[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Notices]
[Page 14850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8013]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1

    \1\  The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions to the Surface 
Transportation Board (Board). This notice relates to functions that 
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
---------------------------------------------------------------------------

[STB Docket No. AB-467X]


J.P. Rail Inc., T/A Southern Railroad Company of New Jersey--
Abandonment Exemption; in Linwood, Atlantic County, NJ

    J.P. Rail Inc., T/A Southern Railroad Company of New Jersey (SRNJ) 
filed a notice of exemption under 49 CFR part 1152 Subpart F; Exempt 
Abandonments to abandon a 3.38 mile line of its rail line known as the 
Linwood Industrial Track, from that point on the line in Pleasantville, 
in the vicinity of Decatur Avenue (approximately milepost 0.31+) to the 
end of the line in the vicinity of Wilson Avenue and Poplar Avenue 
(approximately milepost 3.69+) in Linwood, Atlantic County, NJ.2

    \2\ The verified notice of exemption was filed on March 5, 1996. 
Board staff contacted SRNJ and requested clarification of its 
verified notice. SRNJ supplemented the record by letter filed March 
14, 1996. Because the notice must be filed with the Board at least 
50 days before the abandonment is to be consummated, consummation 
may not occur before May 3, 1996. See 49 CFR 1152.50(d)(2). SRNJ has 
confirmed that the correct consummation date of the abandonment will 
be May 3, 1996. As noted subsequently in this notice, the exemption 
will be effective on that date.
---------------------------------------------------------------------------

    SRNJ 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 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 reports), 49 CFR 1105.8 (historic 
reports), 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 use of 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 May 3, 1996, unless stayed pending reconsideration. 
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 trail use/rail banking requests under 49 CFR 
1152.29 5 must be filed by April 15, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 23, 1996, with: Office of the Secretary, Case Control Branch, 
Surface Transportation Board, 1201 Constitution Avenue, NW, Washington, 
DC 20423.

    \3\ 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 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.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\  The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicant's representative: John K. Fiorilla, Watson, Stevens, Fiorilla 
& Rutter, 390 George Street, P.O. Box 1185, New Brunswick, NJ 08903.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    SRNJ has filed an environmental report which addresses the 
abandonments effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by April 8, 1996. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, Washington, DC 20423) or by calling Elaine 
Kaiser, Chief of SEA, at (202) 927-6248. 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.

    Decided: March 26, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-8013 Filed 4-2-96; 8:45 am]
BILLING CODE 4915-00-P