Diana Del Grosso, Ray Smith, Joseph Hatch, Cheryl Hatch, Kathleen Kelley, Andrew Wilklund, and Richard Kosiba-Petition for Declaratory Order, 6173 [2013-01800]

Download as PDF Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices DEPARTMENT OF TRANSPORTATION 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 Order Surface Transportation Board, Transportation. ACTION: Institution of declaratory order proceeding; establishment of procedural schedule. AGENCY: 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 EFILING link on the Board’s Web site, at https://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). srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 16:47 Jan 28, 2013 Jkt 229001 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 Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–01800 Filed 1–28–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request January 24, 2013. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before February 28, 2013 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 6173 of the information collection, including suggestion for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@OMB.EOP.GOV and (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request maybe found at www.reginfo.gov. Financial Crimes Enforcement Network (FinCEN) OMB Number: 1506–0018. Type of Review: Revision of a currently approved collection. Title: Report of Cash Payment Over $10,000 Received in a Trade or Business. Form: FinCEN 8300. Abstract: Anyone in a trade or business who, in the course of such trade or business, receives more than $10,000 in cash or foreign currency in one or more related transactions must report it to the IRS and provide a statement to the payor. Any transaction which must be reported under Title 31 on FinCEN Form 104 is exempted from reporting the same transaction on Form 8300. The USA Patriot Act of 2001 (Pub. L. 107–56) authorized the Financial Crimes Enforcement Network to collect the information reported on Form 8300. Affected Public: Private sector: Businesses or other for-profits, farms. Estimated Total Burden Hours: 114,000. OMB Number: 1506–0064. Type of Review: Revision of a currently approved collection. Title: Bank Secrecy Act Currency Transaction Report (BSA–CTR). Form: FinCEN 112. Abstract: The collection of the information contained on the Bank Secrecy Act Currency Transaction Report (FinCEN Report 112) is authorized by statute (31 U.S.C. 5313(a)) and required by regulation (31 CFR 1010.311 and 1010.313). The regulation requires the reporting of transactions in currency by, through, or to a financial institution in excess of $10,000 during a single day. Affected Public: Private sector: Businesses or other for-profits, not-forprofit institutions. Estimated Total Burden Hours: 10,193,539. E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

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



[[Page 6173]]

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DEPARTMENT OF TRANSPORTATION

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 
Order

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 https://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 
Proceedings.

Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-01800 Filed 1-28-13; 8:45 am]
BILLING CODE 4915-01-P

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