[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59856-59857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16817]


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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, DoT.

ACTION: Notice of exemption.

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SUMMARY: Under 49 U.S.C. 10502, the Board is granting a petition for 
exemption 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, subject to appropriate employee protective conditions.\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; 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.\3\ Petitioners have asked for expedited consideration 
of the petition.
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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\ Notice of the filing and a request for comments was served 
and published in the Federal Register on August 25, 2006 (71 FR 
50500-01). Comments in support of the petition were filed by Mayor 
Michael R. Bloomberg of the City of New York, NYCEDC and the Port 
Authority. No comments were filed in opposition.
    \3\ Petitioners 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. That request was granted by 
decision served and published in the Federal Register on August 25, 
2006 (71 FR 50499-50500).

DATES: The exemption will be effective on October 8, 2006. Petitions to 
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reopen must be filed by October 25, 2006.

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 59857]]

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

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1609. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision served on October 5, 2006. To purchase a copy of the 
full decision, write, e-mail, or call: ASAP Document Solutions, 9332 
Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail: [email protected]; 
telephone: (202) 306-4004. [Assistance for the hearing impaired is 
available through FIRS at 1-800-877-8339.]
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: October 4, 2006.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
 [FR Doc. E6-16817 Filed 10-10-06; 8:45 am]
BILLING CODE 4915-01-P