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Home , Arlington Yard, Chemical Coast, Staten Island Railway, Travis Branch

Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Notices 50499

communications system, the need to Issued in Washington, DC on August 22, between milepost 0.00 conduct a 30-day test period of the radio 2006. Station and milepost 4.41 in Richmond communications system before exit gate Grady C. Cothen, Jr., County, a distance of 4.41 . installation, and the need to install Deputy Associate Administrator for Safety Included within the North Shore Line advance warning signs before the 24- Standards and Program Development. segment are all tracks in Arlington Yard hour new quiet zone takes effect. The [FR Doc. E6–14112 Filed 8–24–06; 8:45 am] together with lead tracks on both the City and BNSF seek to retain the current BILLING CODE 4910–06–P east and west ends of the yard, the so- partial quiet zone in order to avoid called Wye Connector, that provides a disruption and confusion in the interim direct connection to the and state that safety will not be DEPARTMENT OF TRANSPORTATION from the North Shore Line and a track compromised. designated as the Travis Lead that Surface Transportation Board Interested parties are invited to provides a connection to and from the participate in these proceedings by [STB Finance Docket No. 34908] Travis Branch to the east end of submitting written views, data or Arlington Yard.4 comments. Each comment shall CSX Transportation, Inc., Norfolk The parties have concurrently filed a specifically set forth the basis upon Company, and petition for exemption in STB Finance which it is made and contain a concise Consolidated Rail Corporation— Docket No. 34909, CSX Transportation, 1 statement of the interest of the Modified Rail Certificate Inc., commenter in the proceeding. FRA does On August 8, 2006, CSX Company, and Consolidated Rail not anticipate the need to schedule a Transportation, Inc. (CSXT), Norfolk Corporation—Joint Use and Operation public hearing in connection with this Southern Railway Company (NSR), and Exemption, wherein they are seeking proceeding since the facts do not appear Consolidated Rail Corporation () approval to provide for the joint use of, to warrant a hearing. If any interested (collectively, the parties) filed a notice and joint rail freight operations over, party desires an opportunity to for a modified certificate of public this line. comment, they should notify FRA in convenience and necessity under 49 No rail service has been provided over writing within 15 days of the date of CFR part 1150, subpart C, Modified the line in more than 15 years. The publication of this notice and specify Certificate of Public Convenience and provision of freight rail service in this the basis for their request. Necessity, to provide rail freight proceeding is a component of the Staten All communications concerning these operations jointly and severally over Island Railroad Revitalization Project, a proceedings should identify the docket 7.69 miles of abandoned rail line of the joint effort between the Port Authority number set forth above and must be former Railway and NYCEDC. The parties will provide submitted to the Docket Clerk, DOT Corporation (SIRR) in and rail freight operations over the line Docket Management Facility, Room PL– lying generally between the pursuant to an operating agreement as 401 (Plaza Level), 400 7th Street, SW., Conrail Line and points part of the project.5 That operating Washington, DC 20590. on Staten Island, NY.2 The line consists agreement, between the parties and Communications received within 30 of two segments as follows: (a) The NYCEDC, as administrator, provides for days of the date of this notice will be North Shore Line between the end of the parties to manage and maintain the considered by FRA before final action is track at milepost 4.6 at Union Avenue line. The parties indicate that operations taken. Comments received after that east of Arlington Yard, Richmond over the line are scheduled to date will be considered as far as County, NY, and milepost 7.4, via the commence on October 1, 2006 6 and practicable. FRA reserves the right to Chemical Coast Connector, at the continue for a 10-year term, which is grant temporary relief to avoid lapse of proposed point of switch at the renewable for an additional 10 years. the existing partial quiet zone while the connection between the Chemical Coast According to the parties, they will not comment period is open, after Connector and Conrail’s Chemical Coast be obligated to commence operations consideration of any comments filed Line in Union County, NJ, a distance of and assume responsibility until the prior to the initial date of decision. All 2.8 miles;3 and (b) the Travis Branch operating agreement has been signed written communications concerning this and is fully in effect, which, among proceeding are available for 1 The parties were previously granted similar other actions, requires that: (1) examination during regular business authority in CSX Transportation, Inc., Norfolk Reconstruction of the line by NYCEDC Southern Railway Company, and Consolidated Rail hours (9 a.m.