81 FR 66324 - Commercial Activities on Interstate Rest Areas
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 187 (September 27, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 187 (September 27, 2016)
| Page Range | 66324-66325 | |
| FR Document | 2016-23269 |
[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)] [Notices] [Pages 66324-66325] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23269] ======================================================================= ----------------------------------------------------------------------- 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
![66324 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices
Drilling Pad #1, ABR–201202004.R1, Consumptive Use of Up to 7.5000 mgd; beginning of your comments. All
Canton Township, Bradford County, Pa.; Approval Date: August 23, 2016. comments received will be posted
Consumptive Use of Up to 2.0000 mgd; 34. Chesapeake Appalachia, LLC, Pad ID: without change to http://
Approval Date: August 19, 2016. Ferraro, ABR–201202007.R1, Terry
www.regulations.gov, including any
21. Chief Oil & Gas LLC, Pad ID: Castle A Township, Bradford County, Pa.;
Drilling Pad #1, ABR–201202012.R1, Consumptive Use of Up to 7.5000 mgd; personal information provided.
Canton Township, Bradford County, Pa.; Approval Date: August 23, 2016. FOR FURTHER INFORMATION CONTACT: For
Consumptive Use of Up to 2.0000 mgd; 35. Carrizo (Marcellus), LLC, Pad ID: questions about this notice contact
Approval Date: August 19, 2016. Karthaus CK–19, ABR–201112012.R1, Virgil Pridemore, Office of Real Estate
22. Warren Marcellus, LLC, Pad ID: Macialek Covington Township, Clearfield County, Services, telephone at 202–366–2058, or
1 Pad, ABR–201201010.R1, Washington Pa.; Consumptive Use of Up to 2.1000 via email at Virgil.pridemore@dot.gov.
Township, Wyoming County, Pa.; mgd; Approval Date: August 29, 2016. For legal questions, please contact
Consumptive Use of Up to 5.0000 mgd; 36. SWN Production Company, LLC, Pad ID:
Approval Date: August 19, 2016. Bernstein Pad, ABR–201107052.R1,
Robert Black, FHWA Office of the Chief
23. Anadarko E&P Onshore, LLC, Pad ID: Clifford and Lenox Townships, Counsel, telephone at 202–366–1359, or
Lycoming H&FC Pad C, ABR– Susquehanna County, Pa.; Consumptive via email at Robert.black@dot.gov.
201109003.R1, Cogan House Township, Use of Up to 4.9900 mgd; Approval Date: Business hours for the FHWA are from
Lycoming County, Pa.; Consumptive Use August 31, 2016. 8:00 a.m. to 4:30 p.m., e.t., Monday
of Up to 4.0000 mgd; Approval Date: Authority: Pub. L. 91–575, 84 Stat. 1509 through Friday, except Federal holidays.
August 23, 2016. et seq., 18 CFR parts 806, 807, and 808. SUPPLEMENTARY INFORMATION:
24. Anadarko E&P Onshore, LLC, Pad ID:
COP Tract 731 Pad C, ABR– Dated: September 22, 2016. Electronic Access
201109016.R1, Cummings Township, Stephanie L. Richardson, You may retrieve a copy of the notice
Lycoming County, Pa.; Consumptive Use Secretary to the Commission.
of Up to 4.0000 mgd; Approval Date:
through the Federal eRulemaking portal
August 23, 2016.
[FR Doc. 2016–23248 Filed 9–26–16; 8:45 am] at http://www.regulations.gov. The Web
25. Anadarko E&P Onshore, LLC, Pad ID: BILLING CODE 7040–01–P site is available 24 hours each day, 365
COP Tract 731 Pad D, ABR– days each year. Electronic submission
201109017.R1, Cummings Township, and retrieval help and guidelines are
Lycoming County, Pa.; Consumptive Use DEPARTMENT OF TRANSPORTATION available under the help section of the
of Up to 4.0000 mgd; Approval Date: Web site. An electronic copy of this
August 23, 2016. Federal Highway Administration document may also be downloaded
26. Anadarko E&P Onshore, LLC, Pad ID: from Office of the Federal Register’s
COP Tract 731 Pad E, ABR– [Docket No. FHWA–2016–0021]
Web site at http://www.archives.gov/
201109021.R1, Cummings Township,
Lycoming County, Pa.; Consumptive Use Commercial Activities on Interstate federal_register and the Government
of Up to 4.0000 mgd; Approval Date: Rest Areas Publishing Office’s Web page at http://
August 23, 2016. www.gpoaccess.gov.
