Federal Register: October 13, 2009 (Volume 74, Number 196)
DOCID: fr13oc09-111 FR Doc E9-24519
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
STB ID: [STB Ex Parte No. 693]
NOTICE: NOTICES
DOCID: fr13oc09-111
DOCUMENT ACTION: Notice of oral argument.
SUBJECT CATEGORY:
Oral Argument
DOCUMENT SUMMARY:
The Surface Transportation Board will hold oral argument on Tuesday, October 27, 2009, at 9:30 a.m., at its offices in Washington, DC, regarding two cases, STB Docket No. 42104, Entergy Arkansas, Inc. and Entergy Services, Inc. v. Union Pacific Railroad Company and Missouri & Northern Arkansas Railroad Company, Inc., and STB Finance Docket No. 34914, DesertXpress Enterprises, LLCPetition for Declaratory Order.
Date/Location: Oral argument will begin at 9:30 a.m., Tuesday, October 27, 2009, at the Board's offices at 395 E Street, SW., Washington, DC. A video broadcast of the oral argument will be available via the Board's Web site at http://www.stb.dot.gov, under ``Information Center''/``Web cast''/``Live Video'' on the home page.
SUMMARY:
Oral Argument
SUPPLEMENTAL INFORMATION
In STB Docket No. 42104, Entergy Arkansas, Inc., and Entergy Services, Inc. (collectively, Entergy), coowners of a coalfired utility plant, seek the prescription of a through route (or routes) directing the Missouri & Northern Arkansas Railroad Company, Inc. (MNA) and/or Union Pacific Railroad Company (UP) to interchange traffic with a longhaul carrier other than UP in order to provide adequate and more economic or efficient transportation of coal from Powder River Basin mines to the utility plant near Newark, AR. MNA has filed a motion to dismiss Entergy's complaint and a motion to require Entergy to make the complaint more definite. The Board will hold an oral argument on those two motions.
In STB Finance Docket No. 34914, DesertXpress, a private entity,
asked the Board to issue a declaratory order that the construction and
operation of its proposed interstate, passengerrail system between
Victorville, CA, and Las Vegas, NV, would be within the Board's
jurisdiction under 49 U.S.C. 10501(a) and therefore the Federal preemption of
[[Page 52527]]
49 U.S.C. 10501(b) would apply and preempt most State and local laws.
By decision served on June 27, 2007, the Board found that the proposed
passengerrail system would be within the Board's exclusive
jurisdiction, would require Board authority under 49 U.S.C. 10901, and,
if such authority were granted, Federal preemption would apply.
CaliforniaNevada Super Speed Train Commission, a bistate commission
and an agency of the State of Nevada, and its privatesector partner,
American Magline Group, jointly petitioned to intervene and reopen the
2007 declaratory order, arguing that, because DesertXpress's rail
system would not transport any freight or connect to lines on which
freight is transported, the Board erred in determining that the line
would be part of the interstate rail network and thus subject to its
jurisdiction. The Board will hear argument on that petition to intervene and reopen.
The Board will hear argument regarding the abovementioned proceedings on October 27, 2009. The Board will provide further procedural guidance, including the time allotted for each party to present its argument, in a future decision. The oral argument will be open for public observation, but only counsel for the parties will be permitted to present argument.
The Board will hold another oral argument on Monday, November 23, 2009 at 9:30 a.m. The cases to be argued then will be announced by decision at a later date.
This action will not significantly affect either the quality of the human environment or the conservation of energy resources.
Dated: October 7, 2009.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E924519 Filed 10909; 8:45 am]
BILLING CODE 491501P
FOR FURTHER INFORMATION CONTACT
Timothy Strafford, (202) 245-0356. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at: (800) 8778339.