–5 p.m.) at the above Corporation—Modified Rail Certificate, STB is completed, Conrail has inspected the facility. All documents in the public Finance Docket No. 34473 (STB served Mar. 19, docket are available for inspection and 2004). They have concurrently filed a notice of between the SIRR trackage and the Chemical Coast copying on the Internet at the docket intent to terminate service authorized in that Secondary Line, and operations thereover, did not proceeding, stating that they did not conclude an require Board approval. The parties will reach this facility’s Web site: http://dms.dot.gov. agreement with the Economic segment via the connector. Anyone is able to search the Development Corporation (NYCEDC) and the Port 4 On October 29, 2003, NYCEDC filed a petition electronic form of all comments Authority of New York and New Jersey (Port for a declaratory order seeking certain Authority) in order to be able to commence determinations as to the Travis Branch. See The received into any of our dockets by the operations. New York City Economic Development name of the individual submitting the 2 See Corporation— Corporation—Petition for Declaratory Order, STB comment (or signing the comment, if Abandonment Exemption—in Richmond County, Finance Docket No. 34429 (STB served July 15, submitted on behalf of an association, NY, Docket No. AB–263 (Sub-No. 2X) (ICC served 2004), in which the Board granted the request, business, labor union, etc.). You may July 3, 1990), and Staten Island Railway finding that the proposed construction project did Corporation—Abandonment, Docket No. AB–263 not require agency authorization and that federal review the Department of (Sub-No. 3) (ICC served Dec. 5, 1991). The lines preemption applied. Transportation’s complete Privacy Act were subsequently acquired by NYCEDC and the 5 That agreement is attached as an exhibit to the Statement, which was published in the Port Authority. notice. Federal Register on April 11, 2000 3 On January 21, 2004, the Board served a 6 The parties seek expedited action by the Board decision in Port Authority of New York and New in STB Finance Docket No. 34909 to permit rail (Volume 65, Number 70; Pages 19477– Jersey—Petition for Declaratory Order, STB Finance operations to commence by that date, and have 78). The Privacy Act Statement may also Docket No. 34428, finding that the construction by included a proposed procedural schedule to be found at http://dms.dot.gov. the Port Authority and NYCEDC of the connector accomplish that goal.

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line and is satisfied with the physical so in the North Jersey Shared Asset east of Arlington Yard, Richmond condition of the line, including, but not Area. County, NY, and milepost 7.4, via the limited to, all signals and This notice will be served on the Chemical Coast Connector, at the appurtenances, and the appropriate and Association of American Railroads (Car proposed point of switch at the necessary crews of the parties have been Service Division) as agent for all connection between the Chemical Coast qualified to operate the line; and (2) the railroads subscribing to the car-service Connector and Conrail’s Chemical Coast U.S. Coast Guard regulations and and car-hire agreement: Association of Line in Union County, NJ, a distance of requirements with respect to the American Railroads, 50 F Street, NW., 2.8 miles, and (b) the Travis Branch maintenance and operation of the Washington, DC 20001; and on the between milepost 0.00 Arlington Yard Lift Bridge are acceptable to American Short Line and Regional Station and milepost 4.41 in Richmond Conrail. Railroad Association: American Short County, a distance of 4.41 miles. The parties state that there are three Line and Regional Railroad Association, Included within the North Shore Line primary traffic flows anticipated over 50 F Street, NW., Suite 7020, segment are all tracks in Arlington Yard the line: (1) Intermodal traffic moving in Washington, DC 20001. together with lead tracks on both the blocks assembled by the Howland Hook Board decisions and notices are east and west ends of the yard, the so- Marine Terminal/Port Ivory carrier available on our Web site at http:// called Wye Connector, that provides a moving to and from Arlington Yard www.stb.dot.gov. direct connection to the Travis Branch from the North Shore Line and a track (Howland Hook Traffic); (2) Decided: August 18, 2006. containerized municipal solid waste designated as the Travis Lead that By the Board, David M. Konschnik, provides a connection to and from the trains assembled by the Director, Office of Proceedings. facility carrier to and from the Fresh Travis Branch to the east end of Vernon A. Williams, Arlington Yard.2 Kills facility (Fresh Kills Traffic); and Secretary. (3) mixed merchandise (including Petitioners have requested