The New York, Susquehanna and Western Railway Corporation-Abandonment Exemption-Passaic and Morris Counties, NY, 67216 [2013-26837]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Notices]
[Page 67216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26837]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 286 (Sub-No. 7X)]


The New York, Susquehanna and Western Railway Corporation--
Abandonment Exemption--Passaic and Morris Counties, NY

    The New York, Susquehanna and Western Railway Corporation (NYS&W) 
has filed a verified notice of exemption under 49 CFR part 1152 subpart 
F--Exempt Abandonments to abandon a segment of its line of railroad, 
known as the Pompton Industrial, between milepost 22.1 in Wayne 
Township, Passaic County, N.J., and milepost 26.3 in Pompton Plains 
Township, Morris County, N.J. (the Line). The Line traverses United 
States Postal Service Zip Codes 07440, 07442, 07444, and 07470.
    NYS&W has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) there is no overhead traffic on the 
Line; \1\ (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 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.
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    \1\ NYS&W states that no local or overhead traffic has moved 
over the portion of the Line between milepost 22.1 and milepost 
25.96 for over twenty years, or on the portion of the Line between 
25.96 and milepost 26.3 for over two years.
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    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 December 11, 2013, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\2\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\3\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
November 18, 2013. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 29, 2013, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \2\ 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.
    \3\ 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 
NYS&W's representative: Eric M. Hocky, Clark Hill Thorp Reed, One 
Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 
19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NYS&W 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 November 15, 2013. 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), NYS&W 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 NYS&W's filing of a notice of 
consummation by November 8, 2014, 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: November 4, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-26837 Filed 11-7-13; 8:45 am]
BILLING CODE 4915-01-P