[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Notices]
[Pages 53801-53802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25682]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-443 (Sub-No. 2X)]
Danbury Terminal Railroad Company--Discontinuance Exemption--
Westchester and Putnam Counties, NY
Danbury Terminal Railroad Company (DTRR) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances to discontinue freight service over approximately 11.8
miles of the Harlem Line, between milepost 43.4 (Golden's Bridge) and
milepost 55.2 (Dykemans), in Westchester and Putnam Counties, NY. The
Harlem line is owned by American Premier Underwriters, Inc., and, after
the proposed discontinuance, will continue to be used for rail
passenger service by Metro North
[[Page 53802]]
Commuter Railroad Company, a subsidiary of the Metropolitan Transit
Authority, the line's lessee.
DTRR has certified that: (1) No traffic has moved over the line for
at least 2 years; (2) no formal compliant filed by a user of rail
service on the line (or by a State or local government entity acting on
behalf of such user) regarding cessation of service over the line
either is pending with the Commission or with any U.S. District Court
or has been decided in favor of the complainant with the 2-year period;
and (3) the requirements at 49 CFR 1105.11 (transmittal letter) and 49
CFR 1152,50(d)(1) (notice to governmental agencies) have been met.
As a condition to use of this exemption, any employee affected by
the discontinuance shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this
condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10505(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on November 16, 1995, unless stayed pending
reconsideration.\1\ Petitions to stay and formal expressions of intent
to file an OFA under 49 CFR 1152.27(c)(2),\2\ must be filed by October
27, 1995. Petitions to reopen must be filed by November 6, 1995, with:
Office of the Secretary, Case Control Branch, Interstate Commerce
Commission, Washington, DC 20423
\1\Because this is a discontinuance, and not an abandonment, and
the right-of-way will continue to be used for passenger service,
trail use/railbanking and public use conditions are not appropriate.
Likewise no environmental or historical documentation is required.
49 CFR 1105.6(b)(3).
\2\See Exempt. of Rail Abandonment--Offers of Finan. Asst., 4
I.C.C.2d 164 (1987).
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A copy of any pleading filed with the Commission should be sent to
applicant's representative: Robert A. Wimbish, Suite 420, 1920 N Street
NW., Washington, DC 20036.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Decided: October 6, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-25682 Filed 10-16-95; 8:45 am]
BILLING CODE 7035-01-M
