DOT 49 CFR PART 1105-2010 PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS.pdf

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1、104 49 CFR Ch. X (10110 Edition) Pt. 1105 I lll (Name) lll, certify under pen-alty of perjury under the laws of the United States, that I have not been convicted, after September 1, 1989, of any Federal or State of-fense involving the distribution or possession of a controlled substance, or that if

2、I have been so convicted, I am not ineligible to re-ceive Federal Benefits, either by court order or by operation of law, pursuant to 21 U.S.C. 862. 54 FR 48250, Nov. 22, 1989, as amended at 61 FR 52711, Oct. 8, 1996; 64 FR 53268, Oct. 1, 1999; 67 FR 5515, Feb. 6, 2002 PART 1105PROCEDURES FOR IM-PLE

3、MENTATION OF ENVIRON-MENTAL LAWS Sec. 1105.1 Purpose. 1105.2 Responsibility for administration of these rules. 1105.3 Information and assistance. 1105.4 Definitions. 1105.5 Determinative criteria. 1105.6 Classification of actions. 1105.7 Environmental reports. 1105.8 Historic reports. 1105.9 Coastal

4、 Zone Management Act re-quirements. 1105.10 Board procedures. 1105.11 Transmittal letter for Applicants Report. 1105.12 Sample newspaper notices for aban-donment exemption cases. AUTHORITY: 16 U.S.C. 470f, 1456, and 1536; 42 U.S.C. 4332 and 6362(b); and 49 U.S.C. 701 note (1995) (Savings Provisions)

5、, 721(a), 10502, and 1090310905. SOURCE: 56 FR 36105, July 31, 1991, unless otherwise noted. 1105.1 Purpose. These rules are designed to assure adequate consideration of environ-mental and energy factors in the Boards decisionmaking process pursu-ant to the National Environmental Policy Act, 42 U.S.

6、C. 4332; the Energy Policy and Conservation Act, 42 U.S.C. 6362(b); and related laws, including the National Historic Preservation Act, 16 U.S.C. 470f, the Coastal Zone Manage-ment Act, 16 U.S.C. 1451, and the En-dangered Species Act, 16 U.S.C. 1531. 1105.2 Responsibility for administra-tion of thes

7、e rules. The Director of the Office of Econom-ics, Environmental Analysis, and Ad-ministration shall have general respon-sibility for the overall management and functioning of the Section of Envi-ronmental Analysis. The Director is delegated the authority to sign, on be-half of the Board, memoranda

8、of agree-ment entered into pursuant to 36 CFR 800.5(e)(4) regarding historic preserva-tion matters. The Chief of the Section of Environmental Analysis is respon-sible for the preparation of documents under these rules and is delegated the authority to provide interpretations of the Boards NEPA proce

9、ss, to render initial decisions on requests for waiver or modification of any of these rules for individual proceedings, and to rec-ommend rejection of environmental re-ports not in compliance with these rules. This delegated authority shall be used only in a manner consistent with Board policy. The

10、 Director may further delegate procedural authority to the Chief of the Section of Environmental Analysis as appropriate. Appeals to the Board will be available as a matter of right. 56 FR 36105, July 31, 1991, as amended at 64 FR 53268, Oct. 1, 1999 1105.3 Information and assistance. Information an

11、d assistance regarding the rules and the Boards environ-mental and historic review process is available by writing or calling the Sec-tion of Environmental Analysis, Sur-face Transportation Board, 1925 K Street, NW, Washington, DC 20423. 64 FR 53268, Oct. 1, 1999 1105.4 Definitions. In addition to t

12、he definitions con-tained in the regulations of the Council on Environmental Quality (40 CFR part 1508), the following definitions apply to these regulations: (a) Act means the Interstate Com-merce Act, Subtitle IV of Title 49, U.S. Code, as amended. (b) Applicant means any person or en-tity seeking

13、 Board action, whether by application, petition, notice of exemp-tion, or any other means that initiates a formal Board proceeding. (c) Board means the Surface Trans-portation Board. (d) Environmental Assessment or EA means a concise public document for which the Board is responsible that VerDate Ma

14、r2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-105 Surface Transportation Board, DOT 1105.6 contains sufficient inform

15、ation for de-termining whether to prepare an Envi-ronmental Impact Statement or to make a finding of no significant envi-ronmental impact. (e) Environmental documentation means either an Environmental Impact Statement or an Environmental As-sessment. (f) Environmental Impact Statement or EIS means t

