81_FR_53111 81 FR 52957 - Transfer of Federally Assisted Land or Facility

81 FR 52957 - Transfer of Federally Assisted Land or Facility

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range52957-52958
FR Document2016-18951

Section 5334(h) of the Federal Transit Laws, as codified, 49 U.S.C. 5301, et seq., permits the Administrator of the Federal Transit Administration (FTA) to authorize a recipient of FTA funds to transfer land or a facility to a public body for any public purpose with no further obligation to the Federal Government if, among other things, no Federal agency is interested in acquiring the asset for Federal use. Accordingly, FTA is issuing this Notice to advise Federal Agencies that South Bend Public Transportation (``Transpo'') intends to transfer the Leighton Parking Garage property (the ``Facility'') to the City of South Bend, acting by and through its Board of Public Works (the ``City''). The Facility is located at 109 West Jefferson Boulevard, South Bend, Indiana. It is in downtown South Bend on a parcel of property bounded by Michigan Street, Jefferson Boulevard, Main Street, and Wayne Street. The Facility is a parking garage with approximately 215 underground parking spaces and aproximately 429 above-ground parking spaces including all equipment used to control parking.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52957-52958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18951]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Transfer of Federally Assisted Land or Facility

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of intent to transfer Federally assisted land or 
facility.

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SUMMARY: Section 5334(h) of the Federal Transit Laws, as codified, 49 
U.S.C. 5301, et seq., permits the Administrator of the Federal Transit 
Administration (FTA) to authorize a recipient of FTA funds to transfer 
land or a facility to a public body for any public purpose with no 
further obligation to the Federal Government if, among other things, no 
Federal agency is interested in acquiring the asset for Federal use. 
Accordingly, FTA is issuing this Notice to advise Federal Agencies that 
South Bend Public Transportation (``Transpo'') intends to transfer the 
Leighton Parking Garage property (the ``Facility'') to the City of 
South Bend, acting by and through its Board of Public Works (the 
``City''). The Facility is located at 109 West Jefferson Boulevard, 
South Bend, Indiana. It is in downtown South Bend on a parcel of 
property bounded by Michigan Street, Jefferson Boulevard, Main Street, 
and Wayne Street.
    The Facility is a parking garage with approximately 215 underground 
parking spaces and aproximately 429 above-ground parking spaces 
including all equipment used to control parking.

DATES: Effective Date: Any Federal agency interested in acquiring the 
Facility must notify the FTA Region V Office of its interest by 
September 9, 2016.

ADDRESSES: Interested parties should notify the Regional Office by 
writing to Marisol R. Sim[oacute]n, Regional Administrator, Federal 
Transit Administration, 200 West Adams, Suite 320, Chicago, IL 60606.

FOR FURTHER INFORMATION CONTACT: Kathryn Loster, Regional Counsel, at 
312-353-3869.

SUPPLEMENTARY INFORMATION:

Background

    49 U.S.C. Section 5334(h) provides guidance on the transfer of 
assets no longer needed. Specifically, if a recipient of FTA assistance 
decides an asset acquired at least in part with federal assistance is 
no longer needed for the purpose for which it was acquired, the 
Secretary of Transportation may authorize the recipient to transfer the 
asset to a local governmental authority to be used for a public purpose 
with no further obligation to the Government. 49 U.S.C. Section 
5334(h)(l).

Determinations

    The Secretary may authorize a transfer for a public purpose other 
than public transportation only if the Secretary decides:
    (A) The asset will remain in public use for at least 5 years after 
the date the asset is transferred;
    (B) There is no purpose eligible for assistance under this chapter 
for which the asset should be used;
    (C) The overall benefit of allowing the transfer is greater than 
the interest of the

[[Page 52958]]

Government in liquidation and return of the financial interest of the 
Government in the asset, after considering fair market value and other 
factors; and
    (D) Through an appropriate screening or survey process, that there 
is no interest in acquiring the asset for Government use if the asset 
is a facility or land.

