[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86974-86975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28845]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 286 (Sub-No. 8X)]


The New York, Susquehanna and Western Railway Corporation--
Abandonment Exemption--in Bergen County, N.J.

    The New York, Susquehanna and Western Railway Corporation (NYSW) 
has filed a verified notice of exemption under 49 CFR part 1152 subpart 
F--Exempt Abandonments to abandon a segment of rail line between 
milepost 15.80 in Lodi, N.J., and milepost 14.50 in Hackensack, N.J., 
(the Lodi Branch), and a segment of rail line between milepost 17.30 in 
Elmwood Park, N.J., and milepost 18.40 in Garfield, N.J. (the Passaic 
Branch) (collectively, the Lines). The Lodi Branch traverses U.S Postal 
Service Zip Codes 07644 and 07601 and the Passaic Branch traverses U.S. 
Postal Service Zip Codes 07407 and 07026.
    NYSW has certified that: (1) No local traffic has moved over the 
Lines for over 10 years; (2) no overhead traffic has moved over the 
Lines for over 10 years; (3) no formal complaint filed by a user of 
rail service (or by a state or local government entity acting on behalf 
of such user) regarding NYSW's cessation of service over the Lines is 
either pending with the Surface Transportation Board (Board) or with 
any U.S. District Court or has been decided in favor of complainant 
within the past two years; and (4) the requirements at 49 CFR 1105.7 
and 1105.8 (notice of environmental and historic report), 49 CFR 
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    Any employee of NYSW adversely affected by the abandonment shall be 
protected under Oregon Short Line Railroad--Abandonment Portion Goshen 
Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 
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,\1\ this exemption will be 
effective on January 30, 2021, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues \2\ must be 
filed by January 8, 2021. Formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests 
under 49

[[Page 86975]]

CFR 1152.29 must be filed by January 11, 2021.\3\ Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by January 21, 2021, with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001.
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    \1\ Persons interested in submitting an OFA must first file a 
formal expression of intent to file an offer, indicating the type of 
financial assistance they wish to provide (i.e., subsidy or 
purchase) and demonstrating that they are preliminarily financially 
responsible. See 49 CFR 1152.27(c)(2)(i).
    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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\ Filing fees for OFAs and trail use requests can be found at 
49 CFR 1002.2(f)(25) and (27), respectively.
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    A copy of any petition filed with the Board should be sent to 
NYSW's representative, Eric M. Hocky, Clark Hill, PLC, Two Commerce 
Square, 2001 Market St., Suite 2620, Philadelphia, PA 19103.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    NYS&W has filed a combined environmental and historic report that 
addresses the potential effects, if any, of the abandonment on the 
environment and historic resources. OEA will issue a Draft 
Environmental Assessment (Draft EA) by January 8, 2021. The Draft EA 
will be available to interested persons on the Board's website, by 
writing to OEA, or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339. Comments on environmental and historic preservation 
matters must be filed within 15 days after the Draft EA becomes 
available to the public.
    Environmental, historic preservation, public use, or interim 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), NYSW 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 NYSW's filing of a notice of 
consummation by December 31, 2021, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available at www.stb.gov.

    Decided: December 23, 2020.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020-28845 Filed 12-30-20; 8:45 am]
BILLING CODE 4915-01-P