[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Page 71699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27374]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36526]


Cape May Seashore Lines, Inc.--Trackage Rights Exemption--New 
Jersey Transit Corporation

    Cape May Seashore Lines, Inc. (CMSL), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1180.2(d)(7) for 
acquisition of local trackage rights over a rail line owned by New 
Jersey Transit Corporation (NJ Transit), a noncarrier, that is 
comprised of a section of the Cape May Branch between milepost 
27.02 at Winslow Junction, N.J., and milepost 53.0 at Tuckahoe, N.J., and a section of the Ocean City Branch 
between milepost 53.0 at Tuckahoe and milepost 58.7 at Palermo, N.J., a total distance of approximately 31.68 miles 
(the Line).
    Pursuant to a written trackage rights agreement (Agreement),\1\ NJ 
Transit has agreed to grant local trackage rights to CMSL over the 
Line. CMSL states that NJ Transit acquired the Line from Consolidated 
Rail Corporation (Conrail) but does not have a common carrier 
obligation with respect to the Line. According to CMSL, Conrail retains 
an easement to operate freight service on the Line, but NJ Transit has 
the right to grant access to other parties. CMSL states that under the 
Agreement, CMSL will provide local freight service over the Line, in 
lieu of and with the consent of Conrail, with Conrail retaining limited 
overhead trackage and interchange rights.
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    \1\ A copy of the Agreement was filed with CMSL's verified 
notice of exemption.
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    The transaction may be consummated on or after December 31, 2021, 
the effective date of the exemption (30 days after the verified notice 
was filed).
    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. However, 49 U.S.C. 11326(c) 
does not provide for labor protection for transactions under 49 U.S.C. 
11324 and 11325 that involve only Class III 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. Petitions for stay must be filed by December 23, 2021 (at 
least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36526, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on CMSL's 
representative, Eric M. Hocky, Clark Hill PLC, Two Commerce Square, 
2001 Market Street, Suite 2620, Philadelphia, PA 19103.
    According to CMSL, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: December 14, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2021-27374 Filed 12-16-21; 8:45 am]
BILLING CODE 4915-01-P