Federal Interest in Acquiring Land or Facility

    This document implements the requirements of 49 U.S.C. Section 
5334(h)(l)(D). Accordingly, FTA hereby provides notice of the 
availability of the Facility further described below. Any Federal 
agency interested in acquiring the affected facility should promptly 
notify the FTA.
    If no Federal agency is interested in acquiring the existing 
Facility, FTA will make certain that the other requirements specified 
in 49 U.S.C. Section 5334(h)(1)(A) through (C) are met before 
permitting the asset to be transferred.
    The Facility to be transferred is a parking garage with 
approximately 215 underground and 429 above-ground parking spaces, and 
includes all equipment used in the control of parking. It was built in 
2000. The Facility has six above-ground levels and a basement parking 
level. It is constructed of precast concrete with a brick and concrete 
fa[ccedil]ade. The Facility is situated within a block in downtown 
South Bend and is connected to two multi-story office buildings and a 
public plaza. Approximately 11,000 square feet of retail space is 
located on the ground level of the Facility. However, the multi-story 
office buildings, retail space, and public plaza are not owned by 
Transpo, and are not available for acquisition through this notice. The 
garage facility and connected buildings are commonly known as Leighton 
Plaza.
    If no Federal agency is interested in acquiring the existing 
Facility, FTA will make certain that the other requirements specified 
in 49 U.S.C. Section 5334(h)(1)(A) through (C) are met before 
permitting the asset to be transferred.

Marisol Sim[oacute]n,
Regional Administrator, FTA Region V.
[FR Doc. 2016-18951 Filed 8-9-16; 8:45 am]
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                                                                             Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices                                             52957

