Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices 1487

Surface Transportation Board Street in Georgetown, at milepost 0.54; to continue in control of New York & and MP’s undivided one-half interest in Atlantic Railway Company (NYAR), [STB Finance Docket No. 33318] ICC Track No. 48, extending from upon NYAR’s becoming a Class III rail Port of ColumbiaÐAcquisition milepost 0.54 south and west 5,470 feet carrier. to a point connecting with GRR’s line The exemption was to become ExemptionÐUnion Pacific Railroad 1 Company from Kerr, in Williamson County, TX. effective on December 12, 1996, and the GRR is also acquiring MP’s undivided transaction is expected to be Port of Columbia (Port) has filed a one-half interest in the 5,478-foot ICC consummated in the first quarter of verified notice of exemption under 49 Track No. 47, and a 120-foot section of 1997. CFR 1150.31 to acquire approximately Track No. 11, in Georgetown, but as This transaction is related to STB 37.4 miles of rail line owned by Union these will be used as side tracks, no Finance Docket No. 33300, New York & Pacific Railroad Company (UP) between exemption from 49 U.S.C. 10902 is Atlantic Railway Company—Operation milepost 48.0 near Walla Walla, WA, necessary, due to the statutory Exemption—The Long Island Rail Road and milepost 71.3 at Bolles, WA, and exemption for acquisition and operation Company, wherein NYAR seeks to between milepost 0.0 at Bolles, WA, and of side tracks in 49 U.S.C. 10906. acquire the freight operations of The milepost 14.06 at Dayton, WA.1 The exemption was effective on Long Island Rail Road Company, Consummation was expected to occur December 20, 1996. The parties indicate including the right to operate the freight on or shortly after December 19, 1996. that consummation of the transaction business on an exclusive basis.1 If the notice contains false or will occur within 90 days after the In addition to the filings mentioned in misleading information, the exemption effective date of the exemption. footnote 1, the Board received a number is void ab initio. Petitions to revoke the If the verified notice contains false or of letters from local governments, exemption under 49 U.S.C. 10502(d) misleading information, the exemption officials, and community leaders may be filed at any time. The filing of is void ab initio. Petitions to revoke the concerned with the movement of a petition to revoke will not exemption under 49 U.S.C. 10502(d) municipal solid waste (MSW) through automatically stay the transaction. may be filed at any time. The filing of their communities. LIRR submitted to An original and 10 copies of all a petition to revoke will not the Board’s Section of Environmental pleadings, referring to STB Finance automatically stay the transaction. Analysis (SEA) an Environmental Docket No. 33318, must be filed with An original and 10 copies of all Assessment (EA), which was prepared the Surface Transportation Board, Office pleadings, referring to STB Finance under the New York State of the Secretary, Case Control Branch, Docket No. 33322, must be filed with Environmental Quality Review Act by 1201 Constitution Avenue, N.W., the Surface Transportation Board, Office ICF Kaiser Consulting Group, and Washington, DC 20423 and served on: of the Secretary, Case Control Branch, summary information drawn from its Karl Morell, Ball Janik LLP, 1455 F 1201 Constitution Avenue, N.W., EA. The information provided by LIRR Street, N.W., Suite 225, Washington, DC Washington, DC 20423. In addition, a states that MSW carloads are projected 20005. copy of each pleading must be served to increase regardless of whether LIRR on: Betty Jo Christian, Steptoe & Decided: January 6, 1997. continues to conduct freight operations Johnson LLP, 1330 Connecticut Ave., or the operations are transferred to By the board, David M. Konschnik, N.W., Washington, DC 20036. Director, Office of Proceedings. NYAR. Decided: January 3, 1997. SEA has carefully reviewed the EA Vernon A. Williams, By the Board, David M. Konschnik, and summary information submitted by Secretary. Director, Office of Proceedings. LIRR. SEA has determined that the [FR Doc. 97–629 Filed 1–9–97; 8:45 am] Vernon A. Williams, information satisfies the Board’s BILLING CODE 4915±00±P Secretary. obligations under the National [FR Doc. 97–628 Filed 1–9–97; 8:45 am] Environmental Policy Act and provides the sufficient analysis which would [STB Finance Docket No. 33322] BILLING CODE 4915±00±P normally be prepared by SEA in railroad Georgetown Railroad Company, operations that exceed the Board’s Acquisition and Operation Exemption, [STB Finance Docket No. 33301] thresholds at 49 CFR 1105.7(e)(4)(5). Missouri Pacific Railroad Company Therefore, the EA and summary Peter A. Gilbertson, H. Terry