[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Notices]
[Pages 389-390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-181]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-167 (Sub-No. 1184X)]


Consolidated Rail Corporation--Abandonment Exemption--in 
Middlesex County, NJ

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption \1\ under 49 CFR 1152 Subpart

[[Page 390]]

F--Exempt Abandonments to abandon a portion of a line of railroad known 
as the Sayreville Running Track, between milepost 10.85+/- and milepost 
11.31+/- in the Township of North Brunswick, Middlesex County, NJ, a 
distance of 0.46+/- miles. The line traverses United States Postal 
Service Zip Code 08903.
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    \1\ By decision served in this proceeding on December 5, 2003, 
the Board rejected Conrail's notice of exemption filed on November 
21, 2003, for Conrail's failure to comply with the environmental 
requirements of 49 CFR 1105.7(b) and 49 CFR 1105.8(c). On December 
16, 2003, Conrail requested the Board to reinstate the notice of 
exemption. Conrail submitted, as Exhibit A, a copy of its letter 
indicating that copies of the environmental and historic report 
(report) were sent to the specified agencies on October 16, 2003, in 
compliance with 49 CFR 1105.7 and 1105.8. Conrail stated that it 
updated its report based on responses it received between October 
16, 2003, and November 20, 2003, but erred by not stating in the 
notice that it had sent the report to the required agencies on 
October 16, 2003, and on November 20, 2003. Conrail acknowledged 
that it inadvertently failed to serve a copy of the report on the 
National Geodetic Survey (NGS). It attached, as Exhibit B, a copy of 
its letter dated December 15, 2003, to NGS. Based on the information 
received from Conrail, the notice of exemption is now accepted.
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    Conrail has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 2 years; (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 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 February 
4, 2004,\2\ 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 must be filed by January 15, 
2004. Petitions to reopen or requests for public use conditions under 
49 CFR 1152.28 must be filed by January 26, 2004, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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    \2\ In its notice, Conrail indicated January 20, 2004, as the 
proposed consummation date of the abandonment. Conrail now states 
that it understands that the effective date of its notice will have 
to be adjusted to allow NGS an opportunity to comment on the 
proposed abandonment and to allow the Board's Section of 
Environmental Analysis (SEA) to issue its environmental assessment 
(EA).
    \3\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by 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.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
Conrail's representative: John K. Enright, Associate General Counsel, 
Consolidated Rail Corporation, 2001 Market Street, 16th Floor, 
Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Conrail has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an EA by January 9, 2004. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423-0001) or by calling SEA, at 
(202) 565-1539. [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), Conrail 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 Conrail's filing of a notice of 
consummation by January 5, 2005, 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: December 23, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-181 Filed 1-2-04; 8:45 am]
BILLING CODE 4915-00-P