|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, AND CONSOLIDATED RAIL CORPORATION--MODIFIED RAIL CERTIFICATE|
|Director Of Proceedings|
|NOTICE THAT CSX, NS, AND CONRAIL FILED A NOTICE FOR A MODIFIED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE OVER CERTAIN PORTIONS OF THE ABANDONED TRACK OF THE FORMER STATEN ISLAND RAILWAY CORPORATION IN NEW YORK AND NEW JERSEY LYING GENERALLY BETWEEN THE CHEMICAL COAST SECONDARY LINE AND POINTS ON STATEN ISLAND, NY.|
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|Full Text of Decision|
34481 SERVICE DATE - MARCH 19, 2004
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34473]
CSX Transportation, Inc., Norfolk Southern Railway Company, and Consolidated Rail Corporation–Modified Rail Certificate
On February 18, 2004, CSX Transportation, Inc. (CSX), Norfolk Southern Railway Company (NS), and Consolidated Rail Corporation (Conrail) (collectively, the parties) filed a notice for a modified certificate of public convenience and necessity under 49 CFR 1150, subpart C, Modified Certificate of Public Convenience and Necessity, to operate over certain portions of the abandoned track of the former Staten Island Railway Corporation (SIRR) in New York and New Jersey lying generally between the Chemical Coast Secondary Line and points on Staten Island, NY. Based on the parties’ representations, the lines to be activated for service include: (1) track between milepost 3.8 at John Street east of Arlington Yard, Richmond County, NY, and milepost 6.9, via the Chemical Coast Secondary Line, at or near the connection between the Chemical Coast Connector and the Chemical Coast Secondary Line in Union County, NJ, a distance of 3.1 miles; (2) track between milepost 0.0 at or near Port Ivory, Richmond County, NY, and milepost 0.94 at the end of the line near Howland Hook, Richmond County, NY, a distance of 0.94 miles; and (3) the “Travis Branch” between milepost 0.0 at Arlington Yard Station and milepost 3.65 in Richmond County, NY, a distance of 3.65 miles. The lines to be used in providing service also include the new industrial lead and switching track to be constructed off of the Travis Branch into the New York City Department of Sanitation facility being constructed at the Fresh Kills landfill site on Staten Island (Fresh Kills facility).
The provision of freight rail service in this proceeding is a component of the Staten Island Railroad Revitalization Project, a joint effort between the Port Authority and NYCEDC. The parties state that, at this time, they are negotiating an operating agreement with NYCEDC that will govern how such freight rail service will occur.
The parties anticipate that the traffic flows over the subject lines will primarily consist of the following: (1) block movements of intermodal traffic, assembled by the Howland Hook Marine Terminal/Port Ivory operator, to and from Arlington Yard (Howland Hook Traffic);
(2) movements of containerized municipal solid waste, assembled by the Fresh Kills facility operator, to and from the Fresh Kills facility (Fresh Kills Traffic); and (3) movements of mixed merchandise (including aggregates and paper products) to and from two potential customers located on the Travis Branch (Travis Branch Traffic).
The parties indicate that, in general, Conrail will move the Howland Hook Traffic and the Travis Branch Traffic to and from Staten Island to the Conrail Shared Assets Areas for line haul movement via NS and CSX. Conrail will switch the Travis Branch Traffic, if and when it develops, directly from the customers’ facilities. NS and/or CSX will likely serve the Fresh Kills Traffic directly. The parties state that Conrail will dispatch the subject lines, while NYCEDC will retain responsibility for maintaining the subject lines and operating the Arthur Kill Lift Bridge.
The rail lines qualify for a modified certificate of public convenience and necessity. See Common Carrier Status of States, State Agencies and Instrumentalities and Political Subdivisions, Finance Docket No. 28990F (ICC served July 16, 1981).
The parties indicate that the only precondition to a shipper’s receipt of service is the execution of an agreement with CSX or NS that specifies the rates and other terms and conditions of the service such carriers will provide. They also indicate that: (1) there are no subsidizers, and (2) existing insurance covering the parties’ current operations will be expanded to cover operations over the subject lines; no additional insurance will be acquired.
This notice will be served on the Association of American Railroads (Car Service Division) as agent for all railroads subscribing to the car-service and car-hire agreement: Association of American Railroads, 50 F Street N.W., Washington, DC 20001; and on the American Short Line and Regional Railroad Association: American Short Line and Regional Railroad Association, 50 F Street N.W., Suite 7020, Washington, DC 20001.
Board decisions and notices are available on our website at “WWW.STB.DOT.GOV.”
Decided: March 12, 2004.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams