[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30432-30433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10325]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-290 (Sub-No. 288X)]


Norfolk Southern Railway Company--Abandonment Exemption-in Bergen 
County, NJ

    Norfolk Southern Railway Company (NSR) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon a 
1.40-mile line of railroad between milepost UQ 8.80 and milepost UQ 
10.20, in Rutherford, Bergen County, NJ.\1\ The line traverses United 
States Postal Service Zip Code 07070, and includes the former stations 
of Rutherford Jct. and Carlton Hill.
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    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Surface Transportation Board (Board) at 
least 50 days before the abandonment or discontinuance is to be 
consummated. NSR initially indicated in its notice of exemption a 
proposed consummation date of June 29, 2007, but because the 
verified notice was filed on May 11, 2007, consummation may not take 
place prior to June 30, 2007. NSR has been informed by a Board staff 
member that consummation may not take place until June 30, 2007.
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    NSR has certified that: (1) No traffic has moved over the line for 
at least 2 years; (2) any overhead traffic on the line 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 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 of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 
(historic 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 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 June 30, 2007, unless stayed pending reconsideration. 
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 
June 11, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by June 20, 2007, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \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 is 
currently 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 NSR's 
representative: James R. Paschall, Norfolk Southern Corporation, Three 
Commercial Place, Norfolk, VA 23510.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NSR has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by June 5, 
2007. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 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), NSR 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

[[Page 30433]]

NSR's filing of a notice of consummation by May 31, 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 
WWW.STB.DOT.GOV.

    Decided: May 24, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-10325 Filed 5-30-07; 8:45 am]
BILLING CODE 4915-01-P