[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Rules and Regulations]
[Pages 16538-16547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6420]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
49 CFR Part 1155
[Docket No. EP 684]
Solid Waste Rail Transfer Facilities
AGENCY: Surface Transportation Board, DOT.
ACTION: Interim rule with request for comments.
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SUMMARY: The Clean Railroads Act of 2008 amended the law to restrict
the jurisdiction of the Surface Transportation Board (Board or STB)
over solid waste rail transfer facilities. The Clean Railroads Act also
added three new statutory provisions that address the Board's
regulation of such facilities, which is now limited to issuance of
``land-use-exemption permits'' in certain circumstances. Upon receiving
a land-use-exemption permit issued by the Board, a solid waste rail
transfer facility need not comply with State laws, regulations, orders,
and other requirements affecting the siting of the facility, except to
the extent that the Board requires compliance with any of those
requirements. The Clean Railroads Act provides that a solid waste rail
transfer facility must comply with all applicable Federal and State
requirements respecting the prevention and abatement of pollution, the
protection and restoration of the environment, and the protection of
public health and safety, in the same manner as any similar solid waste
management facility not owned or operated by or on behalf of a rail
carrier, except for laws affecting the siting of the facility that are
covered by the land-use-exemption permit. As required by the Clean
Railroads Act, on January 14, 2009, the Board issued interim rules that
were published in the Federal Register on January 27, 2009 (2009
interim rules). Based on the comments received and further evaluation,
the Board now modifies the review process for land-use-exemption
permits under the Clean Railroads Act and modifies other aspects of the
2009 interim rules, in the interest of clarity and efficiency. The
Board requests comments on the modifications contained in the interim
rules.
DATES: Effective date: March 24, 2011.
Comment date: Comments are due May 23, 2011. Reply comments are due
by June 22, 2011.
ADDRESSES: Comments may be submitted either via the Board's e-filing
format or in the traditional paper format. Any person using e-filing
should attach a document and otherwise comply with the instructions at
the E-FILING link on the Board's Web site, at http://www.stb.dot.gov.
Any person submitting a filing in the traditional paper format should
send an original and 10 copies to: Surface Transportation Board, Attn:
Docket No. EP 684, 395 E Street, SW., Washington, DC 20423-0001.
Copies of written comments will be available for viewing and self-
copying at the Board's Public Docket Room, Room 131, and will be posted
to the Board's Web site.
FOR FURTHER INFORMATION CONTACT: Valerie Quinn at (202) 245-0382.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 10501(a), the Board has
jurisdiction over ``transportation by rail
[[Page 16539]]
carrier.'' Section 10501(b), as modified by the ICC Termination Act of
1995 (ICCTA), Public Law 104-88, 109 Stat. 803 (1995), provides that
both ``the jurisdiction of the Board over transportation by rail
carriers'' (which includes the carriers' rail facilities, see 49 U.S.C.
10102(9)), and the ``remedies provided under [49 U.S.C. 10101-11908]''
are ``exclusive,'' and ``preempt the remedies provided under Federal
and State laws.'' Prior to enactment of the Clean Railroads Act of
2008, Public Law 110-432, 122 Stat. 4848 (Clean Railroads Act or CRA),
on October 16, 2008, the Board's preemptive jurisdiction extended to
solid waste rail transfer facilities owned or operated by rail
carriers. Accordingly, State permitting or preclearance requirements
(including environmental, zoning, and often land-use requirements)
that, by their nature, could be used to deny a railroad the right to
conduct its operations or proceed with transportation activities at
rail transfer facilities, including solid waste rail transfer
facilities, as authorized by the Board, were preempted. See 49 U.S.C.
10501(b); N.Y. Susquehanna & W. Ry. v. Jackson, 500 F.3d 238, 252-55
(3d Cir. 2007); Green Mountain R.R. v. Vermont, 404 F.3d 638, 641-43
(2d Cir. 2005). Other State actions related to these facilities were
preempted if, as applied, they would have the effect of unreasonably
burdening or interfering with transportation by rail carrier. See N.Y.
Susquehanna, 500 F.3d at 252; Green Mountain, 404 F.3d at 643.
The CRA modified the Board's jurisdiction over solid waste rail
transfer facilities. The CRA provides that solid waste rail transfer
facilities, as defined in 49 U.S.C. 10908(e)(1)(H), must now comply
with all applicable Federal and State requirements (including
environmental requirements) that apply to similar solid waste
management facilities that are not owned or operated by or on behalf of
a rail carrier, except as otherwise provided in the Clean Railroads
Act.\1\ The CRA gives the Board the authority, if petitioned, to issue
land-use-exemption permits that preempt State and local laws and
regulations ``affecting the siting'' of such facilities (except to the
extent that the Board requires the facility to comply with such
provisions). 49 U.S.C. 10909(f).\2\
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\1\ The CRA does not affect the Board's jurisdiction, or the
scope of Federal preemption, over a rail carrier's transportation-
related activities involving commodities other than solid waste. 49
U.S.C. 10908(d).
\2\ The decision accompanying the 2009 interim rules contains a
more detailed discussion of the CRA and the Board's initial
implementation of that act.
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The Board received numerous comments on the 2009 interim rules. We
now revise the original rules to streamline the application process
based on suggestions made in the parties' comments and on the Board's
own review of the current interim regulations. We have made several
significant revisions to the process set forth in the 2009 interim
rules in order to streamline and improve the application process for a
land-use-exemption permit. These revisions include: (a) Eliminating the
requirement to identify all laws that affect the siting of a facility;
(b) incorporating the provisions of original \3\ Sec. 1155.23 into
other sections; (c) generally requiring a full Environmental Impact
Statement (EIS) \4\ that includes an analysis of the environmental
factors listed in 49 U.S.C. 10909(d); and (d) providing a post-EIS
comment period that would allow parties to use the information
contained in the EIS to comment on whether the land-use-exemption
permit should be granted and any conditions that could be imposed. The
major revisions to the 2009 interim rules are discussed in Section I of
the Board's complete decision posted on the Board's Web site, http://www.stb.dot.gov.
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\3\ The use of ``original'' is to signify the CFR numbering as
it appeared in the 2009 interim rules where the addition or
subtraction of sections has required these interim rules to have a
different numbering.
\4\ An EIS refers to the detailed written statement required by
the National Environmental Policy Act, 42 U.S.C. 4321-4347 (NEPA),
for a major Federal action significantly affecting the quality of
the human environment. The Board's EIS process is described at 49
CFR 1105.10.
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In Section II of the Board's complete decision, the Board also
addresses other comments received on the 2009 interim rules and
revisions made in response to the comments. Other changes were made
that are not substantive, and were not precipitated by comments. The
Board is inviting interested parties to comment, but we request parties
limit their comments to new issues raised by the revisions.
