of
publication of this decision in the
Federal Register. A petition for judicial
review of a final preemption
determination must be filed in the
United States Court of Appeals for the
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District of Columbia or in the Court of
Appeals for the United States for the
circuit in which the petitioner resides or
has its principal place of business,
within 60 days after the determination
becomes final. 49 U.S.C. 5127(a).
This decision will become PHMSA’s
final decision 20 days after publication
in the Federal Register if no petition for
reconsideration is filed within that time.
The filing of a petition for
reconsideration is not a prerequisite to
seeking judicial review of this decision
under 49 U.S.C. 5127(a).
If a petition for reconsideration is
filed within 20 days of publication in
the Federal Register, the action by
PHMSA’s Chief Counsel on the petition
for reconsideration will be PHMSA’s
final action. 49 CFR 107.211(d).
Issued in Washington, DC on December 2,
2013.
Vanessa L. Allen Sutherland,
Chief Counsel.
[FR Doc. 2013–29604 Filed 12–11–13; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35787]
Mark W. Dobronski and Susan K.
Dobronski—Acquisition of Control
Exemption—Adrian & Blissfield Rail
Road Company, Charlotte Southern
Railroad Company, Detroit Connecting
Railroad Company, Lapeer Industrial
Railroad Company and Jackson &
Lansing Railroad Company
Mark W. Dobronski and Susan K.
Dobronski (Applicants), both
noncarriers, have filed a verified notice
of exemption under 49 CFR 1180(d)(2)
to indirectly control Adrian & Blissfield
Rail Road Company (ADBF), a Class III
railroad, and ADBF’s four Class III
railroad subsidiaries: Charlotte Southern
Railroad Company (CHS), Detroit
Connecting Railroad Company (DCON),
Lapeer Industrial Railroad Company
(LIRR), and Jackson & Lansing Railroad
Company (JAIL).
Applicants state that they control
Ferrovia, L.L.C. (Ferrovia), also a
noncarrier and a limited liability
company, which, until very recently,
owned 50 percent of ADBF. On
November 15, 2013, two minority
shareholders of ADBF were required by
court order to sell their outstanding
shares back to ADBF. As a result,
Ferrovia now owns 58.33 percent of the
outstanding shares of ADBF and
therefore directly controls ADBF and
indirectly controls CHS, DCON, LIRR,
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Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 / Notices
maindgalligan on DSK5TPTVN1PROD with NOTICES
and JAIL. Applicants, in turn, now
indirectly control ADBF, CHS, DCON,
LIRR, and JAIL. Applicants state that
they have not entered into an agreement
rendering them in indirect control of
ADBF and its four carrier subsidiaries.
The transaction is expected to be
consummated on December 26, 2013
(the effective date of the exemption, 30
days after the notice of exemption was
filed).
Petitioners state that: (1) The rail lines
operated by ADBF and its four
subsidiaries do not connect with each
other; 1 (2) this transaction is not part of
a series of anticipated transactions that
would connect the rail lines operated by
ADBF, CHS, DCON, LIRR, and JAIL
with any of their affiliated railroads; and
(3) this transaction does not involve a
Class I rail carrier. Therefore, the
transaction is exempt from the prior
approval acquirements of 49 U.S.C.
11323 pursuant to 49 CFR 1180.2(d)(2).
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. Section 11326(c), however,
does not provide for labor protection for
transactions under 11324 and 11325
that involve only Class III rail carriers.
Accordingly, the Board may not impose
labor protective conditions here because
all of the carriers involved are Class III
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 to stay must be
filed no later than December 19, 2013 (at
least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
35787, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy must be served on Karl
Morell, Ball Janik LLP, 655 Fifteenth
Street, NW., Suite 225, Washington, DC
20005.
Board decisions and notices are
available on our Web site at
‘‘www.stb.dot.gov.’’
Decided: December 9, 2013.
1 ADBF operates a 20-mile rail line between
Adrian and Riga, Mich. CHS operates a 3.5-mile rail
line near Charlotte, Mich. DCON operates a 2.5-mile
rail line in Detroit, Mich. LIRR operates a 1.5-mile
rail line in LaPeer, Mich. JAIL operates a 47-mile
rail line between Jackson and Lansing, Mich.
VerDate Mar<15>2010
16:45 Dec 11, 2013
Jkt 232001
By the Board, Rachel D. Campbell,
Director, Office of Proceedings
Raina S. White,
Clearance Clerk.
[FR Doc. 2013–29691 Filed 12–11–13; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Proposed Collection; Comment
Request
Notice and request for
comments.
ACTION:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork burdens, invites
the general public and other Federal
agencies to comment on a currently
approved information collection that is
due for extension approval by the Office
of Management and Budget. The
Terrorism Risk Insurance Program
Office within the Department of the
Treasury is soliciting comments
concerning the Commercial Property
and Casualty Insurers Submission for
Federal Share Compensation
Requirements set forth in 31 CFR part
50, subpart F (Sec. 50.50–50.54).
DATES: Written comments should be
received on or before February 10, 2014
to be assured of consideration.
ADDRESSES: Submit comments by email
to triacomments@do.treas.gov or by
mail (if hard copy, preferably an original
and two copies) to: Terrorism Risk
Insurance Program, Public Comment
Record, Suite 2100, Department of the
Treasury, 1425 New York Ave. NW.,
Washington, DC 20220. Because paper
mail in the Washington DC area may be
subject to delay, it is recommended that
comments be submitted electronically.
