[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Page 1488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-627]


[STB Finance Docket No. 33300]

New York & Atlantic Railway Company; Operation Exemption; The 
Long Island Rail Road Company

    New York & Atlantic Railway Company (NYAR), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31 to acquire the 
freight operations of The Long Island Rail Road Company (LIRR), a New 
York State public benefit corporation, including the right to operate 
the freight business on an exclusive basis, and conduct other freight 
operations on approximately 268.6 route miles in the State of New York, 
as follows: (1) The Bay Ridge Branch (MP 4.0 to MP 16.0), the Central 
Extension (MP 19.1 to MP 21.2), and the Bushwick Branch (MP 4.0 to MP 
6.0) (collectively, the Freight Line); and (2) the Main Line (MP 9.3 to 
MP 94.3), the Montauk Branch (MP 0.0 to MP 115.8), the Port Jefferson 
Branch (MP 24.9 to MP 58.0), the Central Branch (MP 28.7 to MP 35.9), 
the Central Extension (MP 18.7 to MP 19.1), the Hempstead Branch (MP 
13.3 to MP 18.7), the West Hempstead Branch (MP 15.5 to MP 20.1), and 
the Montauk Cut-off (MP 0.3 to MP 1.3) (collectively the Joint Use 
Line, and, together with the Freight Line, the Subject Line). LIRR will 
continue to provide passenger operations on the Joint Use Line. NYAR 
will conduct exclusive freight operations on the Subject Line for an 
initial term of 20 years, with an extension option, under certain 
circumstances, for an additional 10 years.
    The exemption was to become effective on December 12, 1996, and the 
parties expect to consummate the transaction in the first quarter of 
    This transaction is related to a concurrently filed verified notice 
to continue in control of NYAR, upon its becoming a Class III rail 
carrier in STB Finance Docket No. 33301, Peter A. Gilbertson, H. Terry 
Hearst, Bruce A. Lieberman, R. Lawrence McCaffrey, Jr., and Harold F. 
Parmly --Continuance in Control Exemption--New York & Atlantic Railway 

    \1\ On December 31, 1996, International Brotherhood of 
Locomotive Engineers (IBLE) filed a petition to reject the notices 
of exemption filed in STB Finance Docket Nos. 33300 and 33301 or to 
revoke the exemptions. The petition also supports a statement by 
Claire Shulman, President of the Borough of Queens (Shulman), filed 
December 11, 1996, which IBLE characterizes as a petition for 
rejection or revocation. By decision served on December 20, 1996, 
NYAR was granted an extension until January 10, 1997, for its reply 
to Shulman. The Shulman and IBLE filings, as well as any replies, 
will be considered by the entire Board in a separate decision.

    In addition to the filings mentioned in footnote 1, the Board 
received a number of letters from local governments, officials, and 
community leaders concerned with the movement of municipal solid waste 
(MSW) through their communities. LIRR submitted to the Board's Section 
of Environmental Analysis (SEA) an Environmental Assessment (EA), which 
was prepared under the New York State Environmental Quality Review Act 
by ICF Kaiser Consulting Group, and summary information drawn from its 
EA. The information provided by LIRR states that MSW carloads are 
projected to increase regardless of whether LIRR continues to conduct 
freight operations or the operations are transferred to NYAR.
    SEA has carefully reviewed the EA and summary information submitted 
by LIRR. SEA has determined that the information satisfies the Board's 
obligations under the National Environmental Policy Act and provides 
the sufficient analysis which would normally be prepared by SEA in 
railroad operations that exceed the Board's thresholds at 49 CFR 
1105.7(e)(4)(5). Therefore, the EA and summary information will be 
adopted as the Board's own with a finding that there will be no 
significant environmental impacts associated with the proposed 
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding 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 
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33300, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on Paul C. Oakley, Esq., Weiner, Brodsky, 
Sidman & Kider, P.C., Suite 800, 1350 New York Avenue, N.W., 
Washington, DC 20005-4797.

    Decided: January 7, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Vernon A. Williams,
[FR Doc. 97-627 Filed 1-9-97; 8:45 am]