Commercial Activities on Interstate Rest Areas, 66324-66325 [2016-23269]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 66324 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices Drilling Pad #1, ABR–201202004.R1, Canton Township, Bradford County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: August 19, 2016. 21. Chief Oil & Gas LLC, Pad ID: Castle A Drilling Pad #1, ABR–201202012.R1, Canton Township, Bradford County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: August 19, 2016. 22. Warren Marcellus, LLC, Pad ID: Macialek 1 Pad, ABR–201201010.R1, Washington Township, Wyoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 19, 2016. 23. Anadarko E&P Onshore, LLC, Pad ID: Lycoming H&FC Pad C, ABR– 201109003.R1, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 23, 2016. 24. Anadarko E&P Onshore, LLC, Pad ID: COP Tract 731 Pad C, ABR– 201109016.R1, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 23, 2016. 25. Anadarko E&P Onshore, LLC, Pad ID: COP Tract 731 Pad D, ABR– 201109017.R1, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 23, 2016. 26. Anadarko E&P Onshore, LLC, Pad ID: COP Tract 731 Pad E, ABR– 201109021.R1, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 23, 2016. 27. Anadarko E&P Onshore, LLC, Pad ID: COP Tract 685 Pad B, ABR– 201109022.R1, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 23, 2016. 28. Anadarko E&P Onshore, LLC, Pad ID: Lycoming H&FC Pad A, ABR– 201109023.R1, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 23, 2016. 29. Anadarko E&P Onshore, LLC, Pad ID: Lycoming H&FC Pad D, ABR– 201109024.R1, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 23, 2016. 30. Cabot Oil & Gas Corporation, Pad ID: HeitzenroderA P1, ABR–201109025.R1, Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.5750 mgd; Approval Date: August 23, 2016. 31. Cabot Oil & Gas Corporation, Pad ID: BurtsL P1, ABR–201109026.R1, Forest Lake Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.5750 mgd; Approval Date: August 23, 2016. 32. Cabot Oil & Gas Corporation, Pad ID: FrystakC P1, ABR–201109027.R1, Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.5750 mgd; Approval Date: August 23, 2016. 33. Chesapeake Appalachia, LLC, Pad ID: Fox, ABR–201201007.R1, Mehoopany Township, Wyoming County, Pa.; VerDate Sep<11>2014 17:08 Sep 26, 2016 Jkt 238001 Consumptive Use of Up to 7.5000 mgd; Approval Date: August 23, 2016. 34. Chesapeake Appalachia, LLC, Pad ID: Ferraro, ABR–201202007.R1, Terry Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 23, 2016. 35. Carrizo (Marcellus), LLC, Pad ID: Karthaus CK–19, ABR–201112012.R1, Covington Township, Clearfield County, Pa.; Consumptive Use of Up to 2.1000 mgd; Approval Date: August 29, 2016. 36. SWN Production Company, LLC, Pad ID: Bernstein Pad, ABR–201107052.R1, Clifford and Lenox Townships, Susquehanna County, Pa.; Consumptive Use of Up to 4.9900 mgd; Approval Date: August 31, 2016. Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808. Dated: September 22, 2016. Stephanie L. Richardson, Secretary to the Commission. [FR Doc. 2016–23248 Filed 9–26–16; 8:45 am] BILLING CODE 7040–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2016–0021] Commercial Activities on Interstate Rest Areas Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice; request for comments. AGENCY: The FHWA is interested in gathering public comments on how certain provisions of the current law surrounding commercial activities in rest areas should be interpreted and applied in consideration of advancements in technology and the interests of the States. DATES: Comments must be received on or before December 27, 2016. ADDRESSES: To ensure that you do not duplicate your docket submissions, please submit them by only one of the following means: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. • Instructions: You must include the agency name and docket number at the SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 beginning of your comments. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: For questions about this notice contact Virgil Pridemore, Office of Real Estate Services, telephone at 202–366–2058, or via email at Virgil.pridemore@dot.gov. For legal questions, please contact Robert Black, FHWA Office of the Chief Counsel, telephone at 202–366–1359, or via email at Robert.black@dot.gov. Business hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may retrieve a copy of the notice through the Federal eRulemaking portal at http://www.regulations.gov. The Web site is available 24 hours each day, 365 days each year. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. An electronic copy of this document may also be downloaded from Office of the Federal Register’s Web site at http://www.archives.gov/ federal_register and the Government Publishing Office’s Web page at http:// www.gpoaccess.gov. Background The FHWA provides financial aid (Federal-aid) to States for the construction, maintenance and operation of highway transportation facilities that are primarily on the National Highway System (NHS). The NHS consists of highways important to the Nation’s economy, defense, and mobility, including the Interstate System. States that receive Federal-aid for their NHS highway facilities or who wish to maintain eligibility to receive it must adhere to applicable Federal statutes and regulations. Section 111, of Title 23, United States Code, and 23 CFR 752.5 prohibit over the counter sales of merchandise in rest areas located on the Interstate. Allowable commercial activity in rest areas on the Interstate System includes: • Installation of commercial advertising and media displays, if such advertising and displays are exhibited solely within any facility constructed in the rest area and are not legible from the main traveled way; • sale of items designed to promote tourism in the State, limited to books, DVDs, and other media; • sale of tickets for events or attractions in the State of a historical or tourism-related nature; E:\FR\FM\27SEN1.SGM 27SEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices • distribution of travel-related