[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Notices]
[Pages 2646-2647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-985]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-444 (Sub-No. 1X)]


Lamoille Valley Railroad Company--Abandonment and Discontinuance 
of Trackage Rights Exemption--in Caledonia, Washington, Orleans, 
Lamoille, and Franklin Counties, VT

    Lamoille Valley Railroad Company (LVRC) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuance of Service and Trackage Rights to abandon approximately 
96.78 miles of rail line in Caledonia, Washington, Orleans, Lamoille, 
and Franklin Counties, VT. The rail lines to be abandoned are: (1) 
Between approximately milepost 0.057 (SJLC valuation station 3+00) in 
St. Johnsbury, VT, and approximately milepost 95.324 (SJLC valuation 
station 5033+10) in Swanton, VT, a distance of approximately 95.26 
miles; and (2) the Hardwick and Woodbury Connecting Track (H&W) between 
approximately H&W valuation station 0+00 (Granite Junction) and 
approximately H&W valuation station 80+48 (Buffalo Road), a distance of 
approximately 1.52 miles, in Hardwick, VT (collectively, the line).\1\ 
LVRC also seeks to discontinue trackage rights over the former Central 
Vermont Railway, Inc. (CVR) line between approximately milepost 9.9 at 
the north abutment of the Missisquoi River Bridge at Sheldon Junction 
and approximately milepost 27.4 at Richford (the Richford 
Subdivision),\2\ in Franklin County, VT. The line traverses United 
States Postal Service Zip Codes 05819, 05828, 05873, 05647, 05873, 
05836, 05843, 05842, 05860, 05661, 05655, 05656, 05464, 05444, 05441, 
05455, and 05488. The Richford Subdivision traverses United States 
Postal Service Zip Codes 05483, 05450, 05447, and 05476.
---------------------------------------------------------------------------

    \1\ The line is owned by the State of Vermont (State) by and 
through the State of Vermont Agency of Transportation (VTrans). See 
Lamoille County Railroad, Inc. and Vermont Transportation Authority, 
Acquisition and Operation Between St. Johnsbury and Swanton, VT, 
Finance Docket No. 27494, et al. (ICC served Apr. 22, 1974). LVRC 
holds a leasehold interest in the line, pursuant to a lease 
agreement by and between LVRC and the State dated December 31, 1977.
    \2\ LVRC states that CVR filed a notice of exemption to abandon 
the Richford Subdivision in The Central Vermont Railway, Inc.--
Abandonment Exemption--in Franklin County, VT, Docket No. AB-174 
(Sub-No. 3X) (ICC served Feb. 27, 1992), which became effective on 
March 28, 1992, but it did not consummate the abandonment. Instead 
it sold the Richford Subdivision to, and entered into a trail use 
agreement with, VTrans. LVRC states that it did not seek authority 
to discontinue its trackage rights at the time that CVR initiated 
its abandonment proceeding. LVRC, in cooperation with VTrans, is now 
seeking an exemption to discontinue trackage rights on the Richford 
Subdivision that has not been used since 1989. VTrans still owns and 
manages a trail on the Richford Subdivision. See The Central Vermont 
Railway, Inc.--Abandonment Exemption--in Franklin County, VT, Docket 
No. AB-174 (Sub-No. 3X) (ICC served Oct. 8, 1992).
---------------------------------------------------------------------------

    LVRC has certified that: (1) No local traffic has moved over the 
line or the Richford Subdivision for at least 2 years; (2) there is no 
overhead traffic on the line or the Richford Subdivision; (3) no formal 
complaint filed by a user of rail service on the line or the Richford 
Subdivision (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 or with any U.S. District 
Court or has been decided in favor of complainant within the 2-year 
period; and (4) the requirements at 49 CFR 1105.7 (environmental 
reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the abandonment and discontinuance 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 February 17, 2004,\3\ unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues,\4\ formal

[[Page 2647]]

expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\5\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
January 26, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 5, 2004, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.\6\
---------------------------------------------------------------------------

    \3\ LVRC states that it intends to relinquish its leasehold 
interest and enter into a trail use agreement with VTrans for the 
line, and intends to consummate discontinuance of its trackage 
rights over the Richford Subdivision soon after the notice of 
exemption becomes effective. It should be noted that, because LVRC 
plans to enter into a trail use agreement for the line, it may never 
consummate the abandonment. However, pursuant to 49 CFR 
1150.50(d)(2), the earliest possible consummation date for the 
discontinuance, based on the December 29, 2003 filing date, is 
February 17, 2004.
    \4\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis (SEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). 
Any request for a stay should be filed as soon as possible so that 
the Board may take appropriate action before the exemption's 
effective date.
    \5\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
    \6\ On November 10, 2003, Timothy D. Phelps filed a letter 
expressing his concerns regarding the then-anticipated abandonment 
proposal and requesting that the Board disallow the sought exemption 
authority. Mr. Phelps alleges that, despite documented interest by 
shippers for rail service, LVRC has made no attempt to operate rail 
freight service on the line since at least 1994. Mr. Phelps states 
that LVRC abandoned several bridges on the line, dismantled several 
sections of track, paved over grade crossings along the line, and 
pursued non-rail uses for the right-of-way. He asserts that these 
actions communicated a message to the public that there was no 
intent or possibility that rail service would ever be provided 
again. Mr. Phelps may file a petition for stay or for other relief 
within the deadlines established in the notice being issued today.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
LVRC's representative: Edward J. Fishman, Kirkpatrick & Lockhart, LLP, 
1800 Massachusetts Avenue, Second Floor, Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    LVRC has filed an environmental report which addresses the effects, 
if any, of the abandonment and discontinuance on the environment and 
historic resources. SEA will issue an environmental assessment (EA) by 
January 23, 2004. Interested persons may obtain a copy of the EA by 
writing to SEA (Room 500, Surface Transportation Board, Washington, DC 
20423-0001) or by calling SEA, at (202) 565-1539. [Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.] Comments on environmental and 
historic preservation matters must be filed within 15 days after the EA 
becomes available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), LVRC shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line and 
discontinued service over the Richford Subdivision. If consummation has 
not been effected by LVRC's filing of a notice of consummation by 
January 16, 2005, and there are no legal or regulatory barriers to 
consummation, the authority to abandon will automatically expire.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 12, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-985 Filed 1-15-04; 8:45 am]
BILLING CODE 4915-00-P