CSX Transportation, Inc., Norfolk Southern Railway Company, and Consolidated Rail Corporation-Modified Rail Certificate 1, 50499-50500 [E6-14034]
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Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Notices
communications system, the need to
conduct a 30-day test period of the radio
communications system before exit gate
installation, and the need to install
advance warning signs before the 24hour new quiet zone takes effect. The
City and BNSF seek to retain the current
partial quiet zone in order to avoid
disruption and confusion in the interim
and state that safety will not be
compromised.
Interested parties are invited to
participate in these proceedings by
submitting written views, data or
comments. Each comment shall
specifically set forth the basis upon
which it is made and contain a concise
statement of the interest of the
commenter in the proceeding. FRA does
not anticipate the need to schedule a
public hearing in connection with this
proceeding since the facts do not appear
to warrant a hearing. If any interested
party desires an opportunity to
comment, they should notify FRA in
writing within 15 days of the date of
publication of this notice and specify
the basis for their request.
All communications concerning these
proceedings should identify the docket
number set forth above and must be
submitted to the Docket Clerk, DOT
Docket Management Facility, Room PL–
401 (Plaza Level), 400 7th Street, SW.,
Washington, DC 20590.
Communications received within 30
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. FRA reserves the right to
grant temporary relief to avoid lapse of
the existing partial quiet zone while the
comment period is open, after
consideration of any comments filed
prior to the initial date of decision. All
written communications concerning this
proceeding are available for
examination during regular business
hours (9 a.m.–5 p.m.) at the above
facility. All documents in the public
docket are available for inspection and
copying on the Internet at the docket
facility’s Web site: https://dms.dot.gov.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the Department of
Transportation’s complete Privacy Act
Statement, which was published in the
Federal Register on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78). The Privacy Act Statement may also
be found at https://dms.dot.gov.
VerDate Aug<31>2005
14:57 Aug 24, 2006
Jkt 208001
Issued in Washington, DC on August 22,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–14112 Filed 8–24–06; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34908]
CSX Transportation, Inc., Norfolk
Southern Railway Company, and
Consolidated Rail Corporation—
Modified Rail Certificate 1
On August 8, 2006, CSX
Transportation, Inc. (CSXT), Norfolk
Southern Railway Company (NSR), and
Consolidated Rail Corporation (Conrail)
(collectively, the parties) filed a notice
for a modified certificate of public
convenience and necessity under 49
CFR part 1150, subpart C, Modified
Certificate of Public Convenience and
Necessity, to provide rail freight
operations jointly and severally over
7.69 miles of abandoned rail line of the
former Staten Island Railway
Corporation (SIRR) in New York and
New Jersey lying generally between the
Conrail Chemical Coast Line and points
on Staten Island, NY.2 The line consists
of two segments as follows: (a) The
North Shore Line between the end of
track at milepost 4.6 at Union Avenue
east of Arlington Yard, Richmond
County, NY, and milepost 7.4, via the
Chemical Coast Connector, at the
proposed point of switch at the
connection between the Chemical Coast
Connector and Conrail’s Chemical Coast
Line in Union County, NJ, a distance of
2.8 miles;3 and (b) the Travis Branch
1 The parties were previously granted similar
authority in CSX Transportation, Inc., Norfolk
Southern Railway Company, and Consolidated Rail
Corporation—Modified Rail Certificate, STB
Finance Docket No. 34473 (STB served Mar. 19,
2004). They have concurrently filed a notice of
intent to terminate service authorized in that
proceeding, stating that they did not conclude an
agreement with the New York City Economic
Development Corporation (NYCEDC) and the Port
Authority of New York and New Jersey (Port
Authority) in order to be able to commence
operations.
2 See Staten Island Railway Corporation—
Abandonment Exemption—in Richmond County,
NY, Docket No. AB–263 (Sub-No. 2X) (ICC served
July 3, 1990), and Staten Island Railway
Corporation—Abandonment, Docket No. AB–263
(Sub-No. 3) (ICC served Dec. 5, 1991). The lines
were subsequently acquired by NYCEDC and the
Port Authority.
3 On January 21, 2004, the Board served a
decision in Port Authority of New York and New
Jersey—Petition for Declaratory Order, STB Finance
Docket No. 34428, finding that the construction by
the Port Authority and NYCEDC of the connector
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50499
between milepost 0.00 Arlington Yard
Station and milepost 4.41 in Richmond
County, a distance of 4.41 miles.
