Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices 87123 

1 DCR states in its verified notice that these 

segments include the Oxford Industrial Track 

between mileposts VQ 0 and VQ 0.4, the Cambridge 

Industrial Track between mileposts QT 0.0 and QT 

2.3, the Willards Industrial Track between 

mileposts MW 42.05 and MW 45.7, the Mardella 

Industrial Track between mileposts MW 41.4 and 

MW 42.05, the Mill Street Industrial Track between 

mileposts MR 0.0 and MR 0.6, and the Chrisfield 

Industrial Track between mileposts KK 0.0 and KK 

1.2. DCR notes that the parties do not intend to 

convey common carrier authority over such 

industrial tracks or convert such industrial tracks 

into 49 U.S.C. 10901 lines. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2016–28943 Filed 12–1–16; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36072] 

Carload Express, Inc.—Continuance in 

Control Exemption—Delmarva Central 

Railroad Company 

Carload Express, Inc. (CEI), has filed 

a verified notice of exemption pursuant 

to 49 CFR 1180.2(d)(2) to continue in 

control of Delmarva Central Railroad 

Company (DCR) upon DCR’s becoming 

a Class III rail carrier. CEI is a Class III 

non-operating rail holding company 

currently with subsidiary companies 

operating rail line in Pennsylvania and 

Ohio. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in Delmarva Central 

Railroad—Lease & Operation 

Exemption with Interchange 

Commitment—Norfolk Southern 

Railway, FD 36071, in which DCR has 

filed for authority under 49 CFR 1150.31 

to lease and operate approximately 

161.59 miles of track (the Line) 

currently owned and operated by 

Norfolk Southern Railway Company 

(NSR) consisting of (1) a line of railroad 

extending between Porter, Del., at 

milepost DM 14.4 and Pocomoke, Md., 

at milepost DM 128.19; (2) a line of 

railroad extending between Harrington, 

Del., at milepost IR 0.0 and Frankford, 

Del., at milepost IR 39.0; and (3) various 

industrial tracks.1

The transaction may be consummated 

on or after December 17, 2016, the 

effective date of the exemption. 

CEI currently controls three Class III 

carriers: Allegheny Valley Railroad 

Company and Southwest Pennsylvania 

Railroad Company, which operate in 

Pennsylvania, and Ohio Terminal 

Railway Company, which operates in 

Ohio. 

CEI certifies that (1) the rail lines to 

be operated by DCR do not connect with 

any other railroads in the CEI corporate 

family; (2) the proposed continuance in 

control is not part of a series of 

anticipated transactions that would 

connect the carriers with each other or 

any railroad in their corporate family; 

and (3) the transaction does not involve 

a Class I carrier. Therefore, pursuant to 

49 CFR 1180.2(d)(2), the proposed 

transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under §§ 11324 and 11325 

that involve only Class III rail carriers. 

Accordingly, the Board may not impose 

labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed no later than December 9, 2016 (at 

least seven days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

36072, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on William A. Mullins, 

Baker & Miller, PLLC, 2401 

Pennsylvania Ave. NW., Suite 300, 

Washington, DC 20037. 

Board decisions and notices are 

available on our website at 

WWW.STB.GOV. 

Decided: November 28, 2016. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2016–28949 Filed 12–1–16; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Sixth RTCA SC–235 Non Rechargeable 

Lithium Batteries Plenary 

AGENCY: Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT). 

ACTION: Sixth RTCA SC–235 Non 

Rechargeable Lithium Batteries Plenary. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

Sixth RTCA SC–235 Non Rechargeable 

Lithium Batteries Plenary. 

DATES: The meeting will be held January 

25, 2017 09:00 a.m.–05:00 p.m. 

ADDRESSES: The meeting will be held 

Virtually at https://rtca.webex.com/rtca/ 

j.php?MTID=mbbd6ff9a890bf402c705cc

80485a74f1, Join by phone, 1–877–668– 

4493 Call-in toll-free number (U.S./ 

Canada), 1–650–479–3208 Call-in toll 

number (U.S./Canada), Access code: 636 

752 137. 

FOR FURTHER INFORMATION CONTACT: 

Karan Hofmann at khofmann@rtca.org 

or 202–330–0680, or The RTCA 

Secretariat, 1150 18th Street NW., Suite 

910, Washington, DC, 20036, or by 

telephone at (202) 833–9339, fax at (202) 

833–9434, or Web site at http://

www.rtca.org. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92– 

463, 5 U.S.C., App.), notice is hereby 

given for a meeting of the Sixth RTCA 

SC–235 Non Rechargeable Lithium 

Batteries Plenary. The agenda will 

include the following: 

Wednesday, January 25, 2017—9:00 

a.m.–5:00 p.m. 

