Massachusetts Department of Transportation-Acquisition Exemption-Certain Assets of Pan Am Southern LLC, 52364-52365 [2015-21316]

Download as PDF 52364 Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices Send comments to: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a self- ADDRESSES: Application No. Docket No. addressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Donald Burger, 202–366–4314. SUPPLEMENTARY INFORMATION: Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov. Applicant Regulation(s) affected This notice of receipt of applications for modification of special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Issued in Washington, DC, on August 6, 2015. Donald Burger, Chief, General Approvals and Permits. Nature of special permits thereof MODIFICATION SPECIAL PERMITS 9847–M ......... ............................ FIBA Technologies, Inc. (FIBA), Millbury, MA. 11054–M ....... ............................ 12549–M ....... ............................ 14799–M ....... ............................ Welker Inc., Sugar Land, TX. TRISTAR Engineering Consulting Logistic SA, 78311, Bucharest. Takata Sachsen GmbH, GroBweitzschen. 14833–M ....... ............................ Takata AG Aschaffenburg 14867–M ....... ............................ 15372–M ....... ............................ 15610–M ....... ............................ GTM Manufacturing, LLC, Amarillo, TX. Takata de Mexico, S.A. de C.V., Ciudad Frontera. WavesinSolids LLC, State College, PA. 16302–M ....... ............................ Ametek Inc. Pittsburgh, PA. 16429–M ....... ............................ Construction Helicopters, Inc., Howell, MI. [FR Doc. 2015–20483 Filed 8–27–15; 8:45 am] BILLING CODE 4910–60–M 49 CFR 180.209(a), 180.205(c), (f), (g) and (i), 173.302a, (b), (2), (3), (4) and (5), and 180.213. 49 CFR 178.36 subpart C To modify the special permit to authorize DOT Specification 3AAX–6000 seamless steel cylinders to be requalified by acoustic emission and ultrasonic examinations (AE/UE). 49 CFR 180.209, 180.209(a), 180.205(c)(f)(g)(i), 173.302a, (b), (2), (3), (4), (5), 180.213, 180.519(a), 180.519(b)(c). 49 CFR 171.1 .................. To modify the special permit to authorize non-DOT specification cylinders manufactured under special permits DOT–SP 13230, DOT–SP 13258 and UN cylinders made in accordance with ISO 11120. To modify the special permit to authorize additional hazardous materials. 49 CFR 178.245–1(a) ..... To modify the special permit to an offer special permit and add ‘‘no new construction to this package is authorized’’ and company name change. 49 CFR 173.301(a) and To modify the shipping description for UN3268 and 173.302a. add the description Safety devices, pyrotechnic, Division 1.40, UN0503. 49 CFR 173.301(a), To modify the special permit by removing the re173.302a, 175.3 and striction on cylinder diameters and water capac178.65(f)(2). ities, modify the shipping description for UN3268 and add the description Safety devices, pyrotechnic, Division 1.40, UN0503. 49 CFR 173.302a and To modify the special permit to authorize additional 173.304. hazardous materials. 49 CFR 173.301(a), To modify the special permit to authorize additional 173.302(a), 178.65(f)(2). hazardous materials. 49 CFR 172.101 Hazardous Materials Table Column (9B), subpart C of part 172, 172.301(c), 175.30. To modify the special permit to authorize glass ampules with a 31 ml actual capacity and remove the 30 kg limit when ampules are installed in analyzing equipment. To modify the special permit to remove the provision ‘‘training or qualification of a new crew member will not take place during the execution of this special permit’’. DEPARTMENT OF TRANSPORTATION Surface Transportation Board Lhorne on DSK5TPTVN1PROD with NOTICES [Docket No. FD 35943] Massachusetts Department of Transportation—Acquisition Exemption—Certain Assets of Pan Am Southern LLC The Massachusetts Department of Transportation (MassDOT)1 has filed a 1 Citing Massachusetts Department of Transportation—Acquisition & Operation Exemption—Certain Assets of Housatonic Railroad, VerDate Sep<11>2014 14:19 Aug 27, 2015 Jkt 235001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 verified notice of exemption under 49 CFR 1150.41 to acquire from Pan Am Southern LLC (PAS) certain railroad assets and associated right-of-way, known generally as the Adams Branch, extending from Engineering Station 739+20 in Adams, Mass., to Engineering Station 981+45 in North Adams, Mass. FD 35866 (STB served May 22, 2015), MassDOT describes itself as being ‘‘considered by the Board to be a non-operating passenger rail common carrier by virtue of its possession of as-yet-unexercised interstate passenger rail service rights on an unrelated rail line in western Massachusetts.’’ E:\FR\FM\28AUN1.SGM 28AUN1 Lhorne on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Notices (the Railroad Assets), a distance of approximately 4.6 miles. According to MassDOT, the acquisition of the Railroad Assets will promote continued use (and potential growth) of freight traffic due in part to physical plant improvements that MassDOT is already undertaking, and will facilitate use of the property for railroad passenger excursion operations. MassDOT also states that it will not acquire the right, nor will it have the ability, to provide rail freight common carrier service over the Railroad Assets, and that PAS will retain a permanent, exclusive freight operating easement over the Railroad Assets.2 Under the terms of the governing agreements, MassDOT maintains that it will be entitled to conduct entirely intrastate passenger rail excursion service over the Railroad Assets. MassDOT states that the proposed transaction has been agreed upon pursuant to a June 26, 2015 Purchase and Sale Contract. According to MassDOT, the agreements governing the subject asset sale and posttransaction railroad operations preclude MassDOT from interfering materially with PAS’s provision of railroad common carrier service over the Railroad Assets. MassDOT also states that the proposed transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. MassDOT certifies that it would not conduct freight operations over the Railroad Assets, and therefore, MassDOT’s prospective annual common carrier revenues will not result in the creation of a Class I or Class II carrier. MassDOT also states that the parties intend to consummate the transaction on or about September 28, 2015, subject to a Board decision on the concurrently filed motion to dismiss. The earliest this transaction may be consummated is September 13, 2015 (30 days after the verified notice was filed). 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 September 4 2015 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 2A motion to dismiss the notice of exemption on grounds that the transaction does not require authorization from the Board was concurrently filed with this notice of exemption. The motion to dismiss will be addressed in a subsequent Board decision. VerDate Sep<11>2014 14:19 Aug 27, 2015 Jkt 235001 35943, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606– 2832. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: August 25, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2015–21316 Filed 8–27–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2015–0061] Agency Information Collection Activities: Reinstatement of a Previously Approved Collection of Information Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: The Department of Transportation (DOT) invites public comments on a request to the Office of Management and Budget (OMB) to approve the reinstatement of a previously approved Information Collection Request (OMB Control # 2105–0563) in accordance with the requirements of the Paperwork Reduction Act of 1995 (Pub L. 104–13, 44 U.S.C. 3501 et seq.). The previous approval granted the Department of Transportation authority to collect information involving National Infrastructure Investments or TIGER Discretionary Grants pursuant to Title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010 (the ‘‘FY 2010 Appropriations Act). The Office of the Secretary of Transportation (‘‘OST’’) is referring to these grants as TIGER Discretionary Grants. The original collection of information was necessary in order to receive applications for grant funds pursuant to the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2010 (‘‘FY 2010 Appropriations Act’’), Title I— Department of Transportation, Office of the Secretary, National Infrastructure SUMMARY: PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 52365 Investments, Public Law 111–117, 123 Stat. 3034. The purpose of the TIGER Discretionary Grants program is to advance projects that will have a significant impact on the Nation, Metropolitan area or a region. This request for reinstatement advances the previously approved request of an information collection. The information to be collected will be used to, receive applications for grant funds, to evaluate the effectiveness of projects that have been awarded grant funds and to monitor project financial conditions and project progress in support of the National Infrastructure Investments, referred to by the Department as ‘‘Grants for Transportation Investment Generating Economic Recovery’’, or ‘‘TIGER’’ Discretionary Grants program authorized and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ‘‘Recovery Act’’) (OMB Control Number: 2105–0563) and the grants for National Infrastructure Investments under the FY 2010 Appropriations Act or TIGER Discretionary Grant programs include promoting economic recovery and supporting projects that have a significant impact on the Nation, a metropolitan area, or a region. A 60-day Federal Register notice was published on April 6, 2015 (FR 2015– 07856). Since the publication of the 60day Federal Register notice, no comments were received to the Docket (DOT–OST–2015–0061) and therefore no review of comments was required, so none was performed by the Department. DATES: Written comments should be submitted by September 28, 2015. ADDRESSES: You may submit comments [identified by Docket No. DOT–OST– 2015–0061] to the DOT/OST Desk Officer through one of the following methods: • Email: oira_submissions@ omb.eop.gov. • Fax: 1–202–395–5806—Attention: DOT/OST Desk Officer. • Mail: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503 with the associated OMB Control Number 2105– 0563 and Dockets (DOT–OST–2011– 0019). FOR FURTHER INFORMATION CONTACT: Robert Mariner, U.S. Department of Transportation, Office of the Assistant Secretary for Transportation Policy, at 202–366–8914, or Robert.Mariner@ dot.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Notices]
[Pages 52364-52365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21316]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35943]


