New Jersey Transit CorporationAcquisition ExemptionCertain Assets of Consolidated Rail Corporation

[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Notices]
[Page 1226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-194]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33786]


New Jersey Transit Corporation--Acquisition Exemption--Certain 
Assets of Consolidated Rail Corporation

    The New Jersey Transit Corporation (NJ Transit), a noncarrier, has 
filed a verified notice of exemption under 49 CFR Part 1150, Subpart 
D--Exempt Transactions, to acquire from Consolidated Rail Corporation 
(Conrail) certain physical assets of a 31.83-mile rail line, known as 
the Bordentown Secondary Track, between Camden (Milepost 1.07) and 
Trenton, NJ (Milepost 32.9).1 NJ Transit, which is an 
instrumentality of the State of New Jersey, proposes to construct and 
operate a light rail transit system on the line. NJ Transit states that 
Conrail will retain an easement and continue to operate freight service 
over the line on behalf of Norfolk Southern Railroad Company (NS), and 
CSX Transportation, Inc. (CSXT) under the terms of the South Jersey 
Shared Assets Area Operating Agreement (Agreement) among Conrail, NS 
and CSXT.2 Consummation of the transaction was expected to 
occur on or after December 15, 1999, the effective date of the 
exemption.
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    \1\ NJ Transit simultaneously filed a motion to dismiss the 
notice of exemption. The Board will address the jurisdictional issue 
raised by the motion in a subsequent decision.
    \2\ The Board approved the Agreement in CSX Corporation and CSX 
Transportation, Inc., Norfolk Southern Corporation and Norfolk 
Southern Railway Company--Control and Operating Leases/Agreements--
Conrail Inc. and Consolidated Rail Corporation, STB Finance Docket 
No. 33388 (STB served July 23, 1998).
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    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. A 
petition 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 transaction. An original and 10 copies of all pleadings, 
referring to STB Finance Docket No. 33786, must be filed with the 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, NW, Washington, DC 20423-0001. In addition, a copy 
of each pleading must be served on Kevin M. Sheys, Oppenheimer Wolff 
Donnelly & Bayh, LPP, 1350 Eye Street, NW, Suite 200, Washington, DC 
20005.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 30, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-194 Filed 1-6-00; 8:45 am]
BILLING CODE 4915-00-P