84 FR 26929 - New York & Greenwood Lake Railway-Abandonment Exemption-in Bergen and Passaic Counties, N.J.

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26929-26930]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-12197]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1273X]


New York & Greenwood Lake Railway--Abandonment Exemption--in 
Bergen and Passaic Counties, N.J.

    New York & Greenwood Lake Railway (NYGL) has filed with the Surface 
Transportation Board (Board) a petition under 49 U.S.C. 10502 for 
exemption from the prior approval requirements of 49 U.S.C. 10903 to 
abandon 1.1 miles of rail line extending between milepost 0.0 and 
milepost 1.1 in Bergen and Passaic Counties, N.J. (the Line).\1\ The 
Line traverses U.S. Postal Service Zip Codes 07055 and 07026.
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    \1\ NYGL initially submitted its petition on April 24, 2019, but 
supplemented it on May 10, 2019, and again on May 21, 2019. In light 
of NYGL's supplements, the petition is deemed to have been filed on 
May 21, 2019.
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    According to NYGL, the Line was purchased in 2017 by Passaic Street 
Properties, LLC (PSP), through a tax foreclosure sale due to NYGL's 
failure to pay federal taxes. In 2018, PSP filed a notice of exemption 
in Docket No. FD 36187 to acquire the Line, which NYGL opposed. The 
Board rejected PSP's notice of exemption with respect to the Line.\2\ 
NYGL states that, thereafter, it entered into negotiations with PSP and 
that the parties have reached a settlement in which NYGL has agreed to 
abandon the Line. NYGL filed the petition for exemption in accordance 
with the settlement agreement.
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    \2\ Passaic Street Props., LLC--Acquis. & Operation Exemption--
N.Y. & Greenwood Lake Ry., FD 36187 (STB served July 18, 2018).
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    NYGL states that the Line has not had a significant amount of 
traffic since 2009 when its last customer went out of business. 
According to NYGL, starting in 2017, it renewed efforts to market the 
Line as a transload facility, and those efforts led to handling about 
eight carloads of traffic, which NYGL states is insufficient to produce 
a profit and enable NYGL to rehabilitate the trackage. NYGL states that 
PSP and the local governments wish to reclaim the right-of-way for 
urban redevelopment, and local planners seek to redevelop the area for 
residential and commercial purposes.
    In addition to an exemption from the provisions of 49 U.S.C. 10903, 
NYGL also seeks an exemption from the offer of financial assistance 
(OFA) procedures of 49 U.S.C. 10904. NYGL states that the submission of 
an OFA could defeat the very purpose for which this abandonment has 
been filed. NYGL's request for exemption from section 10904 will be 
addressed in the final decision.
    According to NYGL, the Line does not contain federally granted 
rights-of-way, and any documentation in NYGL's possession will be made 
available promptly to those requesting it.
    As a condition to this exemption, any employee adversely affected 
by the abandonment shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham &

[[Page 26930]]

Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by September 6, 2019.
    Any OFA under 49 CFR 1152.27(b)(2) will be due no later than 120 
days after the filing of the petition for exemption, or 10 days after 
service of a decision granting the petition for exemption, whichever 
occurs sooner. Persons interested in submitting an OFA must first file 
a formal expression of intent to file an offer by June 20, 2019, 
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)(1)(i).
    Following authorization for abandonment, the Line may be suitable 
for other public use, including interim trail use. Any request for a 
public use condition under 49 CFR 1152.28 or for trail use/rail banking 
under 49 CFR 1152.29 will be due no later than July 1, 2019.\3\
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    \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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    All filings in response to this notice must refer to Docket No. AB 
1273X and must be filed with the Surface Transportation Board either 
via e-filing or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
NYGL's representative, Sloane S. Carlough, Clark Hill, PLC, 1001 
Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004. Replies 
to the petition are due on or before July 1, 2019.
    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 regulations at 49 CFR part 1152. Questions concerning 
environmental issues may be directed to the Board's Office of 
Environmental Analysis (OEA) at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Relay Service at 
(800) 877-8339.
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by OEA will be served upon all parties of 
record and upon any other agencies or persons who comment during its 
preparation. Other interested persons may contact OEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA generally will be within 
30 days of its service.
    Board decisions and notices are available at www.stb.gov.


    Decided: June 5, 2019.

    By the Board, Allison C. Davis, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2019-12197 Filed 6-7-19; 8:45 am]
 BILLING CODE 4915-01-P