|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|SAN LUIS & RIO GRANDE RAILROAD--PETITION FOR A DECLARATORY ORDER|
|Director Of Proceedings|
|DECISION PROVIDED NOTICE THAT A PUBLIC MEETING WILL BE HELD IN THIS PROCEEDING ON FEBRUARY 17, 2011, IN CONEJOS, COLORADO.|
| 10 KB|
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|Full Text of Decision|
41262 SERVICE DATE – LATE RELEASE JANUARY 31, 2011
SURFACE TRANSPORTATION BOARD
Docket No. FD 35380
San Luis & Rio Grande Railroad—Petition for a Declaratory Order
AGENCY: Surface Transportation Board.
ACTION: Notice of Public Meeting.
SUMMARY: Staff members of the Surface Transportation Board will hold a public meeting concerning the declaratory order proceeding in the above-titled docket. The purpose of the meeting is to allow interested persons to comment on the issues raised in the proceeding.
DATE/LOCATION: The public meeting will take place on
Thursday, February 17, 2011, beginning at 10:00 a.m. (local time), in Our
Lady of Guadalupe Parish Hall,
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.
INFORMATION: In response to a petition filed by San Luis
& Rio Grande Railroad (SLRG), the Board instituted a declaratory order
proceeding under 5 U.S.C. § 554(e) and 49 U.S.C. § 721 on
August 12, 2010, to determine whether the Board’s jurisdiction preempts the
land-use code of Conejos County, Colorado (County) that may otherwise apply to
SLRG’s proposed operation of a truck-to-rail transload
facility in Antonito, Colorado. See San Luis &
Rio Grande R.R.—Petition for a Declaratory Order, FD 35380 (STB served Aug.
12, 2010) (August decision).
Specifically, the facility will be used to transfer
containers and/or bags of contaminated dirt and debris from trucks originating
at Los Alamos National Laboratory in
In the August decision instituting a proceeding, the Board opened the matter for public comment on the petition and gave SLRG the opportunity to supplement its filing. The Board requested that the filings focus on issues related to the Clean Railroads Act of 2008, 49 U.S.C. §§ 10501(c)(2), 10908-10910 (CRA), including whether SLRG’s containers are original shipping containers under 49 U.S.C. § 10908(e)(1)(H)(i), and whether the dirt SLRG plans to transload and transport is subject to the CRA. The August decision also established an initial procedural schedule.
In response to the Board’s request for public
comments, several entities and individuals filed comments. One such entity, Conejos County Clean Water,
Inc. (CCCW) included in its extensive comments a request for the
opportunity to provide oral public comments on what the Board deemed novel
issues at a hearing proceeding in
During the public meeting, Board staff will hear comments regarding the declaratory order proceeding. The meeting will continue until all interested persons or parties have had an opportunity to speak. Persons wishing to speak should place their names on the list of speakers upon arrival at the Parish Hall of Our Lady of Guadalupe Church. A court reporter will transcribe the meeting and prepare a transcript that will be included in the public record of the proceeding.
All decisions, notices, and filings in this proceeding are available on the Board’s website at “www.stb.dot.gov.” A transcript of the meeting will also be posted on the Board’s website.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
Dated: January 31, 2011.
By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.