Appendix A to Part 1155 - Form Notice of Intent To Apply
49:8.1.1.2.68.3.7.9.4 : Appendix A
Appendix A to Part 1155 - Form Notice of Intent To Apply
Docket No. FD __(Sub-No. __)
Notice of Intent to apply for a land-use-exemption permit for a
solid waste rail transfer facility.
(Name of Applicant) gives notice that on or about (insert date
application will be filed with the Board) it intends to file with
the Surface Transportation Board, 395 E Street SW., Washington, DC
20423, an application for a land-use-exemption permit for a solid
waste rail transfer facility as defined in 49 U.S.C. 10908(e)(1)(H)
and 49 CFR 1155.2. The solid waste rail transfer facility, owned by
(name of owner), and operated by (name of operator), is located at
(full address, or, if not available, provide city, state, and
United States Postal Service ZIP code). The solid waste rail
transfer facility is located on a (name of rail carrier) line of
railroad known as ____ at milepost ____ between (station name) at
milepost ____ and (station name) at milepost ____.
The reason(s) for the proposed permit application is (are) ____
(explain briefly and clearly the activities undertaken, or proposed
to be undertaken, by the applicant at the solid waste rail transfer
facility. Describe the specific state and local laws, regulations,
orders or other requirements affecting siting from which the
applicant requests entire or partial exemption and any action that
the state, local, or municipal authority has taken affecting the
siting of the facility. Also, if applicant is not the rail carrier,
provide the name of the rail carrier that owns or operates the
facility or has the facility operated on its behalf.)
(Include this paragraph for facilities not in existence on
October 16, 2008). Applicant certifies that, based on information
in its possession, the facility is not proposed to be located on
land within any unit of or land affiliated with the National Park
System, the National Wildlife Refuge System, the National
Wilderness Preservation System, the National Trails System, the
National Wild and Scenic Rivers System, a National Reserve, or a
National Monument. Applicant further certifies that the facility is
not proposed to be located on lands referenced in The Highlands
Conservation Act, Public Law 108-421, for which a state has
implemented a conservation management plan (or, The facility is
consistent with the restrictions implemented by (state) under The
Highlands Conservation Act, Public Law 108-421, placed at its
proposed location). Any relevant documentation in the railroad's
possession on these issues will be made available promptly to those
requesting it.
(For facilities already in existence on October 16, 2008,
address the extent to which the facility is or is not located in
any of these types of lands, and to the extent that it is so
located address any relevant criteria, and so certify.)
The application containing the information set forth at 49 CFR
1155.21 will include the applicant's case for the granting of the
land-use-exemption permit. Any interested person, after the
application is filed on (insert date), may file with the Surface
Transportation Board initial comments concerning the application
within 45 days after the application is filed.
The party's initial comments should contain that party's initial
arguments in support or opposition based on the information
available at that point including the following, as
appropriate:
(1) Name, address, and organizational affiliation.
(2) A statement describing commenter's interest in the
proceeding, including information concerning the organization or
public interest the commenter represents.
(3) Specific reasons why commenter supports or opposes the
application, taking into account the standards for the Board's
review and consideration provided in 49 U.S.C. 10909(c), (d), and
the Board's regulations at 49 CFR 1155.27.
(4) If the applicant files under 49 CFR 1155.22, specific
reasons why commenter supports or opposes the Board's accepting the
application.
(5) Any rebuttal of material submitted by applicant.
The parties' initial comments will be considered by the Board in
determining what disposition to make of the application. Parties
seeking further information concerning the filing of comments
should refer to 49 CFR 1155.24.
Interested persons also will have the opportunity to provide
detailed comments during the Board's environmental review under the
National Environmental Policy Act. 49 CFR 1105.10 and 49 CFR
1155.25. Questions concerning the environmental review process or
potential environmental issues may be directed to the Board's
Office of Environmental Analysis (OEA). After the close of the
environmental review, interested parties may file final comments on
how the information developed during the environmental review
should be weighed by the Board in determining whether to grant the
requested land-use-exemption permit. See 49 CFR part 1155
for details on these processes.
All comments should indicate the proceeding designation Docket
No. FD __ (Sub-No. __). Initial comments must be filed with the
Chief, Section of Administration, Office of Proceedings, Surface
Transportation Board, 395 E Street SW., Washington, DC 20423, no
later than (insert the date 45 days after the date applicant
intends to file its application). A copy of each comment shall be
served upon the representative of the applicant (insert name,
address, and phone number). Except as otherwise set forth in 49 CFR
part 1155, each document filed with the Board must be served on all
parties to the land-use-exemption-permit proceeding. See 49
CFR 1104.12(a).
Persons seeking further information concerning
land-use-exemption-permit procedures may contact the Surface
Transportation Board or refer to 49 U.S.C. 10908, 10909, and the
full land-use-exemption-permit regulations at 49 CFR part 1155.
A copy of the application will be available for public
inspection on or after (insert date the land-use-exemption-permit
application is to be filed with Board) and will be available on the
Board's Web site at www.stb.gov. The applicant shall furnish
a copy of the application to any interested person proposing to
file a comment, upon request.
[77 FR 69774, Nov. 21, 2012, as amended at 83 FR 15080, Apr. 9,
2018]