[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Notices]
[Pages 5020-5021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01989]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB 1095 (Sub-No. 1)]


Paulsboro Refining Company LLC--Adverse Abandonment--In 
Gloucester County, NJ.

    On January 10, 2014, Paulsboro Refining Company LLC (PRC) filed an 
application under 49 U.S.C. 10903, requesting that the Surface 
Transportation Board (Board) authorize the third-party or adverse 
abandonment of approximately 5.8 miles of rail line (the Line) owned by 
PRC and currently operated by SMS Rail Service, Inc. (SMS). The Line is 
in Gloucester County, N.J., and traverses United States Postal Service 
Zip Code 08066. There are no mileposts or stations associated with the 
Line. The application is available on the Board's Web site at http://www.stb.dot.gov, or a copy can be secured from applicant's counsel, 
whose name and address appear below.
    PRC owns a 970-acre refinery in Paulsboro, N.J. Within this 
facility, it owns the Line, which consists of approximately 5.8 miles 
of railroad tracks. SMS has provided service over the Line since August 
2000, when it entered into an operating agreement with the facility's 
prior owner, Valero Refining Company--New Jersey (Valero-NJ).\1\ Under 
the agreement, as amended, SMS provides common carrier service by 
interchanging traffic with Consolidated Rail Corporation (Conrail), on 
behalf of Norfolk Southern Railway Company (NSR) and CSX 
Transportation, Inc. (CSXT). SMS also provides plant switching services 
under the agreement.
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    \1\ See SMS Rail Service--Acquis. and Operation Exemption--
Valero Refining Co.--N. J., FD 33927 (STB served Sept. 22, 2000).
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    PRC states that it no longer needs or seeks to use the common 
carrier services of SMS, and it wishes to receive its common carrier 
service from NSR, CSXT, or their agent Conrail, and to have its 
internal switching performed by a noncarrier switching contractor. PRC 
states that SMS currently serves only it and, to a minor extent, 
ExxonMobil Corporation (ExxonMobil). PRC adds that ExxonMobil ``can 
also be served by PRC's contract switching carrier'' and does not 
object to the abandonment. PRC advises that it has given SMS proper 
notice of termination, as provided by their contract, but that SMS has 
refused to vacate the Line or file for abandonment authority to 
terminate its operations. According to PRC, it filed the instant 
application to remove Board jurisdiction from SMS's operation of the 
Line so that PRC can proceed to evict SMS under New Jersey state law.
    In a decision served in this proceeding on July 26, 2012, PRC was 
granted exemptions from several statutory provisions as well as waivers 
of certain Board regulations at 49 CFR part 1152 that were not relevant 
to its adverse abandonment application or that sought information not 
available to it. Specifically, PRC was granted waivers of certain 
requirements pertaining to the notice of intent prescribed at 49 CFR 
1152.21; exemption from 49 U.S.C. 10903(c) and waiver of 49 CFR 
1152.22(a)(5) pertaining to System Diagram Maps; waiver of 49 CFR 
1152.20(a)(2)(x) that notice be served on Amtrak; waiver of 49 CFR 
1152.20(a)(2)(xii) that notice be served on the headquarters of all 
duly certified labor organizations; exemption from 49 U.S.C. 
10903(a)(3)(B) and waiver of 49 CFR 1152.20(a)(3) concerning posting 
the notice of intent; waiver of 49 CFR 1152.33(d) pertaining to revenue 
and cost data; waiver of 49 CFR 1152.22(i) concerning the wording of 
this notice; exemption from 49 U.S.C. 10904 and waiver of 49 CFR 
1152.27, which govern an offer of financial assistance (OFA) to 
continue common

[[Page 5021]]

carrier rail service; and exemption from the public use provisions of 
49 U.S.C. 10905 and waiver of 49 CFR 1152.28.
    PRC states that the line does not contain federally granted rights-
of-way. Any documentation in PRC's possession will be made available 
promptly to those requesting it. PRC's entire case-in-chief for adverse 
abandonment was filed with the application.
    The interests of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the 
proposed adverse abandonment or protests (including protestant's entire 
opposition case) by February 24, 2014. Persons who may oppose the 
proposed adverse abandonment but who do not wish to participate fully 
in the process by submitting verified statements of witnesses 
containing detailed evidence should file comments. Persons opposing the 
proposed adverse abandonment who wish to participate actively and fully 
in the process should file a protest, observing the filing, service, 
and content requirements of 49 CFR 1152.25. PRC's reply is due by March 
10, 2014.
    Any request for a trail use condition under 16 U.S.C. 1247(d) (49 
CFR 1152.29) must be filed by February 24, 2014, and should address 
whether the issuance of a certificate of interim trail use in this case 
would be consistent with the grant of an adverse abandonment 
application. Each trail use request must be accompanied by a $250 
filing fee. See 49 CFR 1002.2(f)(27).
    All filings in response to this notice must refer to Docket No. AB 
1095 (Sub-No. 1) and must be sent to: (1) Surface Transportation Board, 
395 E Street SW., Washington, DC 20423-0001; (2) Eric M. Hocky, Clark 
Hill Thorp Reed, One Commerce Square, 2005 Market Street, Philadelphia, 
PA 19103, (215) 640-8500.
    Filings may be submitted either via the Board's e-filing format or 
in the traditional paper format. Any person using e-filing should 
comply with the instructions found on the Board's ``www.stb.dot.gov'' 
Web site, at the ``E-FILING'' link. Any person submitting a filing in 
the traditional paper format should send the original and 10 copies of 
the filing to the Board with a certificate of service. Except as 
otherwise set forth in 49 CFR pt. 1152, every document filed with the 
Board must be served on all parties to this adverse abandonment 
proceeding. 49 CFR 1104.12(a).
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by the Board's Office of Environmental 
Analysis (OEA) will be served upon all parties of record and upon any 
agencies or other persons who commented during its preparation. Any 
other persons who would like to obtain a copy of the EA (or EIS) may 
contact OEA by phone at the number listed below. EAs in these 
abandonment proceedings normally will be made available within 33 days 
of the filing of the application. The deadline for submission of 
comments on the EA will generally be within 30 days of its service. The 
comments received will be addressed in the Board's decision. A 
supplemental EA or EIS may be issued where appropriate.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs and Compliance at (202) 245-0238 or refer to the 
full abandonment/discontinuance regulations at 49 CFR part 1152. 
Questions concerning environmental issues may be directed to OEA at 
(202) 245-0305. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: January 27, 2014.

    By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-01989 Filed 1-29-14; 8:45 am]
BILLING CODE 4915-01-P