[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12909-12910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5154]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35598]


Eastern Maine Railway Company--Assignment of Trackage Rights 
Exemption--Montreal, Maine & Atlantic Railway, Ltd. and Maine Northern 
Railway Company

    Pursuant to a written agreement, Montreal, Maine & Atlantic 
Railway, Ltd. (MMA) has agreed to assign its overhead trackage rights 
to the Eastern Maine Railway Company (EMR) over approximately 151 miles 
of rail line owned by the State of Maine (State) extending between 
milepost 109 near Millinocket, Me., and milepost 260 near Madawaska, 
Me. (the Line).
    This transaction is related to a concurrently filed verified notice 
of exemption in Docket No. FD 35588, Eastern Maine Railway Company--
Acquisition and Operation Exemption--Montreal, Maine & Atlantic 
Railway, Ltd., wherein EMR seeks to acquire from MMA and to operate 
28.75 miles of rail line.
    MMA, the former owner of the Line, proposed to abandon it and 
several other lines in 2010.\1\ The State purchased the Line and the 
other trackage to ensure rail service continued in northern Maine.\2\ 
Pursuant to a lease and operating agreement between Maine Northern 
Railway Company (MNRC) and the State, MNRC was selected as the

[[Page 12910]]

new operator.\3\ In anticipation of MNRC service, MMA acquired trackage 
rights over the Line to continue to connect its line in northern Maine 
with its other lines it was retaining.\4\ Now, MMA wishes to assign 
those rights to EMR, a corporate affiliate of MNRC, as part of the 
larger transaction in Docket No. FD 35588 whereby MMA has agreed to 
sell its line in northern Maine to EMR. EMR states that, by assigning 
the trackage rights, a point of interchange between EMR and MNRC can be 
eliminated, thereby increasing the efficiency of rail operations within 
northern Maine.\5\
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    \1\ See Montreal, Me. & Atl. Ry.--Discon. of Service and Aban.--
In Aroostook and Penobscot Cntys., Me., AB 1043 (Sub-No. 1) (STB 
served Dec. 27, 2010).
    \2\ See Montreal, Me. & Atl. Ry.--Modified Rail Certificate--In 
Aroostook and Penobscot Cntys., Me., FD 35463 (STB served Jan. 26, 
2011).
    \3\ See Me. N. Ry.--Modified Rail Certificate--In Aroostook and 
Penobscot Cntys. Me., FD 35521 (STB served June 15, 2011).
    \4\ Montreal, Me. & Atl. Ry.--Trackage Rights Exemption--Me. N. 
Ry., FD 35505 (STB served May 27, 2011).
    \5\ Should EMR and MMA fail to consummate the line sale in 
Docket No. FD 35588, EMR states that it would withdraw this notice 
of exemption for the assignment of the MMA trackage rights.
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    EMR states that the transaction will be consummated on the same 
date as consummation of the related acquisition and operation 
transaction in FD 35588, which is expected to be on March 19, 2012.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Railway--Trackage Rights--Burlington Northern, Inc., 354 
I.C.C. 605 (1978), as modified in Mendocino Coast Railway--Lease & 
Operate--California Western Railroad, 360 I.C.C. 653 (1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If the 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. Stay petitions 
must be filed by 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 35598, 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.''

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

    Decided: February 28, 2012.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-5154 Filed 3-1-12; 8:45 am]
BILLING CODE 4915-01-P