DesertXpress Enterprises, LLC-Petition for Declaratory Order, 51885-51886 [06-7349]

Download as PDF Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 0199), Intended Effective Date: 1 October 2006. mail pursuant to the U.S.-France Air Transport Agreement and Part 212. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. 06–7323 Filed 8–30–06; 8:45 am] Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. 06–7309 Filed 8–30–06; 8:45 am] BILLING CODE 4910–9X–P BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Office of the Secretary Saint Lawrence Seaway Development Corporation erjones on PROD1PC72 with NOTICES Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending August 11, 2006 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: OST–2006–25577. Date Filed: August 8, 2006. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: August 29, 2006. Description: Application of Taga Air Charter Service, Inc. requesting authority to engage in scheduled passenger operations between the Northern Mariana Islands, Saipan, Tinian and Rota, eventually expanding to include service to Guam as a commuter air carrier. Docket Number: OST–2006–25616. Date Filed: August 11, 2006. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: September 1, 2006. Description: Application of ELYSAIR SAS d/b/a ELYSAIR requesting a foreign air carrier permit to engage in (i) Scheduled foreign air transportation of persons, property and mail between any point or points in France and points in the United States coextensive with the rights provided under the bilateral agreement, and (ii) charter foreign air transportation of persons, property and VerDate Aug<31>2005 15:29 Aug 30, 2006 Jkt 208001 Advisory Board; Notice of Meeting Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463; 5 U.S.C. App. I), notice is hereby given of a meeting of the Advisory Board of the Saint Lawrence Seaway Development Corporation (SLSDC), to be held from 1 p.m. to 2:30 p.m. on Monday, September 25, 2006, at the Corporation’s Administration Headquarters, Room 5424, 400 Seventh Street, SW., Washington, DC, via conference call. The agenda for this meeting will be as follows: Opening Remarks; Consideration of Minutes of Past Meeting; Quarterly Report; Old and New Business; Closing Discussion; Adjournment. Attendance at the meeting is open to the interested public but limited to the space available. With the approval of the Acting Administrator, members of the public may present oral statements at the meeting. Persons wishing further information should contact, not later than September 20, 2006, Anita K. Blackman, Chief of Staff, Saint Lawrence Seaway Development Corporation, 400 Seventh Street, SW., Washington, DC 20590; 202–366–0091. Any member of the public may present a written statement to the Advisory Board at any time. Issued at Washington, DC, on August 28, 2006. Craig H. Middlebrook, Acting Administrator. [FR Doc. 06–7363 Filed 8–30–06; 8:45 am] BILLING CODE 4910–61–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34914] DesertXpress Enterprises, LLC— Petition for Declaratory Order AGENCY: Surface Transportation Board, DOT. Institution of declaratory order proceeding; request for comments. ACTION: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 51885 SUMMARY: In response to a petition filed by DesertXpress Enterprises, LLC (DesertXpress), the Board is instituting a declaratory order proceeding under 5 U.S.C. 554(e) and 49 U.S.C. 721 to determine whether the Board’s jurisdiction preempts state and local environmental review, land use restrictions, and other discretionary permitting requirements that might otherwise apply to DesertXpress’ proposed construction of an interstate high speed passenger rail system between Victorville, CA, and Las Vegas, NV. No responses to the petition have been filed. The Board seeks public comment on this issue. DATES: Comments are due October 16, 2006. Replies are due November 6, 2006. ADDRESSES: Send an original and 10 copies of any comments, referring to STB Finance Docket No. 34914, to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, send one copy of comments to DesertXpress’ representative, Linda Morgan, Covington & Burling LLP, 1201 Pennsylvania Avenue, NW., Washington, DC 20004–2401. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565–1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: 1– 800–877–8339]. SUPPLEMENTARY INFORMATION: DesertXpress’ petition for declaratory order concerns its proposed project to construct an approximately 200-mile interstate high speed passenger rail system between Victorville and Las Vegas. Petitioner states that the project will involve the construction of significant lengths of new track and ancillary facilities, including two passenger stations and a 50-acre train maintenance and storage facility and operations center. DesertXpress states that the proposed route is planned alongside or within the median of Interstate 15 and will provide an alternative to automobile travel on that interstate. Petitioner anticipates that the project will utilize European high-speed trains which, traveling at speeds up to 125 miles per hour, will travel between the two termini in under 105 minutes. According to petitioner, it has already initiated the Federal environmental review process, met with the Federal Railroad Administration (FRA) about the project, coordinated with the Board and FRA in the preparation of an Environmental Impact Statement, and entered into a Memorandum of Understanding with FRA and the Board. E:\FR\FM\31AUN1.SGM 31AUN1 51886 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices DesertXpress adds that, in the near future, it will seek from the Board the necessary authority to construct the new line and related facilities and to conduct rail operations over the line. DesertXpress argues that this project presumptively falls within the Board’s jurisdiction over transportation by rail carriers as set forth at 49 U.S.C. 10901 and 10501. Petitioner therefore seeks an order from the Board declaring that this project is not subject to state and local environmental review, land use restrictions, and other discretionary permitting requirements in California and Nevada, including the California Environmental Quality Act, because they would impinge upon the federal regulation of interstate commerce. DesertXpress also asks that the Board act on this petition expeditiously to allow the project to advance as quickly and efficiently as possible. Under 5 U.S.C. 554(e), the Board has discretionary authority to issue a declaratory order to terminate a controversy or remove uncertainty. A declaratory order proceeding is thus instituted in this proceeding to invite broad public comment. Any person seeking to participate in support of, or in opposition to, DesertXpress’s proposal is invited to submit written comments to the Board regarding whether the agency’s jurisdiction preempts state and local environmental review, land use restrictions, and other discretionary permitting requirements that might otherwise apply. Board decisions, notices, and filings in this and other Board proceedings are available on our Web site at http:// www.stb.dot.gov. Decided: August 25, 2006. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 06–7349 Filed 8–30–06; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–6 (Sub-No. 442X)] erjones on PROD1PC72 with NOTICES BNSF Railway Company— Abandonment Exemption—in Boulder County, CO BNSF Railway Company (BNSF) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments to abandon a 1.13-mile line of railroad extending between milepost 36.72 and milepost 35.59, near Longmont, in Boulder County, CO. The VerDate Aug<31>2005 15:29 Aug 30, 2006 Jkt 208001 line traverses United States Postal Service Zip Code 80501. BNSF has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line to be rerouted; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on September 30, 2006, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by September 11, 2006. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by September 20, 2006, with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to BNSF’s representative: Sidney L. Strickland, Jr., Sidney Strickland and Associates, PLLC, 3050 K Street, NW., Suite 101, Washington, DC 20007. If the verified notice contains false or misleading information, the exemption is void ab initio. BNSF has filed a combined environmental report and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by September 5, 2006. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by BNSF’s filing of a notice of consummation by August 31, 2007, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: August 23, 2006. By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6–14409 Filed 8–30–06; 8:45 am] BILLING CODE 4915–01–P 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Notices]
[Pages 51885-51886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7349]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34914]


