[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Notices]
[Page 2633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1149]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34302]


Washington County Railroad Company--Acquisition and Operation 
Exemption--Certain Rights of Newport and Richford Railroad Company, 
Northern Vermont Railroad Company Incorporated and Canadian American 
Railroad Company

    The Washington County Railroad Company (WCRC) has filed a verified 
notice of exemption under 49 CFR 1150.41 to acquire from the Estates of 
Newport and Richford Railroad Company (N&R), Northern Vermont Railroad 
Company Incorporated (NVT) and Canadian American Railroad Company 
(CDAC) (collectively, the Sellers),\1\ an exclusive operating easement 
on a 61.58-mile rail line, extending between milepost 63.58 in Newbury 
(Wells River) and milepost 2.0 in Newport, in Orange, Caledonia and 
Orleans Counties, VT (the Wells River-Newport Line).\2\ WCRC also seeks 
to acquire from CDAC, by assignment, an exclusive operating easement 
over a connecting 40-mile line of railroad extending between 
approximately milepost 123 in Hartford (White River Junction) and 
milepost 163 in Newbury (Wells River), VT (the White River Junction-
Wells River Line).\3\ As a result of these transactions, WCRC will have 
the right and obligation to provide common carrier service on a 
combined 101.58-mile rail line between Hartford and Newport, VT 
pursuant to the exclusive operating easements.
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    \1\ The Sellers are railroads in the Bangor and Aroostook 
Railroad Company (BAR) rail system. On August 15, 2001, an 
involuntary petition for bankruptcy under chapter 11 of the 
Bankruptcy Act was filed against BAR before the United States 
Bankruptcy Court for the District of Maine (Court). On May 14, 2002, 
the Sellers, filed voluntary petitions for relief under chapter 11 
before the Court.
    \2\ In a related matter, the State of Vermont (Vermont) has 
contemporaneously filed a notice of exemption in State of Vermont--
Acquisition--Certain Assets of Newport and Richford Railroad 
Company, Northern Vermont Railroad Company Incorporated and Canadian 
American Railroad Company, STB Finance Docket No. 34294, to acquire 
the Sellers' rights, title and ownership interest in the right-of-
way, trackage and other physical assets on the Wells River-Newport 
Line. Vermont simultaneously filed a motion to dismiss that notice 
of exemption. The motion will be handled in a separate decision.
    \3\ The Wells River-Newport Line connects with the White River 
Junction-Wells River Line at Wells River (despite the difference in 
milepost designations, which is the result of different milepost 
systems). Vermont already owns the White River Junction-Wells River 
Line. See State of Vermont--Acquisition Exemption--Certain Assets of 
Boston and Maine Corporation, STB Finance Docket No. 33830 (STB 
served Dec. 20, 1999).
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    Consummation of the transaction was expected to occur on December 
26, 2002 (7 days after the exemption was filed), but not before 
Montreal, Maine & Atlantic Railway, Ltd. has consummated its 
acquisition of certain other rail assets belonging to the BAR rail 
system in Vermont and Maine.\4\
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    \4\ In Montreal, Maine & Atlantic Railway LLC--Acquisition and 
Operation Exemption--Bangor & Aroostook Railroad Company, Canadian 
American Railroad Company, the Northern Vermont Railroad Company 
Incorporated, Newport & Richford Railroad Company and Van Buren 
Bridge Company, STB Finance Docket No. 34110 (STB served Sept. 19, 
2002), Montreal, Maine & Atlantic Railway LLC (MM&A) was authorized 
to acquire and operate, among other things, certain rail lines and 
other assets of the Seller in Maine and Vermont not including the 
Subject Line. In a subsequent decision served on December 18, 2002, 
the Board granted a motion to substitute Montreal, Maine & Atlantic 
Railway, Ltd. as the party that may acquire and operate the BAR 
system assets in lieu of Montreal Maine & Atlantic Railway LLC.
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    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. 34302, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on David W. Wulfson, Washington 
County Railroad Company, One Railway Lane, Burlington, VT 05401-5290.
    Board decisions and notices are available on our website at http://www.stb.dot.gov.

    Decided: January 13, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-1149 Filed 1-16-03; 8:45 am]
BILLING CODE 4915-00-P