[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Page 51265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18365]
[[Page 51265]]
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SURFACE TRANSPORTATION BOARD
[Docket No. AB 272X]
Morristown & Erie Railway, Inc.--Abandonment Exemption--In
Roseland, Essex County, N.J.
Morristown & Erie Railway, Inc. (M&E) has filed a verified notice
of exemption \1\ under 49 CFR pt. 1152 subpart F--Exempt Abandonments
to abandon less than one mile of rail line consisting of 490,140 square
feet located on the westerly side of Harrison Avenue, part of Block 12,
between milepost 9 and the end of the line at Harrison Avenue in the
Borough of Roseland, Essex County, N.J. (the Line). The Line traverses
U.S. Postal Service Zip Code 07068.
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\1\ M&E filed its notice of exemption on July 14, 2016. On July
25, 2016, M&E filed copies of correspondence inadvertently omitted
from its initial filing.
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M&E has certified that: (1) No local or overhead traffic has moved
over the Line for a least two years; (2) any overhead traffic that
could move over the Line can be rerouted; (3) no formal complaint filed
by a user of rail service on the Line (or by a state or local
government entity acting on behalf of such user) regarding cessation of
service over the Line either is pending with the Surface Transportation
Board (Board) or with any U.S. District Court or has been decided in
favor of a complainant within the two-year period; and (4) the
requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address
whether this condition adequately protects affected employees, a
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on September 2, 2016, unless stayed pending
reconsideration.\2\ Petitions to stay that do not involve environmental
issues,\3\ formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),\4\ and interim trail use/rail banking requests under 49
CFR 1152.29 must be filed by August 12, 2016. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by August 23, 2016, with the Surface Transportation Board, 395 E Street
SW., Washington, DC 20423-0001.
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\2\ Although M&E states in its verified notice that the proposed
consummation date of this transaction is August 15, 2016, this
transaction cannot be consummated until September 2, 2016 (50 days
from its filing date). 49 CFR 1152.50(d)(2).
\3\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C. 2d 377 (1989).
Any request for a stay should be filed as soon as possible so that
the Board may take appropriate action before the exemption's
effective date.
\4\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,600. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to M&E's
representative: John K. Fiorilla, Capehart & Scatchard, PA, 8000
Midlantic Drive, Suite 300S, Mt. Laurel, NJ 08054.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
M&E has filed a combined environmental and historic report that
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by August 8, 2016. Interested persons may obtain a copy of the EA by
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the
hearing impaired is available through the Federal Information Relay
Service at (800) 877-8339. Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), M&E shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the line. If
consummation has not been effected by filing of a notice of
consummation by August 3, 2017, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV.''
Decided: July 29, 2016.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-18365 Filed 8-2-16; 8:45 am]
BILLING CODE 4915-01-P