[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65832-65833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29499]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35296]


Anthony Macrie--Continuance in Control Exemption--New Jersey 
Seashore Lines, Inc.

    Anthony Macrie (Macrie), a noncarrier, has filed a verified notice 
of exemption to continue in control of New Jersey Seashore Lines, Inc. 
(NJSL), upon NJSL's becoming a Class III rail carrier.
    This transaction is related to a concurrently filed verified notice 
of exemption for NJSL to operate approximately 13 miles of rail line 
owned by Clayton Sand Company, 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.\1\ See STB 
Finance Docket No. 35297, New Jersey Seashore Lines, Inc.--Operation 
Exemption--Clayton Sand Company.\2\
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    \1\ Macrie states that the involved line is a segment of rail 
line originally known as the Central Railroad Company of New 
Jersey's Southern Division.
    \2\ By decision served on September 25, 2009, the Board held 
publication of this notice in abeyance because it is directly 
related to the notice in STB Finance Docket No. 35297 which was also 
held in abeyance. In a decision served today in STB Finance Docket 
No. 35297, the Board is publishing the notice that had been held in 
abeyance. Thus, this notice is also no longer being held in 
abeyance.
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    The parties may consummate the transaction on or after December 24, 
2009.
    Macrie owns 100 percent of the common stock of NJSL and also owns 
100 percent of the common stock of Cape May Seashore Lines, Inc. 
(CMSL), an existing Class III rail carrier that obtained authority in 
Cape May Seashore Lines, Inc.--Modified Rail Certificate, STB Finance 
Docket No. 34112 (STB served Nov. 19, 2001).
    The parties represent that: (1) The rail line to be operated by 
NJSL does not connect with any other railroads in the corporate family; 
(2) the transaction is not part of a series of anticipated transactions 
that would connect the rail lines with any other railroad in the 
corporate family; \3\ and (3) the transaction does not involve a Class 
I rail carrier. Therefore, the transaction is exempt from the prior 
approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
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    \3\ Macrie states that, although CMSL and NJSL will both operate 
in the State of New Jersey, the lines of the two carriers are at 
least 50 miles apart at the closest point.
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    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Section 11326(c), however, does 
not provide for labor protection for transactions under sections 11324 
and 11325 that involve only Class III rail carriers. Accordingly, the 
Board may not impose labor protective conditions here because all of 
the carriers involved are Class III carriers.
    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. Stay petitions 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. 35296, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on John D.

[[Page 65833]]

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. E9-29499 Filed 12-10-09; 8:45 am]
BILLING CODE 4915-01-P