[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Pages 77071-77072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30944]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-55 (Sub-No. 584X)]
CSX Transportation, Inc.--Discontinuance Exemption--in Hudson
County, NJ \1\
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\1\ The petition is related to two abandonment applications
filed on November 14, 2000, by Conrail under section 308 of the
Regional Rail Reorganization Act of 1973 (3-R Act), 45 U.S.C. 748, a
provision added to the 3-R Act by the Northeast Rail Service Act of
1981 (Pub. L. No. 97-35). See Conrail-Abandonment of the Weehawken
Branch--in Hudson County, NJ, STB Docket No. AB-167 (Sub-No. 766N);
and Conrail--Abandonment of the River Line--in Hudson County, NJ,
STB Docket No. AB-167 (Sub-No. 1067N). Conrail has requested that
the applications be considered together because the Weehawken Branch
and the River Line are operated as a single line due to changes made
to track alignment and operations. Where appropriate, the two lines
will be referenced as the River Line.
Notices of Insufficient Revenues were timely filed on October
31, 1983, and October 31, 1985, respectively. The Board must grant
the applications within 90 days after their filing date (i.e., by
February 12, 2001) unless offers of financial assistance (OFA) are
filed within the 90-day period. See sections 308(c) and (d).
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On November 20, 2000, CSX Transportation, Inc. (CSXT), filed with
the Surface Transportation Board (Board) a petition under 49 U.S.C.
10502 for exemption from 49 U.S.C. 10903 to discontinue service over
approximately 3.84 miles of the Weehawken Branch \2\ and approximately
6.95 miles of the River Line \3\ in Hudson County, NJ. The
[[Page 77072]]
lines traverse U.S. Postal Zip Codes 07302, 07303, 07306, 07407, and
07087.
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\2\ The 3.84-mile segment extends from the point of switch in
Jersey City (approximately MP 0.00), to the southerly R.O.W. line of
Baldwin Avenue, in Weehawken (approximately MP 2.84), and includes
the former DL&W Railroad Lead to the Hoboken Freight Yard in Jersey
City.
\3\ The 6.95-mile segment is divided into in two parts: (1) from
the connection to the Passaic and Harismus Branch at CP ``Waldo'' in
Jersey City (approximately MP 0.00) to the south side of Clifton
Road in Weehawken (approximately MP 4.7), including the River Yard;
and (2) from (a) the south side of Clifton Road in Weehawken
(approximately MP 0.00) to the northwest side of Tonnelle Avenue
(excluding the portion of line, associated track, and underlying
right-of-way necessary to retain access and continue service to
Durkee Foods) in North Bergen (approximately MP 1.53); (b) the
National Docks Secondary in Jersey City from its connection with the
River Line at CP ``Nave'' to the east side of Newark Avenue
(approximately 1,350 feet); and (c) the Weehawken Branch (Chicken
Yard) in Weehawken, from its connection with the River Line on the
east side of Willow Avenue to the end of the track (approximately
2,450 feet).
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CSXT acquired the right to operate over these lines under the North
Jersey Shared Assets Areas Operating Agreement approved by the Board in
CSX Corp.--Control and Operating Leases/Agreements--Conrail Inc., STB
Finance Docket No. 33388 (Decision No. 89) (STB served July 23, 1998),
clarified and modified (Decision No. 96) (STB served Oct. 19, 1998),
petitions for review pending sub nom. Erie Niagara Rail Steering
Committee v. STB, Nos. 98-4285, et al. (2d Cir. filed July 31,
1998).\4\ Pursuant to that agreement, CSXT does not conduct freight
operations over the River Line. CSXT publishes rates and maintains
stations for the River Line's shippers,\5\ and Conrail conducts the
actual train operations in CSXT's name.
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\4\ Norfolk Southern Railway Company also acquired the same
rights with respect to the River Line and filed a similar petition
for exemption on November 14, 2000. See Norfolk Southern Railway
Company--Discontinuance Exemption--in Hudson County, NJ, STB Docket
No. AB-290 (Sub-No. 212X).
\5\ Two shippers, Cognis Chemical Company and Dykes Lumber
Company, are being served.
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The lines do not contain federally granted rights-of-way. A large
part of the real estate and track is owned by the New Jersey Transit
Corporation (NJT), and the remainder is owned by Conrail.\6\ Any
documentation in CSXT's possession will be made available promptly to
those requesting it.
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\6\ The River Line's real estate and track was transferred to
NJT on or about October 24, 1995, pursuant to the Freight Relocation
and River Line Acquisition Agreement that Conrail and NJT entered
into on June 8, 1989. Conrail retained a free and exclusive easement
for the operation and maintenance of rail freight service.
NJT will reconstruct the River Line and dedicate it to light
rail commuter passenger service. The River Line's freight operations
will be transferred to Conrail's Northern Branch, which will be
reconstructed to accommodate through train service and to remove
``at-grade'' highway and street crossings. Conrail will not
terminate freight operations or consummate the abandonment of the
River Line, and CSXT will not exercise the discontinuance authority,
until the Northern Branch has been reconstructed.
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The interest of railroad employees will be protected by the
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen,
360 I.C.C. 91 (1979).
By issuing this notice, the Board is instituting an exemption
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be
issued by March 9, 2001.\7\
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\7\ CSXT has requested that its petition for exemption be
granted with an effective date of February 12, 2001, to coincide
with the anticipated effectiveness of the two related Conrail
abandonment applications. This request will be considered by the
Board when the petition for exemption is addressed.
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Any OFA with respect to the lines should be filed in the pertinent
Conrail application proceeding under section 308(d) of the 3-R Act and
49 CFR 1152.27. Each OFA must be accompanied by a $1,000 filing fee.
See 49 CFR 1002.2(f)(25).
All filings in response to this notice must refer to STB Docket No.
AB-55 (Sub-No. 584X) and must be sent to: (1) Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW.,
Washington, DC 20423-0001; and (2) Natalie Rosenberg, CSX
Transportation, Inc., 500 Water Street, Jacksonville, FL 32202. Replies
to the CSXT petition are due on or before December 28, 2000.
Persons seeking further information concerning abandonment and
discontinuance procedures may contact the Board's Office of Public
Services at (202) 565-1592 or refer to the full abandonment or
discontinuance regulations at 49 CFR part 1152.
An environmental assessment (or impact statement) is normally made
available in abandonment or discontinuance proceedings, but under 49
CFR 1105.6(d), the Board may modify the environmental requirements in
appropriate circumstances. The requirements are being modified here.
CSXT has never conducted operations over the line apart from those
Conrail conducted on CSXT's behalf. Granting a carrier authority to
discontinue service it has never provided appears to have no
environmental impact. The requirement that the carrier submit a report
and that the Board prepare an analysis are therefore superfluous.
Board decisions and notices are available on our website at http://www.stb.dot.gov.
Decided: November 28, 2000.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-30944 Filed 12-7-00; 8:45 am]
BILLING CODE 4915-00-P