[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Notices]
[Pages 50500-50501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14035]


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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

AGENCY: Surface Transportation Board.

ACTION: Notice of filing of Petition for Exemption.

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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 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 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.\2\
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    \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).
    \2\ On August 17, 2006, NYCEDC filed a response in which it 
supports the exemption petition and request for expedited 
consideration.
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    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\
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    \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.

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 
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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,

[[Page 50501]]

Washington, DC 20004, and John V. Edwards, Three Commercial Place, 
Norfolk, VA 23510.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Conrail is jointly controlled by CSX 
Corporation (CSX) and Norfolk Southern Corporation (NSC). CSX controls 
CSXT and NSC controls NSR. CSXT and NSR are Class I railroads; Conrail 
is a Class III railroad. The subject line is accessed through the North 
Jersey Shared Asset Area approved in CSX Corp. et al.--Control--
Conrail, Inc. et al., 3 S.T.B. 196 (1998).
    According to petitioners, no service has been provided over this 
line for more than 15 years. Petitioners have submitted this petition 
seeking: (1) An exemption permitting them to implement the operations 
described in the related modified certificate in a manner described in 
the operating agreement between petitioners and NYCEDC; (2) a prior 
determination that the Board authority granted pursuant to this 
petition will automatically expire upon termination of the modified 
certificate; and (3) a determination that the grant of authority under 
49 U.S.C. 11323 will not give Conrail any ratemaking, interchange, or 
other common carrier authority that it currently lacks.
    According to petitioners, the joint use agreement will govern their 
joint use of the line and the coordination of their operations, and 
will set forth their rights and obligations thereunder. The agreement 
provides that the line will be operated, maintained, and dispatched by 
Conrail, and that it will be used by or for the equal, full, and 
exclusive benefit of CSXT and NSR. CSXT and NSR will have the option of 
providing service directly or through Conrail and will compete with 
each other to serve shippers on the line.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: August 18, 2006.

    By the Board, Vernon A. Williams, Secretary.
Vernon A. Williams,
Secretary.
[FR Doc. E6-14035 Filed 8-24-06; 8:45 am]
BILLING CODE 4915-01-P