1. Welcome and Administrative 

Remarks 

2. Introductions 

3. Agenda Review 

4. Meeting-Minutes Review 

5. Final Review and Comment (FRAC) 

Process Presentation 

6. Final Review of Document 

7. Approve Document for FRAC 

8. Review of Program Schedule 

9. Action Item Review 

10. Any Other Business 

11. Date and Place of Next Meeting 

12. Adjourn 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairman, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 


asabaliauskas on DSK3SPTVN1PROD with NOTICES
87124 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices 

Issued in Washington, DC, on November 

29, 2016. 

Mohannad Dawoud, 

Management & Program Analyst, Partnership 

Contracts Branch, ANG–A17, NextGen, 

Procurement Services Division, 

Federal Aviation Administration. 

[FR Doc. 2016–28992 Filed 12–1–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding FHWA’s finding 

that a Buy America waiver is 

appropriate for the use of non-domestic 

steel components of Airport Transit 

System (ATS) vehicles, ATS guideway 

switches, and ATS rails to be 

incorporated into the Chicago O’Hare 

International Airport Transit System 

Expansion & Modernization Project. 

DATES: The effective date of the waiver 

is December 5, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via email at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. William 

Winne, FHWA Office of the Chief 

Counsel, 202–366–1397, or via email at 

William.Winne@dot.gov. Office 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 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http://

www.archives.gov and the Government 

Printing Office’s database at: http://

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 

FHWA’s finding that a Buy America 

waiver is appropriate for use of nondomestic steel components of ATS 

vehicles, ATS guideway switches, and 

ATS rails to be incorporated into the 

Chicago O’Hare International Airport 

ATS Expansion & Modernization 

Project. 

In accordance with Division K, 

section 122 of the ‘‘Consolidated and 

Further Continuing Appropriations Act, 

2015’’ (Pub. L. 113–235), FHWA 

published a notice of intent to issue a 

waiver on its Web site; http://

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=125 on April 

26th. The FHWA received two 

comments in response to the 

publication. Frank Johnson opposed 

granting a waiver and suggested that all 

products should be made in the United 

States. Brian Abbott of Voestalpine 

Nortrak claimed that Nortrack has the 

capability of manufacturing guideway 

switches domestically. The City of 

Chicago consulted with Nortrak and 

explored the possibility for domestic 

procurement of guideway switches. The 

City of Chicago determined that the 

guideway switches manufactured by 

Voestalpine Nortrak were not 

compatible with Chicago O’Hare Airport 

Transit System ATS. Chicago’s June 

28th response indicates that they 

coordinated with Voestalpine Nortrak 

regarding compatibility issues and 

provided a reasonable explanation of 

why a waiver is appropriate considering 

their project circumstances. Based on all 

the information available to the agency, 

FHWA concludes that there are no 

domestic manufacturers of ATS 

vehicles, ATS guideway switches, and 

ATS rails for the Chicago O’Hare 

International Airport ATS Expansion & 

Modernization Project. 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat. 1572), FHWA is 

providing this notice as its finding that 

a waiver of Buy America requirements 

is appropriate. The FHWA invites 

public comment on this finding for an 

additional 15 days following the 

effective date of the finding. Comments 

may be submitted to FHWA’s Web site 

via the link provided to the waiver page 

noted above. 

Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410. 

Issued on: November 23, 2016. 

Gregory G. Nadeau, 

Administrator, Federal Highway 

Administration. 

[FR Doc. 2016–28975 Filed 12–1–16; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding FHWA’s finding 

that a Buy America waiver is 

appropriate for the use of non-domestic 

galvanized strands consisting of HDPE 

or HDPP sheath filled corrosion 

inhibitor meeting FDOT specification 

938, ASTM and PTI requirements for 

SR–836/I–395 from West of I–95 to 

MacArthur Causeway Bridge in the 

State of Florida. 

DATES: The effective date of the waiver 

is December 5, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via email at 

Gerald.Yakowenko@dot.gov. For legal 

questions, please contact Mr. William 

Winne, FHWA Office of the Chief 

Counsel, (202) 366–1397, or via email at 

William.Winne@dot.gov. Office hours 

for FHWA are from 8:00 a.m. to 4:30 

p.m., E.T., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http://

www.archives.gov and the Government 

Publishing Office’s database at: https:// 

www.gpo.gov/fdsys/. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 


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