[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65389-65390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27501]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36258]
Dover and Delaware River Railroad, LLC--Lease with Interchange
Commitment and Trackage Rights Exemption--Norfolk Southern Railway
Company and New Jersey Transit Corporation
Dover and Delaware River Railroad, LLC (DDRR), a noncarrier, has
filed a verified notice of exemption under 49 CFR 1150.31 to (1) lease
from Norfolk Southern Railway Company (NS) and
[[Page 65390]]
operate 27.2 miles of rail lines (the Leased Lines),\1\ and (2) operate
pursuant to a trackage rights agreement among DDRR, NS, and New Jersey
Transit Corporation (NJT) over 80.7 miles of rail lines (the Trackage
Lines), all in the State of New Jersey.
---------------------------------------------------------------------------
\1\ Attached to its notice, DDRR included a Confidential
Appendix containing an unexecuted copy of its lease with NS. On
December 14, 2018, DDRR filed a supplement to its Confidential
Appendix with an executed copy of the lease.
---------------------------------------------------------------------------
The Leased Lines run (i) between milepost WD 58.0 at Hackettstown
and milepost WD 80.3 at Phillipsburg; (ii) between milepost 66.5 TG at
Washington and milepost 67.6 TG at Washington; (iii) between milepost
PQ 21.4 at Mountain View and milepost PQ 22.2 at Wayne; and (iv)
between milepost TO 18.0 at Totowa and milepost 21.0 at Wayne.
The Trackage Lines run (i) between milepost 7.8 at Newark Broad
Street and milepost 48.1 at Netcong; (ii) between milepost 48.1 at
Netcong and milepost 58.0 at Hackettstown; (iii) between milepost 20.1
at Summit and milepost 25.7 at Berkeley Heights; and (iv) between
milepost 9.0 at Newark Roseville Avenue and milepost 33.9 at Denville.
This transaction is related to a concurrently filed verified
petition for exemption in Kean Burenga & Chesapeake & Delaware, LLC--
Continuance in Control Exemption--Dover & Delaware River Railroad, LLC,
Docket No. FD 36259, in which Kean Burenga and Chesapeake and Delaware,
LLC seek the Board's approval to continue in control of DDRR upon
DDRR's becoming a Class III rail carrier.
DDRR states that NS currently provides freight service on the
Lines. DDRR further states that NS owns the Leased Lines, and NJT owns
the Trackage Lines, over which NS holds a residual freight easement and
trackage rights. DDRR represents that, upon consummation of the
transaction, it will become the freight operator on the Lines.
DDRR certifies that its projected annual revenues from this
transaction will not result in the creation of a Class I or Class II
rail carrier and will not exceed $5 million. As is required under 49
CFR 1150.33(h)(1), DDRR discloses in its verified notice that its lease
agreement with NS for the Leased Lines contains an interchange
commitment that will affect interchange with carriers other than NS on
the Leased Lines. DDRR has provided additional information regarding
the interchange commitment as required under 49 CFR 1150.33(h). DDRR
represents that the trackage rights agreement among it, NS, and NJT for
the Trackage Lines does not contain an interchange commitment.
DDRR states that it will not commence operations on the Lines until
the Board issues a decision on the concurrently filed verified petition
for exemption in Docket No. FD 36259. The effective date of this lease
and operation exemption will be held in abeyance pending review of the
petition for exemption.
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 seven days
before the exemption becomes effective; a deadline for filing petitions
for stay will be established in a future decision that establishes an
effective date for this exemption.
An original and 10 copies of all pleadings, referring to Docket No.
FD 36258, 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 DDRR's representative, Eric. M. Hocky, Clark
Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000,
Philadelphia, PA 19103.
According to DDRR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
under 49 CFR 1105.8(b).
Board decisions and notices are available on our website at
www.stb.gov.
Decided: December 14, 2018.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2018-27501 Filed 12-19-18; 8:45 am]
BILLING CODE 4915-01-P