[Federal Register Volume 61, Number 198 (Thursday, October 10, 1996)]
[Notices]
[Pages 53261-53262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26074]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Finance Docket No. 33132]


Providence and Worcester Railroad Company--Acquisition and 
Operation Exemption--Certain Rights of Consolidated Rail Corporation

    Providence and Worcester Railroad Company (P&W), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to acquire from Consolidated Rail Corporation (Conrail): (1) the right 
to haul sand and stone between New Haven, CT, and Freemont, NY, for 
interchange with the Long Island Railroad at Freshpond Junction, in 
Queens, NY; (2) an exclusive freight service right, easement, and 
trackage rights to haul sand and stone over a line owned by the 
Connecticut Department of Transportation (CDOT) between milepost 26.1 
at the New York/Connecticut State line in Fairfield County, CT, and 
milepost 72.83 in New Haven, CT, a distance of 46.73 miles; and (3) an 
exclusive freight service right, easement, and trackage rights to haul 
sand and stone between Freemont, NY, and the New York/Connecticut State 
line via: (a) the Conrail Freemont Secondary Track, Oak Point Yard, and 
the Market Running Track (approximately 14.4 miles); (b) National 
Railroad Passenger Corporation's (Amtrak) main line-Shell (CP 216) 
between milepost 18.9 and milepost 15.5 (approximately 3.4 miles); and 
(c) the line owned by the Metropolitan Transportation Authority (MTA) 
between milepost 26.1 at the New York/Connecticut State line and 
milepost 16.3 in New Rochelle, NY (approximately 9.8 miles).
---------------------------------------------------------------------------

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995 and took effect on 
January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 10902.
---------------------------------------------------------------------------

    P&W currently originates movements of sand and stone at three 
aggregate quarries at Wallingford (Reeds Gap), Wauregan, and Branford 
(Pine Orchard), CT, and interchanges them with Conrail at New Haven for 
subsequent movement to Freshpond Junction. The proposed transaction is 
designed to increase the efficiency of the movements by eliminating the 
interchange and thus permitting single carrier service. The only 
shipper affected, Tilcon Connecticut, Inc., supports the transaction, 
and CDOT, Amtrak, and MTA consent to it. P&W and Conrail anticipate 
consummation as soon as the notice of exemption is effective and 
conditions to closing have been satisfied or waived. They indicate that 
arrangements were made to commence movements by October 6, 1996.2
---------------------------------------------------------------------------

    \2\  By decision served September 27, 1996, the Chairman stayed 
the notice to enable P&W and Conrail to submit supplemental 
information in support of this proposal to transfer the authority 
and obligation to transport individual commodities. Upon 
consideration of the parties' supplemental submissions, the Board 
lifted the stay by decision served and effective on October 3, 1996. 
Thus, movements could commence on or after October 3, 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. 33132, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, NW, Washington, DC 20423, and one copy must be served on: (1) 
James E. Howard, 90 Canal Street, Boston, MA 02114, and (2) Heidi J. 
Eddins, Providence and

[[Page 53262]]

Worcester Railroad Company, 75 Hammond Street, Worcester, MA 01610.
    Decided: October 4, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-26074 Filed 10-9-96; 8:45 am]
BILLING CODE 4915-00-P