                                                  Rail and Conventional Equipment,’’ 65                     All communications concerning these                 public body for any public purpose with
                                                  FR 42529 (July 10, 2000); see also ‘‘Joint              proceedings should identify the                       no further obligation to the Federal
                                                  Statement of Agency Policy Concerning                   appropriate docket number (e.g., Waiver               Government if, among other things, no
                                                  Shared Use of the Tracks of the General                 Petition Docket Number FRA–2007–                      Federal agency is interested in acquiring
                                                  Railroad System by Conventional                         0030) and may be submitted by any of                  the asset for Federal use. Accordingly,
                                                  Railroads and Light Rail Transit                        the following methods:                                FTA is issuing this Notice to advise
                                                  Systems,’’ 65 FR 42626 (July 10, 2000).                   • Web site: http://                                 Federal Agencies that South Bend
                                                     In its present petition, NJ Transit                  www.regulations.gov. Follow the online                Public Transportation (‘‘Transpo’’)
                                                  seeks an extension of the terms and                     instructions for submitting comments.                 intends to transfer the Leighton Parking
                                                  conditions of the 2012 waiver of                          • Fax: 202–493–2251.                                Garage property (the ‘‘Facility’’) to the
                                                  compliance, and respectfully requests                     • Mail: Docket Operations Facility,                 City of South Bend, acting by and
                                                  that FRA incorporates the subsequent                    U.S. Department of Transportation, 1200               through its Board of Public Works (the
                                                  terms and conditions granted in the                     New Jersey Avenue SE., W12–140,                       ‘‘City’’). The Facility is located at 109
                                                  2013 relief so that all waivers are                     Washington, DC 20590.                                 West Jefferson Boulevard, South Bend,
                                                  baselined from this time forward. NJ                      • Hand Delivery: 1200 New Jersey                    Indiana. It is in downtown South Bend
                                                  Transit again seeks relief from the                     Avenue SE., Room W12–140,                             on a parcel of property bounded by
                                                  following: 49 CFR part 219, Control of                  Washington, DC 20590, between 9 a.m.                  Michigan Street, Jefferson Boulevard,
                                                  Alcohol and Drug Use; 49 CFR 221.13(a)                  and 5 p.m., Monday through Friday,                    Main Street, and Wayne Street.
                                                  and 221.14(a) (related to rear end                      except Federal holidays.                                 The Facility is a parking garage with
                                                  marking devices); 49 CFR part 222, Use                    Communications received by                          approximately 215 underground parking
                                                  of Locomotive Horns at Public Highway-                  September 26, 2016 will be considered                 spaces and aproximately 429 above-
                                                  rail Grade Crossings (at locations and                  by FRA before final action is taken.                  ground parking spaces including all
                                                  per the conditions of FRA’s November                    Comments received after that date will                equipment used to control parking.
                                                  9, 2006 decision letter); 49 CFR 223.9(c),              be considered as far as practicable.                  DATES: Effective Date: Any Federal
                                                  (d), and 223.15(c) (related to safety                     Anyone is able to search the                        agency interested in acquiring the
                                                  glazing); 49 CFR 229.125 (related to                    electronic form of any written                        Facility must notify the FTA Region V
                                                  vehicle headlights and auxiliary lights);               communications and comments                           Office of its interest by September 9,
                                                  49 CFR part 231, Railroad Safety                        received into any of our dockets by the               2016.
                                                  Appliance Standards; 49 CFR                             name of the individual submitting the
                                                  234.105(c)(3) (related to grade crossing                comment (or signing the document, if                  ADDRESSES: Interested parties should
                                                  warning system activation failures); 49                 submitted on behalf of an association,                notify the Regional Office by writing to
                                                  CFR 236.23, 236.502, 236.504, 236.507,                  business, labor union, etc.). In                      Marisol R. Simón, Regional
                                                  236.566 (related to railroad signal and                 accordance with 5 U.S.C. 553(c), DOT                  Administrator, Federal Transit
                                                  train control systems); 49 CFR 238.113,                 solicits comments from the public to                  Administration, 200 West Adams, Suite
                                                  238.115(b)(4), 238.203, 238.205(a),                     better inform its processes. DOT posts                320, Chicago, IL 60606.
                                                  238.207, 238.209, 238.211, 238.213,                     these comments, without edit, including               FOR FURTHER INFORMATION CONTACT:
                                                  238.215, 238.217, 238.221(a), 238.223,                  any personal information the                          Kathryn Loster, Regional Counsel, at
                                                  238.231(i), 238.233, 238.235, 238.237,                  commenter provides, to                                312–353–3869.
                                                  and 238.301–238.319 (related to various                 www.regulations.gov, as described in                  SUPPLEMENTARY INFORMATION:
                                                  aspects of FRA’s passenger equipment                    the system of records notice (DOT/ALL–
                                                  safety standards); 49 CFR part 239,                                                                           Background
                                                                                                          14 FDMS), which can be reviewed at
                                                  Passenger Train Emergency                               www.dot.gov/privacy. See also http://                   49 U.S.C. Section 5334(h) provides
                                                  Preparedness; and 49 CFR part 242. NJ                   www.regulations.gov/#!privacyNotice                   guidance on the transfer of assets no
                                                  Transit also seeks FRA’s approval to                    for the privacy notice of regulations.gov.            longer needed. Specifically, if a
                                                  operate at 4 inches underbalance in                                                                           recipient of FTA assistance decides an
                                                  accordance with 49 CFR 213.57.                          Robert C. Lauby,                                      asset acquired at least in part with
                                                     A copy of the petition, as well as any               Associate Administrator for Railroad Safety           federal assistance is no longer needed
                                                  written communications concerning the                   Chief Safety Officer.                                 for the purpose for which it was
                                                  petition, is available for review online at             [FR Doc. 2016–18955 Filed 8–9–16; 8:45 am]            acquired, the Secretary of
                                                  www.regulations.gov and in person at                    BILLING CODE 4910–06–P                                Transportation may authorize the
                                                  the U.S. Department of Transportation’s                                                                       recipient to transfer the asset to a local
                                                  (DOT) Docket Operations Facility, 1200                                                                        governmental authority to be used for a
                                                  New Jersey Avenue SE., W12–140,                         DEPARTMENT OF TRANSPORTATION                          public purpose with no further
                                                  Washington, DC 20590. The Docket                                                                              obligation to the Government. 49 U.S.C.
                                                  Operations Facility is open from 9 a.m.                 Federal Transit Administration
                                                                                                                                                                Section 5334(h)(l).
                                                  to 5 p.m., Monday through Friday,
                                                                                                          Transfer of Federally Assisted Land or                Determinations
                                                  except Federal Holidays.
                                                     Interested parties are invited to                    Facility
                                                                                                                                                                   The Secretary may authorize a
                                                  participate in these proceedings by                     AGENCY:    Federal Transit Administration,            transfer for a public purpose other than
                                                  submitting written views, data, or                      DOT.                                                  public transportation only if the
                                                  comments. FRA does not anticipate                       ACTION: Notice of intent to transfer                  Secretary decides:
                                                  scheduling a public hearing in
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                                                                                                          Federally assisted land or facility.                     (A) The asset will remain in public
                                                  connection with these proceedings since                                                                       use for at least 5 years after the date the
                                                  the facts do not appear to warrant a                    SUMMARY:   Section 5334(h) of the Federal             asset is transferred;
                                                  hearing. If any interested party desires                Transit Laws, as codified, 49 U.S.C.                     (B) There is no purpose eligible for
                                                  an opportunity for oral comment, they                   5301, et seq., permits the Administrator              assistance under this chapter for which
                                                  should notify FRA, in writing, before                   of the Federal Transit Administration                 the asset should be used;
                                                  the end of the comment period and                       (FTA) to authorize a recipient of FTA                    (C) The overall benefit of allowing the
                                                  specify the basis for their request.                    funds to transfer land or a facility to a             transfer is greater than the interest of the


