83 FR 64425 - Middletown & New Jersey Railroad, LLC-Lease Exemption Containing Interchange Commitment-Norfolk Southern Railway Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 240 (December 14, 2018)

Page Range		64425-64425
FR Document		2018-27158

Federal Register, Volume 83 Issue 240 (Friday, December 14, 2018)

[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Page 64425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-27158]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36253]


Middletown & New Jersey Railroad, LLC--Lease Exemption Containing 
Interchange Commitment--Norfolk Southern Railway Company

    Middletown & New Jersey Railroad, LLC (M&NJ), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to lease from Norfolk Southern Railway Company (NS) and to operate 
approximately 1.9 miles of rail line located between Four Story 
Junction at milepost UJ 0 and Middletown, NY, at milepost UJ 1.9, known 
as the Crawford Industrial Track (the Line).
    According to M&NJ, in conjunction with the lease of the Line, it 
will also obtain incidental local and overhead trackage rights over 
rail line located between the western end of Campbell Hall yard at 
milepost JS 67.50, continuing for 9.1 miles to milepost JS 76.60 at CP 
Howells, and from milepost SR 68.90 at CP Howells, continuing for 21 
miles to milepost SR 89.90 at or near Port Jervis, NY (the Incidental 
Trackage Rights). M&NJ states that the Incidental Trackage Rights are 
being granted over a line owned by NS and currently leased to Metro-
North Commuter Railroad Company pursuant to a sublease agreement under 
which NS retained the exclusive, irrevocable, and perpetual right to 
provide or permit rail freight service on the line. See Metro-North 
Commuter R.R--Acquis. & Operation Exemption--Line of Norfolk S. Ry., FD 
34293, slip op. at 2 (STB served May 13, 2003).
    M&NJ certifies that its projected revenues as a result of this 
transaction will not result in M&NJ's becoming a Class I or Class II 
rail carrier and will not exceed $5 million. As required under 49 CFR 
1150.43(h)(1), M&NJ has disclosed in its verified notice that the lease 
agreement contains an interchange commitment that will require M&NJ to 
pay additional charges if it interchanges certain traffic with a rail 
carrier other than NS.\1\ M&NJ has provided additional information 
regarding the interchange commitment as required by 49 CFR 1150.43(h).
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    \1\ A draft copy of the lease agreement was submitted under seal 
with the verified notice.
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    M&NJ states that it expects to consummate the transaction on or 
shortly after the effective date of this notice of exemption. The 
earliest this transaction may be consummated is December 29, 2018 (30 
days after the verified notice was filed).
    If the verified 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 to stay must be filed no later than December 21, 
2018 (at least seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36253, 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 M&NJ's representative, Karl Morell, Karl 
Morell and Associates, Suite 440, 440 1st Street NW, Washington, DC 
20001.
    According to M&NJ, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
under 49 CFR 1105.8(b).
    Board decisions and notices are available on our website at 
www.stb.gov.

    Decided: December 11, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2018-27158 Filed 12-13-18; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64425