All comments should be captioned with
‘‘PRA Comments—Commercial Property
and Casualty Insurers Submission for
Federal Share Compensation’’. Please
include your name, affiliation, address,
email address and telephone number in
your comment. Comments will be
available for public inspection by
appointment only at the Reading Room
of the Treasury Library. To makes
appointments, call (202) 622–0990 (not
a toll-free number).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to: Terrorism Risk
Insurance Program Office at (202) 622–
6770 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
OMB Number: 1505–0200.
Title: Terrorism Risk Insurance
Program—Commercial Property and
SUMMARY:
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75677
Casualty Insurers Submission for
Federal Share Compensation.
Abstract: Sections 103(a) and 104 of
the Terrorism Risk Insurance Act of
2002 (Pub. L. 107–297) (as extended by
the Terrorism Risk Insurance Extension
Act of 2005 (Pub. L. 109–144) and the
Terrorism Risk Insurance Program
Reauthorization Act of 2007 (Pub. L.
110–160) authorize the Department of
the Treasury to administer and
implement the Terrorism Risk Insurance
Program established by the Act. In 31
CFR part 50, subpart F (Sec. 50.50–
50.54) Treasury established
requirements and procedures for
insurers that file claims for payment of
the Federal share of compensation for
insured losses resulting from a certified
act of Terrorism under the Act.
Type of Review: Extension of a
currently approved data collection.
Affected Public: Business/Financial
Institutions.
Estimated Number of Respondents:
100.
Estimated Average Time per
Respondent: 42 hours.
Estimated Total Annual Burden
Hours: 4200 hours.
Request for Comments.: An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless the
collection of information displays a
valid OMB control number. Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collections; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: December 3, 2013.
Jeffrey S. Bragg,
Director, Terrorism Risk Insurance Program.
[FR Doc. 2013–29675 Filed 12–11–13; 8:45 am]
BILLING CODE P
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Agencies
[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Notices]
[Pages 75676-75677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29691]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35787]
Mark W. Dobronski and Susan K. Dobronski--Acquisition of Control
Exemption--Adrian & Blissfield Rail Road Company, Charlotte Southern
Railroad Company, Detroit Connecting Railroad Company, Lapeer
Industrial Railroad Company and Jackson & Lansing Railroad Company
Mark W. Dobronski and Susan K. Dobronski (Applicants), both
noncarriers, have filed a verified notice of exemption under 49 CFR
1180(d)(2) to indirectly control Adrian & Blissfield Rail Road Company
(ADBF), a Class III railroad, and ADBF's four Class III railroad
subsidiaries: Charlotte Southern Railroad Company (CHS), Detroit
Connecting Railroad Company (DCON), Lapeer Industrial Railroad Company
(LIRR), and Jackson & Lansing Railroad Company (JAIL).
Applicants state that they control Ferrovia, L.L.C. (Ferrovia),
also a noncarrier and a limited liability company, which, until very
recently, owned 50 percent of ADBF. On November 15, 2013, two minority
shareholders of ADBF were required by court order to sell their
outstanding shares back to ADBF. As a result, Ferrovia now owns 58.33
percent of the outstanding shares of ADBF and therefore directly
controls ADBF and indirectly controls CHS, DCON, LIRR,
[[Page 75677]]
and JAIL. Applicants, in turn, now indirectly control ADBF, CHS, DCON,
LIRR, and JAIL. Applicants state that they have not entered into an
agreement rendering them in indirect control of ADBF and its four
carrier subsidiaries.
The transaction is expected to be consummated on December 26, 2013
(the effective date of the exemption, 30 days after the notice of
exemption was filed).
Petitioners state that: (1) The rail lines operated by ADBF and its
four subsidiaries do not connect with each other; \1\ (2) this
transaction is not part of a series of anticipated transactions that
would connect the rail lines operated by ADBF, CHS, DCON, LIRR, and
JAIL with any of their affiliated railroads; and (3) this transaction
does not involve a Class I rail carrier. Therefore, the transaction is
exempt from the prior approval acquirements of 49 U.S.C. 11323 pursuant
to 49 CFR 1180.2(d)(2).
---------------------------------------------------------------------------
\1\ ADBF operates a 20-mile rail line between Adrian and Riga,
Mich. CHS operates a 3.5-mile rail line near Charlotte, Mich. DCON
operates a 2.5-mile rail line in Detroit, Mich. LIRR operates a 1.5-
mile rail line in LaPeer, Mich. JAIL operates a 47-mile rail line
between Jackson and Lansing, Mich.
---------------------------------------------------------------------------
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. Section 11326(c), however, does
not provide for labor protection for transactions under 11324 and 11325
that involve only Class III rail carriers. Accordingly, the Board may
not impose labor protective conditions here because all of the carriers
involved are Class III 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 to stay must be filed no later than December 19,
2013 (at least 7 days before the exemption becomes effective).
An original and 10 copies of all pleadings, referring to Docket No.
FD 35787, must be filed with the Surface Transportation Board, 395 E
Street SW., Washington, DC 20423-0001. In addition, a copy must be
served on Karl Morell, Ball Janik LLP, 655 Fifteenth Street, NW., Suite
225, Washington, DC 20005.
Board decisions and notices are available on our Web site at
``www.stb.dot.gov.''
Decided: December 9, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-29691 Filed 12-11-13; 8:45 am]
BILLING CODE 4915-01-P