[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Page 10960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03634]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36666]


New Jersey Department of Environmental Protection--Acquisition 
Exemption--Norfolk Southern Railway Company

    The New Jersey Department of Environmental Protection (NJDEP), a 
non-carrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire the right to reactivate rail service from Norfolk 
Southern Railway Company (NSR) on approximately 8.6 miles of rail-
banked railroad line extending between milepost WD 2.9 in Jersey City, 
Hudson County, N.J., and milepost WD 11.5 in the Township of Montclair, 
Essex County, N.J. (the Line).
    In Norfolk Southern Railway--Abandonment Exemption--in Hudson & 
Essex Counties, N.J., AB 290 (Sub-No. 408X) (STB served Sept. 29, 
2020), the Board authorized abandonment of the Line.\1\ NJDEP states 
that the Line is currently subject to interim trail use under a trail 
use agreement between NJDEP and NSR under the Trails Act. (Notice of 
Trail Use Agreement, Aug. 19, 2022, AB 290 (Sub-No. 408X).)
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    \1\ In the same decision, the Board issued a notice of interim 
trail use or abandonment (NITU) to allow the Open Space Institute 
Land Trust, Inc. (OSI), as the proposed trail sponsor, to negotiate 
with NSR for interim trail use/rail banking of the Line's right-of-
way under the National Trails System Act, 16 U.S.C. 1247(d) (Trails 
Act). The NITU later was extended until September 29, 2022. Norfolk 
S. Ry.--Aban. Exemption--in Hudson & Essex Cntys., N.J., AB 290 
(Sub-No. 408X) (STB served Sept. 3, 2021). Thereafter, pursuant to a 
request from OSI, the Board issued a replacement NITU substituting 
NJDEP as the proposed trail sponsor. Norfolk S. Ry.--Aban. 
Exemption--in Hudson & Essex Cntys., N.J., AB 290 (Sub-No. 408X) 
(STB served June 30, 2022).
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    NJDEP states that NSR agreed to convey to NJDEP the property 
comprising the Line, including the rails, track materials, and bridges, 
as well as NSR's residual rights to terminate trail use and reactivate 
rail service. According to NJDEP, NSR does not wish to retain any 
residual rights related to the Line, and NJDEP is willing to acquire 
such residual rights. NJDEP states that it would obtain a contract 
operator to operate the Line if rail service were to be reactivated and 
acknowledges that any such operator would require operating authority 
from the Board.
    NJDEP certifies that its projected annual revenues as a result of 
this transaction will not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million. NJDEP further 
certifies that the proposed transaction does not involve a provision or 
agreement that would limit future interchange with a third-party 
connecting carrier.
    The transaction may be consummated on or after March 8, 2023, the 
effective date of the exemption (30 days after the verified notice was 
filed).
    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 to stay must be filed no later than March 1, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36666, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
NJDEP's representative, Paul Stofa, State of New Jersey Department of 
Environmental Protection, 401 East State Street, Trenton, NJ 08625-
0420.
    According to NJDEP, this action is categorically excluded from 
environmental reporting requirements 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: February 15, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2023-03634 Filed 2-21-23; 8:45 am]
BILLING CODE 4915-01-P