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                                                  52958                        Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices

                                                  Government in liquidation and return of                       public plaza are not owned by Transpo,                        the table below as follows: 1—Motor
                                                  the financial interest of the Government                      and are not available for acquisition                         vehicle, 2—Rail freight, 3—Cargo vessel,
                                                  in the asset, after considering fair                          through this notice. The garage facility                      4—Cargo aircraft only, 5—Passenger-
                                                  market value and other factors; and                           and connected buildings are commonly                          carrying aircraft.
                                                    (D) Through an appropriate screening                        known as Leighton Plaza.                                      DATES: Comments must be received on
                                                  or survey process, that there is no                             If no Federal agency is interested in                       or before September 9, 2016.
                                                  interest in acquiring the asset for                           acquiring the existing Facility, FTA will
                                                                                                                                                                              ADDRESSES: Record Center, Pipeline and
                                                  Government use if the asset is a facility                     make certain that the other requirements
                                                                                                                specified in 49 U.S.C. Section                                Hazardous Materials Safety
                                                  or land.                                                                                                                    Administration U.S. Department of
                                                                                                                5334(h)(1)(A) through (C) are met before
                                                  Federal Interest in Acquiring Land or                         permitting the asset to be transferred.                       Transportation Washington, DC 20590.
                                                  Facility                                                                                                                    Comments should refer to the
                                                                                                                Marisol Simón,                                               application number and be submitted in
                                                     This document implements the                               Regional Administrator, FTA Region V.                         triplicate. If confirmation of receipt of
                                                  requirements of 49 U.S.C. Section                                                                                           comments is desired, include a self-
                                                                                                                [FR Doc. 2016–18951 Filed 8–9–16; 8:45 am]
                                                  5334(h)(l)(D). Accordingly, FTA hereby                                                                                      addressed stamped postcard showing
                                                                                                                BILLING CODE P
                                                  provides notice of the availability of the                                                                                  the special permit number.
                                                  Facility further described below. Any
                                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                  Federal agency interested in acquiring                        DEPARTMENT OF TRANSPORTATION
                                                  the affected facility should promptly                                                                                       Ryan Paquet, Director, Office of
                                                  notify the FTA.                                                                                                             Hazardous Materials Approvals and
                                                                                                                Pipeline and Hazardous Materials                              Permits Division, Pipeline and
                                                     If no Federal agency is interested in                      Safety Administration
                                                  acquiring the existing Facility, FTA will                                                                                   Hazardous Materials Safety
                                                  make certain that the other requirements                      Hazardous Materials: Notice of                                Administration, U.S. Department of
                                                  specified in 49 U.S.C. Section                                Applications for Special Permits                              Transportation, East Building, PHH–30,
                                                  5334(h)(1)(A) through (C) are met before                                                                                    1200 New Jersey Avenue Southeast,
                                                                                                                AGENCY:  Pipeline and Hazardous                               Washington, DC 20590–0001, (202) 366–
                                                  permitting the asset to be transferred.                       Materials Safety Administration                               4535.
                                                     The Facility to be transferred is a                        (PHMSA), DOT.
                                                  parking garage with approximately 215                                                                                       SUPPLEMENTARY INFORMATION: Copies of
                                                                                                                ACTION: List of applications for special                      the applications are available for
                                                  underground and 429 above-ground                              permits.
                                                  parking spaces, and includes all                                                                                            inspection in the Records Center, East
                                                  equipment used in the control of                              SUMMARY:   In accordance with the                             Building, PHH–30, 1200 New Jersey
                                                  parking. It was built in 2000. The                            procedures governing the application                          Avenue Southeast, Washington, DC or at
                                                  Facility has six above-ground levels and                      for, and the processing of, special                           http://regulations.gov.
                                                  a basement parking level. It is                               permits from the Department of                                   This notice of receipt of applications
                                                  constructed of precast concrete with a                        Transportation’s Hazardous Material                           for special permit is published in
                                                  brick and concrete façade. The Facility                      Regulations (49 CFR part 107, subpart                         accordance with Part 107 of the Federal
                                                  is situated within a block in downtown                        B), notice is hereby given that the Office                    hazardous materials transportation law
                                                  South Bend and is connected to two                            of Hazardous Materials Safety has                             (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
                                                  multi-story office buildings and a public                     received the application described                              Issued in Washington, DC, on July 19,
                                                  plaza. Approximately 11,000 square feet                       herein. Each mode of transportation for                       2016.
                                                  of retail space is located on the ground                      which a particular special permit is                          Donald Burger,
                                                  level of the Facility. However, the multi-                    requested is indicated by a number in                         Chief, Office of the Special Permits and
                                                  story office buildings, retail space, and                     the ‘‘Nature of Application’’ portion of                      Approvals.

