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Transloading

This page contains references and links to all electronic communications among City staff, and between City staff, Norfolk Southern, and the community regarding the establishment and operation of the Ethanol Transloading Facility. The communications, furnished in response to requests made under the Virginia Freedom of Information Act, cover the period from June 20, 2006 at 8 a.m. to May 29, 2008, at 5 p.m.

E-mail addresses and telephone numbers have been redacted to protect the privacy of residents and of City staff whose home and mobile phone numbers were included on the communications. To contact City officials or staff, please use the links on the left side of this page, or Contact Us.


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RE: Fwd: Haul Permit


  • To: <text converted to image to prevent junkmail harvesting>, <Mayor Euille>, <Paul Smedberg>
  • Subject: RE: Fwd: Haul Permit
  • From: "Sullivan, John" <xxxxxxxx@xxxx.xxx>
  • Date: Wed, 28 May 2008 15:03:25 -0500
  • Cc: <Mayor Euille>, <Mayor Euille>, <Del Pepper>, <Ludwig Gaines>, <Ludwig Gaines>, <Rob Krupicka>, <Paul Smedberg>, <Timothy Lovain>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>
  • In-reply-to: <OF0F3798A3.27458E63-ON85257457.00618D24-85257457.00659B20@alexandriava.gov>
  • References: <8CA8EF7D6B76406-1554-1271@webmail-db09.sysops.aol.com> <OF0F3798A3.27458E63-ON85257457.00618D24-85257457.00659B20@alexandriava.gov>
  • Thread-index: AcjA8NW7P+0JmkrYR4aQUT+TTbBfGgAC2VOQ
  • Thread-topic: Fwd: Haul Permit

Gentlemen,

 

            First let me introduce myself.  I am John Sullivan currently the President of the Cameron Station Community Association, not to be confused with the Cameron Station Civic Association presided over by Ingrid Sanden.  In my discussion with the Surface Transportation Board I received the following email discussing the preemption issue.

 

 

We briefly discussed preemption of most state and local laws.  See Title 49, 10501(b) below. This would apply to railroad transloading facilities along the railroad right-of-way, as well.

 

Please call if you wish to discuss further.  I am usually in the office from 7:30 AM to 3:30 PM Monday - Friday.

 

                                                                                      Tom Brugman

 

Thomas J. Brugman

Section Chief - Rail Consumer Assistance

STB/OPAGAC (Office of Public Assistance, Governmental Affairs, and Compliance)

Phone: xxx-xxx-xxxx

FAX:      xxx-xxx-xxxx

Email: xxxxxxxx@xxxx.xxx

395 E Street, SW,

Washington D.C. 20423-0001

(For FEDEX deliveries, use 20024 zip code)

Disclaimer: Opinions expressed by STB, Rail Customer Assistance employees are theirs alone, and do not represent opinions of, or by, The Surface Transportation Board, it's Commissioners, or Directors.  Opinions of The Surface Transportation Board may only be obtained via formal complaint.  Positions taken by STB, Rail Customer Assistance employees may be reversed; and spoken or written comments may be withdrawn by the Board at it's discretion.

 

Summary comment from:  SURFACE TRANSPORTATION BOARD DECISION in STB Finance Docket No. 34914; DESERTXPRESS ENTERPRISES, LLC—PETITION FOR DECLARATORY ORDER; Decided:  June 25, 2007.

 

           "The Federal preemption provision contained in 49 U.S.C. 10501(b), as broadened by the ICC Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (1995) (ICCTA), shields railroad operations that are subject to the Board’s jurisdiction from the application of most state and local laws.[4]  Section 10501(b) expressly provides that the “jurisdiction of the Board over . . . transportation by rail carriers” over any track that is part of the interstate rail network “is exclusive.”  Section 10501(b) also expressly provides that the remedies provided under 49 U.S.C. 10101-11908 are exclusive and preempt the remedies provided under State law."

 

 

 

                       TITLE 49--TRANSPORTATION

 

                SUBTITLE IV--INTERSTATE TRANSPORTATION

 

                             PART A--RAIL

 

                       CHAPTER 105--JURISDICTION

 

Sec. 10501. General jurisdiction

 

   (a)(1) Subject to this chapter, the Board has jurisdiction over

transportation by rail carrier that is--

       (A) only by railroad; or

       (B) by railroad and water, when the transportation is under

   common control, management, or arrangement for a continuous carriage

   or shipment.

 

   (2) Jurisdiction under paragraph (1) applies only to transportation

in the United States between a place in--

       (A) a State and a place in the same or another State as part of

   the interstate rail network;

       (B) a State and a place in a territory or possession of the

   United States;

       (C) a territory or possession of the United States and a place

   in another such territory or possession;

       (D) a territory or possession of the United States and another

   place in the same territory or possession;

       (E) the United States and another place in the United States

   through a foreign country; or

       (F) the United States and a place in a foreign country.

 

   (b) The jurisdiction of the Board over--

       (1) transportation by rail carriers, and the remedies provided

   in this part with respect to rates, classifications, rules

   (including car service, interchange, and other operating rules),

   practices, routes, services, and facilities of such carriers; and

       (2) the construction, acquisition, operation, abandonment, or

   discontinuance of spur, industrial, team, switching, or side tracks,

   or facilities, even if the tracks are located, or intended to be

   located, entirely in one State,

 

is exclusive. Except as otherwise provided in this part, the remedies

provided under this part with respect to regulation of rail

transportation are exclusive and preempt the remedies provided under

Federal or State law.

 

            I am not sure if it helps our cause but hopefully it provides the necessary clarification and source of authority.

 

First name only

 

John J. Sullivan Jr., P.E., M.ASCE

President Cameron Station Community Association

 

Director Federal Infrastructure Markets

Portland Cement Association

500 New Jersey Ave NW

7th Floor

Washington, DC 20001

(w) xxx-xxx-xxxx ext 128

(f) xxx-xxx-xxxx

(c) xxx-xxx-xxxx

(e) xxxxxxxx@xxxx.xxx

PCAbasic-C