Middletown and New Jersey Railway Company, Inc.-Abandonment Exemption-in Orange County, NY, 29176 [E8-11131]
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Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Notices
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[FR Doc. E8–11245 Filed 5–19–08; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–762X]
jlentini on PROD1PC65 with NOTICES
Middletown and New Jersey Railway
Company, Inc.—Abandonment
Exemption—in Orange County, NY
Middletown and New Jersey Railway
Company, Inc. (M&NJ) has filed a notice
of exemption under 49 CFR 1152
Subpart F—Exempt Abandonments to
abandon a 7.50+/-mile line of railroad
between milepost 6.50 +/-in Slate Hill
and milepost 14.00+/-in the Village of
Unionville, in Orange County, NY. The
line traverses United States Postal
Service Zip Codes 10973, 10933, 10998,
and 10988.
M&NJ has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) there is no overhead
traffic on the line; (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 or with
any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements at 49 CFR 1105.7
(environmental report), 49 CFR 1105.8
(historic 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 R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
VerDate Aug<31>2005
18:23 May 19, 2008
Jkt 214001
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 June 19,
2008, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by May 30,
2008. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by June 9, 2008,
with: Surface Transportation Board, 395
E Street, SW., Washington, DC 20423–
0001.
A copy of any petition filed with the
Board should be sent to M&NJ’s
representative: Imre Eszenyi, 140 East
Main Street, Middletown, NY 10940.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
M&NJ has filed a combined
environmental and historic report
addressing the effects, if any, of the
abandonment on the environment and
historic resources. SEA will issue an
environmental assessment (EA) by May
23, 2008. Interested persons may obtain
a copy of the EA by writing to SEA
(Room 1100, Surface Transportation
Board, Washington, DC 20423–0001) or
by calling SEA, at (202) 245–0305.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
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&NJ 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
M&NJ’s filing of a notice of
consummation by May 20, 2009, and
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service 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.
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,300. See 49 CFR
1002.2(f)(25).
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
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 https://
www.stb.dot.gov.
Decided: May 14, 2008.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–11131 Filed 5–19–08; 8:45 am]
BILLING CODE 4915–01–P
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E:\FR\FM\20MYN1.SGM
20MYN1
Agencies
[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Notices]
[Page 29176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11131]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-762X]
Middletown and New Jersey Railway Company, Inc.--Abandonment
Exemption--in Orange County, NY
Middletown and New Jersey Railway Company, Inc. (M&NJ) has filed a
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 7.50+/-mile line of railroad between milepost 6.50 +/-in
Slate Hill and milepost 14.00+/-in the Village of Unionville, in Orange
County, NY. The line traverses United States Postal Service Zip Codes
10973, 10933, 10998, and 10988.
M&NJ has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the
line; (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 or with any U.S. District Court
or has been decided in favor of complainant within the 2-year period;
and (4) the requirements at 49 CFR 1105.7 (environmental report), 49
CFR 1105.8 (historic 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 R. Co.--
Abandonment--Goshen, 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 June 19, 2008, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
May 30, 2008. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by June 9, 2008, with: Surface
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------
\1\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis (SEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Service 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.
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
M&NJ's representative: Imre Eszenyi, 140 East Main Street, Middletown,
NY 10940.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
M&NJ has filed a combined environmental and historic report
addressing the effects, if any, of the abandonment on the environment
and historic resources. SEA will issue an environmental assessment (EA)
by May 23, 2008. Interested persons may obtain a copy of the EA by
writing to SEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling SEA, at (202) 245-0305. [Assistance for the
hearing impaired is available through the Federal Information Relay
Service (FIRS) at 1-800-877-8339.] 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&NJ 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 M&NJ's filing of a notice of
consummation by May 20, 2009, 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 http:/
/www.stb.dot.gov.
Decided: May 14, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-11131 Filed 5-19-08; 8:45 am]
BILLING CODE 4915-01-P