Revisions to Arbitration Procedures, 91237-91238 [2016-30249]

Download as PDF Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–BatsEDGX– 2016–71 and should be submitted on or before January 6, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2016–30254 Filed 12–15–16; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. AB 55 (Sub-No. 767X)] mstockstill on DSK3G9T082PROD with NOTICES CSX Transportation, Inc.— Discontinuance of Service Exemption—in Perry County, Ky. CSX Transportation, Inc. (CSXT), filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over an approximately 3.3-mile rail line on CSXT’s Northern Region, Louisville Division, EK Subdivision, between milepost 0WV 242.0 and milepost 0WV 245.3 in Hazard, Perry County, Ky. (the Line). The Line traverses United States Postal Service Zip Codes 41701 and 41722. There is one station on the Line, Sigmon, located at milepost 0VD 245 (FSAC 42845/OPSL 17202).1 CSXT has certified that: (1) No local traffic has moved over the Line for at least two years; (2) because the Line is not a through route, no overhead traffic has operated, and, therefore, none needs to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line is pending either with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the discontinuance of service shall be protected under Oregon Short Line Railroad—Abandonment Portion 10 17 CFR 200.30–3(a)(12). 1 CSXT states that the Sigmon station can be closed. VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) to subsidize continued rail service has been received, this exemption will be effective on January 17, 2017, unless stayed pending reconsideration.2 Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued rail service under 49 CFR 1152.27(c)(2) 3 must be filed by December 23, 2016.4 Petitions to reopen must be filed by January 5, 2017, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to CSXT’s representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, LLC, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at ‘‘WWW.STB.GOV.’’ Decided: December 13, 2016. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–30275 Filed 12–15–16; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. EP 730 (Sub-No. 1)] Revisions to Arbitration Procedures By decision served on September 30, 2016, as corrected on October 11, 2016, the Board adopted rules to modify its arbitration procedures so that its regulations, set forth at 49 CFR 1108 and 1115.8, conform to the requirements of the Surface Transportation 2 Although CSXT states in its verified notice that the proposed consummation date of this transaction is January 16, 2017, this transaction cannot be consummated until January 17, 2017 (50 days from its filing date). 49 CFR 1152.50(d)(2). 3 Each OFA must be accompanied by the filing fee, which is currently set at $1,700. See 49 CFR 1002.2(f)(25). 4 Because this is a discontinue proceeding and not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. Because there will be an environmental review during abandonment, this discontinuance does not require an environmental review. PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 91237 Reauthorization Act of 2015, Public Law 114–110 (2015). Under Section 13 of that Act (codified at 49 U.S.C. 11708), the Board must ‘‘promulgate regulations to establish a voluntary and binding arbitration process to resolve rail rate and practice complaints’’ that are subject to the Board’s jurisdiction. Section 11708(f) provides that, unless parties otherwise agree, an arbitrator or panel of arbitrators shall be selected from a roster maintained by the Board. Accordingly, the Board’s rules establish a process for creating and maintaining a roster of arbitrators. See Revisions to Arbitration Procedures, EP 730, slip op. at 3–4 (STB served Oct. 11, 2016). To establish the initial roster of arbitrators, the Board now seeks applications from all interested persons who wish to be included on the roster. Each applicant should describe his or her experience with rail transportation and economic regulation, as well as professional or business experience, including agriculture, in the private sector. Further, each applicant should describe his or her training in dispute resolution and/or experience in arbitration or other forms of dispute resolution, including the number of years of experience. Lastly, the applicant should provide his or her contact information and fees. Applications should be submitted by January 17, 2017.1 The Board will assess each applicant’s qualifications to determine which individuals can ably serve as arbitrators based on the criteria established under 49 CFR 1108.6(b). The Board will then establish the initial roster of arbitrators by no-objection vote. The Board’s roster will include a brief biographical sketch of each arbitrator, including information such as background, area(s) of expertise, arbitration experience, and geographical location, as well as contact information and fees, based on the information supplied by the arbitrator. The roster will be published on the Board’s Web site, pursuant to 49 CFR 1108.6(b). The roster will be updated every year and may be modified by the Board at any time through a no-objection vote. It is ordered: 1. Applications to be included on the Board’s roster of arbitrators are due by January 17, 2017. 2. This decision is effective on the day of service. 