Good cause exists for the interim rules to become effective while
further notice and comment proceeds. See 5 U.S.C. 553(b)(3)(B). The CRA
mandated that the Board quickly establish rules to provide a process
for facilities to obtain a land-use-exemption permit pending the final
rules. Although the Board sought comment on the original rules, those
rules were codified as interim rules. While we seek further comment on
aspects of the regulations that were not part of the 2009 interim
rules, we believe that all of the revisions should now be implemented
as interim rules. The public would be better served by placing these
refined regulations in effect on an interim basis, rather than leaving
in place the rules issued in 2009, which were drafted without any input
from industry and other interested parties. As discussed below, the
revised interim rules provide the Board with a framework for a more
informed decision-making process if the agency is called upon to decide
whether to issue a land-use-exemption permit before final rules are
issued. The Board will expeditiously move toward issuing final
regulations following the public comment period.
Additional information is contained in the Board's decision to be
served on March 24, 2011. A copy of the Board's decision is available
for inspection or copying at the Board's Public Docket Room, Room 131,
395 E Street, SW., Washington, DC 20423-0001, and is posted on the
Board's Web site, http://www.stb.dot.gov. Copies of the decision may
also be purchased by contacting the Board's Office of Public
Assistance, Governmental Affairs, and Compliance at (202) 245-0236.
Pursuant to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3549,
and Office of Management and Budget (OMB) regulations at 5 CFR
1320.8(d)(3), the Board seeks comments regarding: (1) Whether the
collection of information associated with the land-use-exemption-permit
application in the interim rules at CFR part 1155, and further
described in the Appendix, is necessary for the proper performance of
the functions of the Board, including whether the collection has
practical utility; (2) the accuracy of the Board's burden estimate; (3)
ways to enhance the quality, utility, and clarity of the information
collected; and (4) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology, when
appropriate. Information pertinent to these issues is included in the
Appendix. The collection of information associated with these proposed
interim rules will be submitted to OMB for review as required under 44
U.S.C. 3507(d) and 5 CFR 1320.11.
In accordance with the Regulatory Flexibility Act at 5 U.S.C.
605(b), we certify that the interim rules would not have a significant
economic impact on a substantial number of small entities. The basis
for this determination is as follows. While applicants for land-use-
exemption permits could be small entities, as defined in 13 CFR part
121, under neither the statute nor the interim
[[Page 16540]]
rules could the Board, on its own, require a party to apply for a Board
permit. See 49 U.S.C. 10908(b)(2)(B), 10909(a). In general, that
decision is solely within the control of the entity. The one exception
is that a governor of the State in which an existing facility is
located could petition the Board, under 49 U.S.C. 10908(b)(2)(B) and 49
CFR part 1155 subpart B, to require that facility to obtain a land-use-
exemption permit in order for it to continue to operate. Even in that
circumstance, the authority lies with the State governors--not the
Board--to initiate the Board's processes. In all other scenarios, a
party can avoid being subject to the Board's rules regarding land-use-
exemption permits by complying with State requirements. Therefore, the
interim rules will not circumscribe or mandate the conduct of a
substantial number of small entities.
Moreover, there are no alternatives to the interim rules that would
adequately achieve the objectives of the CRA. The only scenario in
which a small entity might be compelled to avail itself of the new
Board processes (when a State governor has properly petitioned the
Board under 49 CFR part 1155 subpart B) must be included in the rules
because it is specifically required under the CRA. 49 U.S.C.
10908(b)(2)(B). Finally, we have provided a waiver provision that could
mitigate any significant negative impact on small entities--an
applicant may request a waiver of any particular part of the
application procedures. See 49 CFR 1155.22(d)(4) (original 49 CFR
1155.24(d)(2)). A copy of this decision will be served upon the Chief
Counsel for Advocacy, Office of Advocacy, U.S. Small Business
Administration.
This action will not significantly affect either the quality of the
human environment or the conservation of energy resources.
List of Subjects in 49 CFR Part 1155
Administrative practice and procedure, Railroad, Solid waste rail
transfer facility.
Decided: March 14, 2011.
By the Board, Chairman Elliott, Vice Chairman Nottingham, and
Commissioner Mulvey.
Andrea Pope-Matheson,
Clearance Clerk.
0
For the reasons set forth in the preamble, the Surface Transportation
Board revises part 1155 of title 49, chapter X, of the Code of Federal
Regulations to read as follows:
PART 1155--SOLID WASTE RAIL TRANSFER FACILITIES
Subpart A--General
Sec.
1155.1 Purpose and scope.
1155.2 Definitions.
Subpart B--Procedures Governing Petitions To Require a Facility in
Existence on October 16, 2008, To Apply for a Land-Use-Exemption Permit
1155.10 Contents of petition.
1155.11 Filing and service of petition.
1155.12 Participation in petition procedures.
1155.13 Board determination with respect to a Governor's petition.
Subpart C--Procedures Governing Applications for a Land-Use-Exemption
Permit
1155.20 Notice of intent to apply for a land-use-exemption permit.
1155.21 Contents of application.
1155.22 Filings and service of application.
1155.23 Participation in application proceedings.
1155.24 Environmental review.
1155.25 Transfer and termination of the land-use-exemption permit.
1155.26 Board determinations under 49 U.S.C. 10909.
1155.27 Petitions to modify, amend, or revoke a land-use-exemption
permit.
Appendix A to Part 1155--Form Notice Of Intent To Apply
Appendix B to Part 1155--Form Federal Register Notice
Authority: 49 U.S.C. 721(a), 10908, 10909, 10910.
PART 1155--SOLID WASTE RAIL TRANSFER FACILITIES
Subpart A--General
Sec. 1155.1 Purpose and scope.
49 U.S.C. 10501(c)(2)(B) excludes solid waste rail transfer
facilities from the Board's jurisdiction except as provided under 49
U.S.C. 10908 and 10909. Sections 10908 and 10909 provide the Board
authority to issue land-use-exemption permits for solid waste rail
transfer facilities when certain conditions are met. The regulations in
this part concern land-use-exemption permits and the Board's standard
for review.
Sec. 1155.2 Definitions.
(a) Unless otherwise provided in the text of these regulations, the
following definitions apply in this part:
(1) Commercial and retail waste means material discarded by stores,
offices, restaurants, warehouses, nonmanufacturing activities at
industrial facilities, and other similar establishments or facilities.
(2) Construction and demolition debris means waste building
materials, packaging, and rubble resulting from construction,
remodeling, repair, and demolition operations on pavements, houses,
commercial buildings, and other structures.
