C.F.R. » Title 49 » CHAPTER X—SURFACE TRANSPORTATION BOARD › SUBCHAPTER B—RULES OF PRACTICE › PART 1105—PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS

49 C.F.R. § 1105.11

Transmittal letter for Applicant's Report

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A carrier shall send a copy of its Environmental and/or Historic Report to the agencies identified in section 1105.7(b) and/or the appropriate State Historic Preservation Officer(s) and certify to the Board that it has done this. The form letter contained in the Appendix to this section should be used in transmitting the Environmental and/or Historic Reports.

Appendix to § 1105.11—Transmittal Letter for Applicant's Report (Carrier Letterhead) (Addresses) Re: (Brief description of proposed action with STB docket number, if available) (Date)

On (date), we are (or expect to be) filing with the Surface Transportation Board a (type of proceeding) seeking authority to ( ) located in (state) (city or town) and (mileposts, if applicable). Attached is an Environmental Report (and/or Historic Report) describing the proposed action and any expected environmental (and/or historic) effects, as well as a map of the affected area.

We are providing this report so that you may review the information that will form the basis for the STB's independent environmental analysis of this proceeding. If any of the information is misleading or incorrect, if you believe that pertinent information is missing, or if you have any questions about the Board's environmental review process, please contact the Office of Environmental Analysis (OEA), Surface Transportation Board, Washington, DC, telephone [INSERT TELEPHONE NUMBER] and refer to the above Docket No. (if available). Because the applicable statutes and regulations impose stringent deadlines for processing this action, your written comments to OEA (with a copy to our representative) would be appreciated within 3 weeks.

Your comments will be considered by the Board in evaluating the environmental and/or historic preservation impacts of the contemplated action. If there are any questions concerning this proposal, please contact our representative directly. Our representative in this matter is (name) who may be contacted by telephone at (telephone number) or by mail at (address).

(Complimentary close) (Name and title of author of letter)[56 FR 36105, July 31, 1991, as amended at 58 FR 44619, Aug. 24, 1993; 64 FR 53268, Oct. 1, 1999; 81 FR 8854, Feb. 23, 2016; 83 FR 15078, Apr. 9, 2018]
Notes of Decisions
Cited in 2 cases, 1988–1989 · leading case: Friends of Sierra R.R., Inc. & Tuolumne Park & Rec. Dist. v. Interstate Com. Comm'n United States of Am., 881 F.2d 663 (9th Cir. 1989).
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Friends of Sierra R.R., Inc. & Tuolumne Park & Rec. Dist. v. Interstate Com. Comm'n United States of Am., 881 F.2d 663 (9th Cir. 1989). · cites it 2× “Sierra provided the California Department of Transportation with both advance notice of its intention to file a notice of exemption and an environmental notice pursuant to 49 C.F.R. § 1105.11 (1984). On January 2, 1985, the ICC published a notice of exemption in the Federal…”
Nat'l Wildlife Fed'n v. Interstate Com. Comm'n, 850 F.2d 694 (D.C. Cir. 1988). “See 49 C.F.R. §§ 1105.11 , 1152.21 (1987). Any interested trail operator *6 must then file a comment, including a statement of willingness to assume financial responsibility.”
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