16、he detailed written statement required by the National En-vironmental Policy Act, 42 U.S.C. 4332(2)(c), for a major Federal action significantly affecting the quality of the human environment. (g) Environmental Report means a doc-ument filed by the applicant(s) that: (1) Provides notice of the propo

17、sed action; and (2) Evaluates its environmental im-pacts and any reasonable alternatives to the action. An environmental report may be in the form of a proposed draft Environmental Assessment or proposed draft Environmental Impact State-ment. (h) Filing means any request for STB authority, whether b

18、y application, pe-tition, notice of exemption, or any other means that initiates a formal Board proceeding. (i) Section of Environmental Analysis or SEA means the Section that pre-pares the Boards environmental docu-ments and analyses. (j) Third-Party Consultant means an independent contractor, util

19、ized by the applicant, who works with SEAs ap-proval and under SEAs direction to prepare any necessary environmental documentation. The third party con-sultant must act on behalf of the Board. The railroad may participate in the selection process, as well as in the subsequent preparation of environ-

20、mental documents. However, to avoid any impermissible conflict of interest (i.e., essentially any financial or other interest in the outcome of the railroad- sponsored project), the railroad may not be responsible for the selection or control of independent contractors. 56 FR 36105, July 31, 1991, a

21、s amended at 64 FR 53268, Oct. 1, 1999 1105.5 Determinative criteria. (a) In determining whether a major Federal action (as that term is de-fined by the Council on Environmental Quality in 40 CFR 1508.18) has the po-tential to affect significantly the qual-ity of the human environment, the Board is

22、guided by the definition of significantly at 40 CFR 1508.27. (b) A finding that a service or trans-action is not within the STBs jurisdic-tion does not require an environmental analysis under the National Environ-mental Policy Act or historic review under the National Historic Preserva-tion Act. (c)

23、 The environmental laws are not triggered where the STBs action is nothing more than a ministerial act, as in: (1) The processing of abandonments proposed under the Northeast Rail Services Act (45 U.S.C. 744(b)(3); (2) Statutorily-authorized interim trail use arrangements under 16 U.S.C. 1247(d) see

24、, 49 CFR 1152.29; or (3) Financial assistance arrange-ments under 49 U.S.C. 10905 (see 49 CFR 1152.27). Finally, no environmental analysis is necessary for abandonments that are authorized by a bankruptcy court, or transfers of rail lines under plans of re-organization, where our function is merely

25、advisory under 11 U.S.C. 1166, 1170, and 1172. 56 FR 36105, July 31, 1991; 56 FR 49821, Oct. 1, 1991 1105.6 Classification of actions. (a) Environmental Impact State-ments will normally be prepared for rail construction proposals other than those described in paragraph (b)(1) of this section. (b) En

26、vironmental Assessments will normally be prepared for the following proposed actions: (1) Construction of connecting track within existing rail rights-of-way, or on land owned by the connecting rail-roads; (2) Abandonment of a rail line (unless proposed under the Northeast Rail Services Act or the B

27、ankruptcy Act); (3) Discontinuance of passenger train service or freight service (except for discontinuances of freight service under modified certificates issued under 49 CFR 1150.21 and discontinuances of trackage rights VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00115 Fmt 8010 Sfm

28、t 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-106 49 CFR Ch. X (10110 Edition) 1105.6 where the affected line will continue to be operated); (4) An acquisition, lease or operation unde

29、r 49 U.S.C. 10901 or 10910, or con-solidation, merger or acquisition of control under 49 U.S.C. 11343, if it will result in either (i) Operational changes that would exceed any of the thresholds estab-lished in 1105.7(e) (4) or (5); or (ii) An action that would normally require environmental documen

30、tation (such as a construction or abandon-ment); (5) A rulemaking, policy statement, or legislative proposal that has the po-tential for significant environmental impacts; (6) Water carrier licensing under 49 U.S.C. 10922 that: (i) Involves a new operation (i.e., one that adds a significant number o

31、f barges to the inland waterway system requiring the addition of towing capac-ity, or otherwise significantly alters an existing operation, or introduces serv-ice to a new waterway that has had no previous traffic, or involves the com-mencement of a new service that is not statutorily exempt); or (i

32、i) Involves the transportation of hazardous materials; and (7) Any other proceeding not listed in paragraphs (a) or (c) of this section. (c) No environmental documentation will normally be prepared (although a Historic Report may be required under section 1105.8) for the following ac-tions: (1) Moto