27. Anadarko E&P Onshore, LLC, Pad ID: AGENCY: Federal Highway
Administration (FHWA), Department of Background
COP Tract 685 Pad B, ABR–
201109022.R1, Cummings Township, Transportation (DOT). The FHWA provides financial aid
Lycoming County, Pa.; Consumptive Use ACTION: Notice; request for comments. (Federal-aid) to States for the
of Up to 4.0000 mgd; Approval Date: construction, maintenance and
August 23, 2016. SUMMARY: The FHWA is interested in operation of highway transportation
28. Anadarko E&P Onshore, LLC, Pad ID: gathering public comments on how facilities that are primarily on the
Lycoming H&FC Pad A, ABR– certain provisions of the current law National Highway System (NHS). The
201109023.R1, Cogan House Township, surrounding commercial activities in NHS consists of highways important to
Lycoming County, Pa.; Consumptive Use rest areas should be interpreted and
of Up to 4.0000 mgd; Approval Date: the Nation’s economy, defense, and
applied in consideration of mobility, including the Interstate
August 23, 2016.
29. Anadarko E&P Onshore, LLC, Pad ID:
advancements in technology and the System.
Lycoming H&FC Pad D, ABR– interests of the States. States that receive Federal-aid for
201109024.R1, Cogan House Township, DATES: Comments must be received on their NHS highway facilities or who
Lycoming County, Pa.; Consumptive Use or before December 27, 2016. wish to maintain eligibility to receive it
of Up to 4.0000 mgd; Approval Date: ADDRESSES: To ensure that you do not must adhere to applicable Federal
August 23, 2016. duplicate your docket submissions, statutes and regulations. Section 111, of
30. Cabot Oil & Gas Corporation, Pad ID: Title 23, United States Code, and 23
please submit them by only one of the
HeitzenroderA P1, ABR–201109025.R1,
following means: CFR 752.5 prohibit over the counter
Springville Township, Susquehanna
County, Pa.; Consumptive Use of Up to • Federal eRulemaking Portal: Go to sales of merchandise in rest areas
3.5750 mgd; Approval Date: August 23, http://www.regulations.gov and follow located on the Interstate. Allowable
2016. the online instructions for submitting commercial activity in rest areas on the
31. Cabot Oil & Gas Corporation, Pad ID: comments. Interstate System includes:
BurtsL P1, ABR–201109026.R1, Forest • Mail: Docket Management Facility, • Installation of commercial
Lake Township, Susquehanna County, U.S. Department of Transportation, 1200 advertising and media displays, if such
Pa.; Consumptive Use of Up to 3.5750 New Jersey Avenue SE., W12–140, advertising and displays are exhibited
mgd; Approval Date: August 23, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Washington, DC 20590. solely within any facility constructed in
32. Cabot Oil & Gas Corporation, Pad ID: • Hand Delivery: West Building the rest area and are not legible from the
FrystakC P1, ABR–201109027.R1, Ground Floor, Room W12–140, 1200
Bridgewater Township, Susquehanna
main traveled way;
County, Pa.; Consumptive Use of Up to
New Jersey Avenue SE., between 9 a.m. • sale of items designed to promote
3.5750 mgd; Approval Date: August 23, and 5 p.m., e.t., Monday through Friday, tourism in the State, limited to books,
2016. except Federal holidays. The telephone DVDs, and other media;
33. Chesapeake Appalachia, LLC, Pad ID: number is 202–366–9329. • sale of tickets for events or
Fox, ABR–201201007.R1, Mehoopany • Instructions: You must include the attractions in the State of a historical or
Township, Wyoming County, Pa.; agency name and docket number at the tourism-related nature;
VerDate Sep<11>2014 17:08 Sep 26, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\27SEN1.SGM 27SEN1](https://thefederalregister.org/doc/81_FR_66511/page/1.svg)
![Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices 66325
• distribution of travel-related • Considering advances in • Mail: Docket Operations Facility,
information, including maps, travel technology, what defines a vending U.S. Department of Transportation, 1200
booklets, and hotel coupon booklets; machine in today’s world? New Jersey Avenue SE., W12–140,
• installation and operation of lottery • What types of ‘‘media’’ should be Washington, DC 20590.
machines; and considered as promoting tourism in the • Hand Delivery: 1200 New Jersey
State? Avenue SE., Room W12–140,
• installation and operation of • Should local agricultural products
vending machines which may only Washington, DC 20590, between 9 a.m.
be considered media that promotes and 5 p.m., Monday through Friday,
dispense such food, drink, and other tourism?
articles as the State transportation except Federal Holidays.
• Are there other commercial
department determines are appropriate activities that should be allowed FOR FURTHER INFORMATION CONTACT: Dr.
and desirable and which are operated in consistent with Federal law? Mark Hartong, Senior Scientific
accordance with the Randolph- • Is there a need for additional Technical Advisor, at (202) 493–1332 or
Sheppard Act of 1936 found at 20 U.S.C. Federal guidance on commercial Mark.Hartong@dot.gov; or Mr. David
107. activities in Interstate rest areas, and if Blackmore, FRA Railroad Safety
Recently, several State departments of so, what should the guidance address? Program Manager for Applied
transportation have raised questions Technology, at (312) 835–3903 or
Authority: 23 U.S.C. 111, 315, and 502(b);
about what constitutes a vending 23 CFR 752.5.
