[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Pages 69542-69543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28047]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35664]


V and S Railway, LLC--Acquisition and Operation Exemption--
Colorado Department of Transportation

AGENCY: Surface Transportation Board.

ACTION: Notice of exemption.

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

SUMMARY: The Board is granting an exemption under 49 U.S.C. 10502 from 
the prior approval requirements of 49 U.S.C. 10902 and 49 CFR 1150.1 et 
seq., for V and S Railway, LLC (V&S), a Class III rail carrier, to 
acquire approximately 121.9 miles of rail line between milepost 747.5, 
near Towner, and milepost 869.4, near NA Junction in Pueblo, Crowley, 
and Kiowa Counties, Colo. (the Towner Line). V&S filed its petition for 
exemption because, in an earlier Board proceeding, it received Board 
authority only to operate over the Towner Line by assignment of the 
lease of the previous operator.\1\ However, V&S had actually purchased 
the Towner Line from the owner, the Colorado Department of 
Transportation (CDOT), which V&S has operated since December 29, 2005.
---------------------------------------------------------------------------

    \1\ V & S Ry.--Acquis. and Operation Exemption--Colo., Kan. & 
Pac. Ry., FD 34779 (STB served Dec. 30, 2005).
---------------------------------------------------------------------------

    V&S also requests that the Board grant retroactive approval of its 
acquisition. V&S states that in the near future it expects to file a 
verified notice of exemption to abandon the western segment of the 
Towner Line, on which there has been no traffic for more than two 
years' time and asks that December 29, 2005, be the effective date of 
its acquisition. The Board denies the request of V&S for retroactive 
approval of its acquisition, but will allow V&S to file a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon the western segment of the Towner Line by waiving the 
requirement that it have had ownership of that portion of the line for 
at least two years before making the certification required at 49 CFR 
1152.50(b).

DATES: This exemption will be effective December 13, 2012. Petitions to 
stay must be filed by November 28, 2012. Petitions to reopen must be 
filed by December 10, 2012.

ADDRESSES: Send an original and 10 copies of all pleadings referring to 
Docket No. FD 35664, to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of pleadings 
to Fritz Kahn, Fritz Kahn, P.C., 1919 M Street NW., 7th Floor, 
Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Jonathon Binet, (202) 245-0368. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in

[[Page 69543]]

the Board's decision served November 13, 2012, which is available on 
our Web site at www.stb.dot.gov.

    Decided: November 13, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-28047 Filed 11-16-12; 8:45 am]
BILLING CODE 4915-01-P