Township of Pilesgrove, N.J.-Petition for Declaratory Order, 86408-86409 [2024-25135]

Download as PDF 86408 Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to file number SR–CboeBZX–2024–101. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s internet website (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR–CboeBZX–2024–101 and should be submitted on or before November 20, 2024. BILLING CODE 8011–01–P [Disaster Declaration #20699 and #20700; FLORIDA Disaster Number FL–20012] Presidential Declaration Amendment of a Major Disaster for the State of Florida U.S. Small Business Administration. ACTION: Amendment 4. AGENCY: This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA– 4828–DR), dated September 28, 2024. Incident: Hurricane Helene. DATES: Issued on October 23, 2024. Incident Period: September 23, 2024, and continuing. Physical Loan Application Deadline Date: November 27, 2024. Economic Injury (EIDL) Loan Application Deadline Date: June 30, 2025. SUMMARY: Visit the MySBA Loan Portal at https://lending.sba.gov to apply for a disaster assistance loan. FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for the State of Florida, dated September 28, 2024, is hereby amended to include the following areas as adversely affected by the disaster: Primary Counties (Physical Damage and Economic Injury Loans): DeSoto Contiguous Counties (Economic Injury Loans Only): The contiguous counties to DeSoto were previously declared. All other information in the original declaration remains unchanged. ADDRESSES: 17:59 Oct 29, 2024 Jkt 265001 [Disaster Declaration #20676 and #20677; CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION Disaster Number WA–20012] Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the Confederated Tribes and Bands of the Yakama Nation U.S. Small Business Administration. ACTION: Amendment 1. AGENCY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the Confederated Tribes and Bands of the Yakama Nation (FEMA–4823–DR), dated September 24, 2024. Incident: Wildfires. DATES: Issued on October 21, 2024. Incident Period: June 22, 2024, through July 08, 2024. Physical Loan Application Deadline Date: December 16, 2024. Economic Injury (EIDL) Loan Application Deadline Date: June 24, 2025. ADDRESSES: Visit the MySBA Loan Portal at https://lending.sba.gov to apply for a disaster assistance loan. FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for Private Non-Profit organizations in the Confederated Tribes and Bands of the Yakama Nation, dated September 24, 2024, is hereby amended to extend the deadline for filing applications for physical damage as a result of this disaster to December 16, 2024. All other information in the original declaration remains unchanged. SUMMARY: (Catalog of Federal Domestic Assistance Number 59008) Rafaela Monchek, Deputy Associate Administrator, Office of Disaster Recovery & Resilience. [FR Doc. 2024–25134 Filed 10–29–24; 8:45 am] BILLING CODE 8026–09–P (Catalog of Federal Domestic Assistance Number 59008) Rafaela Monchek, Deputy Associate Administrator, Office of Disaster Recovery & Resilience. [FR Doc. 2024–25133 Filed 10–29–24; 8:45 am] BILLING CODE 8026–09–P 30 17 VerDate Sep<11>2014 SMALL BUSINESS ADMINISTRATION [FR Doc. 2024–25146 Filed 10–29–24; 8:45 am] SMALL BUSINESS ADMINISTRATION • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include file number SR– CboeBZX–2024–101 on the subject line. ddrumheller on DSK120RN23PROD with NOTICES1 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.30 Sherry R. Haywood, Assistant Secretary. PO 00000 CFR 200.30–3(a)(12), (59). Frm 00099 Fmt 4703 Sfmt 4703 SURFACE TRANSPORTATION BOARD [Docket No. FD 36770] Township of Pilesgrove, N.J.—Petition for Declaratory Order By decision issued on September 13, 2024, in response to a petition by E:\FR\FM\30OCN1.SGM 30OCN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 210 / Wednesday, October 30, 2024 / Notices Township of Pilesgrove, N.J. (Pilesgrove), the Board instituted a declaratory order proceeding to determine whether and to what extent 49 U.S.C. 10501(b) preempts certain local and state laws regarding land use and land development by SMS Rail Service, Inc. (SMS). Twp. of Pilesgrove, N.J.—Pet. for Declaratory Ord., FD 36770 (STB served Sept. 13, 2024). The Board also granted a petition to intervene filed by the Township of Mannington, N.J. (Mannington), and directed Pilesgrove, Mannington, and SMS to confer and jointly submit by October 8, 2024, a proposed procedural schedule to govern this proceeding. Id. at 2, 3. The decision also ordered that, if the parties failed to agree on a procedural schedule, each must file its own proposed schedule by that date. Id. Counsel for the parties conferred but were unable to reach agreement on a proposed schedule. Consequently, each party submitted its own proposal. On October 4, SMS proposed the following procedural schedule: (1) opening statements by all parties due by November 29, 2024; (2) comments from other interested persons due by December 30, 2024; and (3) replies by all parties due by January 20, 2024. (SMS Req. 4.) SMS asserts that its proposed schedule will ensure a full and complete factual record. (Id. at 3.) According to SMS, there have been developments on the subject rail line since the townships’ petitions were filed—including state court proceedings—and there is additional information about the line from the last two years related to preemption that should be