New Jersey Transit Corporation-Acquisition Exemption-Consolidated Rail Corporation in the County of Middlesex, N.J., 26338 [2018-12130]

Download as PDF 26338 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices As a condition to this exemption, any employees affected by the acquisition of the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). 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 36198, 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 Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606. According to NOPB Corp., this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our website at WWW.STB.GOV. Decided: June 1, 2018. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018–12190 Filed 6–5–18; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36195] New Jersey Transit Corporation— Acquisition Exemption—Consolidated Rail Corporation in the County of Middlesex, N.J. daltland on DSKBBV9HB2PROD with NOTICES 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 served Mar. 21, 2014) (noting that the authority for a continuance in control exemption under 49 CFR 1180.2(d)(2) would be effective prospectively only); see also Kan. City S. Lines, Inc.—Corp. Family Transaction Exemption—KCS Transp. Co., FD 33510, slip op. at 1 n.1 (STB served Dec. 10, 1997) (‘‘no class exemption provides for retroactive application’’). Accordingly, the authority will be effective prospectively only. VerDate Sep<11>2014 17:35 Jun 05, 2018 Jkt 244001 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 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 thirdparty connecting carrier. 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, 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. 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. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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 DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2018–0024; Notice No. 2018–07] Hazardous Materials Safety: International Standards on the Transport of Dangerous Goods Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of public meetings. AGENCY: On Tuesday, June 12, 2018, PHMSA will host two public meetings. The first meeting—led by PHMSA—will solicit public input on current proposals and discuss potential new work items for inclusion in the agenda of the 53rd session of the United Nations SubCommittee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The second meeting—led by the Occupational Safety and Health Administration (OSHA)—will discuss proposals in preparation for the 35th session of the United Nations SubCommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS). DATES: Both public meetings will take place on Tuesday, June 12, 2018. PHMSA Public Meeting: 9 a.m. to 12 p.m. EDT OSHA Public Meeting: 1 p.m. to 4 p.m. EDT ADDRESSES: Both public meetings will take place at DOT Headquarters, West Building, Oklahoma City Conference Room, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: Mr. Steven Webb or Mr. Aaron Wiener, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366–8553. SUMMARY: E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Page 26338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
---------------------------------------------------------------------------

    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