80 FR 61271 - American Chemistry Council, The Chlorine Institute, and the Fertilizer Institute-Petition for Declaratory Order-Positive Train Control

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 196 (October 9, 2015)

Page Range		61271-61272
FR Document		2015-25806

Federal Register, Volume 80 Issue 196 (Friday, October 9, 2015)

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61271-61272]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25806]


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

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

Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices 61271

TABLE 1—ESTIMATED BURDEN HOURS—Continued
Question set N H C Cost Time

Total .............................................................................. ........................ ........................ ........................ 21,624.66 278

Authority: The Paperwork Reduction Act approval requirements of 49 U.S.C. (collectively Petitioners) filed a petition
of 1995; 44 U.S.C. Chapter 35, as amended; 11323. See 49 CFR 1180.2(d)(2). for an order ‘‘declaring that the common
and 49 CFR 1.95. Under 49 U.S.C. 10502(g), the Board carrier obligation, codified at 49 U.S.C.
Nathaniel Beuse, may not use its exemption authority to 11101(a), requires a Class I railroad to
Associate Administrator, Vehicle Safety relieve a rail carrier of its statutory transport toxic inhalation hazard (‘TIH’)
Research. obligation to protect the interests of its materials over main lines, as defined at
[FR Doc. 2015–25798 Filed 10–8–15; 8:45 am] employees. Section 11326(c), however, 49 U.S.C. 20157(i)(2), although the Class
BILLING CODE 4910–59–P
does not provide for labor protection for I railroad has not equipped, or will not
transactions under Sections 11324 and equip, such lines with an operable
11325 that involve only Class III rail positive train control (‘PTC’) system by
DEPARTMENT OF TRANSPORTATION carriers. Because this transaction the December 31, 2015 deadline
involves Class III rail carriers only, the specified by 49 U.S.C. 20157(a).’’ (Pet.
Surface Transportation Board Board, under the statute, may not
1.) According to the petition, some
impose labor protective conditions for
[Docket No. FD 35958] railroads have indicated that they
this transaction.
If the verified notice contains false or intend to embargo TIH shipments, as
Westmoreland County Industrial misleading information, the exemption early as Thanksgiving 2015, in light of
Development Corporation— is void ab initio. Petitions to revoke the the impending statutory PTC deadline.
Acquisition of Control Exemption— exemption under 49 U.S.C. 10502(d) (Pet. 2, 5–6.) Petitioners request that the
Turtle Creek Industrial Railroad, Inc. may be filed at any time. The filing of Board institute a declaratory order
Westmoreland County Industrial a petition to revoke will not proceeding, consider the September 30
Development Corporation (WCIDC), a automatically stay the effectiveness of petition to be their opening statement,
Class III rail carrier,1 has filed a verified the exemption. Petitions to stay must be and promptly issue an expedited
notice of exemption under 49 CFR filed no later than October 16, 2015 (at procedural schedule. On October 5,
1180.2(d)(2) to acquire all of the stock least seven days before the exemption 2015, the Association of American
of Turtle Creek Industrial Railroad, Inc. becomes effective). Railroads (AAR) filed a petition
(TCIR), also a Class III rail carrier. An original and 10 copies of all requesting an alternate expedited
According to WCIDC, Dura-Bond pleadings referring to Docket No. FD procedural schedule and an oral
Corporation (Dura-Bond), a noncarrier, 35958, must be filed with the Surface hearing.
currently controls TCIR. WCIDC and Transportation Board, 395 E Street SW., The Board has discretionary authority
Dura-Bond have entered into a stock Washington, DC 20423–0001. In under 5 U.S.C. 554(e) and 49 U.S.C. 721
purchase agreement 2 dated September addition, a copy of each pleading must to issue a declaratory order to terminate
26, 2013, by which WCIDC will acquire be served on WCIDC’s representative: a controversy or remove uncertainty.
all of TCIR’s stock from Dura-Bond. John N. Ward, Ward & Christner, P.C., The Board will institute a declaratory
Once that transaction is consummated, 15 N. Main Street, Greensburg, PA
order proceeding and establish a
WCIDC will control TCIR. 15601.
procedural schedule. The Board will
WCIDC intends to consummate this Board decisions and notices are
consider the September 30 petition to be
transaction on or shortly after October available on our Web site at
WWW.STB.DOT.GOV. Petitioners’ opening statement.
25, 2015, the effective date of the Substantive replies to the opening
exemption. Decided: October 6, 2015. statement will be due on October 23,
WCIDC states that: (i) The rail owned By the Board, Rachel D. Campbell, 2015. Rebuttals will be due on
by WCIDC does not connect with the Director, Office of Proceedings. November 2, 2015. The Board will rule
rail line owned by TCIR; (ii) the subject Tia Delano, on AAR’s request for an oral hearing in
acquisition of control is not part of a Clearance Clerk. a future order.
series of anticipated transactions that [FR Doc. 2015–25783 Filed 10–8–15; 8:45 am]
would connect the rail line owned by It is ordered:
BILLING CODE 4915–01–P
TCIR with the rail line owned by 1. A declaratory order proceeding is
WCIDC; and (iii) neither WCIDC nor instituted.
TCIR are Class I carriers. Therefore, the DEPARTMENT OF TRANSPORTATION 2. Substantive replies to the
transaction is exempt from the prior
September 30 opening statement are due
Surface Transportation Board by October 23, 2015.
1 WCIDC owns a common carrier line of railroad
located between Scottdale and Greensburg, Pa. The [Docket No. FD 35964] 3. Rebuttals are due by November 2,
lines are operated by Southwest Pennsylvania 2015.
Railroad Company. See Westmoreland Cty. Indus. American Chemistry Council, The
tkelley on DSK3SPTVN1PROD with NOTICES