provided to the Board. (Id. at 3–4.) SMS also asserts the townships have not adequately supported the allegations in their petitions and expresses concern that both townships may seek to introduce untimely evidence or argument on reply if they are not afforded an opportunity to submit opening statements. (Id. at 3–4, 3 n.2 (citing Mannington Pet. 8–9).) On October 7, 2024, Pilesgrove and Mannington each submitted a request for the following proposed schedule: (1) SMS’s reply brief due by November 15, 2024; (2) Pilesgrove’s and Mannington’s rebuttal briefs due by December 20, 2024. (Pilesgrove Req. 1; Mannington Req. 2.) Pilesgrove and Mannington each ask the Board to consider its previously filed petition as its opening statement. (Pilesgrove Req. 1; Mannington Req. 2.) Mannington asserts that the facts have been fully described and explained in the townships’ petitions and contends that SMS should present any additional facts or clarifications before each of the parties VerDate Sep<11>2014 17:59 Oct 29, 2024 Jkt 265001 files its legal analyses. (Mannington Req. 1.) In addition, Pilesgrove argues that the procedural schedule should provide for submissions from Pilesgrove, Mannington, and SMS only. (Pilesgrove Req. 2.) On October 7, 2024, SMS replied to Pilesgrove’s and Mannington’s requests. First, counsel for SMS states that his trial/arbitration schedule cannot accommodate the November 15 deadline proposed by Pilesgrove and Mannington. (SMS Reply 2.) SMS also asserts that Salem County (Salem) should be provided an opportunity to participate, noting that Salem may provide support for SMS’s positions and reiterating its position that other interested persons should have an opportunity to file comments. (Id. at 2, 4.) 1 No party requests discovery and Mannington explicitly states it believes discovery in this case would be unnecessary. (Mannington Req. 2.) The Board typically does not provide for discovery in declaratory order proceedings, see, e.g., Metro Council— Pet. for Declaratory Ord., FD 36178, slip op. at 4 (STB served May 22, 2018), and, as no party has requested it, a discovery period will not be included in the procedural schedule adopted here. However, to ensure that the Board has a sufficient record, Pilesgrove and Mannington will be provided an opportunity to supplement the record with additional evidence and argument before SMS’s reply is due, and submissions by other interested persons will be accepted, as provided below. Based on the forgoing considerations, the following procedural schedule will be adopted: Pilesgrove and Mannington may file supplemental evidence and argument by November 8, 2024; SMS’s reply evidence and argument, and submissions by other interested persons, will be due by December 9, 2024; rebuttal statements by Pilesgrove and Mannington, and SMS’s response to submissions by other interested persons, will be due by January 7, 2025. It is ordered: 1. The following procedural schedule is adopted: • Pilesgrove and Mannington may file supplemental evidence and argument by November 8, 2024; 1 SMS asserts that Mannington’s petition to intervene ‘‘joins’’ Salem County but notes that Salem County is not on the Board’s service list. (Id. at 2.) However, neither Mannington’s petition to intervene nor the Board’s decision granting it includes Salem County, and Salem County has not itself petitioned to intervene. In any event, the procedural schedule adopted here provides an opportunity for other interested persons to participate. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 86409 • SMS’s reply evidence and argument, and submissions by other interested persons, are due by December 9, 2024; and • Rebuttal statements by Pilesgrove and Mannington, and SMS’s response to submissions by other interested persons, are due by January 7, 2025. 2. Notice of this decision will be published in the Federal Register. 3. This decision is effective on its service date. Decided: October 24, 2024. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2024–25135 Filed 10–29–24; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2024–0011] Rockies Express Pipeline, LLC; Pipeline Safety: Request for Special Permit Pipeline and Hazardous Materials Safety Administration (PHMSA); U.S. Department of Transportation (DOT). ACTION: Notice. AGENCY: PHMSA is publishing this notice to solicit public comments on a request for special permit received from Rockies Express Pipeline, LLC (REX). The special permit request is seeking relief from compliance with Federal regulations in one segment of its Class 1 pipeline that exceeds the valve spacing requirement by 924 feet. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to grant or deny the special permit request. DATES: Submit any comments regarding this special permit request by November 29, 2024. ADDRESSES: Comments should reference the docket number for this special permit request and may be submitted in the following ways: • E-Gov Website: https:// www.Regulations.gov. This site allows the public to enter comments on any Federal Register Notice issued by any agency. • Fax: 1–202–493–2251. • Mail: Docket Management System: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, SUMMARY: E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 89, Number 210 (Wednesday, October 30, 2024)]
[Notices]
[Pages 86408-86409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25135]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36770]