expedited [FR Doc. E6–14034 Filed 8–24–06; 8:45 am] aggregates and paper products) moving action by the Board on this petition to to and from two potential customers BILLING CODE 4915–01–P permit rail operations to commence by located on the Travis Branch (Travis October 1, 2006, and have included a proposed procedural schedule to Branch Traffic) that may, in the future, DEPARTMENT OF TRANSPORTATION accomplish that goal.3 Petitioners have construct rail connections from their concurrently filed a Notice of Modified facilities to the Travis Branch in order Surface Transportation Board Certificate of Public Convenience and to receive direct rail service. [STB Finance Docket No. 34909] Necessity to operate the subject line in The parties indicate that, as currently STB Finance Docket No. 34908, CSX planned, Conrail will move the CSX Transportation, Inc., Norfolk Transportation, Inc., Norfolk Southern Howland Hook Traffic and the Travis Southern Railway Company, and Railway Company, and Consolidated Branch Traffic between Staten Island Consolidated Rail Corporation—Joint Rail Corporation—Modified Rail and the North Jersey Shared Asset Use and Operation Exemption Certificate.4 Area 7 for line haul movement via NSR DATES: Comments are due September and CSXT. Conrail will switch the AGENCY: Surface Transportation Board. 14, 2006. To assist any potential Travis Branch Traffic directly from the ACTION : Notice of filing of Petition for commenters, petitioners and NYCEDC relevant customer’s facilities, if and Exemption. have stated that they will provide when it develops, between Staten Island unredacted versions of relevant and the North Jersey Shared Asset Area SUMMARY: On August 8, 2006, CSX agreements. Replies are due September for line haul movement via NSR and Transportation, Inc. (CSXT), Norfolk 18, 2006. Subsequently, the Board will CSXT. NSR and/or CSXT at a future Southern Railway Company (NSR), and issue a decision as soon as practicable. time will likely provide service to the Consolidated Rail Corporation (Conrail) ADDRESSES: Fresh Kills Traffic and the Howland (collectively, petitioners), jointly filed a An original and 10 copies of Hook Traffic directly, as that traffic is petition for exemption under 49 U.S.C. all pleadings, referring to STB Finance expected to move in unit train volumes. 10502 from the prior approval Docket No. 34909, must be filed with Conrail will dispatch the line. requirements of 49 U.S.C. 11323–25 for the Surface Transportation Board, 1925 Street, NW., Washington, DC 20423– The rail lines qualify for a modified petitioners to provide for the joint use 0001. In addition, one copy of all certificate of public convenience and and joint rail freight operations over pleadings must be served on petitioners’ necessity. See Common Carrier Status of 7.69 miles of abandoned rail line of the representatives: Louis E. Gitomer, 600 States, State Agencies and former Staten Island Railway 1 Baltimore Avenue, Suite 301, Towson, Instrumentalities and Political Corporation in New York and New MD 21204, Peter J. Shudtz, 1331 Subdivisions, Finance Docket No. Jersey lying generally between the Pennsylvania Avenue, NW., Suite 560, 28990F (ICC served July 16, 1981). Conrail Chemical Coast Line and points on Staten Island, NY. The line consists The parties indicate that the only 2 On August 17, 2006, NYCEDC filed a response precondition to any shipper’s receipt of of two segments as follows: (a) The North Shore Line between the end of in which it supports the exemption petition and service is the execution of an agreement request for expedited consideration. with CSXT or NSR that specifies the track at milepost 4.6 at Union Avenue 3 The Board will handle this exemption petition rates and other terms and conditions of as expeditiously as is practicable. 1 See Staten Island Railway Corporation— 4 Petitioners were previously granted similar service that such railroad will provide. Abandonment Exemption—in Richmond County, authority in CSX Transportation, Inc., Norfolk Conrail will not be authorized to quote NY, Docket No. AB–263 (Sub-No. 2X) (ICC served Southern Railway Company, and Consolidated Rail rates and other terms and conditions of July 3, 1990), and Staten Island Railway Corporation—Modified Rail Certificate, STB service, just as it is not authorized to do Corporation—Abandonment, Docket No. AB–263 Finance Docket No. 34473 (STB served Mar. 19, (Sub-No. 3) (ICC served Dec. 5, 1991). The lines 2004). Petitioners have concurrently filed a notice were subsequently acquired by the New York City of intent to terminate service authorized in that 7 This area was established in CSX Corp. et al.— Economic Development Corporation (NYCEDC) and proceeding, stating that they did not conclude an Control—Conrail, Inc. et al., 3 S.T.B. 196, 228 the Port Authority of New York and New Jersey agreement with NYCEDC and the Port Authority in (1998). (Port Authority). order to be able to commence operations.

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