American Chemistry Council, The Chlorine Institute, and the Fertilizer Institute-Petition for Declaratory Order-Positive Train Control, 61271-61272 [2015-25806]

Download as PDF 61271 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices TABLE 1—ESTIMATED BURDEN HOURS—Continued Question set N Total .............................................................................. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.95. Nathaniel Beuse, Associate Administrator, Vehicle Safety Research. [FR Doc. 2015–25798 Filed 10–8–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35958] Westmoreland County Industrial Development Corporation— Acquisition of Control Exemption— Turtle Creek Industrial Railroad, Inc. Westmoreland County Industrial Development Corporation (WCIDC), a Class III rail carrier,1 has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire all of the stock of Turtle Creek Industrial Railroad, Inc. (TCIR), also a Class III rail carrier. According to WCIDC, Dura-Bond Corporation (Dura-Bond), a noncarrier, currently controls TCIR. WCIDC and Dura-Bond have entered into a stock purchase agreement 2 dated September 26, 2013, by which WCIDC will acquire all of TCIR’s stock from Dura-Bond. Once that transaction is consummated, WCIDC will control TCIR. WCIDC intends to consummate this transaction on or shortly after October 25, 2015, the effective date of the exemption. WCIDC states that: (i) The rail owned by WCIDC does not connect with the rail line owned by TCIR; (ii) the subject acquisition of control is not part of a series of anticipated transactions that would connect the rail line owned by TCIR with the rail line owned by WCIDC; and (iii) neither WCIDC nor TCIR are Class I carriers. Therefore, the transaction is exempt from the prior H C ........................ ........................ ........................ approval requirements of 49 U.S.C. 11323. See 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 Sections 11324 and 11325 that involve only Class III rail carriers. Because this transaction involves Class III rail carriers only, the Board, under the statute, may not impose labor protective conditions for this transaction. 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 October 16, 2015 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings referring to Docket No. FD 35958, 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 WCIDC’s representative: John N. Ward, Ward & Christner, P.C., 15 N. Main Street, Greensburg, PA 15601. Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV. Decided: October 6, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Tia Delano, Clearance Clerk. [FR Doc. 2015–25783 Filed 10–8–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board tkelley on DSK3SPTVN1PROD with NOTICES 1 WCIDC owns a common carrier line of railroad located between Scottdale and Greensburg, Pa. The lines are operated by Southwest Pennsylvania Railroad Company. See Westmoreland Cty. Indus. Dev. Corp.—Acquis. Exemption—Sw. Pa. R.R., FD 32767 (ICC served Nov. 3, 1995). 2 A redacted version of the agreement was filed with the notice of exemption. An unredacted version was filed concurrently under seal, along with a motion for protective order pursuant to 49 CFR 1104.14(b). That motion will be addressed in a separate decision. VerDate Sep<11>2014 17:44 Oct 08, 2015 Jkt 238001 [Docket No. FD 35964] American Chemistry Council, The Chlorine Institute, and the Fertilizer Institute—Petition for Declaratory Order—Positive Train Control On September 30, 2015, the American Chemistry Council, the Chlorine Institute, and the Fertilizer Institute PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 Cost 21,624.66 Time 278 (collectively Petitioners) filed a petition for an order ‘‘declaring that the common carrier obligation, codified at 49 U.S.C. 11101(a), requires a Class I railroad to transport toxic inhalation hazard (‘TIH’) materials over main lines, as defined at 49 U.S.C. 20157(i)(2), although the Class I railroad has not equipped, or will not equip, such lines with an operable positive train control (‘PTC’) system by the December 31, 2015 deadline specified by 49 U.S.C. 20157(a).’’ (Pet. 1.) According to the petition, some railroads have indicated that they intend to embargo TIH shipments, as early as Thanksgiving 2015, in light of the impending statutory PTC deadline. (Pet. 2, 5–6.) Petitioners request that the Board institute a declaratory order proceeding, consider the September 30 petition to be their opening statement, and promptly issue an expedited procedural schedule. On October 5, 2015, the Association of American Railroads (AAR) filed a petition requesting an alternate expedited procedural schedule and an oral hearing. The Board has discretionary authority under 5 U.S.C. 554(e) and 49 U.S.C. 721 to issue a declaratory order to terminate a controversy or remove uncertainty. The Board will institute a declaratory order proceeding and establish a procedural schedule. The Board will consider the September 30 petition to be Petitioners’ opening statement. Substantive replies to the opening statement will be due on October 23, 2015. Rebuttals will be due on November 2, 2015. The Board will rule on AAR’s request for an oral hearing in a future order. It is ordered: 1. A declaratory order proceeding is instituted. 2. Substantive replies to the September 30 opening statement are due by October 23, 2015. 3. Rebuttals are due by November 2, 2015. 4. Notice of this action will be published in the Federal Register on October 9, 2015. 5. This decision is effective on its service date. Decided: October 6, 2015. E:\FR\FM\09OCN1.SGM 09OCN1 61272 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015–25806 Filed 10–8–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF VETERANS AFFAIRS Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing; Cost-ofConstruction Index Department of Veterans Affairs. Notice. AGENCY: ACTION: The U.S. Department of Veterans Affairs (VA) announces that the aggregate amounts of assistance available under the specially adapted housing (SAH) grant program will increase by 4.688 percent for fiscal year (FY) 2016. FOR FURTHER INFORMATION CONTACT: John Bell III, Assistant Director for Loan Policy and Valuation, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632– 8786 (not a toll-free number). DATES: October 9, 2015. SUPPLEMENTARY INFORMATION: In accordance with 38 U.S.C. 2102(e) and 2102A(b)(2) and 38 CFR 36.4411, the Secretary of Veterans Affairs announces for FY 2016 the aggregate amounts of assistance available to veterans and servicemembers eligible for SAH program grants. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:44 Oct 08, 2015 Jkt 238001 Public Law 110–289, the Housing and Economic Recovery Act of 2008, authorized the Secretary to increase the aggregate amounts of SAH assistance annually based on a residential home cost-of-construction index. The Secretary uses the Turner Building Cost Index for this purpose. In the most recent quarter for which the Turner Building Cost Index is available, quarter two FY 2015, the index showed an increase of 4.688 percent over the index value in quarter two FY 2014. Pursuant to 38 CFR 36.4411(a), therefore, the aggregate amounts of assistance for SAH grants made pursuant to 38 U.S.C. 2101(a) or 2101(b) will increase by 4.688 percent for FY 2016. Public Law 112–154, the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, required that the same percentage of increase apply to grants authorized pursuant to 38 U.S.C. 2102A. See 38 U.S.C. 2102A(b)(2). As such, the maximum amount of assistance available under these grants, which are called grants for temporary residence adaptation (TRA grants), will also increase by 4.688 percent for FY 2016. The increases are effective as of October 1, 2015. Specially Adapted Housing: Aggregate Amounts of Assistance Available During Fiscal Year 2016 2101(a) Grants and TRA Grants Effective October 1, 2015, the aggregate amount of assistance available for SAH grants made pursuant to 38 PO 00000 Frm 00118 Fmt 4703 Sfmt 9990 U.S.C. 2101(a) is $73,768 during FY 2016. The maximum TRA grant made to an individual who satisfies the eligibility criteria under 38 U.S.C. 2101(a) and 2102A is $32,384 during FY 2016. 2101(b) Grants and TRA Grants Effective October 1, 2015, the aggregate amount of assistance available for SAH grants made pursuant to 38 U.S.C. 2101(b) is $14,754 during FY 2016. The maximum TRA grant made to an individual who satisfies the eligibility criteria under 38 U.S.C. 2101(b) and 2102A is $5,782 during FY 2016. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert L. Nabors II, Chief of Staff, approved this document on September 11, 2015, for publication. Dated: October 6, 2015. William F. Russo, Director, Office of Regulation Policy and Management, Office of General Counsel. [FR Doc. 2015–25792 Filed 10–8–15; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61271-61272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25806]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35964]


