[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Notices]
[Pages 2923-2924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-811]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 242X)]


Norfolk Southern Railway Company--Discontinuance of Service 
Exemption--Between Newark and Kearny, NJ, in Essex and Hudson Counties, 
NJ

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 10.0-mile line 
of railroad between milepost WD-2.2 in Newark, NJ, and milepost WD-8.4 
in Kearny, NJ (which is a segment of a branch line known as the Boonton 
line), and between milepost NK-4.3 and milepost NK-8.1 on the adjacent 
Newark Industrial Track in Essex and Hudson Counties, NJ. The line 
traverses United States Postal Service Zip Codes 07029, 07032, 07094, 
07099, 07102-07108, 07112 and 07114.
    NSR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic can be rerouted 
over other lines; (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 2-year period; and (4) the requirements at 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 discontinuance shall be protected under

[[Page 2924]]

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 17, 2005,\1\ unless stayed pending 
reconsideration. Petitions to stay and formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2) \2\ must be filed by January 28, 
2005. Petitions to reopen must be filed by February 7, 2005, with: 
Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-
0001.
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    \1\ Because this is a discontinuance of service proceeding and 
not an abandonment, there is no need to provide an opportunity for 
trail use/rail banking or public use condition requests. Likewise, 
no environmental or historic documentation is required under 49 CFR 
1105.6(c)(6) and 1105.8.
    \2\ Effective October 31, 2004, the filing fee for an OFA 
increased to $1,200. See Regulations Governing Fees and Services 
Performed in Connection with Licensing and Related Services--2004 
Update, STB Ex Parte No. 542 (Sub-No. 11) (STB served Oct. 1, 2004).
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    A copy of any petition filed with the Board should be sent to NSR's 
representative: James R. Paschall, General Attorney, Norfolk Southern 
Railway Company, Three Commercial Place, Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 7, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-811 Filed 1-14-05; 8:45 am]
BILLING CODE 4915-01-P