[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Notices]
[Page 17368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8355]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-443X]
Danbury Terminal Railroad Company--Discontinuance Exemption --
Westchester, Putnam, and Dutchess Counties, NY
Danbury Terminal Railroad Company (DTRR) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments and
Discontinuances of Service and Trackage Rights to discontinue trackage
rights over two segments of the rail line known as the Harlem Line. The
first line segment is located between milepost 55.2, in Dykemans, and
milepost 81.6, in Wassaic, a distance of approximately 26.4 miles in
Dutchess and Putnam Counties, NY. The second line segment is located
between milepost 22.0, in White Plains, and milepost 43.4, in Golden's
Bridge, a distance of approximately 21.4 miles in Westchester County,
NY.
The Harlem Line, except between mileposts 77.0 and 81.1, is owned
by American Premier Underwriters, Inc., a noncarrier, and leased by the
Metropolitan Transportation Authority (MTA). MTA's subsidiary, Metro
North Commuter Railroad Company (MNCR) provides commuter passenger rail
service over the entire Harlem Line, except between milepost 77.0 and
milepost 81.1. That portion is owned by the New York and Harlem
Railroad Company and is the subject of acquisition negotiations with
MNCR, which, when completed, will enable MNCR to extend its commuter
passenger service to Wassaic. In addition, Consolidated Rail
Corporation (Conrail) provides freight service over the line under an
unspecified operating arrangement with the owners and lessee. DTRR
acquired the rights at issue here from Conrail.1 Thus, freight and
passenger service will still be provided after the discontinuance.
\1\In Danbury Terminal Railroad Company and Maybrook Properties,
Inc.--Acquisition and Operation Exemption--Consolidated Rail
Corporation, Finance Docket No. 32180 (Sub-No. 1) (ICC served Dec.
29, 1992), DTRR obtained operating and freight rights over the
Harlem Line, between milepost 22.0, in White Plains and milepost
81.6, in Wassaic. Following the proposed discontinuance, DTRR will
continue to operate between mileposts 43.4 and 55.2.
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DTRR has certified that: (1) No local traffic has moved pursuant to
the trackage rights operation over the line for at least 2 years; (2)
there is no overhead traffic on the line; (3) no formal complaint 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
within the 2-year period; and (4) the requirements at 49 CFR 1105.7
(environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12 (newspaper publication) and 49 CFR
1152.50(d)(1) (notice to governmental agencies) have been met.
As a condition to use of this exemption, any employee adversely
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) to subsidize continued operations has been
received, this exemption will be effective on May 5, 1995, unless
stayed pending reconsideration. Petitions to stay that do not involve
environmental issues2 and formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2)3 must be filed by April 17, 1995.
Petitions to reopen must be filed by April 25, 1995, with: Office of
the Secretary, Case Control Branch, Interstate Commerce Commission,
Washington, DC 20423.
\2\The Commission's Section of Environmental Analysis will not
conduct an independent investigation because no environmental
effects are expected in cases where service on the line will
continue. A stay will be issued routinely by the Commission if an
informed decision on environmental issues raised by a party cannot
be made before the effective date of the notice of exemption. See
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
entity seeking a stay on environmental concerns is encouraged to
file its request as soon as possible in order to permit this
Commission to review and act on the request before the effective
date of this exemption.
\3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
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A copy of any petition filed with the Commission should be sent to
applicant's representative: Robert A. Wimbish, Suite 420, 1920 N
Street, N.W., Washington, D.C. 20036.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
Decided: March 31, 1995.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-8355 Filed 4-4-95; 8:45 am]
BILLING CODE 7035-01-P
