[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33806-33807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13625]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 1311]


Metro-North Commuter Railroad Company--Adverse Discontinuance of 
Trackage Rights--Housatonic Railroad Company

    On June 7, 2021, Metro-North Commuter Railroad Company (Metro-
North) filed an application under 49 U.S.C. 10903 requesting that the 
Surface Transportation Board (the Board) authorize the third-party, or 
``adverse,'' discontinuance of operating authority held by Housatonic 
Railroad Company (Housatonic) over a 41.1-mile rail line owned by 
Metro-North, extending between milepost 0.0 at Beacon, NY, and milepost 
71.2 at the Connecticut/New York state line, in Dutchess and Putnam 
Counties, NY (the Line).\1\ The Line traverses U.S. Postal Service Zip 
Codes 12508, 12524, 12533, 12582, 12570, 12531, 12563, 10509, and 
12564.
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    \1\ Metro-North initially submitted its application on April 30, 
2021. By letter filed on May 14, 2021, Metro-North stated that it 
had provided notice of an incorrect list of Zip Codes and requested 
that the proceeding be held in abeyance until June 7, 2021, to allow 
Metro-North to provide the required 15-day notice and permit 
newspaper publication of the corrected information. That request was 
granted, and Metro-North submitted its supplemental information on 
June 7, 2021, which therefore will be considered the filing date and 
the basis for all dates in this notice. Metro-North also filed an 
updated certificate of service on June 15, 2021.
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    Metro-North explains that it acquired the Line in 1995 and that, 
when the Board's predecessor, the Interstate Commerce Commission, 
authorized the acquisition, it also exempted Metro-North from most of 
the provisions of Subtitle IV of Title 49 of the U.S. Code and allowed 
Metro-North to abandon the Line subject to the future discontinuance of 
trackage rights held by the Danbury Terminal Railroad Company (DTRC). 
See Metro N. Commuter R.R.--Acquis. Exemption--Maybrook Line, FD 32639 
et al. (ICC served Jan. 13, 1995). DTRC and Housatonic later merged, 
and Housatonic assumed DTRC's operating rights. See Housatonic R.R.--
Corp. Family Transaction Exemption--Danbury Terminal R.R., FD 33310 
(STB served Dec. 27, 1996). Metro-North now seeks adverse 
discontinuance of Housatonic's operating authority over the Line.
    In a decision served in this proceeding on April 20, 2021, Metro-
North was granted exemptions from several statutory provisions as well 
as waivers of certain Board regulations that the Board concluded were 
inapplicable and unneeded in connection with Metro-North's anticipated 
application.
    According to Metro-North, it is not aware of any document that 
indicates the Line contains federally granted rights of way. Any 
documentation in Metro-North's possession will be made available 
promptly to those requesting it. Metro-North's entire case for 
discontinuance was filed with the application.
    The interests of railroad employees will be protected by the 
conditions set forth in Oregon Short Line Railroad--Abandonment Portion 
Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, 
Idaho, 360 I.C.C. 91 (1979).
    Any interested person may file comments concerning the proposed 
adverse discontinuance or protests (including protestant's entire 
opposition case) by July 22, 2021. Persons who may oppose the proposed 
adverse discontinuance but who do not wish to participate fully in the 
process by submitting verified statements of witnesses containing 
detailed evidence should file comments. Persons opposing the proposed 
adverse discontinuance who wish to participate actively and fully in 
the process should file a protest, observing the filing, service, and 
content requirements of 49 CFR 1152.25. Metro-North's reply is due by 
August 6, 2021.
    All pleadings, referring to Docket No. AB 1311, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on: (1) 
Metro-North's representative, Charles A. Spitulnik, Kaplan Kirsch & 
Rockwell LLP, 1634 I (``Eye'') St. NW, Suite 300, Washington, DC 20006; 
and (2) Housatonic's representative, Edward J. Rodriguez, 4 Huntley 
Rd., P.O. Box 687, Old Lyme, CT 06371. Except as otherwise set forth in 
49 CFR part 1152, every document filed with the Board must be served on 
all parties to this adverse discontinuance proceeding. 49 CFR 
1104.12(a).

[[Page 33807]]

    A Draft Environmental Assessment (EA) (or environmental impact 
statement (EIS), if necessary) prepared by the Board's Office of 
Environmental Analysis (OEA) will be served upon all parties of record 
and upon any agencies or other persons who commented during its 
preparation. Any other persons who would like to obtain a copy of the 
Draft EA (or EIS) may contact OEA by phone at the number listed below. 
Draft EAs normally will be made available within 33 days of the filing 
of the application, and the deadline for submission of comments on the 
Draft EA will generally be within 30 days of its service. The comments 
received will be addressed in a Final EA (or EIS) and the Board's 
decision. A Supplemental Final EA (or EIS) may be issued where 
appropriate.
    Persons seeking further information concerning discontinuance 
procedures may contact the Board's Office of Public Assistance, 
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the 
full discontinuance regulations at 49 CFR part 1152. Assistance for the 
hearing impaired is available through the Federal Relay Service at 1-
800-877-8339.
    Board decisions and notices are available at www.stb.gov.

    Decided: June 22, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2021-13625 Filed 6-24-21; 8:45 am]
BILLING CODE 4915-01-P