[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Notices]
[Page 14850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8013]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions to the Surface
Transportation Board (Board). This notice relates to functions that
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Docket No. AB-467X]
J.P. Rail Inc., T/A Southern Railroad Company of New Jersey--
Abandonment Exemption; in Linwood, Atlantic County, NJ
J.P. Rail Inc., T/A Southern Railroad Company of New Jersey (SRNJ)
filed a notice of exemption under 49 CFR part 1152 Subpart F; Exempt
Abandonments to abandon a 3.38 mile line of its rail line known as the
Linwood Industrial Track, from that point on the line in Pleasantville,
in the vicinity of Decatur Avenue (approximately milepost 0.31+) to the
end of the line in the vicinity of Wilson Avenue and Poplar Avenue
(approximately milepost 3.69+) in Linwood, Atlantic County, NJ.2
\2\ The verified notice of exemption was filed on March 5, 1996.
Board staff contacted SRNJ and requested clarification of its
verified notice. SRNJ supplemented the record by letter filed March
14, 1996. Because the notice must be filed with the Board at least
50 days before the abandonment is to be consummated, consummation
may not occur before May 3, 1996. See 49 CFR 1152.50(d)(2). SRNJ has
confirmed that the correct consummation date of the abandonment will
be May 3, 1996. As noted subsequently in this notice, the exemption
will be effective on that date.
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SRNJ has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the
line; (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
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 use of 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 May 3, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,3
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR
1152.29 5 must be filed by April 15, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 23, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, NW, Washington,
DC 20423.
\3\ 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 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.
\4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\ The Board will accept late-filed trail use requests so long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: John K. Fiorilla, Watson, Stevens, Fiorilla
& Rutter, 390 George Street, P.O. Box 1185, New Brunswick, NJ 08903.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
SRNJ has filed an environmental report which addresses the
abandonments effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by April 8, 1996. Interested persons may
obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, at (202) 927-6248. 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.
Decided: March 26, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-8013 Filed 4-2-96; 8:45 am]
BILLING CODE 4915-00-P