(3) Environmental Impact Statement or ``EIS'' means the detailed
written statement required by the National Environmental Policy Act, 42
U.S.C. 4332(2)(c), for a major Federal action significantly affecting
the quality of the human environment.
(4) Household waste means material discarded by residential
dwellings, hotels, motels, and other similar permanent or temporary
housing establishments or facilities.
(5) Industrial waste means the solid waste generated by
manufacturing and industrial and research and development processes and
operations, including contaminated soil, nonhazardous oil spill cleanup
waste and dry nonhazardous pesticides and chemical waste, but does not
include hazardous waste regulated under subtitle C of the Solid Waste
Disposal Act (42 U.S.C. 6921 et seq.), mining or oil and gas waste.
(6) Institutional waste means material discarded by schools,
nonmedical waste discarded by hospitals, material discarded by
nonmanufacturing activities at prisons and government facilities, and
material discarded by other similar establishments or facilities.
(7) Municipal solid waste means household waste, commercial and
retail waste, and institutional waste.
(8) Office of Environmental Analysis or ``OEA'' means the Board
staff that prepares the Board's environmental documents and analyses.
(9) Solid waste means construction and demolition debris; municipal
solid waste; household waste; commercial and retail waste;
institutional waste; sludge; industrial waste; and other solid waste,
as determined appropriate by the Board, but not waste generated by a
rail carrier during track, track structure, or right-of-way
construction, maintenance, or repair (including railroad ties and line-
side poles), or waste generated as a result of a railroad accident,
incident, or derailment.
(10) Solid waste rail transfer facility--(i) Means the portion of a
facility owned or operated by or on behalf of a rail carrier (as
defined in 49 U.S.C. 10102) where solid waste, as a commodity to be
transported for a charge, is collected, stored, separated, processed,
treated, managed, disposed of, or transferred, when the activity takes
place outside of original shipping containers; but
(ii) Does not include--
[[Page 16541]]
(A) The portion of a facility to the extent that activities taking
place at such portion are comprised solely of the railroad
transportation of solid waste after the solid waste is loaded for
shipment on or in a rail car, including railroad transportation for the
purpose of interchanging railroad cars containing solid waste
shipments; or
(B) A facility where solid waste is transferred or transloaded
solely from a tank truck directly to a rail tank car.
(11) Sludge means any solid, semi-solid, or liquid waste generated
from a municipal, commercial, or industrial wastewater treatment plant,
water supply treatment plant, or air pollution control facility
exclusive of the treated effluent from a wastewater treatment plant.
(b) Exceptions. Notwithstanding paragraph (a) of this section, the
terms household waste, commercial and retail waste, and institutional
waste do not include yard waste and refuse-derived fuel; used oil; wood
pallets; clean wood; medical or infectious waste; or motor vehicles
(including motor vehicle parts or vehicle fluff).
(c) ``Land-use-exemption permit'' means the authorization issued by
the Board pursuant to the authority of 49 U.S.C. 10909(a) and includes
the term ``siting permit'' in 49 U.S.C. 10909(e).
(d) ``State laws, regulations, orders, or other requirements
affecting the siting of a facility,'' as used in 49 U.S.C. 10909(f) and
49 CFR 1155.27(d), include the requirements of a State or a political
subdivision of a State, including a locality or municipality, affecting
the siting of a facility.
(e) ``State requirements'' as used in 49 U.S.C. 10908 does not
include the laws, regulations, ordinances, orders, or other
requirements of a political subdivision of a State, including a
locality or municipality, unless a State expressly delegates such
authority to such political subdivision.
Subpart B--Procedures Governing Petitions To Require a Facility in
Existence on October 16, 2008, To Apply for a Land-Use-Exemption
Permit
Sec. 1155.10 Contents of petition.
A petition to require a solid waste rail transfer facility in
existence on October 16, 2008, to apply for a land-use-exemption
permit, submitted by the Governor of the State or that Governor's
designee, shall contain the following information:
(a) The Governor's name.
(b) The State's name and the name of any agency filing on behalf of
the Governor.
(c) The full address of the solid waste rail transfer facility, or,
if not available, the city, State, and United States Postal Service ZIP
code.
(d) The name of the rail carrier that owns or operates the facility
or the rail carrier on whose behalf the facility is operated.
(e) A good-faith certification that the facility qualified as a
solid waste rail transfer facility as defined in 49 U.S.C.
10908(e)(1)(H) and 49 CFR 1155.2, on October 16, 2008.
(f) Relief sought (that the rail carrier that owns or operates the
facility be required to apply for a land-use-exemption permit).
(g) Name, title, and address of representative of petitioner to
whom correspondence should be sent.
Sec. 1155.11 Filing and service of petition.
(a) When the petition is filed with the Board, the petitioner shall
serve concurrently, by first class mail, a copy of the petition on the
rail carrier that owns or operates the solid waste rail transfer
facility and on the facility if the address is different than the rail
carrier's address. A copy of the certificate of service shall be filed
with the Board at the same time.
(b) Upon the filing of a petition, the Board will review the
petition and determine whether it conforms to all applicable
regulations. If the petition is substantially incomplete or its filing
otherwise defective, the Board will reject the petition without
prejudice for stated reasons by order within 15 days from the date of
filing of the petition.
(c) If the petition is rejected, a revised petition may be
resubmitted, and the Board will determine whether the resubmitted
application conforms with all prescribed regulations.
Sec. 1155.12 Participation in petition proceedings.
(a) An interested person may file a reply to the petition
challenging any of the information contained in the petition that is
required by 49 CFR 1155.10(c) through (e) and may offer evidence to
support its contention. The petitioner will have an opportunity to file
a rebuttal.
(b) A facility can acknowledge that it was a solid waste rail
transfer facility on October 16, 2008, but no longer operates as such
and therefore is not required to seek a land-use-exemption permit. To
do so, a facility must file with the Board a certification stating that
it:
(1) No longer operates as a solid waste transfer facility;
(2) Understands that by certifying that it no longer operates as a
solid waste transfer facility, it no longer qualifies as a facility in
existence on October 16, 2008 for purposes of the Clean Railroad Act
and these regulations; and
(3) Understands that if it seeks a land-use-exemption permit in the
future, it would be required to do so as a proposed facility.
(c) Filing and service of replies.
(1) Any reply shall be filed with the Board (the Chief, Section of
Administration, Office of Proceedings, Surface Transportation Board,
395 E Street, SW., Washington, DC 20423) within 20 days of the filing
with the Board of the petition.
(2) A copy of the reply shall be served on petitioner or its
representative at the time of filing with the Board. Each filing shall
contain a certificate of service.
(3) Any rebuttal to a reply shall be filed and served by petitioner
no later than 30 days after the filing of the petition.
