Boston and Maine Corporation and Springfield Terminal Railroad Company-Petition for Declaratory Order, 41497 [2013-16549]

Download as PDF Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices Privacy Act Statement DEPARTMENT OF TRANSPORTATION Anyone may search the electronic form of comments received in response to any of our dockets by the name of the individual who submitted the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Surface Transportation Board Information on Services for Individuals With Disabilities The Boston and Maine Corporation and Springfield Terminal Railway Company (collectively, Pan Am), filed a petition for declaratory order on July 1, 2013 (Petition), requesting that the Board declare that 49 U.S.C. 10501(b) preempts actions taken by the Town of Winchester (the Town) to ban certain rail transportation conducted by Pan Am. For the reasons discussed below, a declaratory order proceeding will be instituted and an expedited procedural schedule will be adopted. The Petition requests that the Board find that the Town is preempted from enforcing a zoning decision and an order, each of which would prevent Pan Am from providing freight rail transportation to a warehouse in the Town. According to Pan Am, it provides common carrier rail transportation to the warehouse, through the Montvale Yard, on behalf of shippers, and it holds out this transportation service to the public. The zoning decision states that the Montvale Yard ‘‘is being used as a freight yard which is not allowed’’ pursuant to municipal zoning laws.1 The order requires all rail traffic to the warehouse ‘‘to immediately cease and desist.’’ 2 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, a controversy exists as to whether enforcement of the Town’s zoning laws is preempted under 49 U.S.C. 10501(b). Therefore, a declaratory order proceeding will be instituted, and the Board will consider this matter under the modified procedure rules at 49 CFR pt. 1112. Pan Am states that the Town has announced plans to seek a state court injunction to enforce its cease and desist order, with a hearing on the motion to be set for the week of July 22, 2013. Pan Am further states that the Town rejected a request to hold state court proceedings in abeyance to allow Pan Am’s Petition to be considered by the Board. In a letter filed July 3, 2013, the Town indicates that it will reply to the Petition on or before July 22 and asserts that ‘‘there is no emergency requiring the Board’s For information on facilities or services for individuals with disabilities, or to seek special assistance at the meeting, please contact Cheryl Whetsel at 202–366–4431 by July 22, 2013. For information about the meeting, contact Cheryl Whetsel by phone at 202–366– 4431 or by email at cheryl.whetsel@dot.gov. FOR FURTHER INFORMATION CONTACT: Members of the public may attend and make a statement during the advisory committee meeting. If you intend to make a statement, please notify PHMSA in advance by forwarding an email to cheryl.whetsel@dot.gov by July 22, 2013. SUPPLEMENTARY INFORMATION: Committee Background The GPAC and LPAC are statutorily mandated advisory committees that advise PHMSA on proposed safety standards, risks assessments, and safety policies for natural gas pipelines and for hazardous liquid pipelines. Both committees were established under the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C. App. 1) and the pipeline safety law (49 U.S.C. Chap. 601). Each committee consists of 15 members—with membership evenly divided among the Federal and state government, the regulated industry, and the public. The committees advise PHMSA on the technical feasibility, practicability, and cost-effectiveness of each proposed pipeline safety standard. TKELLEY on DSK3SPTVN1PROD with NOTICES Agenda On Thursday, August 8, 2013, from 9:00 a.m. to 5:00 p.m. and on August 9, 2013, from 9:00 a.m. to 12:00 p.m. the GPAC and LPAC will hold joint meetings. A detailed Agenda will be published on the PHMSA (DOT) Web site. Authority: 49 U.S.C. 60102, 60115; 60118. Issued in Washington, DC on July 3, 2013. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [Docket No. FD 35749] Boston and Maine Corporation and Springfield Terminal Railroad Company—Petition for Declaratory Order [FR Doc. 2013–16513 Filed 7–9–13; 8:45 am] 1 Pet., BILLING CODE 4910–60–P 2 Id. VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 PO 00000 Ex. B at 2. at 4 (Amended Decision After Remand). Frm 00146 Fmt 4703 Sfmt 4703 41497 immediate action’’ because no petition for a temporary restraining order or preliminary injunction ‘‘as yet has been filed’’ with the state court. But there remains a cease and desist order issued by the Town that purports to ban all rail transportation to the warehouse. Moreover, the Town does not dispute Pan Am’s assertion that the Town had announced plans to seek state court action on the schedule Pan Am claims, nor does it commit to refraining from these actions or consenting to abeyance of the state court proceedings. Therefore, an expedited procedural schedule will be adopted, with replies to the Petition due by July 10, 2013. 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. 2. Replies to the Petition are due by July 10, 2013. 3. This decision is effective on its service date. Decided: July 3, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–16549 Filed 7–9–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review, Comment Request Notice and request for comments. ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on one new proposed information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104– 13 (44 U.S.C. 3506(c)(2)(A)). The new clearance will allow the Office of Financial Stability, within the Department of the Treasury, to collect information from homeowners that have received mortgage modifications under the Home Affordable Modification Program (HAMP), in order to study the performance of HAMP modifications. DATES: Written comments should be received on or before September 9, 2013 to be assured of consideration. ADDRESSES: Comments regarding these information collections should be addressed to the Department of the SUMMARY: E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Page 41497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16549]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35749]


