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

1Blue Mountain Railroad, Inc. (BMR) currently

operates over the line pursuant to a lease agreement

that was the subject of a notice of exemption in

Finance Docket No. 32193. The agreement between

UP and the Port is subject to that lease agreement

and BMR will continue to operate the line after this

transaction is consummated under an assignment of

the lease from UP to the Port.

1This transaction involves GRR’s acquisition and

operation of a 1.58-mile segment of track

connecting GRR’s line from Kerr to Georgetown,

TX, with a 16.32-mile line from Georgetown to

Granger, TX, that GRR purchased from MP.

Abandonment of the line was authorized in

Missouri Pacific Railroad Company—

Abandonment—in Williamson County, TX

(Georgetown Branch), Docket No. AB–3 (Sub-No.

94) (ICC served Oct. 21, 1991).

1On December 31, 1996, International

Brotherhood of Locomotive Engineers (IBLE) filed

a petition to reject the notices of exemption filed

in STB Finance Docket Nos. 33300 and 33301 or to

revoke the exemptions. The petition also supports

a statement by Claire Shulman, President of the

Borough of Queens (Shulman), filed December 11,

1996, which IBLE characterizes as a petition for

rejection or revocation. By decision served on

December 20, 1996, NYAR was granted an

extension until January 10, 1997, for its reply to

Shulman. The Shulman and IBLE filings, as well as

any replies, will be considered by the entire Board

in a separate decision.

Surface Transportation Board

[STB Finance Docket No. 33318]

Port of Columbia—Acquisition

Exemption—Union Pacific Railroad

Company

Port of Columbia (Port) has filed a

verified notice of exemption under 49

CFR 1150.31 to acquire approximately

37.4 miles of rail line owned by Union

Pacific Railroad Company (UP) between

milepost 48.0 near Walla Walla, WA,

and milepost 71.3 at Bolles, WA, and

between milepost 0.0 at Bolles, WA, and

milepost 14.06 at Dayton, WA.1

Consummation was expected to occur

on or shortly after December 19, 1996.

If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33318, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423 and served on:

Karl Morell, Ball Janik LLP, 1455 F

Street, N.W., Suite 225, Washington, DC

20005.

Decided: January 6, 1997.

By the board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–629 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33322]

Georgetown Railroad Company,

Acquisition and Operation Exemption,

Missouri Pacific Railroad Company

Georgetown Railroad Company (GRR),

a Class III rail carrier, has filed a verified

notice of exemption under 49 CFR

1150.41 to acquire and operate over

approximately 8,338 feet of Missouri

Pacific Railroad Company’s (MP) line of

railroad known as MP’s ICC Track No.

11 in Georgetown, which extends from

the terminus of GRR’s line at milepost

0.0 (MP’s former milepost 923.70) in

Georgetown, to the east side of Church

Street in Georgetown, at milepost 0.54;

and MP’s undivided one-half interest in

ICC Track No. 48, extending from

milepost 0.54 south and west 5,470 feet

to a point connecting with GRR’s line

from Kerr, in Williamson County, TX.1

GRR is also acquiring MP’s undivided

one-half interest in the 5,478-foot ICC

Track No. 47, and a 120-foot section of

Track No. 11, in Georgetown, but as

these will be used as side tracks, no

exemption from 49 U.S.C. 10902 is

necessary, due to the statutory

exemption for acquisition and operation

of side tracks in 49 U.S.C. 10906.

The exemption was effective on

December 20, 1996. The parties indicate

that consummation of the transaction

will occur within 90 days after the

effective date of the exemption.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33322, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served

on: Betty Jo Christian, Steptoe &

Johnson LLP, 1330 Connecticut Ave.,

N.W., Washington, DC 20036.

Decided: January 3, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–628 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33301]

Peter A. Gilbertson, H. Terry Hearst,

Bruce A. Lieberman, R. Lawrence

McCaffrey, Jr., and Harold F. Parmly—

Continuance in Control Exemption—

New York & Atlantic Railway Company

Peter A. Gilbertson, H. Terry Hearst,

Bruce A. Lieberman, R. Lawrence

McCaffrey, Jr., and Harold F. Parmly

(Applicants), noncarrier individuals,

have filed a verified notice of exemption

to continue in control of New York &

Atlantic Railway Company (NYAR),

upon NYAR’s becoming a Class III rail

carrier.

The exemption was to become

effective on December 12, 1996, and the

transaction is expected to be

consummated in the first quarter of

1997.

This transaction is related to STB

Finance Docket No. 33300, New York &

Atlantic Railway Company—Operation

Exemption—The Long Island Rail Road

Company, wherein NYAR seeks to

acquire the freight operations of The

Long Island Rail Road Company,

including the right to operate the freight

business on an exclusive basis.1

In addition to the filings mentioned in

footnote 1, the Board received a number

of letters from local governments,

officials, and community leaders

concerned with the movement of

municipal solid waste (MSW) through

their communities. LIRR submitted to

the Board’s Section of Environmental

Analysis (SEA) an Environmental

Assessment (EA), which was prepared

under the New York State

Environmental Quality Review Act by

ICF Kaiser Consulting Group, and

summary information drawn from its

EA. The information provided by LIRR

states that MSW carloads are projected

to increase regardless of whether LIRR

continues to conduct freight operations

or the operations are transferred to

NYAR.

SEA has carefully reviewed the EA

and summary information submitted by

LIRR. SEA has determined that the

information satisfies the Board’s

obligations under the National

Environmental Policy Act and provides

the sufficient analysis which would

normally be prepared by SEA in railroad

operations that exceed the Board’s

thresholds at 49 CFR 1105.7(e)(4)(5).