Sec. 1155.13 Board determination with respect to a Governor's
petition.
The Board shall accept the Governor's complete petition on a
finding that the facility qualified as a solid waste rail transfer
facility, as defined in 49 U.S.C. 10908(e)(1)(H) and 49 CFR 1155.2, on
October 16, 2008. If the Board finds that the facility currently does
not qualify for or require a land-use-exemption permit, any future use
of the facility as a solid waste rail transfer facility would require
an application for a land-use-exemption permit as a proposed facility
and/or the proper State permits. In a decision granting the Governor's
petition, the Board shall require that the rail carrier that owns or
operates the facility, or the operator of the facility, file a land-
use-exemption-permit application within 120 days of the service date of
the decision.
Subpart C--Procedures Governing Applications for a Land-Use-
Exemption Permit
Sec. 1155.20 Notice of intent to apply for a land-use-exemption
permit.
(a) Filing and publication requirements. An applicant (i.e., a
solid waste rail transfer facility, or the rail carrier that owns or
operates the facility) shall give its Notice of Intent to file a land-
use-exemption-permit application by complying with the following
procedures:
(1) Filing. Applicant must serve its Notice of Intent on the Board
in the format prescribed in part 1155 Appendix A. The Notice of Intent
shall be filed in accordance with the time requirements of paragraph
(b) of this section.
[[Page 16542]]
(2) Service. Applicant must serve, by first-class mail (unless
otherwise specified), its Notice of Intent upon:
(i) The Governor of the State where the facility is located;
(ii) The municipality, the State, and any relevant Federal or State
regional planning entity in the jurisdiction of which the solid waste
rail transfer facility is located or proposed to be located; and
(iii) The appropriate managing government agencies responsible for
the groups of land listed in 49 U.S.C. 10909(c)(2).
(3) Newspaper publication. Applicant must publish its Notice of
Intent at least once during each of 3 consecutive weeks in a newspaper
of general circulation in each county in which any part of the proposed
or existing facility is located.
(b) Time limits. (1) The Notice of Intent must be served on the
parties discussed above at least 15 days, but not more than 30 days,
prior to the filing of the land-use-exemption-permit application;
(2) The three required newspaper Notices must be published within
the 30-day period prior to the filing of the application; and
(3) The Notice of Intent must be filed with the Board either
concurrently with service on the required parties or when the Notice is
first published (whichever occurs first).
(c) Environmental and Historic Reports. Applicant must also submit
an Environmental and/or Historic Report containing the information
described at 49 CFR 1155.25(b), 1105.7, and 1105.8, to the extent
applicable, at least 45 days prior to filing an application. OEA may
reject any report that it deems inadequate. The environmental and
historic reporting requirements that would otherwise apply are waived,
however, if the applicant or the Board hires a third-party consultant,
OEA approves the scope of the consultant's work, and the consultant
works under OEA's supervision to prepare an EIS or other environmental
documentation. In such a case, the consultant acts on behalf of the
Board, working under OEA's direction to collect the needed
environmental information and compile it into an EIS or other
appropriate environmental documentation. See 49 U.S.C. 10909(h); 49 CFR
1155.25(c).
Sec. 1155.21 Contents of application.
Applications for land-use-exemption permits for the facility, and
any proposed future expansion within 10 years of the application date,
shall contain the following information, including supporting
documentation:
(a) General. (1) Exact name of applicant.
(2) Whether applicant is a common carrier by railroad subject to 49
U.S.C. Subtitle IV, chapter 105.
(3) Summary of why a land-use-exemption permit is being sought.
(4) The full address of the solid waste rail transfer facility, or,
if not available, the city, State, and United States Postal Service ZIP
code.
(5) The name of the rail carrier that owns or operates the facility
or the rail carrier on whose behalf the facility is operated, the line
of railroad serving the facility, the milepost location of the
facility, and the milepost and names of the stations that the facility
is located between.
(6) Name, title, and address of representative of applicant to whom
comments should be sent.
(7) Copies of the specific State, local, or municipal laws,
regulations, orders, or other requirements affecting the siting of the
solid waste rail transfer facility from which the applicant requests
entire or partial exemption, any publicly available material providing
the criteria for the application of the State, local, or municipal
laws, regulations, orders, or other requirements affecting the siting,
and a description of any action that the State, local, or municipal
authority has taken affecting the siting of the facility. The applicant
shall state whether each law, regulation, order or other requirement
from which an exemption is sought is an environmental, public health,
or public safety standard that falls under the traditional police
powers of the State. If the applicant states that the requirement is
not such a standard, it shall explain the reasons for its statement.
(8) Certification that the laws, regulations, orders or other
requirements from which the applicant requests exemption are not based
on Federal laws, regulations, orders, or other requirements.
(9) Certification that the facility complies with all State, local,
or municipal laws, regulations, orders, or other requirements affecting
the siting of the facility except for those from which it seeks
exemption.
(10) Certification that the applicant has applied or will apply for
the appropriate State permits not affecting siting.
(11) For facilities not in existence as of October 16, 2008,
certification that the facility is not proposed to be located on land
within any unit of or land affiliated with the National Park System,
the National Wildlife Refuge System, the National Wilderness
Preservation System, the National Trails System, the National Wild and
Scenic Rivers System, a National Reserve, or a National Monument. For
facilities in existence as of October 16, 2008, state whether the
facility is located in any of these types of lands.
(12) For facilities not in existence as of October 16, 2008,
certification that the facility is not proposed to be located on lands
referenced in The Highlands Conservation Act, Public Law 108-421, for
which a State has implemented a conservation management plan, or, that
the facility is consistent with the restrictions implemented by the
applicable State under The Highlands Conservation Act, Public Law 108-
421, placed on its proposed location. For facilities in existence as of
October 16, 2008, state whether the facility is located on any of these
lands, and, if so, address whether the facility is consistent with the
restrictions placed on the location by the applicable State under that
law.
(13) An explanation of how the facility comes within the Board's
jurisdiction under 49 U.S.C. 10501.
(14) The owner and operator of the facility.
(15) The interest of the rail carrier in the facility.
(16) An explanation of how the facility meets the definition of a
solid waste rail transfer facility at 49 U.S.C. 10909(e)(1)(H).
(17) A statement whether the applicant has sought permission from
the applicable State, local, or municipal authority with respect to
some or all of the facility in its application and received an
unsatisfactory result affecting the siting of the facility. The
applicant shall provide information about the unsatisfactory result and
shall include all relevant orders, decisions, or other notices of the
denial.
(18) A detailed description of the operations and activities that
will occur/are occurring at the facility.
(19) Detailed map showing the subject facility on sheets not larger
than 11x17 inches, drawn to scale, and with the scale shown thereon.
