[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Page 67251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26799]
[[Page 67251]]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-32 (Sub-No. 85X); STB Docket No. AB-355 (Sub-No.
37X)]
Boston and Maine Corporation--Abandonment Exemption--in Middlesex
County, MA; Springfield Terminal Railway Company--Discontinuance of
Service Exemption--in Middlesex County, MA
The Boston and Maine Corporation (B&M) and Springfield Terminal
Railway Company (ST) (collectively, applicants) have jointly filed a
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments
and Discontinuances of Service for B&M to abandon, and for ST to
discontinue service over, a 1.27-mile portion of the Lowell Industrial
Track between station 1304+77, and station 1372+00 in Lowell, Middlesex
County, MA. The line traverses United States Postal Service Zip Codes
01851 and 01852.
Applicants have certified that: (1) No traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on the
line; (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 Board or with any U.S. District Court or has been decided in
favor of complainant within the 2-year period; and (4) the requirements
of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic
report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 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) has been received, this exemption will be
effective on December 13, 2008, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking requests under 49 CFR 1152.29 must be filed by
November 24, 2008. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by December 3, 2008, with
the Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
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\1\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis (SEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989).
Any request for a stay should be filed as soon as possible so that
the Board may take appropriate action before the exemption's
effective date.
\2\ Effective July 18, 2008, the filing fee for an OFA increased
to $1,500. See Regulations Governing Fees for Services Performed in
Connection with Licensing and Related Services--2008 update, STB Ex
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
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A copy of any petition filed with the Board should be sent to
applicants' representative: Michael Q. Geary, Boston & Maine
Corporation, Springfield Terminal Railway Company, 1700 Iron Horse
Park, North Billerica, MA 01862.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Applicants have filed environmental and historic reports which
address the effects, if any, of the abandonment on the environment and
historic resources. SEA will issue an environmental assessment (EA) by
November 18, 2008. Interested persons may obtain a copy of the EA by
writing to SEA (Surface Transportation Board, Washington, DC 20423-
0001) or by calling SEA, at (202) 245-0303. [Assistance for the hearing
impaired is available through the Federal Information Relay Service
(FIRS) at 1-800-877-8339.] Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), B&M shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the line. If
consummation has not been effected by B&M's filing of a notice of
consummation by November 13, 2009, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: November 4, 2008.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Jeff Herzig,
Clearance Clerk.
[FR Doc. E8-26799 Filed 11-12-08; 8:45 am]
BILLING CODE 4915-01-P