[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60471-60472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22703]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34551]


Standard Terminal Railroad of New Jersey, Inc.--Acquisition 
Exemption--Rail Line of Joseph C. Horner

    Standard Terminal Railroad of New Jersey, Inc. (STRR), a 
noncarrier, has filed a verified notice of exemption under 49 CFR 
1150.31 to acquire approximately 1.25 miles of rail line located in the 
Township of Bridgewater and the Borough of Manville, Somerset County, 
NJ, that is part of a rail line known as the Reading Company New York 
Branch (also known as the Raritan Valley Connecting Track), and 
identified as Line Code 0326, between milepost 57.25 at Manville Yard 
and milepost 58.50 at a junction with New Jersey's commuter line.\1\ 
STRR will provide common carrier rail service through a subcontractor 
who will conduct the day-to-day operations on the line.
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    \1\ The Board previously granted an exemption to Morristown & 
Erie Railway, Inc. (M&E) to operate the rail property that is the 
subject of this notice of exemption. See Morristown & Erie Railway, 
Inc.--Operation Exemption--Somerset Terminal Railroad Corporation, 
STB Finance Docket No. 34267 (STB served Dec. 20, 2002).
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    STRR states that it has purchased the right to operate over this 
line of railroad, which is owned by Joseph C. Horner, pursuant to a 
perpetual, irrevocable, exclusive and assignable easement. STRR also 
states that it has acquired title to a railroad bridge spanning the 
Raritan River that connects the properties on which the easement lies. 
STRR indicates that, although Mr. Horner and STRR effectuated the 
transfer of property by Quitclaim Deeds on July 26 and 27, 2002, the 
ownership of the property is a matter pending in the United States 
Bankruptcy Court. In the Matter of Bridgwater Resources, Inc., No. 00-
60057 (WHG) (D.N.J.).
    Publication of this notice and effectiveness of the exemption does 
not constitute any finding by the Board concerning the ownership of the 
property involved. The exemption merely permits STRR and Mr. Horner to 
consummate the described transaction if and when they, in fact, have 
the legal capacity to do so.\2\
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    \2\ By letter filed on September 16, 2004, Bridgewater 
Resources, Inc. (Bridgewater), which owns and operates a solid waste 
transfer facility near Bridgewater, NJ, states that neither STRR nor 
M&E have operating rights over the property in question. Bridgewater 
states that it owns the exclusive easement over the property, as 
well as the track and track structure. According to Bridgewater, 
Norfolk Southern Railway Company has used the track, with 
Bridgewater's permission, to provide direct rail service to 
Bridgewater's facility. Bridgewater does not seek to stay the 
exemption but urges the Board in publishing its notice to stress 
that publication of this notice does not constitute any finding by 
the Board concerning the ownership of the property involved and does 
not provide any basis for STRR to claim that the Board has permitted 
STRR to conduct or subcontract operations in the absence of a 
decision by the court that STRR has the legal right to conduct such 
operations. STRR replied on September 17, 2004.
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    It should be noted that there may be two operators on the line if 
STRR begins operations. The Board has sanctioned dual operations on 
rail lines previously, and requires coordinated dispatching and 
operating protocols to assure safe operations. The Federal Railroad 
Administration also has regulations governing rail safety in the 
instance of such operations. These regulations have assured safe 
operations in the past and may be relied upon to do so in the future, 
on this line and elsewhere. To assure coordination of dispatching, STRR 
must certify to the Board that coordination protocols for dual 
operations are in place and have been fully communicated to the other 
operator before its operations can commence on the line under this 
authority.
    STRR certifies that its projected revenues as a result of this 
transaction will not exceed those that would qualify it as a Class III 
rail carrier.
    STRR states that it intends to consummate the transaction by the 
later of 7 days after the exemption was filed or upon affirmation of 
its ownership rights by the bankruptcy court.
    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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34551, must be filed with

[[Page 60472]]

the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001. In addition, one copy of each pleading must be served on 
Jeffrey O. Moreno, Esq., Thompson Hine LLP, 1920 N Street, NW., Suite 
800, Washington, DC 20036-1600.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: September 30, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-22703 Filed 10-7-04; 8:45 am]
BILLING CODE 4915-01-P