The map must show, in clear relief, the exact location of the facility
on the rail line and its relation to other rail lines in the area,
highways, water routes, population centers and any geographic features
that should be considered in determining whether the facility would
pose an unreasonable risk to public health, safety, or the environment,
pursuant to 49 U.S.C. 10909(c)(1).
(20) Detailed drawing of the subject facility on sheets not larger
than 11x17 inches, drawn to scale, and with the scale shown thereon.
The drawing must
[[Page 16543]]
show, in clear relief, the exact boundaries of the facility, structures
at the facility, the location and type of the operations taking place
at the facility, the proposed traffic configuration for the solid waste
entering and leaving the facility, reasonable future expansion planned
for the next 10 years that the applicant requests to be included in the
land-use-exemption permit, any geographic features that should be
considered in determining whether the facility would pose an
unreasonable risk to public health, safety, or the environment,
pursuant to 49 U.S.C. 10909(c)(1), and any other information that the
applicant believes would be relevant.
(21) A detailed justification for why any future expansion planned
for the next 10 years should be covered by the land-use-exemption
permit.
(b) Statement. A statement that sets forth, based on currently
available information, the reasons why the Board should grant a land-
use-exemption permit to the applicant under the standards in 49 U.S.C.
10909(c), (d) and these regulations. Specifically, the applicant shall
include an explanation of whether the laws, regulations, or other
requirements affecting siting of the facility from which exemption is
sought, on their face or as applied, unreasonably burden the interstate
transportation of solid waste by railroad or discriminate against the
railroad transportation of solid waste and a solid waste rail transfer
facility, and, if so, why.
(c) Environmental impact. The applicant shall certify that it has
submitted an environmental and/or historical report containing the
information in 49 CFR 1155.25(b), 1105.7, and 1105.8, to the extent
relevant, if an environmental and/or historic report is required.
(d) Additional information. The applicant shall submit such
additional information to support its application as the Board may
require.
(e) Draft Federal Register notice. The applicant shall submit a
draft notice of its application to be published by the Board. In
addition to the regular number of copies that must be filed with the
Board, the applicant must submit a copy of the draft notice as data
contained on a computer diskette compatible with the Board's current
word processing capabilities. The Board will publish the notice in the
Federal Register within 20 days of the application's filing with the
Board. The draft notice shall be in the form set forth in pt. 1155
Appendix B.
(f) Verification. The original application shall be executed and
verified in the form set forth below by an officer of the applicant
having knowledge of the facts and matters relied upon.
Verification
State of ---------------- ss.
County of ------------------
---------------- (Name of affiant) makes oath and says that (s)he is
the ---------------- (title of affiant) of the ---------------- (name
of applicant) applicant herein; that (s)he has been authorized by the
applicant (or as appropriate, a court) to verify and file with the
Surface Transportation Board the foregoing application in Finance
Docket No. ---- (Sub-No. ----); that (s)he has carefully examined all
of the statements in the application as well as the exhibits attached
thereto and made a part thereof; that (s)he has knowledge of the facts
and matters relied upon in the application; and that all
representations set forth therein are true and correct to the best of
his/her knowledge, information, and belief.
(Signature)
Subscribed and sworn to before me ---------------- in and for the State
and County above named, this -- day of ----, 20--.
My commission expires
Sec. 1155.22 Filings and service of application.
(a) The applicant shall tender with its application an affidavit
attesting to its compliance with the notice requirements of 49 CFR
1155.20. The affidavit shall include the dates of service, posting, and
newspaper publication of the Notice of Intent.
(b) When the application is filed with the Board, the applicant
shall serve concurrently, by first-class mail, a copy on the Governor
of the State where the facility is located; the municipality, the
State, and any relevant Federal or State regional planning entity of
the jurisdiction in which the solid waste rail transfer facility is
located or proposed to be located; and the appropriate managing
government agencies responsible for the groups of land listed in 49
U.S.C. 10909(c)(2). A copy of the certificate of service shall be filed
with the Board at the same time.
(c) The applicant shall promptly furnish by first class mail a copy
of the application to any interested person proposing to file a comment
upon request. A copy of the certificate of service shall be filed with
the Board at the same time.
(d)(1) Upon the filing of a land-use-exemption-permit application,
the Board will review the application and determine whether it conforms
to all applicable regulations. If the application is substantially
incomplete or its filing otherwise defective, the Board shall reject
the application for stated reasons by order within 20 days from the
date of filing of the application. If the Board does not reject the
application, notice of the filing of the application shall be published
in the Federal Register by the Board, through the Director of the
Office of Proceedings, within 20 days of the filing of the application.
(2) If the application is rejected, a revised application may be
submitted and the Board will determine whether the resubmitted
application conforms with all prescribed regulations. A properly
revised application submitted within 60 days of the order rejecting the
incomplete or improper application need not be subject to new notice
and publication under Sec. 1155.20, unless the defect causing the
rejection was in the notice and/or publication. A revised application
submitted after such 60-day period must be newly published and noticed.
(3) The resubmission of a complete and properly filed land-use-
exemption-permit application shall be considered a de novo filing for
the purposes of computation of the time periods prescribed in the
regulations contained in this part.
(4) An applicant may seek waiver of specific regulations listed in
subpart C of this part by filing a petition for waiver with the Board.
When the petition is filed with the Board, the applicant shall serve,
by first-class mail, a copy on the Governor of the State where the
facility is located; the municipality, the State, and any relevant
Federal or State regional planning entity of the jurisdiction in which
the solid waste rail transfer facility is located or proposed to be
located; and the appropriate managing government agencies responsible
for the groups of land listed in 49 U.S.C. 10909(c)(2). A copy of the
certificate of service shall be filed with the Board at the same time.
A decision by the Director of the Office of Proceedings granting or
denying a waiver petition will be issued within 30 days of the date the
petition is filed. Appeals from the Director's decision will be decided
by the entire Board. If waiver is not obtained prior to the filing of
the application, the application may be subject to rejection.
Sec. 1155.23 Participation in application proceedings.
(a) Initial comments. Interested persons may become parties to a
land-use-exemption-permit proceeding by filing initial comments with
the Board within 45 days of the filing of the
[[Page 16544]]
application. Comments should contain the following information, as
appropriate:
(1) Name, address, and organizational affiliation.
(2) A statement describing commenter's interest in the proceeding,
including information concerning any organization or public interest it
represents.
(3) Reasons, in general, why commenter supports or opposes the
application, taking into account the standards for the Board's review
and consideration set forth in 49 U.S.C. 10909(c) and (d) and this
part.
(4) Any rebuttal to the evidence and argument submitted by
applicant.