Included within the North Shore Line
segment are all tracks in Arlington Yard
together with lead tracks on both the
east and west ends of the yard, the socalled Wye Connector, that provides a
direct connection to the Travis Branch
from the North Shore Line and a track
designated as the Travis Lead that
provides a connection to and from the
Travis Branch to the east end of
Arlington Yard.4
The parties have concurrently filed a
petition for exemption in STB Finance
Docket No. 34909, CSX Transportation,
Inc., Norfolk Southern Railway
Company, and Consolidated Rail
Corporation—Joint Use and Operation
Exemption, wherein they are seeking
approval to provide for the joint use of,
and joint rail freight operations over,
this line.
No rail service has been provided over
the line in more than 15 years. The
provision of freight rail service in this
proceeding is a component of the Staten
Island Railroad Revitalization Project, a
joint effort between the Port Authority
and NYCEDC. The parties will provide
rail freight operations over the line
pursuant to an operating agreement as
part of the project.5 That operating
agreement, between the parties and
NYCEDC, as administrator, provides for
the parties to manage and maintain the
line. The parties indicate that operations
over the line are scheduled to
commence on October 1, 2006 6 and
continue for a 10-year term, which is
renewable for an additional 10 years.
According to the parties, they will not
be obligated to commence operations
and assume responsibility until the
operating agreement has been signed
and is fully in effect, which, among
other actions, requires that: (1)
Reconstruction of the line by NYCEDC
is completed, Conrail has inspected the
between the SIRR trackage and the Chemical Coast
Secondary Line, and operations thereover, did not
require Board approval. The parties will reach this
segment via the connector.
4 On October 29, 2003, NYCEDC filed a petition
for a declaratory order seeking certain
determinations as to the Travis Branch. See The
New York City Economic Development
Corporation—Petition for Declaratory Order, STB
Finance Docket No. 34429 (STB served July 15,
2004), in which the Board granted the request,
finding that the proposed construction project did
not require agency authorization and that federal
preemption applied.
5 That agreement is attached as an exhibit to the
notice.
6 The parties seek expedited action by the Board
in STB Finance Docket No. 34909 to permit rail
operations to commence by that date, and have
included a proposed procedural schedule to
accomplish that goal.
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50500
Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Notices
line and is satisfied with the physical
condition of the line, including, but not
limited to, all signals and
appurtenances, and the appropriate and
necessary crews of the parties have been
qualified to operate the line; and (2) the
U.S. Coast Guard regulations and
requirements with respect to the
maintenance and operation of the
Arthur Kill Lift Bridge are acceptable to
Conrail.
The parties state that there are three
primary traffic flows anticipated over
the line: (1) Intermodal traffic moving in
blocks assembled by the Howland Hook
Marine Terminal/Port Ivory carrier
moving to and from Arlington Yard
(Howland Hook Traffic); (2)
containerized municipal solid waste
trains assembled by the Fresh Kills
facility carrier to and from the Fresh
Kills facility (Fresh Kills Traffic); and
(3) mixed merchandise (including
aggregates and paper products) moving
to and from two potential customers
located on the Travis Branch (Travis
Branch Traffic) that may, in the future,
construct rail connections from their
facilities to the Travis Branch in order
to receive direct rail service.
The parties indicate that, as currently
planned, Conrail will move the
Howland Hook Traffic and the Travis
Branch Traffic between Staten Island
and the North Jersey Shared Asset
Area 7 for line haul movement via NSR
and CSXT. Conrail will switch the
Travis Branch Traffic directly from the
relevant customer’s facilities, if and
when it develops, between Staten Island
and the North Jersey Shared Asset Area
for line haul movement via NSR and
CSXT. NSR and/or CSXT at a future
time will likely provide service to the
Fresh Kills Traffic and the Howland
Hook Traffic directly, as that traffic is
expected to move in unit train volumes.
Conrail will dispatch the line.
The rail lines qualify for a modified
certificate of public convenience and
necessity. See Common Carrier Status of
States, State Agencies and
Instrumentalities and Political
Subdivisions, Finance Docket No.
