[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Page 65836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29497]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35297]


New Jersey Seashore Lines, Inc.--Operation Exemption--Clayton 
Sand Company

    New Jersey Seashore Lines, Inc. (NJSL), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to operate 
approximately 13 miles of rail line \1\ owned by Clayton Sand Company 
(Clayton), between milepost 66.0 at Lakehurst, Borough of Lakehurst, in 
Ocean County, NJ, and milepost 79.0 at Woodmansie, Woodland Township, 
in Burlington County, NJ.\2\
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    \1\ According to NJSL, the line was formerly operated as private 
industry track by Ashland Railway, Inc., under contract. Prior to 
that time, the line was owned by Consolidated Rail Corporation 
(Conrail), which abandoned it before Clayton's acquisition in 1985.
    \2\ NJSL states that the line connects to the national rail 
system at Lakehurst, NJ.
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    This transaction is related to a concurrently filed verified notice 
of exemption for Anthony Macrie (Macrie), a noncarrier, to continue in 
control of NJSL and Class III rail carrier Cape May Seashore Lines, 
Inc., upon NJSL's becoming a Class III rail carrier. See STB Finance 
Docket No. 35296, Anthony Macrie--Continuance in Control Exemption--New 
Jersey Seashore Lines, Inc.\3\
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    \3\ By decision served on September 25, 2009, the Board held 
publication of the notice in the Federal Register and effectiveness 
of the exemption in abeyance pending further filings by NJSL or 
Clayton. On October 14, 2009, NJSL and Macrie filed a joint pleading 
in response to the Board's order. On October 22, 2009, James Riffin 
filed a notice of intent to participate as a party of record and 
specified a number of findings he wanted the Board to make in 
connection with the notice. The Board will specifically address the 
issues raised in the above filings in a future Board decision, but 
the explanation provided by NJSL is sufficient to permit the 
publication of the notice.
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    The transaction may be consummated on or after December 25, 2009.
    NJSL certifies that its projected annual revenues as a result of 
the transaction will not result in NJSL becoming a Class II or Class I 
rail carrier and further certifies that its projected annual revenue 
will not exceed $5 million.
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161, Sec.  193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.
    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 18, 
2009 (at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35297, 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 John D. Heffner, 1750 K Street, 
NW., Suite 200, Washington, DC 20006.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 7, 2009.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-29497 Filed 12-10-09; 8:45 am]
BILLING CODE 4915-01-P