(b) Final comments. Interested persons, including the applicant,
within 30 days after the close of OEA's environmental review, may
comment on how the information developed during OEA's environmental
review concerning the considerations at 49 U.S.C. 10909(d)(1) through
(5) should be weighed with the remaining transportation and other
relevant considerations at 49 U.S.C. 10909(d)(6) and (7). The parties
will have an additional 15 days to respond to other parties' arguments.
All pleadings shall be limited to weighing the information developed
during OEA's environmental review with transportation and other
concerns, and should not be directed towards the adequacy of OEA's
environmental review. (Interested persons may comment on the adequacy
of OEA's environmental review during the normal comment period for the
EIS as provided in 49 CFR 1105.10(a)(4). See 49 CFR 1155.24(a).) All
comments under this paragraph shall contain the information required in
paragraphs (a)(1) and (2) of this section.
(c) Filing and service of comments and replies (including evidence
and argument). (1) Initial comments shall be filed with the Board
(addressed to the Chief, Section of Administration, Office of
Proceedings, Surface Transportation Board, 395 E Street, SW.,
Washington, DC 20423) within 45 days of the filing with the Board of a
land-use-exemption-permit application. An original and 10 copies of
each comment shall be filed with the Board. A copy of each comment
shall be served on applicant or its representative at the time of
filing with the Board. Each filing shall contain a certificate of
service.
(2) Final comments shall be filed and served on all parties within
30 days of the close of the environmental review. An original and 10
copies of such comments shall be filed with the Board. A copy of each
comment shall be served on applicant or its representative at the time
of filing with the Board. Each filing shall contain a certificate of
service.
(3) Replies to final comments shall be filed and served on all
parties no later than 45 days after the close of the environmental
review. An original and 10 copies of such replies shall be filed with
the Board. A copy of each reply to comments shall be served on
applicant or its representative at the time of filing with the Board.
Each filing shall contain a certificate of service.
Sec. 1155.24 Environmental review.
(a) A land-use-exemption permit generally will require the
preparation of an EIS. OEA may reclassify the environmental review
requirements of land-use-exemption proceedings on a case-by-case basis,
pursuant to 49 CFR 1105.6(d).
(b) An applicant for a land-use-exemption permit must submit an
environmental report, at least 45 days prior to filing a land-use-
exemption-permit application, containing the information described at
49 CFR 1105.7 to the extent applicable to solid waste rail transfer
facilities. Applicants shall concurrently file an historic report
containing the information at 49 CFR 1105.8 if applicable. The
environmental report must also contain a discussion of the five factors
for consideration listed at 49 U.S.C. 10909(d)(1) through (5) and
address any associated environmental impacts as they relate to the
facility for which a land-use-exemption permit is sought.
(c) The Board strongly encourages applicants to use third-party
contractors to assist OEA in preparing the appropriate environmental
documentation in land-use-exemption-permit proceedings. See 49 CFR
1105.10(d). The environmental reporting requirements outlined above
that would otherwise apply are waived if an applicant hires a third-
party contractor, OEA approves the scope of the contractor's work, and
the contractor works under OEA's direct supervision. See 49 CFR
1105.10(d). If an applicant does not hire an independent third-party
contractor, the Board may hire a third-party contractor and charge the
costs for the contractor to the applicant. See 49 U.S.C. 10909(h).
(d) The Board's procedures set forth in 49 CFR 1105.10 for
implementation of environmental laws are controlling unless superseded
by provisions in this Part.
(e) An applicant for a land-use-exemption permit must follow the
Board's procedures at 49 CFR 1105.9 for compliance with the Coastal
Zone Management Act, 16 U.S.C. 1451-65, if that act is applicable.
Sec. 1155.25 Transfer and termination of a land-use-exemption permit.
(a) A land-use-exemption permit may be transferred from a rail
carrier to an acquiring rail carrier without the need for a new
application for a land-use-exemption permit if the rail line associated
with the solid waste rail transfer facility is transferred to another
rail carrier or to an entity formed to become a rail carrier pursuant
to authority granted by the Board under 49 U.S.C. 10901, 10902, or
11323. When seeking Board authority under 49 U.S.C. 10901, 10902, or
11323, the applicant(s) shall specifically advise the Board, the
municipality, the State, and any relevant Federal or State regional
planning entity of the jurisdiction in which the solid waste rail
transfer facility is located, of the intended transfer. The Federal
Register notice concerning the acquisition shall include a statement
that a solid waste rail transfer facility with a Board-issued land-use-
exemption permit is included in the acquisition.
(b) When a carrier plans to cease using a facility as a solid waste
rail transfer facility, or when a facility is transferred to any party
in any manner other than that described in paragraph (a) of this
section, the entity that received the land-use-exemption permit must
notify the Board, the municipality, the State, and any relevant Federal
or State regional planning entity of the jurisdiction in which the
solid waste rail transfer facility is located, in writing no later than
60 days prior to the proposed cessation or transfer. Upon receipt of
that notice, the Board will publish notice in the Federal Register that
the land-use-exemption permit will be terminated on the 60th day unless
otherwise ordered by the Board.
Sec. 1155.26 Board determinations under 49 U.S.C. 10909.
(a) Schedule. (1) The schedule in paragraph (a)(2) of this section
shall govern the process for Board consideration and decisions in land-
use-exemption-permit application proceedings from the time the
application is filed until the time of the Board's decision on the
merits.
(2) At least 45 days prior to filing of application--Environmental
report (and/or historic report, if applicable) filed and environmental
process initiated pursuant to 49 CFR 1155.24.
(i) Day 0--Application filed.
(ii) Day 20--Due date for Notice of Application to be published in
the Federal Register.
(iii) Day 45--Due date for initial comments.
[[Page 16545]]
(iv) 30 days after the Final EIS (or other final environmental
documentation) is issued by OEA--Due date for final comments.
(v) 45 days after the Final EIS (or other final environmental
documentation) is issued by OEA--Due date for replies to final
comments.
(3) A decision on the merits will be due 90 days after a full
record is developed.
(b) Standard for review. (1) The Board will issue a land-use-
exemption permit only if it determines that the facility at the
existing or proposed location would not pose an unreasonable risk to
public health, safety, or the environment. In deciding whether a solid
waste rail transfer facility that is or proposed to be constructed or
operated by or on behalf of a rail carrier poses an unreasonable risk
to public health, safety, or the environment, the Board shall weigh the
particular facility's potential benefits to and the adverse impacts on
public health, public safety, the environment, interstate commerce, and
transportation of solid waste by rail.
(2) The Board will not grant a land-use-exemption permit for a
solid waste rail transfer facility proposed to be located on land
within any unit of or land affiliated with the National Park System,
the National Wildlife Refuge System, the National Wilderness
Preservation System, the National Trails System, the National Wild and
Scenic Rivers System, a National Reserve, or a National Monument.
