[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Page 39324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12807]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36676]


New Jersey Transit Corporation--Acquisition Exemption--Norfolk 
Southern Railway Company in the Counties of Morris and Warren, N.J.

    The New Jersey Transit Corporation (NJ Transit), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire 
from Norfolk Southern Railway Company (NSR) an approximately 9.15-mile 
portion of the property commonly known as the Washington Secondary 
Track in Morris and Warren Counties, N.J., from milepost 48.1 to 
milepost 57.25 (the Line). NJ Transit states that, under the proposed 
transaction, it would acquire ownership of the Line and NSR would 
retain an exclusive freight easement preserving NSR's ability to 
operate freight service on the entire Washington Secondary Track.\1\
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    \1\ NJ Transit also filed a motion to dismiss the notice of 
exemption on the grounds that the transaction does not require 
authorization from the Board. The motion to dismiss will be 
addressed in a subsequent Board decision.
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    NJ Transit states that usage of the Line will continue to be 
governed by the trackage rights agreement (the 1984 Agreement) between 
NJ Transit and NSR's predecessor, the Consolidated Rail Corporation.\2\ 
According to NJ Transit, it is acquiring the property to support its 
commuter rail operations.
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    \2\ NJ Transit includes with its verified notice excerpts from 
the 1984 Agreement as well as documents implementing the current 
transaction.
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    NJ Transit certifies that the proposed transaction does not involve 
a provision or agreement that would limit future interchange with a 
third-party connecting carrier. NJ Transit also certifies that, because 
it will not conduct any rail carrier operations on the Line, its 
projected annual revenues will not exceed $5 million and will not 
result in the creation of a Class I or Class II carrier.
    NJ Transit states that it will consummate the proposed transaction 
following completion of the proceedings at the Board related to this 
notice and the related motion to dismiss. The earliest this transaction 
may be consummated is June 29, 2023, the effective date of the 
exemption (30 days after the verified notice of exemption 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 for stay must be filed no later than June 22, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36676, 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 NJ 
Transit's representative, Charles A. Spitulnik, Kaplan Kirsch & 
Rockwell LLP, 450 7th Avenue, Suite 1401, New York, NY 10123.
    According to NJ Transit, 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: June 9, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-12807 Filed 6-14-23; 8:45 am]
BILLING CODE 4915-01-P