1 Persons who have informally indicated an interest in being included on the arbitrator roster (e.g., correspondence to Board members) should submit an application pursuant to this decision. E:\FR\FM\16DEN1.SGM 16DEN1 91238 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. Contee, Clearance Clerk. [FR Doc. 2016–30249 Filed 12–15–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Release From Quitclaim Deed and Grant Assurance Obligations at Reno Stead Airport, Reno, Washoe County, Nevada Federal Aviation Administration, DOT. ACTION: Notice of a land release. AGENCY: The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the application for a land release of approximately 0.58 acres of airport property and associated 15-foot-wide access easement owned by Reno Stead Airport, Reno, Washoe County, Nevada from the airport use provisions of the Grant Agreement Assurances since the land is not needed for airport purposes. The subject property is located approximately 0.5 miles from the Reno Stead Airport and has no identified airport-related purpose. The airport will be compensated for the fair market value of the released property. Reuse of the property will not interfere with the airport or its operation, thereby protecting the interests of civil aviation. DATES: Comments must be received on or before January 17, 2017. FOR FURTHER INFORMATION CONTACT: Comments on the request may be mailed or delivered to the FAA at the following address: Mike N. Williams, Manager, Airports District Office, Federal Register Comment, Federal Aviation Administration, Phoenix Airports District Office, 3800 N. Central Avenue, Suite 1025, Phoenix, Arizona 85012. In addition, one copy of the comment submitted to the FAA must be mailed or delivered to Ms. Lissa Butterfield, Senior Airport Planner, Reno-Tahoe Airport Authority, P.O. Box 12490, Reno, NV 89510. SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21), Public Law 106–181 (Apr. 5, 2000; 114 Stat. 61), this notice must be published in the Federal Register 30 days before the DOT Secretary may waive any condition imposed on a federally obligated airport by surplus property conveyance deeds or grant agreements. mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 The following is a brief overview of the request: The Reno-Tahoe Airport Authority (RTAA) requested a release from the provisions of the Grant Agreement Assurances to permit the disposal of approximately 0.58 acres of land near Reno Stead Airport, Reno, Washoe County, Nevada to permit Artisan Communities to incorporate the 0.58acre property into their approximately 47-acre community development. The property is located in an area zoned residential and the release will eliminate RTAA’s future liability for the property since the property cannot be redeveloped for a commercial or airport purpose. The airport will be compensated for the fair market value of the released property. The RTAA supports disposal of the parcel, which has no identified airport-related purpose or future use, especially since it is 0.5 miles from the airport. Reuse of the property will not interfere with the airport or its operation, thereby protecting the interests of civil aviation. Based on the benefits of fair compensation in exchange for the land, the interests of civil aviation will be properly served. Issued in Hawthorne, California, on December 8, 2016. Brian Q. Armstrong, Manager, Safety and Standards Branch, Airports Division, Western-Pacific Region. [FR Doc. 2016–30210 Filed 12–15–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0175] Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials of exemption applications. AGENCY: FMCSA announces its decision to deny applications from 11 individuals seeking exemptions from the Federal cardiovascular standard applicable to interstate truck and bus drivers and discusses the reasons for the denials. The Agency reviewed the medical information of each of the individuals who applied for an implantable cardioverter defibrillator (ICD) exemption. Based on a review of the applications and following an opportunity for public comment, FMCSA has concluded that the 11 SUMMARY: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 individuals in the notice did not demonstrate they could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. DATES: Denial letters were sent to each of the individuals listed in this notice on October 11, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief Medical Programs Division, 202–366–4001, U.S. Department of Transportation, FMCSA, 1200 New Jersey Avenue SE., Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for up to five years if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ FMCSA can renew exemptions for up to an additional five years at the end of each five-year period.1 On August 8, 2016, FMCSA published for public notice and comment, FMCSA 2016–0175, listing 11 individuals seeking exemptions for ICDs. Accordingly, the Agency has evaluated each applicant’s request to determine whether granting an exemption will achieve the required level of safety mandated by statute. Evaluation Criteria—Cardiovascular Medical Standard and Advisory Criteria The individuals included in this notice have requested an exemption from the provisions of 49 CFR 391.41(b)(4), which applies to drivers who operate CMVs in interstate commerce, as defined in 49 CFR 390.5. Section 391.41(b)(4) states that: A person is physically qualified to drive a commercial motor vehicle if— * * * * * that person has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope [a temporary loss of consciousness due to a sudden decline in blood flow to the brain], dyspnea [shortness of breath], collapse, or congestive cardiac failure. 1 49 U.S.C. 31315(b), as amended by section 5206(a) of the FAST Act, Public Law 114–94, div. A, title V, 129 Stat. 1537 (Dec. 4, 2015). E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91237-91238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30249]


