[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Page 38713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15787]



Surface Transportation Board

[Docket No. AB 603 (Sub-No. 2X)]

V & S Railway, LLC--Discontinuance of Service Exemption--in 
Pueblo, Crowley and Kiowa Counties, CO

    V & S Railway, LLC (V & S) has filed a verified notice of exemption 
under 49 CFR pt. 1152 subpart F-Exempt Abandonments and Discontinuances 
of Service to discontinue service over a line of railroad between 
milepost 868.5 near NA Junction 81022 and milepost 808.3 near Haswell 
81045, a distance of 60.2 miles, in Pueblo, Crowley, and Kiowa 
Counties, Colo. (the line). The line traverses United States Postal 
Service Zip Codes 81022, 81025, 81039, 81062, 81033, 81063, and 81045.
    V & S has certified that: (1) No local traffic has moved over the 
line for at least two years; (2) any overhead traffic on the line can 
be rerouted over other lines; and (3) no formal complaint filed by a 
user of rail service on the line (or by a state or local government 
entity acting on behalf of such user) regarding cessation of service 
over the line either is pending with the Surface Transportation Board 
(Board) or with any U.S. District Court or has been decided in favor of 
complainant within the two-year period. V & S has further certified 
that the requirements at 49 CFR 1105.12 (newspaper publication) and 49 
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.\1\

    \1\ Because this is a discontinuance proceeding and not an 
abandonment, the proceeding is exempt from the requirements of 49 
CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic 
reports), and 49 CFR 1105.11 (transmittal letter).

    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) to subsidize continued rail service has been 
received, this exemption will become effective on July 28, 2012, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2) \2\ must be 
filed by July 9, 2012.\3\ Petitions to reopen must be filed by July 18, 
2012, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.

    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.

    A copy of any petition filed with the Board should be sent to V & 
S's representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M Street 
NW., (7th Floor), Washington, DC 20036.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 

    Decided: June 20, 2012.

    By the Board, Richard Armstrong, Acting Director, Office of 
Jeffrey Herzig,
Clearance Unit.
[FR Doc. 2012-15787 Filed 6-27-12; 8:45 am]