[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Page 6173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01800]
[[Page 6173]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35652]
Diana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Kathleen
Kelley, Andrew Wilklund, and Richard Kosiba--Petition for Declaratory
Order
AGENCY: Surface Transportation Board, Transportation.
ACTION: Institution of declaratory order proceeding; establishment of
procedural schedule.
-----------------------------------------------------------------------
SUMMARY: In response to a petition filed on August 1, 2012, by Diana
Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Kathleen Kelley,
Andrew Wilklund, and Richard Kosiba (Petitioners), the Board is
instituting a declaratory order proceeding under 49 U.S.C. 721 and 5
U.S.C. 554(e). Petitioners request that the Board declare that specific
operations conducted in the town of Upton, Mass. (Town) at a bulk
transloading facility (Upton Facility), claimed to be performed by the
Grafton and Upton Railroad (G&U), do not constitute ``transportation by
a rail carrier,'' and that the Town's zoning and other regulations are
therefore not preempted under 49 U.S.C. 10501(b). This notice provides
for further submissions by the parties and seeks public comment.
DATES: G&U's reply is due no later than February 25, 2013. Public
comments are due no later than February 25, 2013. Petitioners' response
is due by March 11, 2013.
ADDRESSES: Public comments and further submissions by the parties may
be submitted 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. FD 35652, 395
E Street SW., Washington, DC 20423-0001. Copies of written comments and
the parties' filings 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. In addition, send one copy of all filings to the
following: Mark Bobrowski, Blatman, Bobrowski & Mead, LLC, 9 Damonmill
Square, Suite 4A4, Concord, MA 01742 (representing Petitioners); James
E. Howard, 70 Rancho Road, Carmel Valley, CA 93924 (representing G&U).
FOR FURTHER INFORMATION CONTACT: Marc Lerner, (202) 245-0390.
Assistance for the hearing impaired is available through the Federal
Information Relay Service (FIRS) at (800) 877-8339.
SUPPLEMENTARY INFORMATION: Petitioners request that the Board find that
the screening, vacuuming, and bagging of wood pellets, and the trucking
and storage of bulk goods, at the Upton Facility, on property owned by
Upton Development Group, LLC and operated by Grafton Upton Railcare,
LLC allegedly on behalf of G&U, are not preempted from certain local
zoning and other regulations. Petitioners further assert that the wood
pellet packaging services provided at the facility are not integrally
related to ``rail transportation,'' and that the bulk transfer terminal
activities are not being conducted by a ``rail carrier.'' The petition
will serve as Petitioners' opening statement.
Under 5 U.S.C. 554(e), the Board has discretionary authority to
issue a declaratory order to terminate a controversy or remove
uncertainty. The issues raised by Petitioners merit further
consideration, and a declaratory order proceeding is thus instituted
here. Any person seeking to comment on the issues raised in
Petitioners' petition may submit written comments to the Board pursuant
to the schedule and procedures set forth in this notice. Additional
information is contained in the Board's decision served January 24,
2013, which is available on our Web site at www.stb.dot.gov.
Decided: January 23, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-01800 Filed 1-28-13; 8:45 am]
BILLING CODE 4915-01-P