[Federal Register Volume 68, Number 132 (Thursday, July 10, 2003)]
[Notices]
[Pages 41208-41209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17381]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34365]


New England Transrail, LLC--Acquisition and Operation Exemption--
Lines of Boston and Maine Railroad Company

    New England Transrail, LLC, d/b/a the Wilmington and Woburn 
Terminal Railroad Co. (New England Transrail), a noncarrier, has filed 
a verified notice of exemption under 49 CFR 1150.31\1\ to acquire and 
operate, from Boston and Maine Railroad Company (B&M), segments of a 
line of railroad extending from milepost 13.25 on the Massachusetts Bay 
Metropolitan Transportation Authority (MBTA) Boston-Concord main line 
in Woburn, MA (on which B&M retains freight service rights), to a 
junction with B&M at about milepost 14 on B&M's Wilmington-Woburn-
Medford branch, located at a junction south of Eames Street in 
Wilmington, MA. The line segments are: (1) From milepost 13.25 
extending approximately two-tenths of a mile in a northerly direction; 
(2) from a point at about milepost 14 extending approximately two-
tenths of a mile in an easterly direction (including the restoration of 
a previously removed switch and related track); and (3) from a point 
near the western end of the track described in (2) above and extending 
one-tenth of a mile in a southerly direction (including a switch).\2\
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    \1\ Under 49 CFR 1150.32(b), an exemption normally becomes 
effective 7 days after the notice is filed. By decision served on 
June 26, 2003, the Board granted New England Transrail's request to 
delay the effective date of the exemption from June 26, 2003, until 
July 11, 2003. By letter filed on July 2, 2003, New England 
Transrail clarified the line description contained in the notice.
    \2\ New England Transrail states in the verified notice of 
exemption that it also proposes to construct a half-mile of new 
track to connect the Wilmington-Woburn-West Medford branch at a 
point just south of Eames Street to the MBTA main line in Woburn. 
The class exemption at 49 CFR 1150.31 applies to the acquisition and 
operation of rail properties, not to the construction of rail line. 
This notice which invokes that rules, exempts New England 
Transrail's acquisition and operation of the above-described 
segments, but does not permit the proposed construction to link the 
line segments acquired here. New England Transrail must seek 
construction authority from the Board under 49 U.S.C. 10901 and 49 
CFR 1150.1 et seq. or an exemption from that authority under 49 
U.S.C. 10502 and 49 CFR 1121.1 et seq. in a separate filing before 
it may undertake the proposed construction. At that time, the 
Board's Section of Environmental Analysis (SEA) will conduct the 
appropriate level of environmental review of the proposed new rail 
line construction and operation. The environmental review will 
include any other planned actions that would not occur but for the 
proposed new rail line, which would likely include a proposed truck-
rail reload facility. Before filing for construction authority, New 
England Transrail should contact SEA to initiate a consultation in 
compliance with the Board's environmental rules at 49 CFR 
1105.10(a)(1) and to discuss the proposed rail line construction and 
SEA's environmental review process in more detail.

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[[Page 41209]]

    New England Transrail certifies that its projected annual revenues 
will not exceed those that would qualify it as a Class III rail 
carrier.
    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. 34365, must be filed with the Surface Transportation 
Board, 1925 K Street, NW, Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Paul Jacobi, Jacobi & Case, 
P.C., 300 Bic Drive, Milford, CT 06460-3055.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.

    Decided: July 3, 2003.
Vernon A. Williams,
Secretary.
[FR Doc. 03-17381 Filed 7-9-03; 8:45 am]
BILLING CODE 4915-00-P