Jersey Marine Rail, LLC-Petition for Declaratory Order
By decision served on January 31, 2017, the Board granted an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10901 for Jersey Marine Rail, LLC (JMR) to operate as a Class III rail carrier over approximately 5,000 feet of track within the City of Linden, N.J. JMR states that it intends to rehabilitate and restore rail service over the tracks, which include a three-track holding yard and three former industrial spur tracks. JMR states that all six tracks were previously served by a common carrier and have been out of service for up to 30 years. According to JMR, it leases the existing tracks and land upon which it proposes to restore service and operate for a term, with extensions, totaling 50 years. This transaction is exempt from environmental reporting requirements under 49 CFR 1105.6(c) because the operational changes would not exceed any of the thresholds established in 49 CFR 1105.7(e)(4) or (5).