[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Pages 63920-63921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25534]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35638]


New Jersey Transit Corporation--Acquisition Exemption--Norfolk 
Southern Railway Company

    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 1.3-mile 
portion of the property commonly known as the ``Orange Industrial 
Track'' in Essex County, N.J., from milepost 8.616 to milepost 9.905 
(the Line). NJ Transit states that, under the proposed transaction, NSR 
would transfer to NJ Transit the real property and railroad fixtures 
associated with the Line. According to NJ Transit, NSR will retain an 
exclusive operating easement to continue to provide freight rail 
service over the Line.\1\
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    \1\ A motion to dismiss this notice of exemption on the grounds 
that the transaction does not require authorization from the Board 
was concurrently filed with this notice of exemption. The motion to 
dismiss will be addressed in a subsequent Board decision.
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    NJ Transit states the proposed transaction has been agreed upon 
pursuant to an Exchange Agreement, Quitclaim Deed, Second Operating 
Agreement, and Trackage Rights Agreement by and between NJ Transit and 
NSR. According to NJ Transit, it is acquiring the property to ensure 
access to a maintenance facility to support its light rail operations, 
and it is not acquiring any freight operating rights. NJ Transit also 
states that the agreement

[[Page 63921]]

does not contain any provisions that would limit interchange with a 
third party.
    NJ Transit certifies that, because it will not conduct any rail 
carrier operations on the Line, its projected revenues from freight 
operations will not result in the creation of a Class I or Class II 
carrier.
    NJ Transit states that it expects to consummate the proposed 
transaction at the conclusion of this exemption proceeding. The 
earliest this transaction may be consummated is October 31, 2012, the 
effective date of the exemption (30 days after the exemption was 
filed).
    If the 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 October 24, 2012 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35638, 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 Charles A. Spitulnik, Kaplan Kirsch & 
Rockwell LLP, 1001 Connecticut Ave. NW., Suite 800, Washington, DC 
20036.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: October 12, 2012.
    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-25534 Filed 10-16-12; 8:45 am]
BILLING CODE 4915-01-P