Township of Pilesgrove, N.J.--Petition for Declaratory Order

    By decision issued on September 13, 2024, in response to a petition 
by

[[Page 86409]]

Township of Pilesgrove, N.J. (Pilesgrove), the Board instituted a 
declaratory order proceeding to determine whether and to what extent 49 
U.S.C. 10501(b) preempts certain local and state laws regarding land 
use and land development by SMS Rail Service, Inc. (SMS). Twp. of 
Pilesgrove, N.J.--Pet. for Declaratory Ord., FD 36770 (STB served Sept. 
13, 2024). The Board also granted a petition to intervene filed by the 
Township of Mannington, N.J. (Mannington), and directed Pilesgrove, 
Mannington, and SMS to confer and jointly submit by October 8, 2024, a 
proposed procedural schedule to govern this proceeding. Id. at 2, 3. 
The decision also ordered that, if the parties failed to agree on a 
procedural schedule, each must file its own proposed schedule by that 
date. Id.
    Counsel for the parties conferred but were unable to reach 
agreement on a proposed schedule. Consequently, each party submitted 
its own proposal. On October 4, SMS proposed the following procedural 
schedule: (1) opening statements by all parties due by November 29, 
2024; (2) comments from other interested persons due by December 30, 
2024; and (3) replies by all parties due by January 20, 2024. (SMS Req. 
4.) SMS asserts that its proposed schedule will ensure a full and 
complete factual record. (Id. at 3.) According to SMS, there have been 
developments on the subject rail line since the townships' petitions 
were filed--including state court proceedings--and there is additional 
information about the line from the last two years related to 
preemption that should be provided to the Board. (Id. at 3-4.) SMS also 
asserts the townships have not adequately supported the allegations in 
their petitions and expresses concern that both townships may seek to 
introduce untimely evidence or argument on reply if they are not 
afforded an opportunity to submit opening statements. (Id. at 3-4, 3 
n.2 (citing Mannington Pet. 8-9).)
    On October 7, 2024, Pilesgrove and Mannington each submitted a 
request for the following proposed schedule: (1) SMS's reply brief due 
by November 15, 2024; (2) Pilesgrove's and Mannington's rebuttal briefs 
due by December 20, 2024. (Pilesgrove Req. 1; Mannington Req. 2.) 
Pilesgrove and Mannington each ask the Board to consider its previously 
filed petition as its opening statement. (Pilesgrove Req. 1; Mannington 
Req. 2.) Mannington asserts that the facts have been fully described 
and explained in the townships' petitions and contends that SMS should 
present any additional facts or clarifications before each of the 
parties files its legal analyses. (Mannington Req. 1.) In addition, 
Pilesgrove argues that the procedural schedule should provide for 
submissions from Pilesgrove, Mannington, and SMS only. (Pilesgrove Req. 
2.)
    On October 7, 2024, SMS replied to Pilesgrove's and Mannington's 
requests. First, counsel for SMS states that his trial/arbitration 
schedule cannot accommodate the November 15 deadline proposed by 
Pilesgrove and Mannington. (SMS Reply 2.) SMS also asserts that Salem 
County (Salem) should be provided an opportunity to participate, noting 
that Salem may provide support for SMS's positions and reiterating its 
position that other interested persons should have an opportunity to 
file comments. (Id. at 2, 4.) \1\
---------------------------------------------------------------------------

    \1\ SMS asserts that Mannington's petition to intervene 
``joins'' Salem County but notes that Salem County is not on the 
Board's service list. (Id. at 2.) However, neither Mannington's 
petition to intervene nor the Board's decision granting it includes 
Salem County, and Salem County has not itself petitioned to 
intervene. In any event, the procedural schedule adopted here 
provides an opportunity for other interested persons to participate.
---------------------------------------------------------------------------

    No party requests discovery and Mannington explicitly states it 
believes discovery in this case would be unnecessary. (Mannington Req. 
2.) The Board typically does not provide for discovery in declaratory 
order proceedings, see, e.g., Metro Council--Pet. for Declaratory Ord., 
FD 36178, slip op. at 4 (STB served May 22, 2018), and, as no party has 
requested it, a discovery period will not be included in the procedural 
schedule adopted here. However, to ensure that the Board has a 
sufficient record, Pilesgrove and Mannington will be provided an 
opportunity to supplement the record with additional evidence and 
argument before SMS's reply is due, and submissions by other interested 
persons will be accepted, as provided below.
    Based on the forgoing considerations, the following procedural 
schedule will be adopted: Pilesgrove and Mannington may file 
supplemental evidence and argument by November 8, 2024; SMS's reply 
evidence and argument, and submissions by other interested persons, 
will be due by December 9, 2024; rebuttal statements by Pilesgrove and 
Mannington, and SMS's response to submissions by other interested 
persons, will be due by January 7, 2025.
    It is ordered:
    1. The following procedural schedule is adopted:
     Pilesgrove and Mannington may file supplemental evidence 
and argument by November 8, 2024;
     SMS's reply evidence and argument, and submissions by 
other interested persons, are due by December 9, 2024; and
     Rebuttal statements by Pilesgrove and Mannington, and 
SMS's response to submissions by other interested persons, are due by 
January 7, 2025.
    2. Notice of this decision will be published in the Federal 
Register.
    3. This decision is effective on its service date.

    Decided: October 24, 2024.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2024-25135 Filed 10-29-24; 8:45 am]
BILLING CODE 4915-01-P
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