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Consolidated Rail Corporation--Abandonment Exemption--in Mercer County, NJ

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Notices]
[Page 37976-37977]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy06-87]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-167 (Sub-No. 1185X)]

Consolidated Rail Corporation--Abandonment Exemption--in Mercer County, NJ

    Consolidated Rail Corporation (Conrail) has filed a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon a portion of a line of railroad known as the Robbinsville 
Industrial Track, between milepost 32.20± and milepost 
37.90± in the cities of Hamilton Township and Washington 
Township, Mercer County, NJ, a distance of 5.7 miles±. The 
line traverses United States Postal Service Zip Codes 08620 and 08520.
    Conrail has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic that has 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 
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.\1\
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    \1\ On June 19, 2006, C&A Trail Conservancy, filed a request for 
issuance of a notice of interim trail use (NITU) for the entire line 
pursuant to section 8(d) of the National Trails System Act, 16 
U.S.C. 1247(d), and for imposition of a public use condition. The 
Board will address C&A's trail use and public use requests and any 
others that may be filed in a subsequent decision.
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    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 August 2, 2006, 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 
July 13, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 24, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., 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 
currently is set at $1,300. See Regulations Governing Fees for 
Service Performed in Connection With Licensing and Related 
Services--2006 Updates, STB Ex Parte No. 542 (Sub-No. 13) (STB 
served Mar. 20, 2006). See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
Conrail's representative: John K. Enright, 1000 Howard Boulevard, 4th 
Floor, Mt. Laurel, NJ 08054.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Conrail has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by July 7, 
2006. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 500, Surface Transportation Board, Washington, DC 20423-0001) or 
by calling SEA, at (202) 565-1539. [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.

[[Page 37977]]

    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 July 3, 2007, 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 
http://www.stb.dot.gov Exit Disclaimer.

    Decided: June 23, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-10373 Filed 6-30-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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