83 FR 26338 - New Jersey Transit Corporation-Acquisition Exemption-Consolidated Rail Corporation in the County of Middlesex, N.J.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 109 (June 6, 2018)

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Page 26338]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12130]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36195]


New Jersey Transit Corporation--Acquisition Exemption--
Consolidated Rail Corporation in the County of Middlesex, N.J.

    The New Jersey Transit Corporation (NJ Transit), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from Consolidated Rail Corporation (Conrail) an approximately 3.3-mile 
portion of the property commonly known as the Delco Industrial Lead in 
Middlesex County, N.J., from milepost 33.1 to milepost 36.4 (the Line). 
NJ Transit states that, under the proposed transaction, Conrail would 
transfer to NJ Transit the real property and railroad fixtures 
associated with the Line. According to NJ Transit, Conrail will retain 
an exclusive operating easement to continue to provide freight rail 
service over the Line.\1\
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    \1\ NJ Transit also filed a motion to dismiss the notice of 
exemption on the grounds that the transaction does not require 
authorization from the Board. The motion to dismiss will be 
addressed in a subsequent Board decision.
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    NJ Transit states that, pursuant to a 1984 trackage rights 
agreement (1984 Agreement), it and Conrail have jointly used the Line 
for many years.\2\ NJ Transit claims that its proposed acquisition will 
not affect or impair Conrail's ability to provide freight service to 
existing or future shippers. According to NJ Transit, it is acquiring 
the property to provide commuter rail service and is not acquiring any 
right or obligation to provide freight service on the Line. NJ Transit 
also states that the agreements underlying the acquisition do not 
contain any provisions that would limit interchange with a third-party 
connecting carrier.
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    \2\ NJ Transit includes with its verified notice excerpts from 
the 1984 Agreement. It also submits documents implementing the 
current transaction including an agreement supplementing the 1984 
Agreement, a quitclaim deed, and an agreement of sale.
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    NJ Transit certifies that, because it will not conduct any rail 
carrier operations on the Line, its projected revenues from freight 
operations will not result in the creation of a Class I or Class II 
carrier.
    NJ Transit states that it will consummate the proposed transaction 
at the conclusion of this exemption proceeding. The earliest this 
transaction may be consummated is June 20, 2018, the effective date of 
the exemption (30 days after the verified notice of exemption was 
filed).
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the exemption under 49 
U.S.C. 10502(d) may be filed at any time. The filing of a petition to 
revoke will not automatically stay the effectiveness of the exemption. 
Petitions for stay must be filed no later than June 13, 2018 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36195, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Charles A. Spitulnik, Kaplan Kirsch & 
Rockwell LLP, 1001 Connecticut Ave. NW, Suite 800, Washington, DC 
20036.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 30, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2018-12130 Filed 6-5-18; 8:45 am]
BILLING CODE 4915-01-P