[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Page 6173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01800]

[[Page 6173]]



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 

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 

Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-01800 Filed 1-28-13; 8:45 am]