Massachusetts Department of Transportation--Acquisition 
Exemption--Certain Assets of Pan Am Southern LLC

    The Massachusetts Department of Transportation (MassDOT)\1\ has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from Pan Am Southern LLC (PAS) certain railroad assets and associated 
right-of-way, known generally as the Adams Branch, extending from 
Engineering Station 739+20 in Adams, Mass., to Engineering Station 
981+45 in North Adams, Mass.

[[Page 52365]]

(the Railroad Assets), a distance of approximately 4.6 miles.
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    \1\ Citing Massachusetts Department of Transportation--
Acquisition & Operation Exemption--Certain Assets of Housatonic 
Railroad, FD 35866 (STB served May 22, 2015), MassDOT describes 
itself as being ``considered by the Board to be a non-operating 
passenger rail common carrier by virtue of its possession of as-yet-
unexercised interstate passenger rail service rights on an unrelated 
rail line in western Massachusetts.''
---------------------------------------------------------------------------

    According to MassDOT, the acquisition of the Railroad Assets will 
promote continued use (and potential growth) of freight traffic due in 
part to physical plant improvements that MassDOT is already 
undertaking, and will facilitate use of the property for railroad 
passenger excursion operations.
    MassDOT also states that it will not acquire the right, nor will it 
have the ability, to provide rail freight common carrier service over 
the Railroad Assets, and that PAS will retain a permanent, exclusive 
freight operating easement over the Railroad Assets.\2\ Under the terms 
of the governing agreements, MassDOT maintains that it will be entitled 
to conduct entirely intrastate passenger rail excursion service over 
the Railroad Assets. MassDOT states that the proposed transaction has 
been agreed upon pursuant to a June 26, 2015 Purchase and Sale 
Contract. According to MassDOT, the agreements governing the subject 
asset sale and post-transaction railroad operations preclude MassDOT 
from interfering materially with PAS's provision of railroad common 
carrier service over the Railroad Assets. MassDOT also states that the 
proposed transaction does not involve any provision or agreement that 
would limit future interchange with a third-party connecting carrier.
---------------------------------------------------------------------------

    \2\ A motion to dismiss the notice of exemption on grounds that 
the transaction does not require authorization from the Board was 
concurrently filed with this notice of exemption. The motion to 
dismiss will be addressed in a subsequent Board decision.
---------------------------------------------------------------------------

    MassDOT certifies that it would not conduct freight operations over 
the Railroad Assets, and therefore, MassDOT's prospective annual common 
carrier revenues will not result in the creation of a Class I or Class 
II carrier.
    MassDOT also states that the parties intend to consummate the 
transaction on or about September 28, 2015, subject to a Board decision 
on the concurrently filed motion to dismiss. The earliest this 
transaction may be consummated is September 13, 2015 (30 days after the 
verified notice was filed).
    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 September 4 
2015 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35943, must be filed with the Surface Transportation Board, 395 
E Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 920, Chicago, IL 60606-2832.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: August 25, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-21316 Filed 8-27-15; 8:45 am]
 BILLING CODE 4915-01-P