[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Page 23523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10743]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36146]


Bayway Terminal Switching Company, L.L.C.--Modified Certificate 
of Public Convenience and Necessity

    On September 5, 2017, Bayway Terminal Switching Company, L.L.C. 
(BTSC),\1\ a noncarrier, filed a notice for a modified certificate of 
public convenience and necessity under 49 CFR pt. 1150 subpart C--
Modified Certificate of Public Convenience and Necessity, to permit 
BTSC to operate over a rail line owned by the state of New Jersey. The 
rail line is located between milepost 3.15 (East Linden Avenue) and 
milepost 4.56 in Union County, NJ (the Line).\2\
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    \1\ BTSC is a subsidiary of Watco Transportation Services, 
L.L.C., which, in turn, is a subsidiary of Watco Holdings, Inc.
    \2\ The Line, along with other rail lines, was previously 
operated by the Morristown & Erie Railway, Inc. See Morristown & 
Erie Ry.--Modified Rail Certificate, FD 34054 (STB served July 5, 
2002).
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    BTSC states that the abandonment of the Line was previously 
authorized by the Interstate Commerce Commission in Staten Island 
Railway--Abandonment, AB 263 (Sub-No. 3) (ICC served Dec. 5, 1991) and 
Rahway Valley Railroad--Abandonment--Between Aldene & Summit in Union 
County, N.J., AB 211 (ICC served Aug. 27, 1992).
    According to BTSC, it will commence contract carrier switching 
services for four customers located on the Line pursuant to a Railcar 
Switching Agreement (Agreement). BTSC states that the four customers 
are Phillips 66 Company (Phillips), Infineum USA L.P., Veolia North 
America Regeneration Services, LLC, and Solutia Inc. According to BTSC, 
it is seeking this modified certificate so that it can provide common 
carrier switching services should anyone request such service in the 
future. BTSC states that the Agreement has a term of five years subject 
to extensions by agreement of the parties. BTSC further states that 
Phillips is entering into an agreement with the state of New Jersey, 
which will give Phillips custody of the Line.\3\
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    \3\ On April 25, 2018, BTSC supplemented its Notice by 
submitting copies of the agreement between BTSC and Phillips and the 
agreement between Phillips and the state of New Jersey.
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    According to BTSC, it will interchange with Consolidated Rail 
Corporation (Conrail), pursuant to an Interchange Agreement, as a 
contract switching carrier at the Bayway Industrial Track (Bayway 
I.T.); the connecting track between the Bayway I.T./Simmons Lead and 
Bayway Yard and Track No. 4 of Bayway Yard; or, such other location to 
be agreed upon by BTSC and Conrail.
    The Line qualifies for a modified certificate of public convenience 
and necessity. See Common Carrier Status of States, State Agencies & 
Instrumentalities & Political Subdivisions, FD 28990F (ICC served July 
16, 1981); 49 CFR 1150.22.
    BTSC states that no subsidy is involved and that there are no 
preconditions for shippers to meet to receive rail service. BTSC's 
notice also includes a certificate of liability insurance coverage. 
(See Notice Ex. 2.)
    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, at 425 Third Street SW, Suite 1000, 
Washington, DC 20024; and on the American Short Line and Regional 
Railroad Association at 50 F Street NW, Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: May 15, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2018-10743 Filed 5-18-18; 8:45 am]
 BILLING CODE 4915-01-P