[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34625-34626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16889]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 100)]


Boston and Maine Corporation, Inc. and Springfiled Terminal 
Railway Company--Adverse Discontinuance--New England Southern Railroad 
Co., Inc.

    On June 19, 2009, Pan Am Railways \1\ and its subsidiaries, Boston 
and Maine Corporation, Inc. (B&M), and Springfield Terminal Railway 
Company (ST) (collectively, Pan Am), filed an application under 49 
U.S.C. 10903 asking the Board to authorize the third-party, or 
``adverse,'' discontinuance of operating authority of New England 
Southern Railroad Co., Inc. (NES), over approximately 27 miles of B&M's 
New Hampshire Main Line (Line), extending from milepost B80.68 at 
Penacook to milepost B56 at Manchester, NH, and including (1) the 
portion of the former Claremont and Concord Railroad line from the 
switch to the New Hampshire Main Line valuation station 41+98; and (2) 
one track for interchange purposes in the B&M yard at Manchester.
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    \1\ Formerly Guilford Rail System.
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    The line traverses United States Postal Service ZIP Codes 03101, 
03106, 03301, 03303, and 03304.
    Pan Am states that NES has been operating the Line under a lease 
which was entered into on January 14, 1985, and which provides that 
either party may terminate it on 90 days' written notice to the other 
party once the initial 10-year term expires. Pan Am states that, on or 
about April 27, 2007, it gave NES written notice of termination, 
effective on or about August 1, 2007, and indicated that it would 
assume operating the Line under its own operating plan. According to 
Pan Am, NES, in a letter dated July 21, 2007, responded that it would 
not file for discontinuance. Pan Am states that the adverse 
discontinuance is necessary to remove NES's interest in the Line from 
Board jurisdiction and enable Pan Am to pursue contract remedies under 
state law.
    In a decision served in this proceeding on February 12, 2008, the 
Board granted a petition filed by Pan Am for exemptions from several 
statutory provisions and for waivers of certain Board regulations 
governing rail line discontinuances. The Board required Pan Am to serve 
a copy of the decision on all of the Line's shippers and connecting 
carriers, the U.S. Railroad Retirement Board, and the

[[Page 34626]]

headquarters of all duly certified labor organizations \2\
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    \2\ According to Pan Am's certificate of service, a copy of the 
waiver request was served on the Governor of New Hampshire, the New 
Hampshire Public Utility Commission, and the Bureau of Rail and 
Transit of New Hampshire.
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    Pan Am states that the Line does not contain federally granted 
rights-of-way. Any documentation in Pan Am's possession will be made 
available promptly to those requesting it. Pan Am's entire case in 
chief for adverse discontinuance was filed with the application.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment-Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file written comments concerning the 
proposed adverse discontinuance or protests (including protestant's 
entire opposition case) by August 30, 2009. Replies and rebuttal to 
written comments and protests shall be filed and served by applicants 
by September 14, 2009. Because Pan Am intends to conduct operations on 
the Line, all interested persons should be aware that this application 
is for adverse discontinuance and will not result in the abandonment of 
existing operations. Therefore, the public use provisions of 49 U.S.C. 
10905 (49 CFR 1152.28) and the trail use provisions 16 U.S.C. 1247(d) 
(49 CFR 1152.29) will not apply.
    Persons opposing the proposed adverse discontinuance who wish to 
participate actively and fully in the process should file a protest. 
Persons who may oppose the adverse discontinuance but who do not wish 
to participate fully in the process by submitting verified statements 
of witnesses containing detailed evidence should file comments. Parties 
seeking information concerning the filing of protests should refer to 
49 CFR 1152.25.
    All filings in response to this notice must refer to STB Docket No. 
AB-32 (Sub-No. 100) and must be sent to: (1) Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001; and (2) Michael Q. 
Geary, Pan Am Railways, 1700 Iron Horse Park, North Billerica, MA 
01877. Filings may be submitted either via the Board's e-filing format 
or in the traditional paper format. Any person using e-filing should 
attach a document and otherwise comply with the instructions found on 
the Board's http://www.stb.dot.gov Web site, at the ``E-FILING'' link. 
Any person submitting a filing in the traditional paper format should 
send the original and 10 copies of the filing to the Board with a 
certificate of service. Except as otherwise set forth in 49 CFR 1152, 
every document filed with the Board must be served on all parties to 
this adverse discontinuance proceeding. See 49 CFR 1104.12(a).
    Persons seeking further information concerning abandonment/
discontinuance procedures may contact the Board's Office of Public 
Assistance, Governmental Affairs and Compliance at (202) 245-0230 or 
refer to the full abandonment/discontinuance regulations at 49 CFR 
1152. [Assistance for the hearing impaired is available through the 
Federal Information Relay Service (FIRS) at 1-800-877-8339.]
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: July 10, 2009.

    By the Board, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-16889 Filed 7-15-09; 8:45 am]
BILLING CODE 4915-01-P