American Chemistry Council, The Chlorine Institute, and the 
Fertilizer Institute--Petition for Declaratory Order--Positive Train 
Control

    On September 30, 2015, the American Chemistry Council, the Chlorine 
Institute, and the Fertilizer Institute (collectively Petitioners) 
filed a petition for an order ``declaring that the common carrier 
obligation, codified at 49 U.S.C. 11101(a), requires a Class I railroad 
to transport toxic inhalation hazard (`TIH') materials over main lines, 
as defined at 49 U.S.C. 20157(i)(2), although the Class I railroad has 
not equipped, or will not equip, such lines with an operable positive 
train control (`PTC') system by the December 31, 2015 deadline 
specified by 49 U.S.C. 20157(a).'' (Pet. 1.) According to the petition, 
some railroads have indicated that they intend to embargo TIH 
shipments, as early as Thanksgiving 2015, in light of the impending 
statutory PTC deadline. (Pet. 2, 5-6.) Petitioners request that the 
Board institute a declaratory order proceeding, consider the September 
30 petition to be their opening statement, and promptly issue an 
expedited procedural schedule. On October 5, 2015, the Association of 
American Railroads (AAR) filed a petition requesting an alternate 
expedited procedural schedule and an oral hearing.
    The Board has discretionary authority under 5 U.S.C. 554(e) and 49 
U.S.C. 721 to issue a declaratory order to terminate a controversy or 
remove uncertainty. The Board will institute a declaratory order 
proceeding and establish a procedural schedule. The Board will consider 
the September 30 petition to be Petitioners' opening statement. 
Substantive replies to the opening statement will be due on October 23, 
2015. Rebuttals will be due on November 2, 2015. The Board will rule on 
AAR's request for an oral hearing in a future order.
    It is ordered:
    1. A declaratory order proceeding is instituted.
    2. Substantive replies to the September 30 opening statement are 
due by October 23, 2015.
    3. Rebuttals are due by November 2, 2015.
    4. Notice of this action will be published in the Federal Register 
on October 9, 2015.
    5. This decision is effective on its service date.
    Decided: October 6, 2015.

[[Page 61272]]

    By the Board, Rachel D. Campbell, Director, Office of Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-25806 Filed 10-8-15; 8:45 am]
BILLING CODE 4915-01-P