28990F (ICC served July 16, 1981).
The parties indicate that the only
precondition to any shipper’s receipt of
service is the execution of an agreement
with CSXT or NSR that specifies the
rates and other terms and conditions of
service that such railroad will provide.
Conrail will not be authorized to quote
rates and other terms and conditions of
service, just as it is not authorized to do
7 This area was established in CSX Corp. et al.—
Control—Conrail, Inc. et al., 3 S.T.B. 196, 228
(1998).
VerDate Aug<31>2005
14:57 Aug 24, 2006
Jkt 208001
so in the North Jersey Shared Asset
Area.
This notice will be served on the
Association of American Railroads (Car
Service Division) as agent for all
railroads subscribing to the car-service
and car-hire agreement: Association of
American Railroads, 50 F Street, NW.,
Washington, DC 20001; and on the
American Short Line and Regional
Railroad Association: American Short
Line and Regional Railroad Association,
50 F Street, NW., Suite 7020,
Washington, DC 20001.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: August 18, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6–14034 Filed 8–24–06; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34909]
CSX Transportation, Inc., Norfolk
Southern Railway Company, and
Consolidated Rail Corporation—Joint
Use and Operation Exemption
Surface Transportation Board.
Notice of filing of Petition for
Exemption.
AGENCY:
ACTION:
SUMMARY: On August 8, 2006, CSX
Transportation, Inc. (CSXT), Norfolk
Southern Railway Company (NSR), and
Consolidated Rail Corporation (Conrail)
(collectively, petitioners), jointly filed a
petition for exemption under 49 U.S.C.
10502 from the prior approval
requirements of 49 U.S.C. 11323–25 for
petitioners to provide for the joint use
and joint rail freight operations over
7.69 miles of abandoned rail line of the
former Staten Island Railway
Corporation 1 in New York and New
Jersey lying generally between the
Conrail Chemical Coast Line and points
on Staten Island, NY. The line consists
of two segments as follows: (a) The
North Shore Line between the end of
track at milepost 4.6 at Union Avenue
1 See Staten Island Railway Corporation—
Abandonment Exemption—in Richmond County,
NY, Docket No. AB–263 (Sub-No. 2X) (ICC served
July 3, 1990), and Staten Island Railway
Corporation—Abandonment, Docket No. AB–263
(Sub-No. 3) (ICC served Dec. 5, 1991). The lines
were subsequently acquired by the New York City
Economic Development Corporation (NYCEDC) and
the Port Authority of New York and New Jersey
(Port Authority).
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Frm 00118
Fmt 4703
Sfmt 4703
east of Arlington Yard, Richmond
County, NY, and milepost 7.4, via the
Chemical Coast Connector, at the
proposed point of switch at the
connection between the Chemical Coast
Connector and Conrail’s Chemical Coast
Line in Union County, NJ, a distance of
2.8 miles, and (b) the Travis Branch
between milepost 0.00 Arlington Yard
Station and milepost 4.41 in Richmond
County, a distance of 4.41 miles.
Included within the North Shore Line
segment are all tracks in Arlington Yard
together with lead tracks on both the
east and west ends of the yard, the socalled Wye Connector, that provides a
direct connection to the Travis Branch
from the North Shore Line and a track
designated as the Travis Lead that
provides a connection to and from the
Travis Branch to the east end of
Arlington Yard.2
Petitioners have requested expedited
action by the Board on this petition to
permit rail operations to commence by
October 1, 2006, and have included a
proposed procedural schedule to
accomplish that goal.3 Petitioners have
concurrently filed a Notice of Modified
Certificate of Public Convenience and
Necessity to operate the subject line in
STB Finance Docket No. 34908, CSX
Transportation, Inc., Norfolk Southern
Railway Company, and Consolidated
Rail Corporation—Modified Rail
Certificate.4
DATES: Comments are due September
14, 2006. To assist any potential
commenters, petitioners and NYCEDC
have stated that they will provide
unredacted versions of relevant
agreements. Replies are due September
18, 2006. Subsequently, the Board will
issue a decision as soon as practicable.
