by Jeff Smith
https://dcms-external.s3.amazonaws.com/ ... /51757.pdf
The New Jersey Transit Corporation (NJ Transit), a noncarrier, has filed a
verified notice of exemption under 49 C.F.R. § 1150.31 to acquire from Norfolk
Southern Railway Company (NSR) an approximately 9.15-mile portion of the property
commonly known as the Washington Secondary Track in Morris and Warren Counties,
N.J., from milepost 48.1 to milepost 57.25 (the Line). NJ Transit states that, under the
proposed transaction, it would acquire ownership of the Line and NSR would retain an
exclusive freight easement preserving NSR’s ability to operate freight service on the
entire Washington Secondary Track.
NJ Transit states that usage of the Line will continue to be governed by the
trackage rights agreement (the 1984 Agreement) between NJ Transit and NSR’s
predecessor, the Consolidated Rail Corporation.2 According to NJ Transit, it is acquiring
the property to support its commuter rail operations.
NJ Transit certifies that the proposed transaction does not involve a provision or
agreement that would limit future interchange with a third-party connecting carrier. NJ
Transit also certifies that, because it will not conduct any rail carrier operations on the
Line, its projected annual revenues will not exceed $5 million and will not result in the
creation of a Class I or Class II carrier.
NJ Transit states that it will consummate the proposed transaction following
completion of the proceedings at the Board related to this notice and the related motion
to dismiss. The earliest this transaction may be consummated is June 29, 2023, the
effective date of the exemption (30 days after the verified notice of exemption was
filed).
Next stop, Willoughby
~el Jefe :: RAILROAD.NET Site Administrator/Co-Owner; Carman at Naugatuck Railroad
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~el Jefe :: RAILROAD.NET Site Administrator/Co-Owner; Carman at Naugatuck Railroad
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