49 C.f.r. 1155

CFR-2013-title49-vol8-part1155.pdf

Applications for Land-Use-Exemption Permits

49 C.F.R. 1155

OMB: 2140-0018

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Surface Transportation Board, DOT

§ 1155.2

Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or
refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may
be directed to the Board’s Section of Environmental Analysis.
An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by the Section of Environmental Analysis will be served upon all parties of record and upon any agencies or other
persons who commented during its preparation. Any other persons who would like to
obtain a copy of the EA (or EIS) may contact
the Section of Environmental Analysis. EAs
in these abandonment proceedings normally
will be made available within 60 days of the
filing of the petition. The deadline for submission of comments on the EA will generally be within 30 days of its service.

(d) A petitioner for an abandonment
exemption must serve a copy of the petition on the persons receiving notices
of exemption under § 1152.50(d). The petition must include the following statement: ‘‘Based on information in our
possession, the line (does) (does not)
contain federally granted right-of-way.
Any documentation in petitioner’s possession will be made available promptly to those requesting it.’’
(e) As Provided in § 1152.29(e)(2), rail
carriers that receive authority to abandon a line by individual exemption
under 49 U.S.C. 10502 must file with the
Board a notice that abandonment has
been consummated.
[61 FR 67883, Dec. 24, 1996, as amended at 62
FR 34670, June 27, 1997]

PART 1155—SOLID WASTE RAIL
TRANSFER FACILITIES
Subpart A—General
Sec.
1155.1
1155.2

Purpose and scope.
Definitions.

Subpart B—Procedures Governing Petitions
To Require a Facility in Existence on
October 16, 2008, To Apply for a LandUse-Exemption Permit
1155.10
1155.11
1155.12

Contents of petition.
Filing and service of petition.
Participation in petition procedures.

1155.13 Board determination with respect to
a Governor’s petition.

Subpart C—Procedures Governing Applications for a Land-Use-Exemption Permit
1155.20 Notice of intent to apply for a landuse-exemption permit.
1155.21 Contents of application.
1155.22 Filings and service of application.
1155.23 Participation in application proceedings.
1155.24 Environmental review.
1155.25 Transfer and termination of a landuse-exemption permit.
1155.26 Board determinations under 49
U.S.C. 10909.
1155.27 Petitions to modify, amend, or revoke a land-use-exemption permit.
APPENDIX A TO PART 1155—FORM NOTICE OF
INTENT TO APPLY
APPENDIX B TO PART 1155—FORM FEDERAL
REGISTER NOTICE
AUTHORITY: 49 U.S.C. 721(a), 10908, 10909,
10910.
SOURCE: 77 FR 69774, Nov. 21, 2012, unless
otherwise noted.

PART 1155—SOLID WASTE RAIL
TRANSFER FACILITIES
Subpart A—General
§ 1155.1 Purpose and scope.
49 U.S.C. 10501(c)(2)(B) excludes solid
waste rail transfer facilities from the
Board’s jurisdiction except as provided
under 49 U.S.C. 10908 and 10909. Sections 10908 and 10909 provide the Board
authority to issue land-use-exemption
permits for solid waste rail transfer facilities when certain conditions are
met. The regulations in this part concern land-use-exemption permits and
the Board’s standard for review.
§ 1155.2 Definitions.
(a) Unless otherwise provided in the
text of these regulations, the following
definitions apply in this part:
(1) Commercial and retail waste means
material discarded by stores, offices,
restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments
or facilities.
(2) Construction and demolition debris
means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition
operations
on
pavements,

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