Middletown & New Jersey Railroad, L.L.C.-Lease and Operation Exemption Containing Interchange Commitment-Norfolk Southern Railway Company, 67991 [2019-26768]

Download as PDF Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices required to provide, prior to an agency’s submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Information from certain schedules contained in these reports is available at the Board’s website at WWW.STB.GOV by navigating to ‘‘Reports & Data’’ and clicking on ‘‘Economic Data.’’ Information in these reports is not available from any other source. Dated: December 9, 2019. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2019–26783 Filed 12–11–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36275] khammond on DSKJM1Z7X2PROD with NOTICES Middletown & New Jersey Railroad, L.L.C.—Lease and Operation Exemption Containing Interchange Commitment—Norfolk Southern Railway Company Middletown & New Jersey Railroad, L.L.C. (M&NJ), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to continue to lease and operate approximately 36.15 miles of rail line from Norfolk Southern Railway Company (NSR) in New York (collectively, the Lines). The Lines consist of the continued lease of the following rail lines from NSR: (1) The Hudson Secondary located between milepost LX 2.1 and milepost LX 20.6 (18.5 miles in length); (2) the Walden Secondary located between mileposts DJ 5.0 through DJ 10.5 and milepost WI 29.1 through WI 32.9 (9.3 miles in length); (3) the Maybrook Industrial Track located between milepost RT 1.3 and milepost RT 7.5 (6.2 miles in length); (4) the Greycourt Industrial Track located between milepost IL 52.5 and milepost IL 53.4 (1.0 mile in length); and (5) the EL Connection Track located between milepost QK 0.0 and milepost QK 0.8 (0.8 miles in length). The Lines also consist of the continued sublease to M&NJ of NSR’s lease operations over the connecting track owned by the New York, Susquehanna & Western Railway (NYS&W) located between milepost JS 63.14 and milepost LX 2.1 (approximately 0.35 miles in length), at Hudson Junction, N.Y. In conjunction with leasing (or subleasing) the Lines to M&NJ, NSR also: (1) Granted M&NJ incidental overhead trackage rights over NSR’s rail line VerDate Sep<11>2014 17:56 Dec 11, 2019 Jkt 250001 located between milepost JS 67.50 and milepost JS 63.14 (4.36 miles in length); and (2) partially assigned to M&NJ all of NSR’s rights under the NYS&W Trackage Rights Agreement for NYS&W’s continued trackage rights operations over the Hudson Secondary track between Hudson Junction and Warwick, N.Y. M&NJ entered into a lease agreement with NSR in 2010. See Middletown & N.J. R.R.—Lease & Operation Exemption—Norfolk S. Ry., FD 35412, slip op. at 1–2 (STB served Sept. 16, 2010). The verified notice states that M&NJ recently entered into an amended lease agreement with NSR (Amended Agreement) that, among other things, extended the term of the lease to December 31, 2028. M&NJ certifies that its projected annual revenues as a result of this transaction will not result in the creation of 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 Amended Agreement contains an interchange commitment.1 M&NJ has provided additional information regarding the interchange commitment as required by 49 CFR 1150.33(h). The transaction may be consummated on or after December 26, 2019, the effective date of the exemption (30 days after the verified notice of exemption 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 for stay must be filed no later than December 19, 2019 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36275, must be filed with the Surface Transportation Board either via e-filing or in writing addressed to 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 & Associates, 440 1st Street NW, Suite 440, Washington, DC 20001. According to M&NJ, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). 1 A copy of the Amended Agreement with the interchange commitment was submitted under seal. See 49 CFR 1150.33(h)(1). PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 67991 Board decisions and notices are available at www.stb.gov. Decided: December 9, 2019. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Eden Besera, Clearance Clerk. [FR Doc. 2019–26768 Filed 12–11–19; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD 60-Day Notice of Intent To Seek Extension of Approval: Information Collection Activities—Recordations (Rail and Water Carrier Liens), Water Carrier Tariffs, and Agricultural Contract Summaries Surface Transportation Board. Notice and request for comments. AGENCY: ACTION: As required by the Paperwork Reduction Act of 1995 (PRA), the Surface Transportation Board (STB or Board) gives notice of its intent to seek approval from the Office of Management and Budget (OMB) for an extension of the collection required by statute for rail or water carrier equipment liens (recordations), water carrier tariffs, and rail agricultural contract summaries, as described in more detail below. DATES: Comments on this information collection should be submitted by February 10, 2020. ADDRESSES: Direct all comments to Chris Oehrle, Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001, or to PRA@stb.gov. When submitting comments, please refer to ‘‘Paperwork Reduction Act Comments, Recordations (Rail and Water Carrier Liens), Water Carrier Tariffs, and Agricultural Contract Summaries.’’ For further information regarding this collection, contact Michael Higgins, Deputy Director, Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0284 or michael.higgins@stb.gov. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: Comments are requested concerning: (1) The accuracy of the Board’s burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate; and (4) whether the SUMMARY: E:\FR\FM\12DEN1.SGM 12DEN1

