Morristown & Erie Railway, Inc.-Abandonment Exemption-In Roseland, Essex County, N.J., 51265 [2016-18365]

Download as PDF Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices SURFACE TRANSPORTATION BOARD [Docket No. AB 272X] asabaliauskas on DSK3SPTVN1PROD with NOTICES 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. 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 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. 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). VerDate Sep<11>2014 18:21 Aug 02, 2016 Jkt 238001 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. 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.’’ 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). PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 51265 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 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2016–0071] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System In accordance with Part 235 of Title 49 Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that by a document dated July 11, 2016, the Georgia and Florida Railway LLC (GFR) petitioned the Federal Railroad Administration (FRA) seeking approval for the discontinuance or modification of a signal system. FRA assigned the petition Docket Number FRA–2016– 0071. Applicant: Georgia and Florida Railway LLC, Mr. Jason Scott, Vice President Signals and Communications, 1019 Coastline Avenue, Albany, GA 31705. GFR seeks approval of the discontinuance of the automatic interlocking at Darrow Jct., GA. The discontinuance will consist of removal of signals on the former Seaboard Coast Line Railroad (SCLRR), at Milepost (MP) 695 and MP 697.3; removal of signals from the former Georgia Northern Railroad (GNR) at MP 61.7 and MP 63.3; and removal of interlocking controls and signals at the diamond at Darrow Jct. on the Albany Subdivision. These changes are being proposed by GFR, which operates on both of the tracks at the interlocking, due to the system being outdated. The former SCLRR line is now being used for the temporary storage of cars and the former GNR line is a through track. Gates and derails will be placed on the former SCLRR line to control movements over the diamond. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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