---
kind: "section"
citation: "49 C.F.R. § 1155.13"
title: "49"
number: "1155.13"
heading: "Board determination with respect to a Governor's petition."
url: "https://uscodex.org/cfr/49/1155.13"
---

# §1155.13. Board determination with respect to a Governor's petition.


The Board shall accept the Governor's complete petition on a finding that the facility qualified as a solid waste rail transfer facility, as defined in 49 U.S.C. [10908(e)(1)(H)](/usc/49/10908.md?p=e-1-H) and [49](/usc/49/49.md) CFR 1155.2, on October 16, 2008. If the Board finds that the facility currently does not qualify for or require a land-use-exemption permit, any future use of the facility as a solid waste rail transfer facility would require an application for a land-use-exemption permit as a proposed facility and/or the proper state permits. In a decision granting the Governor's petition, the Board shall require that the rail carrier that owns or operates the facility, or the operator of the facility, file a land-use-exemption-permit application within 120 days of the service date of the decision.


## Notes

### Authority

Authority: 49 U.S.C. 1321(a), 10908, 10909, 10910.

### Source

Source: 77 FR 69774, Nov. 21, 2012, unless otherwise noted.