Justia Regulation Tracker

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[Federal Register: October 13, 2009 (Volume 74, Number 196)]
[Notices]               
[Page 52526-52527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc09-111]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Ex Parte No. 693]

 
Oral Argument

AGENCY: Surface Transportation Board, Department of Transportation.

ACTION: Notice of oral argument.

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SUMMARY: The Surface Transportation Board will hold oral argument on 
Tuesday, October 27, 2009, at 9:30 a.m., at its offices in Washington, 
DC, regarding two cases, STB Docket No. 42104, Entergy Arkansas, Inc. 
and Entergy Services, Inc. v. Union Pacific Railroad Company and 
Missouri & Northern Arkansas Railroad Company, Inc., and STB Finance 
Docket No. 34914, DesertXpress Enterprises, LLC--Petition for 
Declaratory Order.
    Date/Location: Oral argument will begin at 9:30 a.m., Tuesday, 
October 27, 2009, at the Board's offices at 395 E Street, SW., 
Washington, DC. A video broadcast of the oral argument will be 
available via the Board's Web site at http://www.stb.dot.gov, under 
``Information Center''/``Web cast''/``Live Video'' on the home page.

FOR FURTHER INFORMATION CONTACT: Timothy Strafford, (202) 245-0356. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: (800) 877-8339.

SUPPLEMENTARY INFORMATION: In STB Docket No. 42104, Entergy Arkansas, 
Inc., and Entergy Services, Inc. (collectively, Entergy), co-owners of 
a coal-fired utility plant, seek the prescription of a through route 
(or routes) directing the Missouri & Northern Arkansas Railroad 
Company, Inc. (MNA) and/or Union Pacific Railroad Company (UP) to 
interchange traffic with a long-haul carrier other than UP in order to 
provide adequate and more economic or efficient transportation of coal 
from Powder River Basin mines to the utility plant near Newark, AR. MNA 
has filed a motion to dismiss Entergy's complaint and a motion to 
require Entergy to make the complaint more definite. The Board will 
hold an oral argument on those two motions.
    In STB Finance Docket No. 34914, DesertXpress, a private entity, 
asked the Board to issue a declaratory order that the construction and 
operation of its proposed interstate, passenger-rail system between 
Victorville, CA, and Las Vegas, NV, would be within the Board's 
jurisdiction under 49 U.S.C. 10501(a) and therefore the Federal 
preemption of

[[Page 52527]]

49 U.S.C. 10501(b) would apply and preempt most State and local laws. 
By decision served on June 27, 2007, the Board found that the proposed 
passenger-rail system would be within the Board's exclusive 
jurisdiction, would require Board authority under 49 U.S.C. 10901, and, 
if such authority were granted, Federal preemption would apply. 
California-Nevada Super Speed Train Commission, a bi-state commission 
and an agency of the State of Nevada, and its private-sector partner, 
American Magline Group, jointly petitioned to intervene and reopen the 
2007 declaratory order, arguing that, because DesertXpress's rail 
system would not transport any freight or connect to lines on which 
freight is transported, the Board erred in determining that the line 
would be part of the interstate rail network and thus subject to its 
jurisdiction. The Board will hear argument on that petition to 
intervene and reopen.
    The Board will hear argument regarding the above-mentioned 
proceedings on October 27, 2009. The Board will provide further 
procedural guidance, including the time allotted for each party to 
present its argument, in a future decision. The oral argument will be 
open for public observation, but only counsel for the parties will be 
permitted to present argument.
    The Board will hold another oral argument on Monday, November 23, 
2009 at 9:30 a.m. The cases to be argued then will be announced by 
decision at a later date.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

    Dated: October 7, 2009.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-24519 Filed 10-9-09; 8:45 am]

BILLING CODE 4915-01-P