[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.<SUP>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 issues<SUP>2 and formal expressions of intent to file an 
OFA under 49 CFR 1152.27(c)(2)<SUP>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