#EI-7023

Correspondence Information

  Docket #:FD 34836 0
  Name of Sender:John HeffnerDate Received:03/31/2008
  Group:Date of Letter:
03/31/2008


Submitter's Comments
Arizona Eastern Railroad ("AZER") questions the phraseology used in the draft EA at page 6-2, sec. 2.2, "construction of at-grade road crossings are subject to the review and approval of the Arizona Corporation Commission." This statement suggests that a state agency could veto a Board approved transaction. Such a result is preempted by federal law. Accordingly, AZER submits the attached comment recommending its preferred wording of the condition.

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  AZER Environmental comments dated March 31 2008.pdf


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AZER Environmental comments dated March 31 2008.pdf