[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Page 12909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5079]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35588]


Eastern Maine Railway Company--Acquisition and Operation 
Exemption--Montreal, Maine & Atlantic Railway, Ltd.

    Eastern Maine Railway Company (EMR), a Class III rail carrier, has 
filed a verified notice of exemption under 49 CFR 1150.41 to acquire 
from Montreal, Maine & Atlantic Railway, Ltd. (MMA), and to operate 
approximately 28.75 miles of rail line between the rail line owned by 
the State of Maine near Madawaska, Me. to the Canadian National Railway 
(CN) rail line near St. Leonard, N.B. at milepost 194.1 of CN's 
Nappadoggin Subdivision. Specifically, the 28.75 miles of rail line 
consist of: (1) MMA's Madawaska Subdivision extending from milepost 260 
to milepost 264.13; (2) MMA's Van Buren Subdivision extending from 
milepost 0.0 to milepost 23.69; and (3) an additional 0.93 miles of 
rail line, including the Van Buren Bridge, for connection to the CN 
rail line near St. Leonard, N.B.\1\
---------------------------------------------------------------------------

    \1\ EMR recognizes that the Board's jurisdiction only covers the 
acquisition of the line to the U.S.-Canada border.
---------------------------------------------------------------------------

    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35598, Eastern Maine Railway Company--
Assignment of Trackage Rights Exemption--Montreal, Maine & Atlantic 
Railway, Ltd. and Maine Northern Railway Company, wherein EMR seeks to 
acquire overhead trackage rights by assignment from MMA.\2\
---------------------------------------------------------------------------

    \2\ These trackage rights would enable EMR access over the line 
owned by the State of Maine and extend from milepost 109 near 
Millinocket, Me., to milepost 260 near Madawaska, Me. MMA previously 
obtained these trackage rights in Montreal, Maine & Atlantic 
Railway, Ltd.--Trackage Rights Exemption--Maine Northern Railway 
Company, FD 35505 (STB served May 27, 2011).
---------------------------------------------------------------------------

    The Maine Northern Railway Company (MNRC) currently has overhead 
trackage rights over the 28.75 miles of rail line owned by MMA. EMR is 
acquiring the line subject to these trackage rights. Therefore, MNRC's 
overhead trackage rights will remain unchanged by EMR's acquisition of 
the MMA line.\3\ Also, CN currently has limited trackage rights over a 
portion of the line,\4\ and CN's indirect subsidiary Waterloo Railway 
Company has a limited easement over a portion of the line.\5\ EMR is 
acquiring the line subject to these rights as well.
---------------------------------------------------------------------------

    \3\ See Me. N. Ry.--Trackage Rights Exemption--Montreal, Me. & 
Atl. Ry., FD 35518 (STB served June 3, 2011).
    \4\ See Canadian Natl. Ry.--Trackage Rights Exemption--Bangor 
and Aroostook R.R. and Van Buren Bridge Co., FD 34014 (STB served 
Mar. 21, 2001).
    \5\ See Waterloo Ry.--Acquis. Exemption--Bangor and Aroostook 
R.R. and Van Buren Bridge Co., FD 34015 (STB served Mar. 21, 2001).
---------------------------------------------------------------------------

    The transaction is expected to be consummated on or about March 19, 
2012.
    EMR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier. Because EMR's projected annual revenues will exceed $5 
million, EMR certified to the Board on January 17, 2012, that it had 
complied with the requirements of 49 CFR 1150.32(e) by providing notice 
to employees and their labor unions on the affected 28.75 miles of rail 
line. Under 49 CFR 1150.32(e), this exemption cannot become effective 
until 60 days after the date notice was provided, which would be March 
17, 2012.
    If the verified 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 effectiveness of the 
exemption. Petitions to stay must be filed no later than March 9, 2012 
(at least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35588, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Karyn A. Booth, Thompson Hine LLP, Suite 
800, 1920 N Street NW., Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: February 28, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-5079 Filed 3-1-12; 8:45 am]
BILLING CODE 4915-01-P