[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12808-12809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5795]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-1043 (Sub-No. 1)]
Montreal, Maine & Atlantic Railway, Ltd.--Discontinuance of
Service and Abandonment--In Aroostook and Penobscot Counties, ME
On February 25, 2010, Montreal, Maine & Atlantic Railway, Ltd.
(MMA) filed with the Board an application \1\ for permission to abandon
the following lines of railroad:
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\1\ The State of Maine, by and through its Department of
Transportation, filed a motion to reject the application on March
11, 2010. The Board will address the motion in a separate decision.
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(1) The Madawaska Subdivision, consisting of approximately 151
miles of line between milepost 109 near Millinocket and milepost 260
near Madawaska in Penobscot and Aroostook Counties, which traverses
United States Postal Service ZIP Codes 04462, 04460, 04777, 04776,
04747, 04763, 04780, 04759, 04732, 04775, 04768, 04739, 04781, 04743,
04745, and 04756; \2\
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\2\ MMA lists the stations on the lines it proposes to abandon
in Exhibit 5 of its application. The Madawaska Subdivision includes
the stations of Grindstone, Stacyville, Serman, Crystal, Belvedere,
Island Falls, Dyer Brook, Oakfield, Smyrna Mills, Weeksboro, Howe
Brook, St. Croix, Masardis, Levesque, Squa Pan, Ashland, Sheridan,
Wrightville, Moody, Skerry, Portage, Nixon, Winterville, Eagle Lake
Wallagrass, Soldier Point, Fort Kent, Frenchville, and Cleveland.
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(2) The Presque Isle Subdivision, consisting of approximately 25.3
miles of line between milepost 0.0 near Squa Pan and milepost 25.3 near
Presque Isle in Aroostook County, which traverses United States Postal
Service ZIP Codes 04732, 04757, and 04769; \3\
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\3\ This line includes the stations of Squa Pan, Chapman,
Mapleton, Skyway Jct., and Presque Isle.
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(3) The Fort Fairfield Subdivision, consisting of approximately 10
miles of line between milepost 0.0 near Presque Isle and milepost 10.0
near Easton in Aroostook County, which traverses United States Postal
Service ZIP Codes 04769, 04742, and 04740; \4\
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\4\ This line includes the stations of Presque Isle, Phair, and
Easton.
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(4) The Limestone Subdivision, consisting of approximately 29.85
miles of line between milepost 0.0 near Presque Isle and milepost 29.85
near Limestone in Aroostook County, which traverses United States
Postal Service ZIP Codes 04769, 04736, 04742, and 04750; \5\ and
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\5\ This line includes the stations of Presque Isle, Industrial,
Caribou, Macneil, Goodrich, and Limestone.
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(5) The Houlton Subdivision, consisting of approximately 16.9 miles
of line between milepost 0.0 near Oakfield and milepost 16.9 near
Houlton in Aroostook County, which traverses United States Postal
Service ZIP Codes 04763, 04761, and 04730.\6\
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\6\ This line includes the stations of Oakfield, Ludlow, New
Limerick, and Houlton.
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The lines do not contain federally granted rights-of-way. Any
documentation in MMA's possession will be made available promptly to
those requesting it. MMA's entire case for abandonment was filed with
the application.
The lines of railroad have appeared on the applicant's system
diagram map since August 28, 2009.
The interest of railroad employees will be protected by the
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen,
360 I.C.C. 91 (1979).
Any interested person may file with the Surface Transportation
Board written comments concerning the proposed abandonment or protests
(including the protestant's entire opposition case), by April 12, 2010.
All interested persons should be aware that, following any abandonment
of rail service and salvage of the lines, the lines may be suitable for
other public use, including interim trail use. Any request for a public
use condition under 49 U.S.C. 10905 (49 CFR 1152.28) and any request
for a trail use condition under 16 U.S.C. 1247(d) (49 CFR 1152.29) must
be filed by April 12, 2010. Each trail use request must be accompanied
by a $250 filing fee. See 49 CFR 1002.2(f)(27). Applicant's reply to
any opposition statements and its response to trail use requests must
be filed by April 26, 2010. See 49 CFR 1152.26(a). A final decision
will be issued by June 15, 2010.
Persons opposing the proposed abandonment who wish to participate
actively and fully in the process should file a protest. Persons who
may oppose the abandonment but who do not wish to participate fully in
the process by submitting verified statements of witnesses containing
detailed evidence should file comments. Persons seeking information
concerning the filing of protests should refer to 49 CFR 1152.25.
Persons interested only in seeking public use or trail use conditions
should also file comments.
In addition, a commenting party or protestant may provide: (i) An
offer of financial assistance (OFA) for continued rail service,
pursuant to 49 U.S.C. 10904 (due 120 days after the application is
filed or 10 days after the application is granted by the Board,
whichever occurs sooner); (ii) recommended provisions for protection of
the interests of employees; (iii) a request for a public use condition
under 49 U.S.C. 10905; and (iv) a statement pertaining to prospective
use of the right-of-way for interim trail use and rail banking under 16
U.S.C. 1247(d) and 49 CFR 1152.29.
Written comments and protests, including all requests for public
use and trail use conditions, must indicate the proceeding designation
STB Docket No. AB-1043 (Sub-No. 1) and must be sent to: (1) Surface
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001, and
(2) James E. Howard, One Thompson Square, Suite 201, Charlestown, MA
02129. The original and 10 copies of all comments or protests shall be
filed with the Board with a certificate of service. Except as otherwise
set forth in 49 CFR 1152, every document filed with the Board must be
served on all parties to the abandonment proceeding. 49 CFR 1104.12(a).
The lines sought to be abandoned will be available for subsidy or
sale for continued rail use, if the Board decides to permit the
abandonment, in accordance with applicable laws and regulations (49
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a
$1,500 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement
approved under 49 U.S.C. 10904 shall remain in effect for more than 1
year unless otherwise mutually
[[Page 12809]]
agreed by the parties (49 U.S.C. 10904(f)(4)(B)). Applicant will
promptly provide upon request to each interested party an estimate of
the subsidy and minimum purchase price required to keep the lines in
operation. MMA's representative to whom inquiries may be made
concerning sale or subsidy terms is set forth above.
Persons seeking further information concerning abandonment
procedures may contact the Board's Office of Public Assistance,
Governmental Affairs, and Compliance at (202) 245-0238 or refer to the
full abandonment/discontinuance regulations at 49 CFR part 1152.
Questions concerning environmental issues may be directed to SEA at
(202) 245-0305. (Assistance for the hearing impaired is available
through the Federal Information Relay Service (FIRS) at 1-800-877-
8339.)
An Environmental Assessment (EA) (or Environmental Impact Statement
(EIS), if necessary) prepared by SEA will be served upon all parties of
record and upon any agencies or other persons who commented during its
preparation. Any other persons who would like to obtain a copy of the
EA (or EIS) may contact SEA. EAs in this type of abandonment proceeding
normally will be made available within 33 days of the filing of the
application. The deadline for submission of comments on the EA will
generally be within 30 days of its service. The comments received will
be addressed in the Board's decision. A supplemental EA or EIS may be
issued where appropriate.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: March 12, 2010.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-5795 Filed 3-16-10; 8:45 am]
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