Notice2021-27374
Cape May Seashore Lines, Inc.-Trackage Rights Exemption-New Jersey Transit Corporation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 17, 2021
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Page 71699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27374]
=======================================================================
-----------------------------------------------------------------------
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<plus-minus> at Winslow Junction, N.J., and milepost 53.0<plus-
minus> at Tuckahoe, N.J., and a section of the Ocean City Branch
between milepost 53.0<plus-minus> at Tuckahoe and milepost 58.7<plus-
minus> 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.
---------------------------------------------------------------------------
\1\ A copy of the Agreement was filed with CMSL's verified
notice of exemption.
---------------------------------------------------------------------------
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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
</pre></body>
</html>Indexed from Federal Register on December 17, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.