[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Notices]
[Pages 51885-51886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7349]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34914]


DesertXpress Enterprises, LLC--Petition for Declaratory Order

AGENCY: Surface Transportation Board, DOT.

ACTION: Institution of declaratory order proceeding; request for 
comments.

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SUMMARY: In response to a petition filed by DesertXpress Enterprises, 
LLC (DesertXpress), the Board is instituting a declaratory order 
proceeding under 5 U.S.C. 554(e) and 49 U.S.C. 721 to determine whether 
the Board's jurisdiction preempts state and local environmental review, 
land use restrictions, and other discretionary permitting requirements 
that might otherwise apply to DesertXpress' proposed construction of an 
interstate high speed passenger rail system between Victorville, CA, 
and Las Vegas, NV. No responses to the petition have been filed. The 
Board seeks public comment on this issue.

DATES: Comments are due October 16, 2006. Replies are due November 6, 
2006.

ADDRESSES: Send an original and 10 copies of any comments, referring to 
STB Finance Docket No. 34914, to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to DesertXpress' representative, Linda Morgan, Covington & 
Burling LLP, 1201 Pennsylvania Avenue, NW., Washington, DC 20004-2401.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at: 1-800-877-8339].

SUPPLEMENTARY INFORMATION: DesertXpress' petition for declaratory order 
concerns its proposed project to construct an approximately 200-mile 
interstate high speed passenger rail system between Victorville and Las 
Vegas. Petitioner states that the project will involve the construction 
of significant lengths of new track and ancillary facilities, including 
two passenger stations and a 50-acre train maintenance and storage 
facility and operations center. DesertXpress states that the proposed 
route is planned alongside or within the median of Interstate 15 and 
will provide an alternative to automobile travel on that interstate. 
Petitioner anticipates that the project will utilize European high-
speed trains which, traveling at speeds up to 125 miles per hour, will 
travel between the two termini in under 105 minutes.
    According to petitioner, it has already initiated the Federal 
environmental review process, met with the Federal Railroad 
Administration (FRA) about the project, coordinated with the Board and 
FRA in the preparation of an Environmental Impact Statement, and 
entered into a Memorandum of Understanding with FRA and the Board.

[[Page 51886]]

DesertXpress adds that, in the near future, it will seek from the Board 
the necessary authority to construct the new line and related 
facilities and to conduct rail operations over the line.
    DesertXpress argues that this project presumptively falls within 
the Board's jurisdiction over transportation by rail carriers as set 
forth at 49 U.S.C. 10901 and 10501. Petitioner therefore seeks an order 
from the Board declaring that this project is not subject to state and 
local environmental review, land use restrictions, and other 
discretionary permitting requirements in California and Nevada, 
including the California Environmental Quality Act, because they would 
impinge upon the federal regulation of interstate commerce. 
DesertXpress also asks that the Board act on this petition 
expeditiously to allow the project to advance as quickly and 
efficiently as possible.
    Under 5 U.S.C. 554(e), the Board has discretionary authority to 
issue a declaratory order to terminate a controversy or remove 
uncertainty. A declaratory order proceeding is thus instituted in this 
proceeding to invite broad public comment. Any person seeking to 
participate in support of, or in opposition to, DesertXpress's proposal 
is invited to submit written comments to the Board regarding whether 
the agency's jurisdiction preempts state and local environmental 
review, land use restrictions, and other discretionary permitting 
requirements that might otherwise apply.
    Board decisions, notices, and filings in this and other Board 
proceedings are available on our Web site at http://www.stb.dot.gov.

    Decided: August 25, 2006.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-7349 Filed 8-30-06; 8:45 am]
BILLING CODE 4915-01-P