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)

Page Range		26338-26338
FR Document		2018-12130

Federal Register, Volume 83 Issue 109 (Wednesday, 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

26338 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices

As a condition to this exemption, any Industrial Lead in Middlesex County, Kaplan Kirsch & Rockwell LLP, 1001
employees affected by the acquisition of N.J., from milepost 33.1 to milepost 36.4 Connecticut Ave. NW, Suite 800,
the trackage rights will be protected by (the Line). NJ Transit states that, under Washington, DC 20036.
the conditions imposed in Norfolk & the proposed transaction, Conrail would Board decisions and notices are
Western Railway—Trackage Rights— transfer to NJ Transit the real property available on our website at
Burlington Northern, Inc., 354 I.C.C. 605 and railroad fixtures associated with the WWW.STB.GOV.
(1978), as modified in Mendocino Coast Line. According to NJ Transit, Conrail Decided: May 30, 2018.
Railway—Lease & Operate—California will retain an exclusive operating By the Board, Scott M. Zimmerman, Acting
Western Railroad, 360 I.C.C. 653 (1980). easement to continue to provide freight Director, Office of Proceedings.
If the notice contains false or rail service over the Line.1 Brendetta Jones,
misleading information, the exemption NJ Transit states that, pursuant to a
Clearance Clerk.
is void ab initio. Petitions to revoke the 1984 trackage rights agreement (1984
[FR Doc. 2018–12130 Filed 6–5–18; 8:45 am]
exemption under 49 U.S.C. 10502(d) Agreement), it and Conrail have jointly
BILLING CODE 4915–01–P
may be filed at any time. The filing of used the Line for many years.2 NJ
a petition to revoke will not Transit claims that its proposed
automatically stay the effectiveness of acquisition will not affect or impair
the exemption. Petitions for stay must Conrail’s ability to provide freight DEPARTMENT OF TRANSPORTATION
be filed no later than June 13, 2018 (at service to existing or future shippers.
According to NJ Transit, it is acquiring Pipeline and Hazardous Materials
least seven days before the exemption Safety Administration
becomes effective). the property to provide commuter rail
An original and 10 copies of all service and is not acquiring any right or [Docket No. PHMSA–2018–0024; Notice No.
pleadings, referring to Docket No. FD obligation to provide freight service on 2018–07]
36198, must be filed with the Surface the Line. NJ Transit also states that the
Transportation Board, 395 E Street SW, agreements underlying the acquisition Hazardous Materials Safety:
Washington, DC 20423–0001. In do not contain any provisions that International Standards on the
would limit interchange with a third- Transport of Dangerous Goods
addition, a copy of each pleading must
be served on Thomas J. Litwiler, party connecting carrier. AGENCY: Pipeline and Hazardous
Fletcher & Sippel LLC, 29 North Wacker NJ Transit certifies that, because it Materials Safety Administration
Drive, Suite 920, Chicago, IL 60606. will not conduct any rail carrier (PHMSA), Department of Transportation
According to NOPB Corp., this action operations on the Line, its projected (DOT).
is categorically excluded from revenues from freight operations will ACTION: Notice of public meetings.
environmental review under 49 CFR not result in the creation of a Class I or
1105.6(c). Class II carrier. SUMMARY: On Tuesday, June 12, 2018,
Board decisions and notices are NJ Transit states that it will PHMSA will host two public meetings.
available on our website at consummate the proposed transaction at The first meeting—led by PHMSA—will
WWW.STB.GOV. the conclusion of this exemption solicit public input on current proposals
proceeding. The earliest this transaction and discuss potential new work items
Decided: June 1, 2018.
may be consummated is June 20, 2018, for inclusion in the agenda of the 53rd
By the Board, Scott M. Zimmerman, Acting the effective date of the exemption (30
Director, Office of Proceedings. session of the United Nations Sub-
days after the verified notice of Committee of Experts on the Transport
Jeffrey Herzig, exemption was filed). of Dangerous Goods (UNSCOE TDG).
Clearance Clerk. If the notice contains false or The second meeting—led by the
[FR Doc. 2018–12190 Filed 6–5–18; 8:45 am] misleading information, the exemption Occupational Safety and Health
BILLING CODE 4915–01–P is void ab initio. Petitions to revoke the Administration (OSHA)—will discuss
exemption under 49 U.S.C. 10502(d) proposals in preparation for the 35th
may be filed at any time. The filing of session of the United Nations Sub-
SURFACE TRANSPORTATION BOARD a petition to revoke will not Committee of Experts on the Globally
[Docket No. FD 36195] automatically stay the effectiveness of Harmonized System of Classification
the exemption. Petitions for stay must and Labelling of Chemicals
New Jersey Transit Corporation— be filed no later than June 13, 2018 (at (UNSCEGHS).
Acquisition Exemption—Consolidated least seven days before the exemption
becomes effective). DATES: Both public meetings will take
Rail Corporation in the County of
Middlesex, N.J. An original and 10 copies of all place on Tuesday, June 12, 2018.
pleadings, referring to Docket No. FD PHMSA Public Meeting: 9 a.m. to 12
The New Jersey Transit Corporation 36195, must be filed with the Surface p.m. EDT
(NJ Transit), a noncarrier, has filed a Transportation Board, 395 E Street SW, OSHA Public Meeting: 1 p.m. to 4 p.m.
verified notice of exemption under 49 Washington, DC 20423–0001. In EDT
CFR 1150.31 to acquire from addition, a copy of each pleading must ADDRESSES: Both public meetings will
Consolidated Rail Corporation (Conrail) be served on Charles A. Spitulnik, take place at DOT Headquarters, West
an approximately 3.3-mile portion of the Building, Oklahoma City Conference
property commonly known as the Delco 1 NJ Transit also filed a motion to dismiss the Room, 1200 New Jersey Avenue SE,
notice of exemption on the grounds that the Washington, DC 20590–0001.
daltland on DSKBBV9HB2PROD with NOTICES

served Mar. 21, 2014) (noting that the authority for transaction does not require authorization from the
Board. The motion to dismiss will be addressed in FOR FURTHER INFORMATION CONTACT: Mr.
a continuance in control exemption under 49 CFR
1180.2(d)(2) would be effective prospectively only); a subsequent Board decision. Steven Webb or Mr. Aaron Wiener,
see also Kan. City S. Lines, Inc.—Corp. Family 2 NJ Transit includes with its verified notice Office of Hazardous Materials Safety,
Transaction Exemption—KCS Transp. Co., FD excerpts from the 1984 Agreement. It also submits Pipeline and Hazardous Materials Safety
33510, slip op. at 1 n.1 (STB served Dec. 10, 1997) documents implementing the current transaction
(‘‘no class exemption provides for retroactive including an agreement supplementing the 1984
Administration, 1200 New Jersey
application’’). Accordingly, the authority will be Agreement, a quitclaim deed, and an agreement of Avenue SE, Washington, DC 20590,
effective prospectively only. sale. (202) 366–8553.

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Document Created: 2018-06-06 00:54:10
Document Modified: 2018-06-06 00:54:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 26338