[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Pages 5648-5649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2004]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35463; Docket No. AB 1043 (Sub-No. 1)]


Montreal, Maine & Atlantic Railway, Ltd.--Modified Rail 
Certificate--in Aroostook and Penobscot Counties, Me.; Montreal, Maine 
& Atlantic Railway, Ltd.--Discontinuance of Service and Abandonment--in 
Aroostook and Penobscot Counties, ME.

    Montreal, Maine & Atlantic Railway, Ltd. (MMA) has requested a 
modified certificate of public convenience and necessity, pursuant to 
49 CFR part 1150 subpart C--Modified Certificate of Public Convenience 
and Necessity. MMA wants to operate, on an interim basis, approximately 
233 miles of rail line in Aroostook and Penobscot Counties, Me. This 
line was the subject of the abandonment application granted by the 
Board in Montreal, Maine & Atlantic Railway, Ltd.--Discontinuance of 
Service and Abandonment--in Aroostook and Penobscot Counties, Me., AB 
1043 (Sub-No. 1) (STB served Dec. 27, 2010).\1\
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    \1\ Specifically, the application, as amended, identified the 
line to be abandoned as comprising: (1) The Madawaska Subdivision, 
consisting of approximately 151 miles of line between milepost 109 
near Millinocket and milepost 260 near Madawaska in Penobscot and 
Aroostook Counties; (2) the Presque Isle Subdivision, consisting of 
approximately 25.3 miles of line between milepost 0.0 near Squa Pan 
and milepost 25.3 near Presque Isle in Aroostook County; (3) the 
Fort Fairfield Subdivision, consisting of approximately 10 miles of 
line between milepost 0.0 near Presque Isle and milepost 10.0 near 
Easton in Aroostook County; (4) the Limestone Subdivision, 
consisting of approximately 29.85 miles of line between milepost 0.0 
near Presque Isle and milepost 29.85 near Limestone in Aroostook 
County and; (5) the Houlton Subdivision, running between milepost 
0.0 near Oakfield and milepost 17.27 near Houlton in Aroostook 
County, and including the B Spur.
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    The State of Maine, by and through its Department of Transportation 
(State), actively sought to preserve service on the line. To that end, 
the State, with Board help, reached an agreement to purchase the line 
from MMA. Should the Board grant MMA abandonment authority, the State 
proposed to acquire the line pursuant to the class exemption found in 
Common Carrier Status of States, State Agencies and Instrumentalities, 
and Political Subdivisions, 363 I.C.C. 132 (1980) (Common Carrier), 
aff'd sub nom. Simmons v. ICC, 697 F.2d 326 (DC Cir. 1982) and codified 
at 49 CFR 1150.22. The State also proposed to find a new operator. MMA 
agreed to the State's proposal, agreed to provide interim service until 
the new operator can begin

[[Page 5649]]

operations, and requested that the Board issue a modified certificate 
in regards to the interim service.
    In its December 27, 2010 decision granting MMA's application to 
abandon the line, the Board found that MMA already met a number of 
criteria necessary for the issuance of a modified certificate. 
Specifically, the Board found that the parties had provided: (1) The 
name and address of the operator, MMA; (2) the information on the 
abandonment giving rise to the acquisition by the State; (3) the 
proposed operation by MMA, and (4) a statement by MMA that it will 
receive no subsidies in connection with its operations, and that there 
will be no preconditions that shippers must meet to receive service.
    The Board granted the certificate to provide interim service in the 
December 27, 2010 decision, but it required that MMA submit into the 
record the parties' Interim Service Agreement and information on MMA's 
liability insurance coverage. Once this information has been filed and 
the State has acquired the line, the Board stated that the modified 
certificate would become effective and appropriate notice pursuant to 
49 CFR 1150.23 would be published in the Federal Register.
    On January 18, 2011, MMA filed the requisite data and averred that 
it conveyed the line to the State on January 14, 2011. MMA's modified 
certificate has become effective, and it may provide interim service 
under the certificate.
    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 at 425 Third Street, SW., Suite 
1000, Washington, DC 20024; and on the American Short Line and Regional 
Railroad Association at 50 F Street, NW., Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 24, 2011.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-2004 Filed 1-31-11; 8:45 am]
BILLING CODE 4915-01-P