                                                   Application No.           Docket No.                       Applicant               Regulation(s) affected                     Nature of the special permits thereof

                                                                                                                           SPECIAL PERMITS DATA

                                                  20260–N ............   ...........................   ROGERS HELI-                 173.27(b)(2), 172.101(j),             To authorize the transportation in commerce of
                                                                                                        COPTERS, INC.                 172.200(a), 172.200,                  certain hazardous materials by 14 CFR part 133
                                                                                                                                      172.204(c)(3),                        Rotorcraft External Load Operations transporting
                                                                                                                                      172.400(b),                           hazardous materials attached to or suspended
                                                                                                                                      172.400a(a),                          from an aircraft, in remote areas of the US only,
                                                                                                                                      172.300(a), 172.300,                  without being subject to hazard communication
                                                                                                                                      172.301(c), 175.75(b),                requirements, quantity limitations, and certain
                                                                                                                                      175.75(c),                            loading and stowage requirements. (mode 3).
                                                                                                                                      178.1010(a)(1).
                                                  20262–N ............   ...........................   SHIJIAZHUANG ENRIC           173.302(a), 173.304(a) ..             To authorize the transportation of certain haz-
                                                                                                        GAS EQUIPMENT                                                       ardous materials in non-DOT specification fiber
                                                                                                        CO., LTD.                                                           reinforced composite cylinders. (mode 1).
                                                  20265–N ............   ...........................   HYPERCOMP ENGI-              178.71(l)(ii) .....................   To authorize the manufacture, mark, sale, and use
                                                                                                        NEERING, INC.                                                       of non-DOT specification composite over-
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                                                                                                                                                                            wrapped pressure vessels for the transportation
                                                                                                                                                                            of certain hazardous materials. (modes 1, 2, 3,
                                                                                                                                                                            4).




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Document Created: 2016-08-10 01:59:43
Document Modified: 2016-08-10 01:59:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to transfer Federally assisted land or facility.
ContactKathryn Loster, Regional Counsel, at 312-353-3869.
FR Citation81 FR 52957 

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