DesertXpress Enterprises, LLC--Petition for Declaratory Order

AGENCY: Surface Transportation Board, DOT.

ACTION: Institution of declaratory order proceeding; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: In response to a petition filed by DesertXpress Enterprises, 
LLC (DesertXpress), the Board is instituting a declaratory order 
proceeding under 5 U.S.C. 554(e) and 49 U.S.C. 721 to determine whether 
the Board's jurisdiction preempts state and local environmental review, 
land use restrictions, and other discretionary permitting requirements 
that might otherwise apply to DesertXpress' proposed construction of an 
interstate high speed passenger rail system between Victorville, CA, 
and Las Vegas, NV. No responses to the petition have been filed. The 
Board seeks public comment on this issue.

DATES: Comments are due October 16, 2006. Replies are due November 6, 
2006.

ADDRESSES: Send an original and 10 copies of any comments, referring to 
STB Finance Docket No. 34914, to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to DesertXpress' representative, Linda Morgan, Covington & 
Burling LLP, 1201 Pennsylvania Avenue, NW., Washington, DC 20004-2401.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: 1-800-877-8339].

SUPPLEMENTARY INFORMATION: DesertXpress' petition for declaratory order 
concerns its proposed project to construct an approximately 200-mile 
interstate high speed passenger rail system between Victorville and Las 
Vegas. Petitioner states that the project will involve the construction 
of significant lengths of new track and ancillary facilities, including 
two passenger stations and a 50-acre train maintenance and storage 
facility and operations center. DesertXpress states that the proposed 
route is planned alongside or within the median of Interstate 15 and 
will provide an alternative to automobile travel on that interstate. 
Petitioner anticipates that the project will utilize European high-
speed trains which, traveling at speeds up to 125 miles per hour, will 
travel between the two termini in under 105 minutes.
    According to petitioner, it has already initiated the Federal 
environmental review process, met with the Federal Railroad 
Administration (FRA) about the project, coordinated with the Board and 
FRA in the preparation of an Environmental Impact Statement, and 
entered into a Memorandum of Understanding with FRA and the Board.

[[Page 51886]]

DesertXpress adds that, in the near future, it will seek from the Board 
the necessary authority to construct the new line and related 
facilities and to conduct rail operations over the line.
    DesertXpress argues that this project presumptively falls within 
the Board's jurisdiction over transportation by rail carriers as set 
forth at 49 U.S.C. 10901 and 10501. Petitioner therefore seeks an order 
from the Board declaring that this project is not subject to state and 
local environmental review, land use restrictions, and other 
discretionary permitting requirements in California and Nevada, 
including the California Environmental Quality Act, because they would 
impinge upon the federal regulation of interstate commerce. 
DesertXpress also asks that the Board act on this petition 
expeditiously to allow the project to advance as quickly and 
efficiently as possible.
    Under 5 U.S.C. 554(e), the Board has discretionary authority to 
issue a declaratory order to terminate a controversy or remove 
uncertainty. A declaratory order proceeding is thus instituted in this 
proceeding to invite broad public comment. Any person seeking to 
participate in support of, or in opposition to, DesertXpress's proposal 
is invited to submit written comments to the Board regarding whether 
the agency's jurisdiction preempts state and local environmental 
review, land use restrictions, and other discretionary permitting 
requirements that might otherwise apply.
    Board decisions, notices, and filings in this and other Board 
proceedings are available on our Web site at http://www.stb.dot.gov.

    Decided: August 25, 2006.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-7349 Filed 8-30-06; 8:45 am]
BILLING CODE 4915-01-P