(3) The Board will not grant a land-use-exemption permit for a
solid waste rail transfer facility proposed to be located on land
within any unit of or land affiliated with lands referenced in The
Highlands Conservation Act, Public Law 108-421, for which a State has
implemented a conservation management plan, if operation of the
facility would be inconsistent with restrictions placed on such land.
(4) The Board will reject an application from a person who is not a
rail carrier, but is instead operating on behalf of a rail carrier
unless:
(i) The applicant has sought permission from the applicable State,
local, or municipal authority with respect to some or all of the
property in the application and received an unsatisfactory result
affecting the siting of the facility; or
(ii) The Governor of the State has petitioned the Board to require
the facility to apply under 49 CFR part 1155 subpart B.
(5) The Board will issue a land-use-exemption permit to an
applicant that has received an unsatisfactory result from a State,
local or municipal authority affecting the siting of the facility only
if it finds that the laws, regulations, or other requirements affect
the siting of the facility, on their face or as applied, either:
(i) Unreasonably burden the interstate transportation of solid
waste by railroad; or
(ii) Discriminate against the railroad transportation of solid
waste and a solid waste rail transfer facility.
(6) A land-use-exemption permit will not exempt a State requirement
that a rail carrier comply with an environmental, public health, or
public safety standard that falls under the traditional police powers
of the State unless the requirement is unreasonably burdensome to
interstate commerce or discriminates against rail carriers.
(7) A land-use-exemption permit will only exempt State, local, or
municipal laws, regulations, orders, other requirements, or portions
thereof, affecting the siting of the solid waste rail transfer
facility.
(c) Considerations. As required by 49 U.S.C. 10909(d), the Board
will consider and give due weight to the following, as applicable:
(1) The land-use, zoning, and siting regulations or solid waste
planning requirements of the State or State subdivision in which the
facility is or will be located that are applicable to solid waste
transfer facilities, including those that are not owned or operated by
or on behalf of a rail carrier;
(2) The land-use, zoning, and siting regulations or solid waste
planning requirements applicable to the property where the solid waste
rail transfer facility is proposed to be located;
(3) Regional transportation planning requirements developed
pursuant to Federal and State law;
(4) Regional solid waste disposal plans developed pursuant to
Federal or State law;
(5) Any Federal and State environmental protection laws or
regulations applicable to the site;
(6) any unreasonable burdens imposed on the interstate
transportation of solid waste by railroad, or the potential for
discrimination against the railroad transportation of solid waste, a
solid waste rail transfer facility, or a rail carrier that owns or
operates such a facility; and
(7) Any other relevant factors, as determined by the Board.
(d) Permits. If the Board grants a land-use-exemption permit for a
solid waste rail transfer facility, all State laws, regulations,
orders, or other requirements affecting the siting of a facility are
preempted with regard to that facility. Inasmuch as the Board has
discretion to require compliance with State requirements affecting the
siting of a facility pursuant to 49 U.S.C. 10909(f), a Board-issued
land-use-exemption permit will require compliance with such State laws,
regulations, orders, or other requirements not otherwise expressly
exempted in the permit unless the Board determines otherwise.
Sec. 1155.27 Petitions to modify, amend, or revoke a land-use-
exemption permit.
General rule. Petitions to modify, amend, or revoke land-use-
exemption permits shall be decided in accordance with the Board's
normal standard of review for petitions to reopen administratively
final Board actions at 49 CFR 1115.4. The petition must demonstrate
material error, new evidence, or substantially changed circumstances
that warrant the requested action, and is subject to these additional
conditions:
(a) An entity that petitions for a modification or amendment
requesting an expansion of Federal preemption or the facility's
operations or physical size is subject to the notice and application
requirements in this subpart C. The language of the notifications shall
be modified to note that the petition is for a modification or
amendment.
(b) The Board will approve or deny petitions to modify, amend, or
revoke a land-use-exemption permit within 90 days after the full record
for the petition is developed.
APPENDIX A to Part 1155--Form Notice of Intent to Apply
Docket No. FD --------(Sub-No. --------)
Notice of Intent to apply for a land-use-exemption permit for a
solid waste rail transfer facility.
(Name of Applicant) gives notice that on or about (insert date
application will be filed with the Board) it intends to file with
the Surface Transportation Board, 395 E Street, SW., Washington, DC
20423, an application for a land-use-exemption permit for a solid
waste rail transfer facility as defined in 49 U.S.C. 10908(e)(1)(H)
and 49 CFR 1155.2. The solid waste rail transfer facility, owned by
(name of owner), and operated by (name of operator), is located at
(full address, or, if not available, provide city, State, and United
States Postal Service ZIP code). The solid waste rail transfer
facility is located on a (name of rail carrier) line of railroad
known as -------- at milepost -------- between (station name) at
milepost -------- and (station name) at milepost --------.
The reason(s) for the proposed permit application is (are) ----
-------- (explain briefly and clearly the activities undertaken, or
proposed to be undertaken, by the applicant at the solid waste rail
transfer facility. Describe the specific State and local laws,
regulations, orders or other requirements affecting siting from
which the applicant requests entire or partial exemption and any
[[Page 16546]]
action that the State, local, or municipal authority has taken
affecting the siting of the facility. Also, if applicant is not the
rail carrier, provide the name of the rail carrier that owns or
operates the facility or has the facility operated on its behalf.)
(Include this paragraph for facilities not in existence on
October 16, 2008). Applicant certifies that, based on information in
its possession, the facility is not proposed to be located on land
within any unit of or land affiliated with the National Park System,
the National Wildlife Refuge System, the National Wilderness
Preservation System, the National Trails System, the National Wild
and Scenic Rivers System, a National Reserve, or a National
Monument. Applicant further certifies that the facility is not
proposed to be located on lands referenced in The Highlands
Conservation Act, Public Law 108-421, for which a State has
implemented a conservation management plan (or, The facility is
consistent with the restrictions implemented by (State) under The
Highlands Conservation Act, Public Law 108-421, placed at its
proposed location). Any relevant documentation in the railroad's
possession on these issues will be made available promptly to those
requesting it.
(For facilities already in existence on October 16, 2008,
address the extent to which the facility is or is not located in any
of these types of lands, and to the extent that it is so located
address any relevant criteria, and so certify.)
The application containing the information set forth at 49 CFR
1155.21 will include the applicant's case for the granting of the
land-use-exemption permit. Any interested person, after the
application is filed on (insert date), may file with the Surface
Transportation Board initial comments concerning the application
within 45 days after the application is filed.