ADDRESSES: An original and 10 copies of
all pleadings, referring to STB Finance
Docket No. 34909, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, one copy of all
pleadings must be served on petitioners’
representatives: Louis E. Gitomer, 600
Baltimore Avenue, Suite 301, Towson,
MD 21204, Peter J. Shudtz, 1331
Pennsylvania Avenue, NW., Suite 560,
2 On August 17, 2006, NYCEDC filed a response
in which it supports the exemption petition and
request for expedited consideration.
3 The Board will handle this exemption petition
as expeditiously as is practicable.
4 Petitioners were previously granted similar
authority in CSX Transportation, Inc., Norfolk
Southern Railway Company, and Consolidated Rail
Corporation—Modified Rail Certificate, STB
Finance Docket No. 34473 (STB served Mar. 19,
2004). Petitioners have concurrently filed a notice
of intent to terminate service authorized in that
proceeding, stating that they did not conclude an
agreement with NYCEDC and the Port Authority in
order to be able to commence operations.
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]]>Agencies
[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Notices]
[Pages 50499-50500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14034]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34908]
CSX Transportation, Inc., Norfolk Southern Railway Company, and
Consolidated Rail Corporation--Modified Rail Certificate \1\
---------------------------------------------------------------------------
\1\ The parties were previously granted similar authority in CSX
Transportation, Inc., Norfolk Southern Railway Company, and
Consolidated Rail Corporation--Modified Rail Certificate, STB
Finance Docket No. 34473 (STB served Mar. 19, 2004). They have
concurrently filed a notice of intent to terminate service
authorized in that proceeding, stating that they did not conclude an
agreement with the New York City Economic Development Corporation
(NYCEDC) and the Port Authority of New York and New Jersey (Port
Authority) in order to be able to commence operations.
---------------------------------------------------------------------------
On August 8, 2006, CSX Transportation, Inc. (CSXT), Norfolk
Southern Railway Company (NSR), and Consolidated Rail Corporation
(Conrail) (collectively, the parties) filed a notice for a modified
certificate of public convenience and necessity under 49 CFR part 1150,
subpart C, Modified Certificate of Public Convenience and Necessity, to
provide rail freight operations jointly and severally over 7.69 miles
of abandoned rail line of the former Staten Island Railway Corporation
(SIRR) in New York and New Jersey lying generally between the Conrail
Chemical Coast Line and points on Staten Island, NY.\2\ The line
consists of two segments as follows: (a) The North Shore Line between
the end of track at milepost 4.6 at Union Avenue east of Arlington
Yard, Richmond County, NY, and milepost 7.4, via the Chemical Coast
Connector, at the proposed point of switch at the connection between
the Chemical Coast Connector and Conrail's Chemical Coast Line in Union
County, NJ, a distance of 2.8 miles;\3\ and (b) the Travis Branch
between milepost 0.00 Arlington Yard Station and milepost 4.41 in
Richmond County, a distance of 4.41 miles. Included within the North
Shore Line segment are all tracks in Arlington Yard together with lead
tracks on both the east and west ends of the yard, the so-called Wye
Connector, that provides a direct connection to the Travis Branch from
the North Shore Line and a track designated as the Travis Lead that
provides a connection to and from the Travis Branch to the east end of
Arlington Yard.\4\
---------------------------------------------------------------------------
\2\ See Staten Island Railway Corporation--Abandonment
Exemption--in Richmond County, NY, Docket No. AB-263 (Sub-No. 2X)
(ICC served July 3, 1990), and Staten Island Railway Corporation--
Abandonment, Docket No. AB-263 (Sub-No. 3) (ICC served Dec. 5,
1991). The lines were subsequently acquired by NYCEDC and the Port
Authority.
\3\ On January 21, 2004, the Board served a decision in Port
Authority of New York and New Jersey--Petition for Declaratory
Order, STB Finance Docket No. 34428, finding that the construction
by the Port Authority and NYCEDC of the connector between the SIRR
trackage and the Chemical Coast Secondary Line, and operations
thereover, did not require Board approval. The parties will reach
this segment via the connector.
\4\ On October 29, 2003, NYCEDC filed a petition for a
declaratory order seeking certain determinations as to the Travis
Branch. See The New York City Economic Development Corporation--
Petition for Declaratory Order, STB Finance Docket No. 34429 (STB
served July 15, 2004), in which the Board granted the request,
finding that the proposed construction project did not require
agency authorization and that federal preemption applied.
