[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Page 67991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26768]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36275]


Middletown & New Jersey Railroad, L.L.C.--Lease and Operation 
Exemption Containing Interchange Commitment--Norfolk Southern Railway 
Company

    Middletown & New Jersey Railroad, L.L.C. (M&NJ), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to continue to lease and operate approximately 36.15 miles of rail line 
from Norfolk Southern Railway Company (NSR) in New York (collectively, 
the Lines). The Lines consist of the continued lease of the following 
rail lines from NSR: (1) The Hudson Secondary located between milepost 
LX 2.1 and milepost LX 20.6 (18.5 miles in length); (2) the Walden 
Secondary located between mileposts DJ 5.0 through DJ 10.5 and milepost 
WI 29.1 through WI 32.9 (9.3 miles in length); (3) the Maybrook 
Industrial Track located between milepost RT 1.3 and milepost RT 7.5 
(6.2 miles in length); (4) the Greycourt Industrial Track located 
between milepost IL 52.5 and milepost IL 53.4 (1.0 mile in length); and 
(5) the EL Connection Track located between milepost QK 0.0 and 
milepost QK 0.8 (0.8 miles in length). The Lines also consist of the 
continued sublease to M&NJ of NSR's lease operations over the 
connecting track owned by the New York, Susquehanna & Western Railway 
(NYS&W) located between milepost JS 63.14 and milepost LX 2.1 
(approximately 0.35 miles in length), at Hudson Junction, N.Y. In 
conjunction with leasing (or subleasing) the Lines to M&NJ, NSR also: 
(1) Granted M&NJ incidental overhead trackage rights over NSR's rail 
line located between milepost JS 67.50 and milepost JS 63.14 (4.36 
miles in length); and (2) partially assigned to M&NJ all of NSR's 
rights under the NYS&W Trackage Rights Agreement for NYS&W's continued 
trackage rights operations over the Hudson Secondary track between 
Hudson Junction and Warwick, N.Y.
    M&NJ entered into a lease agreement with NSR in 2010. See 
Middletown & N.J. R.R.--Lease & Operation Exemption--Norfolk S. Ry., FD 
35412, slip op. at 1-2 (STB served Sept. 16, 2010). The verified notice 
states that M&NJ recently entered into an amended lease agreement with 
NSR (Amended Agreement) that, among other things, extended the term of 
the lease to December 31, 2028.
    M&NJ certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class I or Class 
II rail carrier and will not exceed $5 million. As required under 49 
CFR 1150.43(h)(1), M&NJ has disclosed in its verified notice that the 
Amended Agreement contains an interchange commitment.\1\ M&NJ has 
provided additional information regarding the interchange commitment as 
required by 49 CFR 1150.33(h).
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    \1\ A copy of the Amended Agreement with the interchange 
commitment was submitted under seal. See 49 CFR 1150.33(h)(1).
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    The transaction may be consummated on or after December 26, 2019, 
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 December 19, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36275, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on M&NJ's representative, Karl 
Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, 
Washington, DC 20001.
    According to M&NJ, 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 www.stb.gov.

    Decided: December 9, 2019.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019-26768 Filed 12-11-19; 8:45 am]
 BILLING CODE 4915-01-P