[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Pages 13860-13861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5250]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1006X]


New York & Greenwood Lake Railway--Abandonment Exemption--in 
Passaic, Passaic County, NJ

    New York & Greenwood Lake Railway (NYGL) has filed a notice of 
exemption under 49 CFR part 1152, subpart F--Exempt Abandonments to 
abandon an approximately .7-mile line of railroad between milepost 1.1, 
near the intersection of South and Fourth Streets, and the end of the 
line at milepost 1.8, near the intersection of Canal and Monroe 
Streets, in Passaic, Passaic County, NJ.
    NYGL has certified that: (1) No local or overhead traffic has moved 
over the line for at least 2 years; (2) overhead traffic, if there were 
any, could 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 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

[[Page 13861]]

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 April 24, 2007, unless stayed pending reconsideration.\1\ 
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 
April 2, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 12, 2007, with: 
Surface Transportation Board, 395 E Street SW., Washington, DC 20423-
0001.
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    \1\ The earliest this transaction may be consummated is April 
24, 2007. NYGL has originally indicated a consummation date of April 
20, 2007. NYGL has been informed by a Board staff member that 
consummation may not place until April 24, 2007.
    \2\ 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 (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.
    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
NYGL's representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1920 N 
Street, NW. (8th fl.), Washington, DC 20036-1601.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NYGL has filed a combined environmental and historic report which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by March 30, 2007. Interested persons may obtain a copy of the EA by 
writing to SEA (Suite 1100, Surface Transportation Board, Washington, 
DC 20423-0001) or by calling SEA, at (202) 245-0305. [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), NYGL 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 NYGL's filing of a notice of 
consummation by March 23, 2008, 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: March 16, 2007.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-5250 Filed 3-22-07; 8:45 am]
BILLING CODE 4915-01-P