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SURFACE TRANSPORTATION BOARD

[Docket No. EP 730 (Sub-No. 1)]


Revisions to Arbitration Procedures

    By decision served on September 30, 2016, as corrected on October 
11, 2016, the Board adopted rules to modify its arbitration procedures 
so that its regulations, set forth at 49 CFR 1108 and 1115.8, conform 
to the requirements of the Surface Transportation Reauthorization Act 
of 2015, Public Law 114-110 (2015). Under Section 13 of that Act 
(codified at 49 U.S.C. 11708), the Board must ``promulgate regulations 
to establish a voluntary and binding arbitration process to resolve 
rail rate and practice complaints'' that are subject to the Board's 
jurisdiction. Section 11708(f) provides that, unless parties otherwise 
agree, an arbitrator or panel of arbitrators shall be selected from a 
roster maintained by the Board. Accordingly, the Board's rules 
establish a process for creating and maintaining a roster of 
arbitrators. See Revisions to Arbitration Procedures, EP 730, slip op. 
at 3-4 (STB served Oct. 11, 2016).
    To establish the initial roster of arbitrators, the Board now seeks 
applications from all interested persons who wish to be included on the 
roster. Each applicant should describe his or her experience with rail 
transportation and economic regulation, as well as professional or 
business experience, including agriculture, in the private sector. 
Further, each applicant should describe his or her training in dispute 
resolution and/or experience in arbitration or other forms of dispute 
resolution, including the number of years of experience. Lastly, the 
applicant should provide his or her contact information and fees.
    Applications should be submitted by January 17, 2017.\1\ The Board 
will assess each applicant's qualifications to determine which 
individuals can ably serve as arbitrators based on the criteria 
established under 49 CFR 1108.6(b). The Board will then establish the 
initial roster of arbitrators by no-objection vote. The Board's roster 
will include a brief biographical sketch of each arbitrator, including 
information such as background, area(s) of expertise, arbitration 
experience, and geographical location, as well as contact information 
and fees, based on the information supplied by the arbitrator. The 
roster will be published on the Board's Web site, pursuant to 49 CFR 
1108.6(b). The roster will be updated every year and may be modified by 
the Board at any time through a no-objection vote.
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    \1\ Persons who have informally indicated an interest in being 
included on the arbitrator roster (e.g., correspondence to Board 
members) should submit an application pursuant to this decision.
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    It is ordered:
    1. Applications to be included on the Board's roster of arbitrators 
are due by January 17, 2017.
    2. This decision is effective on the day of service.


[[Page 91238]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2016-30249 Filed 12-15-16; 8:45 am]
 BILLING CODE 4915-01-P
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