Boston and Maine Corporation and Springfield Terminal Railroad 
Company--Petition for Declaratory Order

    The Boston and Maine Corporation and Springfield Terminal Railway 
Company (collectively, Pan Am), filed a petition for declaratory order 
on July 1, 2013 (Petition), requesting that the Board declare that 49 
U.S.C. 10501(b) preempts actions taken by the Town of Winchester (the 
Town) to ban certain rail transportation conducted by Pan Am. For the 
reasons discussed below, a declaratory order proceeding will be 
instituted and an expedited procedural schedule will be adopted.
    The Petition requests that the Board find that the Town is 
preempted from enforcing a zoning decision and an order, each of which 
would prevent Pan Am from providing freight rail transportation to a 
warehouse in the Town. According to Pan Am, it provides common carrier 
rail transportation to the warehouse, through the Montvale Yard, on 
behalf of shippers, and it holds out this transportation service to the 
public. The zoning decision states that the Montvale Yard ``is being 
used as a freight yard which is not allowed'' pursuant to municipal 
zoning laws.\1\ The order requires all rail traffic to the warehouse 
``to immediately cease and desist.'' \2\
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    \1\ Pet., Ex. B at 2.
    \2\ Id. at 4 (Amended Decision After Remand).
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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, a controversy exists as to whether 
enforcement of the Town's zoning laws is preempted under 49 U.S.C. 
10501(b). Therefore, a declaratory order proceeding will be instituted, 
and the Board will consider this matter under the modified procedure 
rules at 49 CFR pt. 1112.
    Pan Am states that the Town has announced plans to seek a state 
court injunction to enforce its cease and desist order, with a hearing 
on the motion to be set for the week of July 22, 2013. Pan Am further 
states that the Town rejected a request to hold state court proceedings 
in abeyance to allow Pan Am's Petition to be considered by the Board. 
In a letter filed July 3, 2013, the Town indicates that it will reply 
to the Petition on or before July 22 and asserts that ``there is no 
emergency requiring the Board's immediate action'' because no petition 
for a temporary restraining order or preliminary injunction ``as yet 
has been filed'' with the state court. But there remains a cease and 
desist order issued by the Town that purports to ban all rail 
transportation to the warehouse. Moreover, the Town does not dispute 
Pan Am's assertion that the Town had announced plans to seek state 
court action on the schedule Pan Am claims, nor does it commit to 
refraining from these actions or consenting to abeyance of the state 
court proceedings. Therefore, an expedited procedural schedule will be 
adopted, with replies to the Petition due by July 10, 2013.
    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.
    2. Replies to the Petition are due by July 10, 2013.
    3. This decision is effective on its service date.

    Decided: July 3, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-16549 Filed 7-9-13; 8:45 am]
BILLING CODE 4915-01-P

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