FOR FURTHER INFORMATION CONTACT: are important legal authorities that Class I or Class II rail carrier and will
Direct requests for additional permit the Department to use this form. not exceed $5 million. As required
information regarding the collection under 49 CFR 1150.43(h)(1), M&NJ has
Methodology
listed in this notice, including requests disclosed in its verified notice that the
for copies of the proposed collection An application for a Consular Report lease agreement contains an interchange
instrument and supporting documents, of Birth is normally made in the commitment that will require M&NJ to
to Derek Rivers at SA–17, 10th Floor, consular district in which the birth pay additional charges if it interchanges
Washington, DC 20522–1710, who may occurred. The parent respondents will certain traffic with a rail carrier other
be reached on 202–485–6332 or at complete the form and present it to a than NS.1 M&NJ has provided
RiversDA@state.gov. United States Consulate or Embassy, additional information regarding the
SUPPLEMENTARY INFORMATION: who will examine the documentation interchange commitment as required by
• Title of Information Collection: and enter the information provided into 49 CFR 1150.43(h).
Application for Consular Report of Birth the Department of State American M&NJ states that it expects to
Abroad of a Citizen of the United States Citizen Services (ACS) electronic consummate the transaction on or
of America. database. shortly after the effective date of this
• OMB Control Number: 1405–0011. Michelle Bernier-Toth, notice of exemption. The earliest this
• Type of Request: Extension. Managing Director, Bureau of Consular
transaction may be consummated is
• Originating Office: Bureau of Affairs, Department of State. December 29, 2018 (30 days after the
Consular Affairs, Overseas Citizens verified notice was filed).
[FR Doc. 2018–27100 Filed 12–13–18; 8:45 am]
Services (CA/OCS). If the verified notice contains false or
• Form Number: DS–2029. BILLING CODE 4710–06–P
misleading information, the exemption
• Respondents: United States Citizens is void ab initio. Petitions to revoke the
and Nationals. exemption under 49 U.S.C. 10502(d)
• Estimated Number of Respondents: SURFACE TRANSPORTATION BOARD may be filed at any time. The filing of
73,647. [Docket No. FD 36253] a petition to revoke will not
• Estimated Number of Responses: automatically stay the effectiveness of
73,647. Middletown & New Jersey Railroad, the exemption. Petitions to stay must be
• Average Time per Response: 20 LLC—Lease Exemption Containing filed no later than December 21, 2018 (at
minutes. Interchange Commitment—Norfolk least seven days before the exemption
• Total Estimated Burden Time: Southern Railway Company becomes effective).
24,549 hours. An original and 10 copies of all
• Frequency: On occasion. Middletown & New Jersey Railroad,
pleadings, referring to Docket No. FD
• Obligation to Respond: Voluntary. LLC (M&NJ), a Class III rail carrier, has
36253, must be filed with the Surface
We are soliciting public comments to filed a verified notice of exemption
under 49 CFR 1150.41 to lease from Transportation Board, 395 E Street SW,
permit the Department to:
Washington, DC 20423–0001. In
• Evaluate whether the proposed Norfolk Southern Railway Company
(NS) and to operate approximately 1.9 addition, a copy of each pleading must
information collection is necessary for
miles of rail line located between Four be served on M&NJ’s representative,
the proper functions of the Department.
Karl Morell, Karl Morell and Associates,
• Evaluate the accuracy of our Story Junction at milepost UJ 0 and
Middletown, NY, at milepost UJ 1.9, Suite 440, 440 1st Street NW,
estimate of the time and cost burden for
known as the Crawford Industrial Track Washington, DC 20001.
this proposed collection, including the
(the Line). According to M&NJ, this action is
validity of the methodology and
According to M&NJ, in conjunction categorically excluded from
assumptions used.
• Enhance the quality, utility, and with the lease of the Line, it will also environmental review under 49 CFR
clarity of the information to be obtain incidental local and overhead 1105.6(c) and from historic reporting
collected. trackage rights over rail line located under 49 CFR 1105.8(b).
• Minimize the reporting burden on between the western end of Campbell Board decisions and notices are
those who are to respond, including the Hall yard at milepost JS 67.50, available on our website at www.stb.gov.
use of automated collection techniques continuing for 9.1 miles to milepost JS Decided: December 11, 2018.
or other forms of information 76.60 at CP Howells, and from milepost By the Board, Scott M. Zimmerman, Acting
technology. SR 68.90 at CP Howells, continuing for Director, Office of Proceedings.
Please note that comments submitted 21 miles to milepost SR 89.90 at or near Tammy Lowery,
in response to this Notice are public Port Jervis, NY (the Incidental Trackage Clearance Clerk.
record. Before including any detailed Rights). M&NJ states that the Incidental [FR Doc. 2018–27158 Filed 12–13–18; 8:45 am]
personal information, you should be Trackage Rights are being granted over BILLING CODE 4915–01–P
aware that your comments as submitted, a line owned by NS and currently leased
including your personal information, to Metro-North Commuter Railroad
will be available for public review. Company pursuant to a sublease SURFACE TRANSPORTATION BOARD
agreement under which NS retained the
Abstract of Proposed Collection exclusive, irrevocable, and perpetual [Docket No. FD 36257]
The DS–2029, Application for right to provide or permit rail freight
Consular Report of Birth Abroad of a service on the line. See Metro-North Alcoa Energy Services, Inc.—
amozie on DSK3GDR082PROD with NOTICES1

Citizen of the United States of America, Commuter R.R—Acquis. & Operation Acquisition Exemption—Rockdale,
is used by citizens of the United States Exemption—Line of Norfolk S. Ry., FD Sandow & Southern Railroad Company
to report the birth of a child while 34293, slip op. at 2 (STB served May 13, Alcoa Energy Services, Inc. (AESI), a
overseas. The information collected on 2003). noncarrier, has filed a verified notice of
this form will be used to certify the M&NJ certifies that its projected
acquisition of U.S. citizenship at birth of revenues as a result of this transaction 1 A draft copy of the lease agreement was

a person born abroad. 22 CFR 50.5–50.7 will not result in M&NJ’s becoming a submitted under seal with the verified notice.

VerDate Sep<11>2014 16:57 Dec 13, 2018 Jkt 247001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1

Document Created: 2018-12-14 03:50:48
Document Modified: 2018-12-14 03:50:48

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 64425