Notice2024-31460
Dover and Delaware River Railroad, LLC-Lease and Operation Exemption Including Interchange Commitment-Norfolk Southern Railway Company
Primary source
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Published
January 2, 2025
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 90 Issue 1 (Thursday, January 2, 2025)</title>
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[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Pages 124-125]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31460]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36821]
Dover and Delaware River Railroad, LLC--Lease and Operation
Exemption Including Interchange Commitment--Norfolk Southern Railway
Company
Dover and Delaware River Railroad, LLC (DDRR), a Class III rail
carrier, has filed a verified notice of exemption under 49 CFR 1150.41
to exempt from regulation DDRR's amendment (the Amendment) modifying
the existing lease (the Current Lease) that DDRR and Norfolk Southern
Railway Company entered into in 2018 and amended in 2023.\1\ The lines
subject to the Current Lease and Amendment (Leased Lines), which DDRR
will continue to operate after the transaction, include: (1) the
Washington Secondary, between milepost WD 57.25 (previously WD 58.0) at
Hackettstown, N.J., and milepost WD 80.3 at Phillipsburg, N.J.; (2) the
Old Road Industrial Track, between milepost 66.5 TG at Washington,
N.J., and milepost 67.6 TG at Washington; (3) the Pompton Industrial
Track, between milepost PQ 21.4 at Mountain View, N.J., and milepost PQ
22.2 at Wayne, N.J.; and (4) the Totowa Spur, between milepost TO 18.0
at Totowa, N.J., and milepost 21.0 at Wayne, a total of 27.95 miles of
rail line. The Amendment will extend the term and will also revise
other commercial terms of the Current Lease.\2\
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\1\ See Dover & Del. River R.R.--Lease with Interchange
Commitment & Trackage Rts. Exemption--Norfolk S. Ry., FD 36258 et
al. (STB served Feb. 15, 2019); Dover & Del. River R.R.--Lease
Containing Interchange Commitment & Trackage Rts. Exemption--Norfolk
S. Ry., FD 36703 (STB served June 16, 2023).
\2\ According to the verified notice, the trackage rights that
were originally authorized together with the Current Lease will
continue unchanged.
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DDRR certifies that its projected annual revenues from this
transaction will not result in the creation of a Class I or Class II
rail carrier and will not exceed $5 million. DDRR also certifies that
an interchange commitment will continue to apply during the term of the
Amendment. DDRR has provided additional information regarding the
interchange commitment as required under 49 CFR 1150.43(h).
According to the verified notice, the Amendment will become
effective once
[[Page 125]]
the notice of exemption becomes effective, and DDRR will continue to
operate the Leased Lines under the Current Lease until that point. The
earliest this transaction may be consummated is January 16, 2025, 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 for stay must be filed no later than January 9,
2025.
All pleadings, referring to Docket No. FD 36821, 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, one copy of each pleading must be served on
DDRR's representative, Justin J. Marks, Clark Hill PLC, 1001
Pennsylvania Ave. NW, Suite 1300 South, Washington, DC 20004.
According to DDRR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic 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>.y,
Decided: December 26, 2024.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2024-31460 Filed 12-31-24; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on January 2, 2025.
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