33、r carrier, broker, or freight forwarder licensing and water carrier licensing not included in section 1105.6(b)(6); (2) Any action that does not result in significant changes in carrier oper-ations (i.e., changes that do not exceed the thresholds established in section 1105.7(e) (4) or (5), includin

34、g (but not limited to) all of the following actions that meet this criterion: (i) An acquisition, lease, or operation under 49 U.S.C. 10901 or 10910, or con-solidation, merger, or acquisition of control under 49 U.S.C. 11343 that does not come within subsection (b)(4) of this section. (ii) Transacti

35、ons involving corporate changes (such as a change in the own-ership or the operator, or the issuance of securities or reorganization) includ-ing grants of authority to hold position as an officer or director; (iii) Declaratory orders, interpreta-tion or clarification of operating au-thority, substit

36、ution of an applicant, name changes, and waiver of lease and interchange regulations; (iv) Pooling authorizations, approval of rate bureau agreements, and ap-proval of shipper antitrust immunity; (v) Approval of motor vehicle rental contracts, and self insurance; (vi) Determinations of the fact of c

37、ompetition; (3) Rate, fare, and tariff actions; (4) Common use of rail terminals and trackage rights; (5) Discontinuance of rail freight service under a modified certificate issued pursuant to 49 CFR 1150.21; (6) Discontinuance of trackage rights where the affected line will continue to be operated;

38、 and (7) A rulemaking, policy statement, or legislative proposal that has no po-tential for significant environmental impacts. (d) The Board may reclassify or mod-ify these requirements for individual proceedings. For actions that generally require no environmental documenta-tion, the Board may deci

39、de that a par-ticular action has the potential for sig-nificant environmental impacts and that, therefore, the applicant should provide an environmental report and either an EA or an EIS will be pre-pared. For actions generally requiring an EA, the Board may prepare a full EIS where the probability

40、of signifi-cant impacts from the particular pro-posal is high enough to warrant an EIS. Alternatively, in a rail construction, an applicant can seek to demonstrate (with supporting information address-ing the pertinent aspects of 1105.7(e) that an EA, rather than an EIS, will be sufficient because t

41、he particular pro-posal is not likely to have a significant environmental impact. Any request for reclassification must be in writing and, in a rail construction, should be pre-sented with the prefiling notice re-quired by 1105.10(a)(1) (or a request to waive that prefiling notice period). (e) The c

42、lassifications in this section apply without regard to whether the VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IH

43、S-,-,-107 Surface Transportation Board, DOT 1105.7 action is proposed by application, peti-tion, notice of exemption, or any other means that initiates a formal Board proceeding. 1105.7 Environmental reports. (a) Filing. An applicant for an action identified in 1105.6 (a) or (b) must sub-mit to the

44、Board (with or prior to its application, petition or notice of ex-emption) except as provided in para-graph (b) for abandonments and discontinuances) an Environmental Re-port on the proposed action containing the information set forth in paragraph (e) of this section. (b) At least 20 days prior to t

45、he filing with the Board of a notice of exemp-tion, petition for exemption, or an ap-plication for abandonment or dis-continuance, the applicant must serve copies of the Environmental Report on: (1) The State Clearinghouse of each State involved (or other State equiva-lent agency if the State has no

46、 clear-inghouse); (2) The State Environmental Protec-tion Agency of each State involved; (3) The State Coastal Zone Manage-ment Agency for any state where the proposed activity would affect land or water uses within that States coastal zone; (4) The head of each county (or com-parable political enti

47、ty including any Indian reservation) through which the line goes; (5) The appropriate regional offices of the Environmental Protection Agency; (6) The U.S. Fish and Wildlife Serv-ice; (7) The U.S. Army Corps of Engi-neers; (8) The National Park Service; (9) The U.S. Soil Conservation Serv-ice; (10)

48、The National Geodetic Survey (formerly known as the Coast and Geo-detic Survey) as designated agent for the National Geodetic Survey and the U.S. Geological Survey; and (11) Any other agencies that have been consulted in preparing the report. For information regarding the names and addresses of the

49、agencies to be con-tacted, interested parties may contact SEA at the address and telephone num-ber indicated in 1105.3. (c) Certification. In its Environmental Report, the applicant must certify that it has sent copies of the Environmental Report to the agencies listed and with-in the time period specified in para-graph (b) of this section and that it has consulted with all appropriate agencies in preparing the report. These co