The party's initial comments should contain that party's initial
arguments in support or opposition based on the information
available at that point including the following, as appropriate:
(1) Name, address, and organizational affiliation.
(2) A statement describing commenter's interest in the
proceeding, including information concerning the organization or
public interest the commenter represents.
(3) Specific reasons why commenter supports or opposes the
application, taking into account the standards for the Board's
review and consideration provided in 49 U.S.C. 10909(c), (d) and the
Board's regulations at 49 CFR 1155.27.
(4) If the applicant files under 49 CFR 1155.22, specific
reasons why commenter supports or opposes the Board's accepting the
application.
(5) Any rebuttal of material submitted by applicant.
The parties' initial comments will be considered by the Board in
determining what disposition to make of the application. Parties
seeking further information concerning the filing of comments should
refer to 49 CFR 1155.24.
Interested persons also will have the opportunity to provide
detailed comments during the Board's environmental review under the
National Environmental Policy Act. 49 CFR 1105.10 and 49 CFR
1155.25. Questions concerning the environmental review process or
potential environmental issues may be directed to the Board's Office
of Environmental Analysis (OEA). After the close of the
environmental review, interested parties may file final comments on
how the information developed during the environmental review should
be weighed by the Board in determining whether to grant the
requested land use exemption permit. See 49 CFR part 1155 for
details on these processes.
All comments should indicate the proceeding designation Docket
No. FD -------- (Sub-No. --------). Initial comments must be filed
with the Chief, Section of Administration, Office of Proceedings,
Surface Transportation Board, 395 E Street, SW., Washington, DC
20423, no later than (insert the date 45 days after the date
applicant intends to file its application). A copy of each comment
shall be served upon the representative of the applicant (insert
name, address, and phone number). Except as otherwise set forth in
49 CFR part 1155, each document filed with the Board must be served
on all parties to the land-use-exemption-permit proceeding. See 49
CFR 1104.12(a).
Persons seeking further information concerning land-use-
exemption-permit procedures may contact the Surface Transportation
Board or refer to 49 U.S.C. 10908, 10909, and the full land-use-
exemption-permit regulations at 49 CFR part 1155.
A copy of the application will be available for public
inspection on or after (insert date the land-use-exemption-permit
application is to be filed with Board) and will be available on the
Board's Web site at http://www.stb.dot.gov. The applicant shall
furnish a copy of the application to any interested person proposing
to file a comment, upon request.
APPENDIX B--Form Federal Register Notice
Docket No. FD -------- (Sub-No. --------)
Notice of Application for a land-use-exemption permit for a
solid waste rail transfer facility
On (insert date application was filed with the Board) (name of
applicant) filed with the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423, an application for a land-use-
exemption permit for a solid waste rail transfer facility. The solid
waste rail transfer facility, owned by (name of owner), and operated
by (name of operator), is located at (full address, or, if not
available, provide city, State, and United States Postal Service ZIP
code). The solid waste rail transfer facility is located on a line
of (name of rail carrier) railroad known as -------- at milepost --
------ between (station name) at milepost -------- and (station
name) at milepost --------. The application explains why applicant
believes its request for a land-use-exemption permit should be
granted.
(Include this paragraph for facilities not in existence on
October 16, 2008). The facility is not proposed to be located on
land within any unit of or land affiliated with the National Park
System, the National Wildlife Refuge System, the National Wilderness
Preservation System, the National Trails System, the National Wild
and Scenic Rivers System, a National Reserve, or a National
Monument. The facility is not proposed to be located on lands
referenced in The Highlands Conservation Act, Public Law 108-421,
for which a State has implemented a conservation management plan
(or, The facility is consistent with the restrictions implemented by
(State) under The Highlands Conservation Act, Public Law 108-421,
placed on its proposed location). Any relevant documentation in the
railroad's possession will be made available promptly to those
requesting it.
(For facilities already in existence on October 16, 2008,
address the extent to which the facility is or is not located in any
of these types of lands, and to the extent that it is so located
address any relevant criteria, and so certify.)
Any interested person may file with the Surface Transportation
Board initial comments concerning the application within 45 days of
the filing of the application. Persons seeking information
concerning the filing of initial comments should refer to 49 CFR
1155.23.
All comments should indicate the proceeding designation Finance
Docket No. -------- (Sub-No. --------). Initial comments must be
filed with the Chief, Section of Administration, Office of
Proceedings, Surface Transportation Board, 395 E Street, SW.,
Washington, DC 20423, no later than (insert the date 45 days after
the date applicant intends to file its application). A copy of each
comment shall be served upon the representative of the applicant
(insert name, address, and phone number). Except as otherwise set
forth in 49 CFR part 1155, each document filed with the Board must
be served on all parties to the land-use-exemption-permit
proceeding. 49 CFR 1104.12(a).
Persons seeking further information concerning land-use-
exemption-permit procedures may contact the Surface Transportation
Board or refer to 49 U.S.C. 10908, 10909, 10910 and the Board's
implementing land-use-exemption-permit regulations at 49 CFR part
1155.
A copy of the application is available for public inspection.
The applicant shall furnish a copy of the application to any
interested person proposing to file a comment, upon request.
Questions concerning the environmental review process or
potential environmental issues may be directed to the Board's Office
of Environmental Analysis (OEA). After the close of the
environmental review, interested parties may file final comments on
how the information developed during the environmental review should
be weighed by the Board in determining whether to grant the
requested land use exemption permit. See 49 CFR part 1155 for
details on these processes.
Note: The following appendix will not appear in the Code of
Federal Regulations.
[[Page 16547]]
Appendix
The additional information below is included to assist those who
may wish to submit comments pertinent to review under the Paperwork
Reduction Act:
Description of Collection
Title: Solid Waste Rail Transfer Facilities.
OMB Control Number: -------------.
STB Form Number: None.
Type of Review: New Collection.
Respondents: Any applicant seeking a land-use-exemption permit,
whether compelled by a Governor's petition or through its own
accord.
Number of Respondents: Unknown; none mandated by the Board.
Estimated Time Per Response: 160 hours.
Frequency: 1.
Total Burden Hours (annually including all respondents): 160
hours.
Total ``Non-hour Burden'' Cost: An estimated cost of $50,000 to
hire an environmental consultant to work with Board staff on the
required environmental report.
Needs and Uses: The information collected from applicants
develops the record in land-use-exemption-permit proceedings, a
process mandated by Congress in the CRA. The information gathered
under the interim regulations is intended to permit the Board to
accurately assess the merits of a permit application.
Retention Period: Information in this report will be maintained
on the Board's Web site for a minimum of 1 year and will be
otherwise maintained permanently.
[FR Doc. 2011-6420 Filed 3-23-11; 8:45 am]
BILLING CODE 4915-01-P