David.Blackmore@dot.gov.
machine and consequently what can or SUPPLEMENTARY INFORMATION: In its
Issued on: September 19, 2016.
should be allowed in Interstate rest PTCDP, NERR states the SafeNet System
areas. There is currently no definition of Gregory G. Nadeau,
it is implementing is designed as a non-
vending machine either in the statute at Administrator, Federal Highway
vital overlay PTC system under 49 CFR
23 U.S.C. 111 or the regulation at 23 Administration.
236.1015(e)(1). The PTCDP describes
CFR 752.5. The current regulation and [FR Doc. 2016–23269 Filed 9–26–16; 8:45 am]
NERR’s SafeNet System implementation
law have remained substantially the BILLING CODE 4910–22–P
per 49 CFR 236.1013. During its review
same and have not defined the term of the PTCDP, FRA will consider
‘‘vending machine’’ for more than 30 whether the SafeNet System satisfies the
years. At the time of publication of both DEPARTMENT OF TRANSPORTATION
requirements for PTC systems under 49
the statute and final rule, vending CFR part 236, subpart I and whether the
Federal Railroad Administration
machines were generally similar in that PTCDP makes a reasonable showing a
they accepted coins or paper currency, [Docket No. FRA–2015–0063] system built to the stated requirements
were operated by either a push button would achieve the level of safety
or a pull lever, and dispensed similar Nashville and Eastern Railroad mandated for such a system under 49
limited products. In the last several Corporation’s Positive Train Control CFR 236.1015, PTC Safety Plan content
years, however, technology has evolved Development Plan, Revision 2.5, Dated requirements and PTC System
well beyond the types of machines that June 22, 2016 Certification. If so, in addition to
were available when the law was AGENCY: Federal Railroad approving NERR’s PTCDP, FRA, in its
enacted and the final regulation was Administration (FRA), U.S. Department discretion, may issue a Type Approval
published. Vending machines can now of Transportation (DOT). for the SafeNet System. See 49 CFR
accept electronic means of payment and ACTION: Notice of availability and 236.1013(b)–(d).
can vend a continually evolving and request for comments. NERR’s PTCDP is available for review
broad range of products. Additionally, online at www.regulations.gov (Docket
there is now technology that is similar SUMMARY: This document provides No. FRA–2015–0063, document no.
to vending machines, but not in public notice of the Nashville and 0004 titled ‘‘Nashville and Eastern
existence at the time the statute was Eastern Railroad Corporation’s (NERR) Railroad—Withdrawal’’) and in person
enacted. For example, self-serve kiosks submission to FRA of its Positive Train at DOT’s Docket Operations Facility,
at which the customer scans the goods Control Development Plan (PTCDP) 1200 New Jersey Avenue SE., W12–140,
for sale and then pays by cash or Revision 2.5, dated June 22, 2016, and Washington, DC 20590. The Docket
electronic method and which requires the availability of NERR’s PTCDP for Operations Facility is open from 9 a.m.
no assistance from either the kiosk public comment. NERR requests that to 5 p.m., Monday through Friday,
owner or employee have become readily FRA approve its PTCDP, which except Federal Holidays.
available. describes NERR’s Argenia Railway Interested parties may comment on
The FHWA is interested in gathering Technologies’ Positive Train Control the PTCDP by submitting written
public comments on how certain System (SafeNet System) as required comments or data. During its review of
provisions of the current law should be under FRA regulations. the PTCDP, FRA will consider any
interpreted and applied in consideration DATES: FRA must receive comments by relevant comments or data submitted.
of advancements in technology and the October 27, 2016. FRA may consider However, FRA may elect not to respond
interests of the States. Specifically, comments received after that date if to any particular comment and, under
FHWA is interested in comments practicable. 49 CFR 236.1013(b), FRA maintains
concerning the definition of vending authority to approve or disapprove the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ADDRESSES: All communications
machines. The FHWA is also interested concerning this proceeding should PTCDP at its sole discretion. FRA does
in public input concerning the identify Docket Number FRA–2015– not anticipate scheduling a public
provision of law that allows the sale of 0063 and may be submitted by any of hearing regarding NERR’s PTCDP
items designed to promote tourism in the following methods: because the circumstances do not
the State, currently limited to books, • Web site: http:// appear to warrant a hearing. If an
DVDs, and other media. www.regulations.gov. Follow the online interested party desires an opportunity
Specific questions to guide the input instructions for submitting comments. for oral comment, the party must notify
are as follows: • Fax: 202–493–2251. FRA in writing before the end of the
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Document Created: 2016-09-27 01:19:00
Document Modified: 2016-09-27 01:19:00
| 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 | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received on or before December 27, 2016. | |
| Contact | For questions about this notice contact Virgil Pridemore, Office of Real Estate Services, telephone at 202-366-2058, or via email at [email protected] For legal questions, please contact Robert Black, FHWA Office of the Chief Counsel, telephone at 202-366-1359, or via email at [email protected] Business hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 66324 |
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