information, including maps, travel booklets, and hotel coupon booklets; • installation and operation of lottery machines; and • installation and operation of vending machines which may only dispense such food, drink, and other articles as the State transportation department determines are appropriate and desirable and which are operated in accordance with the RandolphSheppard Act of 1936 found at 20 U.S.C. 107. Recently, several State departments of transportation have raised questions about what constitutes a vending machine and consequently what can or should be allowed in Interstate rest areas. There is currently no definition of vending machine either in the statute at 23 U.S.C. 111 or the regulation at 23 CFR 752.5. The current regulation and law have remained substantially the same and have not defined the term ‘‘vending machine’’ for more than 30 years. At the time of publication of both the statute and final rule, vending machines were generally similar in that they accepted coins or paper currency, were operated by either a push button or a pull lever, and dispensed similar limited products. In the last several years, however, technology has evolved well beyond the types of machines that were available when the law was enacted and the final regulation was published. Vending machines can now accept electronic means of payment and can vend a continually evolving and broad range of products. Additionally, there is now technology that is similar to vending machines, but not in existence at the time the statute was enacted. For example, self-serve kiosks at which the customer scans the goods for sale and then pays by cash or electronic method and which requires no assistance from either the kiosk owner or employee have become readily available. The FHWA is interested in gathering public comments on how certain provisions of the current law should be interpreted and applied in consideration of advancements in technology and the interests of the States. Specifically, FHWA is interested in comments concerning the definition of vending machines. The FHWA is also interested in public input concerning the provision of law that allows the sale of items designed to promote tourism in the State, currently limited to books, DVDs, and other media. Specific questions to guide the input are as follows: VerDate Sep<11>2014 17:08 Sep 26, 2016 Jkt 238001 • Considering advances in technology, what defines a vending machine in today’s world? • What types of ‘‘media’’ should be considered as promoting tourism in the State? • Should local agricultural products be considered media that promotes tourism? • Are there other commercial activities that should be allowed consistent with Federal law? • Is there a need for additional Federal guidance on commercial activities in Interstate rest areas, and if so, what should the guidance address? Authority: 23 U.S.C. 111, 315, and 502(b); 23 CFR 752.5. [FR Doc. 2016–23269 Filed 9–26–16; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2015–0063] Nashville and Eastern Railroad Corporation’s Positive Train Control Development Plan, Revision 2.5, Dated June 22, 2016 Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document provides public notice of the Nashville and Eastern Railroad Corporation’s (NERR) submission to FRA of its Positive Train Control Development Plan (PTCDP) Revision 2.5, dated June 22, 2016, and the availability of NERR’s PTCDP for public comment. NERR requests that FRA approve its PTCDP, which describes NERR’s Argenia Railway Technologies’ Positive Train Control System (SafeNet System) as required under FRA regulations. DATES: FRA must receive comments by October 27, 2016. FRA may consider comments received after that date if practicable. SUMMARY: All communications concerning this proceeding should identify Docket Number FRA–2015– 0063 and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. ADDRESSES: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Dr. Mark Hartong, Senior Scientific Technical Advisor, at (202) 493–1332 or Mark.Hartong@dot.gov; or Mr. David Blackmore, FRA Railroad Safety Program Manager for Applied Technology, at (312) 835–3903 or David.Blackmore@dot.gov. FOR FURTHER INFORMATION CONTACT: In its PTCDP, NERR states the SafeNet System it is implementing is designed as a nonvital overlay PTC system under 49 CFR 236.1015(e)(1). The PTCDP describes NERR’s SafeNet System implementation per 49 CFR 236.1013. During its review of the PTCDP, FRA will consider whether the SafeNet System satisfies the requirements for PTC systems under 49 CFR part 236, subpart I and whether the PTCDP makes a reasonable showing a system built to the stated requirements would achieve the level of safety mandated for such a system under 49 CFR 236.1015, PTC Safety Plan content requirements and PTC System Certification. If so, in addition to approving NERR’s PTCDP, FRA, in its discretion, may issue a Type Approval for the SafeNet System. See 49 CFR 236.1013(b)–(d). NERR’s PTCDP is available for review online at www.regulations.gov (Docket No. FRA–2015–0063, document no. 0004 titled ‘‘Nashville and Eastern Railroad—Withdrawal’’) and in person at DOT’s Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties may comment on the PTCDP by submitting written comments or data. During its review of the PTCDP, FRA will consider any relevant comments or data submitted. However, FRA may elect not to respond to any particular comment and, under 49 CFR 236.1013(b), FRA maintains authority to approve or disapprove the PTCDP at its sole discretion. FRA does not anticipate scheduling a public hearing regarding NERR’s PTCDP because the circumstances do not appear to warrant a hearing. If an interested party desires an opportunity for oral comment, the party must notify FRA in writing before the end of the SUPPLEMENTARY INFORMATION: Issued on: September 19, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. 66325 E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66324-66325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23269]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2016-0021]


