[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Notices]
[Pages 58004-58005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28658]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34112]


Cape May Seashore Lines, Inc.--Modified Rail Certificate

    On October 22, 2001, Cape May Seashore Lines, Inc. (CMSL), a 
noncarrier, filed an application \1\ for a modified certificate of 
public convenience and necessity under 49 CFR 1150, subpart C, Modified 
Certificate of Public Convenience and Necessity, to operate 
approximately 28.94 miles of rail line on the Cape May Branch between 
milepost 51.87 at Tuckahoe, NJ, and milepost 80.0 at Cape May City, NJ, 
and on the Cape May Point Branch between milepost 0.0 at Cape May City 
and milepost 2.6 at Cape May Point. Consolidated Rail Corporation 
(Conrail) owned and operated the line until September 15, 1978, when it 
was sold to the Commuter Operating Agency of the New Jersey Department 
of Transportation pursuant to sections 206(c)(1)(D) and 206(d)(5)(C) of 
the Regional Rail Reorganization Act of 1973, as amended, 45 U.S.C. 701 
et seq. It is CMSL's understanding that Conrail continued to provide 
freight service over the line until June 10, 1983, when Conrail 
obtained authority from the former Interstate Commerce Commission to 
terminate operations over the line.\2\
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    \1\ CMSL concurrently filed redacted and unredacted versions of 
its application, along with a request for a protective order. A 
protective order limiting access to and use of applicant's 
confidential information contained in its unredacted filing was 
served on November 2, 2001.
    \2\ See Conrail Abandonment in Cape May County, NJ, Docket No. 
AB-167 (Sub-No. 478) (ICC served July 1, 1983).
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    CMSL also states that after Conrail terminated its operations, The 
Shore Fast Line, Inc.,\3\ a Class III short line railroad, provided 
freight service on the line. This carrier was subsequently replaced by 
the Southern Railroad of New Jersey.
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    \3\ See generally, Better Materials Corporation and J.C. McHugh-
Control Exemption-The Shore Fast Line, Inc., and The Shore Fast 
Line, Inc.-Operation and Commodities Clause Exemption, Finance 
Docket No. 30156 et al., (ICC served May 3, 1983).
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    On May 21, 1999, CMSL entered into a long term lease agreement with 
the New Jersey Transit Authority (NJT), successor to the New Jersey 
DOT's Commuter Operating Agency, to provide excursion passenger service 
on the line. This agreement was modified on May 22, 2001, to give CMSL 
the sole and exclusive right to operate both excursion passenger and 
common carrier freight service. The initial term

[[Page 58005]]

of the lease between CMSL and NJT is for approximately 30 years, from 
May 21, 1999, to July 31, 2029.
    The line connects with the Conrail Shared Assets Operation at 
milepost 51.87 at Tuckahoe, NJ, providing customers with access to both 
CSX Transportation, Inc. and Norfolk Southern Railroad Company. CMSL 
will initially provide freight service over the line on an as-needed 
basis, and will expand this service as conditions warrant.
    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivision, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    CMSL indicates that no subsidy is involved, that there are no 
preconditions for shippers to meet in order to receive rail service, 
and that it has obtained liability insurance coverage.
    This notice will be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F Street NW, Washington, DC 20001; and on the American Short Line 
and Regional Railroad Association: American Short Line and Regional 
Railroad Association, 1120 G Street NW, Suite 520, Washington, DC 
20005.

    Decided: November 7, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-28658 Filed 11-16-01; 8:45 am]
BILLING CODE 4915-00-P