[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11872-11873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04624]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35803]


United States Environmental Protection Agency--Petition for 
Declaratory Order

    On January 24, 2014, the United States Environmental Protection 
Agency (EPA), Region IX, filed a petition for declaratory order 
requesting that the Board institute a proceeding to consider whether 
two rules concerning railroad locomotive idling issued by the South 
Coast Air Quality Management District (SCAQMD) would be preempted by 49 
U.S.C. 10501(b), if those rules were approved into the California State 
Implementation Plan (SIP) under the Clean Air Act, 42 U.S.C. 7401 et 
seq.\1\ The EPA indicates that it must decide whether to approve the 
rules into the California SIP and therefore seeks guidance on whether 
Sec.  10501(b) would preempt the implementation of the rules if they 
are approved.
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    \1\ SCAQMD submitted the rules to the California Air Resources 
Board (CARB), which then submitted the rules to the EPA for approval 
into the California SIP.
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    Replies to the EPA's petition were submitted by United States 
Representative Henry A. Waxman, SCAQMD, CARB, the Commonwealth of 
Massachusetts Department of Environmental Protection (MassDEP),\2\ 
Norfolk Southern Railway Company, the Association of American 
Railroads, BNSF Railway Company, Union Pacific Railroad Company, East 
Yard Communities for Environmental Justice, and the Center for 
Community Action & Environmental Justice and Sierra Club.
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    \2\ MassDEP filed a petition to intervene, which will be 
granted.
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    The Board has discretionary authority under 5 U.S.C. 554(e) and 49 
U.S.C. 721 to issue a declaratory order to eliminate a controversy or 
remove uncertainty. Here, it is appropriate to institute a declaratory 
order proceeding to remove the uncertainty raised in EPA's petition 
regarding whether the idling rules, if approved into the California 
SIP, would be preempted by Sec.  10501(b). The record presented to date 
reveals that this is a matter of widespread and significant public 
interest and warrants thorough consideration by the Board after the 
development of a complete record. The Board will therefore institute a 
declaratory order proceeding to consider the issues and establish a 
procedural schedule for the filing of comments and replies.\3\
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    \3\ Parties that have already replied to the petition need not 
refile unless they wish to supplement what they have already filed.
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    In its January 24, 2014 filing, the EPA also requested an expedited 
proceeding due to a statutory deadline of February 28, 2014, for the 
EPA to take action on CARB's request that the state-developed rules be 
accepted into the California SIP, which CARB had submitted to the EPA 
on August 30, 2012. The EPA's proposed schedule, submitted in its 
petition to the Board, would not provide sufficient time for all 
interested parties to comment on the preemption issue and for the Board 
to fully consider the matter. Accordingly, the Board hereby provides 
notice that issuance of a decision by February 28, 2014, will not be 
possible.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. A declaratory order proceeding is instituted.

[[Page 11873]]

    2. MassDEP's petition to intervene is granted.
    3. Interested parties may submit new or supplemental comments by 
March 28, 2014. Replies to those comments are due by April 14, 2014.
    4. This decision is effective on its service date.

    By the Board, Chairman Elliott and Vice Chairman Begeman.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2014-04624 Filed 2-28-14; 8:45 am]
BILLING CODE 4915-01-P