[Federal Register Volume 69, Number 17 (Tuesday, January 27, 2004)]
[Notices]
[Pages 3993-3994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1528]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34455]


Vermont Railway, Inc.--Modified Rail Certificate

    On January 5, 2004, Vermont Railway, Inc. (VTR), a Class III rail 
carrier, filed a notice for a modified certificate of public 
convenience and necessity under 49 CFR part 1150, subpart C, Modified 
Certificate of Public Convenience and Necessity, to operate a 131-mile 
rail line owned by the State of Vermont (Vermont). The line extends 
from Burlington to Bennington, VT.
    The Board's predecessor, the Interstate Commerce Commission (ICC), 
approved the line for abandonment by Rutland Railway Corp., in Rutland 
Ry. Corp. Abandonment of Entire Line, 317 I.C.C. 393 (1962). 
Subsequently, the ICC authorized acquisition of the line by Vermont and 
lease and operation of the line by VTR in State of VT and Vermont Ry., 
Inc., Acquisition and Op., 320 I.C.C. 330 (1963). The original lease 
and subsequent amended lease between Vermont and VTR provide for 
renewal of the lease every 10 years. With ICC approval, the lease term 
was extended three times.\1\ The current extension expired on January 
5, 2004.
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    \1\ The last extension was approved in State of Vermont and 
Vermont Railway, Inc.--Acquisition and Operation in Vermont, Finance 
Docket No. 22830 (ICC served Dec. 28, 1993) (December 1993 
Decision). In that decision, the ICC also retroactively approved a 
revised lease signed by the parties in 1990.
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    The last time the ICC approved an extension of the lease between 
Vermont and VTR, it noted that, if VTR were to file for a modified 
certificate of public convenience and necessity, the parties would no 
longer need to obtain approval for changes or extensions of their 
lease.\2\
    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
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    \2\See December 1993 Decision at 1 n.1.
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    There is no operating subsidy involved. However, pursuant to the 
1990 lease between VTR and Vermont, Vermont is required to pay for the 
maintenance of certain structures on the line.\3\ VTR represents that 
it has

[[Page 3994]]

extensive insurance coverage for property damage and personal injury. 
There are no preconditions for shippers to meet in order to receive 
rail service.
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    \3\ Pursuant to 5 V.S.A. 3401-3409, the Vermont Agency of 
Transportation is authorized to administer State-owned railroad 
properties and to take necessary action to ensure continuity of 
service over such properties.
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    This notice will be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F Street, NW., Washington, DC 20001; and on the American Short Line 
and Regional Railroad Association: American Short Line and Regional 
Railroad Association, 50 F Street, NW., Suite 7020, Washington, DC 
20001.

    Decided: January 20, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-1528 Filed 1-26-04; 8:45 am]
BILLING CODE 4915-00-P