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[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Page 67991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26768]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36275]


Middletown & New Jersey Railroad, L.L.C.--Lease and Operation 
Exemption Containing Interchange Commitment--Norfolk Southern Railway 
Company

    Middletown & New Jersey Railroad, L.L.C. (M&NJ), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to continue to lease and operate approximately 36.15 miles of rail line 
from Norfolk Southern Railway Company (NSR) in New York (collectively, 
the Lines). The Lines consist of the continued lease of the following 
rail lines from NSR: (1) The Hudson Secondary located between milepost 
LX 2.1 and milepost LX 20.6 (18.5 miles in length); (2) the Walden 
Secondary located between mileposts DJ 5.0 through DJ 10.5 and milepost 
WI 29.1 through WI 32.9 (9.3 miles in length); (3) the Maybrook 
Industrial Track located between milepost RT 1.3 and milepost RT 7.5 
(6.2 miles in length); (4) the Greycourt Industrial Track located 
between milepost IL 52.5 and milepost IL 53.4 (1.0 mile in length); and 
(5) the EL Connection Track located between milepost QK 0.0 and 
milepost QK 0.8 (0.8 miles in length). The Lines also consist of the 
continued sublease to M&NJ of NSR's lease operations over the 
connecting track owned by the New York, Susquehanna & Western Railway 
(NYS&W) located between milepost JS 63.14 and milepost LX 2.1 
(approximately 0.35 miles in length), at Hudson Junction, N.Y. In 
conjunction with leasing (or subleasing) the Lines to M&NJ, NSR also: 
(1) Granted M&NJ incidental overhead trackage rights over NSR's rail 
line located between milepost JS 67.50 and milepost JS 63.14 (4.36 
miles in length); and (2) partially assigned to M&NJ all of NSR's 
rights under the NYS&W Trackage Rights Agreement for NYS&W's continued 
trackage rights operations over the Hudson Secondary track between 
Hudson Junction and Warwick, N.Y.
    M&NJ entered into a lease agreement with NSR in 2010. See 
Middletown & N.J. R.R.--Lease & Operation Exemption--Norfolk S. Ry., FD 
35412, slip op. at 1-2 (STB served Sept. 16, 2010). The verified notice 
states that M&NJ recently entered into an amended lease agreement with 
NSR (Amended Agreement) that, among other things, extended the term of 
the lease to December 31, 2028.
    M&NJ certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of 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 
Amended Agreement contains an interchange commitment.\1\ M&NJ has 
provided additional information regarding the interchange commitment as 
required by 49 CFR 1150.33(h).
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    \1\ A copy of the Amended Agreement with the interchange 
commitment was submitted under seal. See 49 CFR 1150.33(h)(1).
---------------------------------------------------------------------------

    The transaction may be consummated on or after December 26, 2019, 
the effective date of the exemption (30 days after the verified notice 
of exemption 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 for stay must be filed no later than December 19, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36275, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 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 & Associates, 440 1st Street NW, Suite 440, 
Washington, DC 20001.
    According to M&NJ, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: December 9, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019-26768 Filed 12-11-19; 8:45 am]
 BILLING CODE 4915-01-P