Therefore, the EA and summary

information will be adopted as the

Board’s own with a finding that there

will be no significant environmental

impacts associated with the proposed

transaction.

Applicants own and control two

existing Class III common carriers by
1488 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices

1On December 31, 1996, International

Brotherhood of Locomotive Engineers (IBLE) filed

a petition to reject the notices of exemption filed

in STB Finance Docket Nos. 33300 and 33301 or to

revoke the exemptions. The petition also supports

a statement by Claire Shulman, President of the

Borough of Queens (Shulman), filed December 11,

1996, which IBLE characterizes as a petition for

rejection or revocation. By decision served on

December 20, 1996, NYAR was granted an

extension until January 10, 1997, for its reply to

Shulman. The Shulman and IBLE filings, as well as

any replies, will be considered by the entire Board

in a separate decision.

rail operating in three states: Chicago

SouthShore & South Bend Railroad Co.,

operating in Northern Illinois and

Northern Indiana; and Louisville &

Indiana Railroad Company, operating in

Southern Indiana and Northern

Kentucky.

Applicants state that: (i) the railroads

will not connect with each other or any

railroad in their corporate family; (ii)

the continuance in control is not part of

a series of anticipated transactions that

would connect the railroads with each

other or any railroad in their corporate

family; and (iii) the transaction does not

involve a Class I carrier. Therefore, the

transaction is exempt from the prior

approval requirements of 49 U.S.C.

11323. See 49 CFR 1180.2(d)(2).

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326(c), however,

does not provide for labor protection for

transactions under sections 11324 and

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33301, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Paul C. Oakley, Esq., Weiner, Brodsky,

Sidman & Kider, P.C., Suite 800, 1350

New York Avenue, N.W., Washington,

DC 20005–4797.

Decided: January 7, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–626 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33300]

New York & Atlantic Railway Company;

Operation Exemption; The Long Island

Rail Road Company

New York & Atlantic Railway

Company (NYAR), a noncarrier, has

filed a verified notice of exemption

under 49 CFR 1150.31 to acquire the

freight operations of The Long Island

Rail Road Company (LIRR), a New York

State public benefit corporation,

including the right to operate the freight

business on an exclusive basis, and

conduct other freight operations on

approximately 268.6 route miles in the

State of New York, as follows: (1) The

Bay Ridge Branch (MP 4.0 to MP 16.0),

the Central Extension (MP 19.1 to MP

21.2), and the Bushwick Branch (MP 4.0

to MP 6.0) (collectively, the Freight

Line); and (2) the Main Line (MP 9.3 to

MP 94.3), the Montauk Branch (MP 0.0

to MP 115.8), the Port Jefferson Branch

(MP 24.9 to MP 58.0), the Central

Branch (MP 28.7 to MP 35.9), the

Central Extension (MP 18.7 to MP 19.1),

the Hempstead Branch (MP 13.3 to MP

18.7), the West Hempstead Branch (MP

15.5 to MP 20.1), and the Montauk Cutoff (MP 0.3 to MP 1.3) (collectively the

Joint Use Line, and, together with the

Freight Line, the Subject Line). LIRR

will continue to provide passenger

operations on the Joint Use Line. NYAR

will conduct exclusive freight

operations on the Subject Line for an

initial term of 20 years, with an

extension option, under certain

circumstances, for an additional 10

years.

The exemption was to become

effective on December 12, 1996, and the

parties expect to consummate the

transaction in the first quarter of 1997.

This transaction is related to a

concurrently filed verified notice to

continue in control of NYAR, upon its

becoming a Class III rail carrier in STB

Finance Docket No. 33301, Peter A.

Gilbertson, H. Terry Hearst, Bruce A.

Lieberman, R. Lawrence McCaffrey, Jr.,

and Harold F. Parmly —Continuance in

Control Exemption—New York &

Atlantic Railway Company.1

In addition to the filings mentioned in

footnote 1, the Board received a number

of letters from local governments,

officials, and community leaders

concerned with the movement of

municipal solid waste (MSW) through

their communities. LIRR submitted to

the Board’s Section of Environmental

Analysis (SEA) an Environmental

Assessment (EA), which was prepared

under the New York State

Environmental Quality Review Act by

ICF Kaiser Consulting Group, and

summary information drawn from its

EA. The information provided by LIRR

states that MSW carloads are projected

to increase regardless of whether LIRR

continues to conduct freight operations

or the operations are transferred to

NYAR.

SEA has carefully reviewed the EA

and summary information submitted by

LIRR. SEA has determined that the

information satisfies the Board’s

obligations under the National

Environmental Policy Act and provides

the sufficient analysis which would

normally be prepared by SEA in railroad

operations that exceed the Board’s

thresholds at 49 CFR 1105.7(e)(4)(5).

Therefore, the EA and summary

information will be adopted as the

Board’s own with a finding that there

will be no significant environmental

impacts associated with the proposed

transaction.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33300, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423. In addition, a

copy of each pleading must be served on

Paul C. Oakley, Esq., Weiner, Brodsky,

Sidman & Kider, P.C., Suite 800, 1350

New York Avenue, N.W., Washington,

DC 20005–4797.

Decided: January 7, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–627 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 33331]

Respondek Railroad Corporation;

Acquisition and Operation Exemption;

Evansville Terminal Company

Respondek Railroad Corporation

(Respondek), a noncarrier, has filed a

verified notice of exemption under 49

CFR 1150.31 to acquire and operate

approximately 17.7 miles of line owned

by the Evansville Terminal Company

(Evansville): (1) Between milepost 227.5