Commercial Activities on Interstate Rest Areas

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FHWA is interested in gathering public comments on how 
certain provisions of the current law surrounding commercial activities 
in rest areas should be interpreted and applied in consideration of 
advancements in technology and the interests of the States.

DATES: Comments must be received on or before December 27, 2016.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., e.t., Monday 
through Friday, except Federal holidays. The telephone number is 202-
366-9329.
     Instructions: You must include the agency name and docket 
number at the beginning of your comments. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: For questions about this notice 
contact Virgil Pridemore, Office of Real Estate Services, telephone at 
202-366-2058, or via email at Virgil.pridemore@dot.gov. For legal 
questions, please contact Robert Black, FHWA Office of the Chief 
Counsel, telephone at 202-366-1359, or via email at 
Robert.black@dot.gov. Business hours for the FHWA are from 8:00 a.m. to 
4:30 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may retrieve a copy of the notice through the Federal 
eRulemaking portal at http://www.regulations.gov. The Web site is 
available 24 hours each day, 365 days each year. Electronic submission 
and retrieval help and guidelines are available under the help section 
of the Web site. An electronic copy of this document may also be 
downloaded from Office of the Federal Register's Web site at http://www.archives.gov/federal_register and the Government Publishing 
Office's Web page at http://www.gpoaccess.gov.

Background

    The FHWA provides financial aid (Federal-aid) to States for the 
construction, maintenance and operation of highway transportation 
facilities that are primarily on the National Highway System (NHS). The 
NHS consists of highways important to the Nation's economy, defense, 
and mobility, including the Interstate System.
    States that receive Federal-aid for their NHS highway facilities or 
who wish to maintain eligibility to receive it must adhere to 
applicable Federal statutes and regulations. Section 111, of Title 23, 
United States Code, and 23 CFR 752.5 prohibit over the counter sales of 
merchandise in rest areas located on the Interstate. Allowable 
commercial activity in rest areas on the Interstate System includes:
     Installation of commercial advertising and media displays, 
if such advertising and displays are exhibited solely within any 
facility constructed in the rest area and are not legible from the main 
traveled way;
     sale of items designed to promote tourism in the State, 
limited to books, DVDs, and other media;
     sale of tickets for events or attractions in the State of 
a historical or tourism-related nature;

[[Page 66325]]

     distribution of travel-related information, including 
maps, travel booklets, and hotel coupon booklets;
     installation and operation of lottery machines; and
     installation and operation of vending machines which may 
only dispense such food, drink, and other articles as the State 
transportation department determines are appropriate and desirable and 
which are operated in accordance with the Randolph-Sheppard Act of 1936 
found at 20 U.S.C. 107.
    Recently, several State departments of transportation have raised 
questions about what constitutes a vending machine and consequently 
what can or should be allowed in Interstate rest areas. There is 
currently no definition of vending machine either in the statute at 23 
U.S.C. 111 or the regulation at 23 CFR 752.5. The current regulation 
and law have remained substantially the same and have not defined the 
term ``vending machine'' for more than 30 years. At the time of 
publication of both the statute and final rule, vending machines were 
generally similar in that they accepted coins or paper currency, were 
operated by either a push button or a pull lever, and dispensed similar 
limited products. In the last several years, however, technology has 
evolved well beyond the types of machines that were available when the 
law was enacted and the final regulation was published. Vending 
machines can now accept electronic means of payment and can vend a 
continually evolving and broad range of products. Additionally, there 
is now technology that is similar to vending machines, but not in 
existence at the time the statute was enacted. For example, self-serve 
kiosks at which the customer scans the goods for sale and then pays by 
cash or electronic method and which requires no assistance from either 
the kiosk owner or employee have become readily available.
    The FHWA is interested in gathering public comments on how certain 
provisions of the current law should be interpreted and applied in 
consideration of advancements in technology and the interests of the 
States. Specifically, FHWA is interested in comments concerning the 
definition of vending machines. The FHWA is also interested in public 
input concerning the provision of law that allows the sale of items 
designed to promote tourism in the State, currently limited to books, 
DVDs, and other media.
    Specific questions to guide the input are as follows:
     Considering advances in technology, what defines a vending 
machine in today's world?
     What types of ``media'' should be considered as promoting 
tourism in the State?
     Should local agricultural products be considered media 
that promotes tourism?
     Are there other commercial activities that should be 
allowed consistent with Federal law?
     Is there a need for additional Federal guidance on 
commercial activities in Interstate rest areas, and if so, what should 
the guidance address?

    Authority: 23 U.S.C. 111, 315, and 502(b); 23 CFR 752.5.

    Issued on: September 19, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-23269 Filed 9-26-16; 8:45 am]
 BILLING CODE 4910-22-P