[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74801-74802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29066]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-167 (Sub-No. 1190X); STB Docket No. AB-55 (Sub-No. 
690X); STB Docket No. AB-290 (Sub-No. 313X)]


Consolidated Rail Corporation--Abandonment Exemption-in Hudson 
County, NJ; CSX Transportation, Inc.--Discontinuance of Service 
Exemption-in Hudson County, NJ; Norfolk Southern Railway Company--
Discontinuance of Service Exemption-in Hudson County, NJ

    Consolidated Rail Corporation (Conrail), CSX Transportation, Inc. 
(CSXT), and Norfolk Southern Railway Company (NS) (collectively, 
applicants) have jointly filed a verified notice of exemption under 49 
CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of Service 
for Conrail to abandon, and for CSXT and NS to discontinue service 
over, a 2.27-mile portion of a line of railroad known as the Lehigh 
Valley Main Line, between railroad milepost 2.90 and 
railroad milepost 5.17, in Jersey City, Hudson County, NJ. 
The line traverses United States Postal Service Zip Codes 07304 and 
07305.
    Applicants have certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) any overhead traffic that has moved 
or could move over the line can be rerouted; (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 a complainant within the 2-year period; and (4) the 
requirements at 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 these exemptions, any employee adversely affected 
by the abandonment or discontinuances 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, these exemptions will be 
effective on January 8, 2009, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
December 19, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 29, 2008, 
with the Surface Transportation Board, 395 E Street, SW., Washington, 
DC 20423-0001.
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    \1\ 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 abandonment 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.
    \2\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services-2008 Update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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    A copy of any petition filed with the Board should be sent to 
applicants' representative: John K. Enright, 1717 Arch Street, 32nd 
Floor, Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a joint combined environmental and historic 
report, which addresses the effects, if any, of the abandonment and 
discontinuances on the environment and historic resources. SEA will 
issue an environmental assessment (EA) by December 12, 2008. 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

[[Page 74802]]

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 December 9, 2009, 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: December 3, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
 [FR Doc. E8-29066 Filed 12-8-08; 8:45 am]
BILLING CODE 4915-01-P