[Federal Register Volume 73, Number 14 (Tuesday, January 22, 2008)]
[Notices]
[Page 3803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1051]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 675]


Consolidated Appropriations Act, 2008--Solid Waste Rail Transfer 
Facilities

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of legislation.

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SUMMARY: This notice advises the public of new legislation affecting 
the Board, the Consolidated Appropriations Act, 2008, Public Law No. 
110-161, 121 Stat. 1844 (2007), and how the Board plans to proceed to 
ensure compliance with that legislation.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 245-0395. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: On December 26, 2007, the Consolidated 
Appropriations Act, 2008, Public Law No. 110-161, 121 Stat. 1844 (2007) 
(Act), was enacted into law, which among other things, provides the 
Board with funding for fiscal year 2008. As pertinent here, section 193 
of the Act provides:
    (a) None of the funds appropriated or otherwise made available 
under this Act to the Surface Transportation Board of the Department of 
Transportation may be used to take any action to allow any activity 
described in subsection (b) in a case, matter, or declaratory order 
involving a railroad, or an entity claiming or seeking authority to 
operate as a railroad, unless the Board receives written assurance from 
the Governor, or the Governor's designee, of the State in which such 
activity will occur that such railroad or entity has agreed to comply 
with State and local regulations that establish public health, safety, 
and environmental standards for the activities described in subsection 
(b), other than zoning laws or regulations.
    (b) Activities referred to in subsection (a) are activities that 
occur at a solid waste rail transfer facility involving--
    (1) the collection, storage, or transfer of solid waste (as defined 
in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)) 
outside of original shipping containers; or
    (2) the separation or processing of solid waste (including baling, 
crushing, compacting, and shredding).
    While the Board will continue to accept and process petitions, 
notices, and other filings in conformance with its regulations, the 
Board will ensure compliance with the Act by providing notice herein 
that no pertinent Board decision issued during the period covered by 
the Act will authorize any of the aforementioned activities prior to 
receipt of the written assurance referenced in the Act from the 
governor (or governor's designee) of the state where such activities 
are proposed. The Board intends to include in all pertinent agency 
decisions issued during that period a statement substantially similar 
to the following:
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
No. 110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
`solid waste' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    Board filings, decisions, and notices are available on its Web 
site, http://www.stb.dot.gov.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-1051 Filed 1-18-08; 8:45 am]
BILLING CODE 4915-01-P