[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Notices]
[Page 7916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3529]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-475 (Sub-No. 3X)]


New Hampshire and Vermont Railroad Company Inc.--Discontinuance 
of Trackage Rights Exemption--in Windsor and Orange Counties, VT, and 
Grafton County, NH

    New Hampshire and Vermont Railroad Company, Inc. (NHVT) has filed a 
verified notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service and Trackage Rights to 
discontinue trackage rights over a line of railroad extending between 
approximately milepost 123.19, in White River Junction, VT, and 
approximately milepost 163.67, in Woodsville, NH, a total distance of 
approximately 40.48 miles in Windsor and Orange Counties, VT, and 
Grafton County, NH (line). The line traverses United States Postal 
Service Zip Codes 05001, 05047, 05033, 05074, 05081, and 03785.
    NHVT has certified that: (1) It has not utilized the track for 
local or overhead traffic for at least 2 years; (2) any overhead 
traffic on the line can be rerouted over other lines; (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 Surface 
Transportation Board (Board) or with any U.S. District Court or has 
been decided in favor of complainant within the 2-year period; and (4) 
the requirement at 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) has been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment 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. 10502(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 March 17, 2000, unless stayed pending reconsideration. 
Petitions to stay \1\ and formal expressions of intent to file an OFA 
under 49 CFR 1152.27(c)(2),\2\ must be filed by February 28, 2000. 
Petitions to reopen must be filed by February 16, 2000, with the 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, N.W., Washington, DC 20423-0001.
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    \1\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c)(6).
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: David Anderson, 288 Littleton Road, Suite 
21, Westford, MA 01886 If the verified notice contains false or 
misleading information, the exemption is void ab initio.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: February 9, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-3529 Filed 2-15-00; 8:45 am]
BILLING CODE 4910-00-P