Hearst, information will be adopted as the Georgetown Railroad Company (GRR), Bruce A. Lieberman, R. Lawrence Board’s own with a finding that there a Class III rail carrier, has filed a verified McCaffrey, Jr., and Harold F. ParmlyÐ will be no significant environmental notice of exemption under 49 CFR Continuance in Control ExemptionÐ impacts associated with the proposed 1150.41 to acquire and operate over New York & Atlantic Railway Company transaction. approximately 8,338 feet of Missouri Peter A. Gilbertson, H. Terry Hearst, Applicants own and control two Pacific Railroad Company’s (MP) line of Bruce A. Lieberman, R. Lawrence existing Class III common carriers by railroad known as MP’s ICC Track No. McCaffrey, Jr., and Harold F. Parmly 11 in Georgetown, which extends from (Applicants), noncarrier individuals, 1 On December 31, 1996, International the terminus of GRR’s line at milepost have filed a verified notice of exemption Brotherhood of Locomotive Engineers (IBLE) filed 0.0 (MP’s former milepost 923.70) in a petition to reject the notices of exemption filed in STB Finance Docket Nos. 33300 and 33301 or to Georgetown, to the east side of Church 1 This transaction involves GRR’s acquisition and revoke the exemptions. The petition also supports operation of a 1.58-mile segment of track a statement by Claire Shulman, President of the 1 Blue Mountain Railroad, Inc. (BMR) currently connecting GRR’s line from Kerr to Georgetown, Borough of Queens (Shulman), filed December 11, operates over the line pursuant to a lease agreement TX, with a 16.32-mile line from Georgetown to 1996, which IBLE characterizes as a petition for that was the subject of a notice of exemption in Granger, TX, that GRR purchased from MP. rejection or revocation. By decision served on Finance Docket No. 32193. The agreement between Abandonment of the line was authorized in December 20, 1996, NYAR was granted an UP and the Port is subject to that lease agreement Missouri Pacific Railroad Company— extension until January 10, 1997, for its reply to and BMR will continue to operate the line after this Abandonment—in Williamson County, TX Shulman. The Shulman and IBLE filings, as well as transaction is consummated under an assignment of (Georgetown Branch), Docket No. AB–3 (Sub-No. any replies, will be considered by the entire Board the lease from UP to the Port. 94) (ICC served Oct. 21, 1991). in a separate decision. 1488 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices rail operating in three states: Chicago under 49 CFR 1150.31 to acquire the Assessment (EA), which was prepared SouthShore & South Bend Railroad Co., freight operations of The Long Island under the New York State operating in Northern Illinois and Rail Road Company (LIRR), a New York Environmental Quality Review Act by Northern Indiana; and Louisville & State public benefit corporation, ICF Kaiser Consulting Group, and Indiana Railroad Company, operating in including the right to operate the freight summary information drawn from its Southern Indiana and Northern business on an exclusive basis, and EA. The information provided by LIRR Kentucky. conduct other freight operations on states that MSW carloads are projected Applicants state that: (i) the railroads approximately 268.6 route miles in the to increase regardless of whether LIRR will not connect with each other or any State of New York, as follows: (1) The continues to conduct freight operations railroad in their corporate family; (ii) Bay Ridge Branch (MP 4.0 to MP 16.0), or the operations are transferred to the continuance in control is not part of the Central Extension (MP 19.1 to MP NYAR. a series of anticipated transactions that 21.2), and the Bushwick Branch (MP 4.0 SEA has carefully reviewed the EA would connect the railroads with each to MP 6.0) (collectively, the Freight and summary information submitted by other or any railroad in their corporate Line); and (2) the Main Line (MP 9.3 to LIRR. SEA has determined that the family; and (iii) the transaction does not MP 94.3), the Montauk Branch (MP 0.0 information satisfies the Board’s involve a Class I carrier. Therefore, the to MP 115.8), the Port Jefferson Branch obligations under the National transaction is exempt from the prior (MP 24.9 to MP 58.0), the Central Environmental Policy Act and provides approval requirements of 49 U.S.C. Branch (MP 28.7 to MP 35.9), the the sufficient analysis which would 11323. See 49 CFR 1180.2(d)(2). Central Extension (MP 18.7 to MP 19.1), normally be prepared by SEA in railroad Under 49 U.S.C. 10502(g), the Board the Hempstead Branch (MP 13.3 to MP operations that exceed the Board’s may not use its exemption authority to 18.7), the West Hempstead Branch (MP thresholds at 49 CFR 1105.7(e)(4)(5). relieve a rail carrier of its statutory 