Dev. Corp.—Acquis. Exemption—Sw. Pa. R.R., FD Chlorine Institute, and the Fertilizer 4. Notice of this action will be
32767 (ICC served Nov. 3, 1995). Institute—Petition for Declaratory published in the Federal Register on
2 A redacted version of the agreement was filed
Order—Positive Train Control October 9, 2015.
with the notice of exemption. An unredacted
version was filed concurrently under seal, along
On September 30, 2015, the American 5. This decision is effective on its
with a motion for protective order pursuant to 49 service date.
CFR 1104.14(b). That motion will be addressed in Chemistry Council, the Chlorine
a separate decision. Institute, and the Fertilizer Institute Decided: October 6, 2015.

VerDate Sep<11>2014 17:44 Oct 08, 2015 Jkt 238001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\09OCN1.SGM 09OCN1

$61272 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Notices By the Board, Rachel D. Campbell, Public Law 110–289, the Housing and U.S.C. 2101(a) is $73,768 during FY Director, Office of Proceedings. Economic Recovery Act of 2008, 2016. The maximum TRA grant made to authorized the Secretary to increase the an individual who satisfies the Jeffrey Herzig, aggregate amounts of SAH assistance eligibility criteria under 38 U.S.C. Clearance Clerk. annually based on a residential home 2101(a) and 2102A is $32,384 during FY [FR Doc. 2015–25806 Filed 10–8–15; 8:45 am] cost-of-construction index. The 2016. BILLING CODE 4915–01–P Secretary uses the Turner Building Cost Index for this purpose. 2101(b) Grants and TRA Grants In the most recent quarter for which DEPARTMENT OF VETERANS the Turner Building Cost Index is Effective October 1, 2015, the AFFAIRS available, quarter two FY 2015, the aggregate amount of assistance available index showed an increase of 4.688 for SAH grants made pursuant to 38 Loan Guaranty: Assistance to Eligible percent over the index value in quarter U.S.C. 2101(b) is $14,754 during FY Individuals in Acquiring Specially two FY 2014. Pursuant to 38 CFR 2016. The maximum TRA grant made to Adapted Housing; Cost-of- 36.4411(a), therefore, the aggregate an individual who satisfies the Construction Index amounts of assistance for SAH grants eligibility criteria under 38 U.S.C. AGENCY: Department of Veterans Affairs. made pursuant to 38 U.S.C. 2101(a) or 2101(b) and 2102A is $5,782 during FY ACTION: Notice. 2101(b) will increase by 4.688 percent 2016. for FY 2016. SUMMARY: The U.S. Department of Public Law 112–154, the Honoring Signing Authority Veterans Affairs (VA) announces that America’s Veterans and Caring for Camp The Secretary of Veterans Affairs, or the aggregate amounts of assistance Lejeune Families Act of 2012, required designee, approved this document and available under the specially adapted that the same percentage of increase authorized the undersigned to sign and housing (SAH) grant program will apply to grants authorized pursuant to submit the document to the Office of the increase by 4.688 percent for fiscal year 38 U.S.C. 2102A. See 38 U.S.C. Federal Register for publication (FY) 2016. 2102A(b)(2). As such, the maximum electronically as an official document of FOR FURTHER INFORMATION CONTACT: John amount of assistance available under the Department of Veterans Affairs. Bell III, Assistant Director for Loan these grants, which are called grants for temporary residence adaptation (TRA Robert L. Nabors II, Chief of Staff, Policy and Valuation, Department of Veterans Affairs, 810 Vermont Avenue grants), will also increase by 4.688 approved this document on September NW., Washington, DC 20420, (202) 632– percent for FY 2016. 11, 2015, for publication. 8786 (not a toll-free number). The increases are effective as of Dated: October 6, 2015. DATES: October 9, 2015. October 1, 2015. William F. Russo, SUPPLEMENTARY INFORMATION: In Specially Adapted Housing: Aggregate Director, Office of Regulation Policy and accordance with 38 U.S.C. 2102(e) and Amounts of Assistance Available Management, Office of General Counsel. 2102A(b)(2) and 38 CFR 36.4411, the During Fiscal Year 2016 [FR Doc. 2015–25792 Filed 10–8–15; 8:45 am] Secretary of Veterans Affairs announces BILLING CODE 8320–01–P for FY 2016 the aggregate amounts of 2101(a) Grants and TRA Grants assistance available to veterans and Effective October 1, 2015, the servicemembers eligible for SAH aggregate amount of assistance available program grants. for SAH grants made pursuant to 38 tkelley on DSK3SPTVN1PROD with NOTICES VerDate Sep<11>2014 17:44 Oct 08, 2015 Jkt 238001 PO 00000 Frm 00118 Fmt 4703 Sfmt 9990 E:\FR\FM\09OCN1.SGM 09OCN1$

Document Created: 2015-12-15 08:34:00
Document Modified: 2015-12-15 08:34:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 61271

80 FR 61271 - American Chemistry Council, The Chlorine Institute, and the Fertilizer Institute-Petition for Declaratory Order-Positive Train Control

DEPARTMENT OF TRANSPORTATIONSurface Transportation Board

Federal Register Volume 80, Issue 196 (October 9, 2015)

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board