---------------------------------------------------------------------------
The parties have concurrently filed a petition for exemption in STB
Finance Docket No. 34909, CSX Transportation, Inc., Norfolk Southern
Railway Company, and Consolidated Rail Corporation--Joint Use and
Operation Exemption, wherein they are seeking approval to provide for
the joint use of, and joint rail freight operations over, this line.
No rail service has been provided over the line in more than 15
years. The provision of freight rail service in this proceeding is a
component of the Staten Island Railroad Revitalization Project, a joint
effort between the Port Authority and NYCEDC. The parties will provide
rail freight operations over the line pursuant to an operating
agreement as part of the project.\5\ That operating agreement, between
the parties and NYCEDC, as administrator, provides for the parties to
manage and maintain the line. The parties indicate that operations over
the line are scheduled to commence on October 1, 2006 \6\ and continue
for a 10-year term, which is renewable for an additional 10 years.
According to the parties, they will not be obligated to commence
operations and assume responsibility until the operating agreement has
been signed and is fully in effect, which, among other actions,
requires that: (1) Reconstruction of the line by NYCEDC is completed,
Conrail has inspected the
[[Page 50500]]
line and is satisfied with the physical condition of the line,
including, but not limited to, all signals and appurtenances, and the
appropriate and necessary crews of the parties have been qualified to
operate the line; and (2) the U.S. Coast Guard regulations and
requirements with respect to the maintenance and operation of the
Arthur Kill Lift Bridge are acceptable to Conrail.
---------------------------------------------------------------------------
\5\ That agreement is attached as an exhibit to the notice.
\6\ The parties seek expedited action by the Board in STB
Finance Docket No. 34909 to permit rail operations to commence by
that date, and have included a proposed procedural schedule to
accomplish that goal.
---------------------------------------------------------------------------
The parties state that there are three primary traffic flows
anticipated over the line: (1) Intermodal traffic moving in blocks
assembled by the Howland Hook Marine Terminal/Port Ivory carrier moving
to and from Arlington Yard (Howland Hook Traffic); (2) containerized
municipal solid waste trains assembled by the Fresh Kills facility
carrier to and from the Fresh Kills facility (Fresh Kills Traffic); and
(3) mixed merchandise (including aggregates and paper products) moving
to and from two potential customers located on the Travis Branch
(Travis Branch Traffic) that may, in the future, construct rail
connections from their facilities to the Travis Branch in order to
receive direct rail service.
The parties indicate that, as currently planned, Conrail will move
the Howland Hook Traffic and the Travis Branch Traffic between Staten
Island and the North Jersey Shared Asset Area \7\ for line haul
movement via NSR and CSXT. Conrail will switch the Travis Branch
Traffic directly from the relevant customer's facilities, if and when
it develops, between Staten Island and the North Jersey Shared Asset
Area for line haul movement via NSR and CSXT. NSR and/or CSXT at a
future time will likely provide service to the Fresh Kills Traffic and
the Howland Hook Traffic directly, as that traffic is expected to move
in unit train volumes. Conrail will dispatch the line.
---------------------------------------------------------------------------
\7\ This area was established in CSX Corp. et al.--Control--
Conrail, Inc. et al., 3 S.T.B. 196, 228 (1998).
---------------------------------------------------------------------------
The rail lines qualify for a modified certificate of public
convenience and necessity. See Common Carrier Status of States, State
Agencies and Instrumentalities and Political Subdivisions, Finance
Docket No. 28990F (ICC served July 16, 1981).
The parties indicate that the only precondition to any shipper's
receipt of service is the execution of an agreement with CSXT or NSR
that specifies the rates and other terms and conditions of service that
such railroad will provide. Conrail will not be authorized to quote
rates and other terms and conditions of service, just as it is not
authorized to do so in the North Jersey Shared Asset Area.
This notice will be served on the Association of American Railroads
(Car Service Division) as agent for all railroads subscribing to the
car-service and car-hire agreement: Association of American Railroads,
50 F Street, NW., Washington, DC 20001; and on the American Short Line
and Regional Railroad Association: American Short Line and Regional
Railroad Association, 50 F Street, NW., Suite 7020, Washington, DC
20001.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: August 18, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-14034 Filed 8-24-06; 8:45 am]
BILLING CODE 4915-01-P