15.5 to MP 20.1), and the Montauk Cut- Therefore, the EA and summary obligation to protect the interests of its off (MP 0.3 to MP 1.3) (collectively the information will be adopted as the employees. Section 11326(c), however, Joint Use Line, and, together with the Board’s own with a finding that there does not provide for labor protection for Freight Line, the Subject Line). LIRR will be no significant environmental transactions under sections 11324 and will continue to provide passenger impacts associated with the proposed 11325 that involve only Class III rail operations on the Joint Use Line. NYAR transaction. carriers. Because this transaction will conduct exclusive freight If the verified notice contains false or involves Class III rail carriers only, the operations on the Subject Line for an misleading information, the exemption Board, under the statute, may not initial term of 20 years, with an is void ab initio. Petitions to reopen the impose labor protective conditions for extension option, under certain proceeding to revoke the exemption this transaction. circumstances, for an additional 10 under 49 U.S.C. 10502(d) may be filed If the notice contains false or years. at any time. The filing of a petition to misleading information, the exemption The exemption was to become revoke will not automatically stay the is void ab initio. Petitions to revoke the effective on December 12, 1996, and the transaction. exemption under 49 U.S.C. 10502(d) parties expect to consummate the An original and 10 copies of all may be filed at any time. The filing of transaction in the first quarter of 1997. pleadings, referring to STB Finance a petition to revoke will not This transaction is related to a Docket No. 33300, must be filed with automatically stay the transaction. concurrently filed verified notice to the Surface Transportation Board, Office An original and 10 copies of all continue in control of NYAR, upon its of the Secretary, Case Control Branch, pleadings, referring to STB Finance becoming a Class III rail carrier in STB 1201 Constitution Avenue, N.W., Docket No. 33301, must be filed with Finance Docket No. 33301, Peter A. Washington, DC 20423. In addition, a the Surface Transportation Board, Office Gilbertson, H. Terry Hearst, Bruce A. copy of each pleading must be served on of the Secretary, Case Control Branch, Lieberman, R. Lawrence McCaffrey, Jr., Paul C. Oakley, Esq., Weiner, Brodsky, 1201 Constitution Avenue, N.W., and Harold F. Parmly —Continuance in Sidman & Kider, P.C., Suite 800, 1350 Washington, DC 20423. In addition, a Control Exemption—New York & New York Avenue, N.W., Washington, copy of each pleading must be served on Atlantic Railway Company.1 DC 20005–4797. Paul C. Oakley, Esq., Weiner, Brodsky, In addition to the filings mentioned in Decided: January 7, 1997. Sidman & Kider, P.C., Suite 800, 1350 footnote 1, the Board received a number By the Board, David M. Konschnik, New York Avenue, N.W., Washington, of letters from local governments, Director, Office of Proceedings. DC 20005–4797. officials, and community leaders Vernon A. Williams, Decided: January 7, 1997. concerned with the movement of Secretary. municipal solid waste (MSW) through By the Board, David M. Konschnik, [FR Doc. 97–627 Filed 1–9–97; 8:45 am] Director, Office of Proceedings. their communities. LIRR submitted to BILLING CODE 4915±00±P Vernon A. Williams, the Board’s Section of Environmental Secretary. Analysis (SEA) an Environmental [STB Finance Docket No. 33331] [FR Doc. 97–626 Filed 1–9–97; 8:45 am] 1 On December 31, 1996, International BILLING CODE 4915±00±P Brotherhood of Locomotive Engineers (IBLE) filed Respondek Railroad Corporation; a petition to reject the notices of exemption filed Acquisition and Operation Exemption; in STB Finance Docket Nos. 33300 and 33301 or to [STB Finance Docket No. 33300] revoke the exemptions. The petition also supports Evansville Terminal Company a statement by Claire Shulman, President of the Respondek Railroad Corporation New York & Atlantic Railway Company; Borough of Queens (Shulman), filed December 11, Operation Exemption; The Long Island 1996, which IBLE characterizes as a petition for (Respondek), a noncarrier, has filed a Rail Road Company rejection or revocation. By decision served on verified notice of exemption under 49 December 20, 1996, NYAR was granted an CFR 1150.31 to acquire and operate extension until January 10, 1997, for its reply to New York & Atlantic Railway Shulman. The Shulman and IBLE filings, as well as approximately 17.7 miles of line owned Company (NYAR), a noncarrier, has any replies, will be considered by the entire Board by the Evansville Terminal Company filed a verified notice of exemption in a separate decision. (Evansville): (1) Between milepost 227.5