[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Pages 596-597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-171]


[[Page Unknown]]

[Federal Register: January 5, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket Nos. AB-32 and AB-355 (Sub-Nos. 58X and 10X)]

 

Boston and Maine Corporation--Abandonment Exemption--New Haven 
County, CT; Springfield Terminal Railway Company--Discontinuance of 
Service Exemption--New Haven County, CT

    Boston and Maine Corporation (BM), and Springfield Terminal Railway 
Company (ST) filed a notice of exemption under 49 CFR part 1152 Subpart 
F--Exempt Abandonments and Discontinuances for BM to abandon and ST to 
discontinue service over a 0.88 mile segment of BM's rail known as the 
Waterbury Industrial Track, between milepost 0.98 and milepost 1.86, in 
Waterbury, New Haven County, CT.
    BM and ST have certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) overhead traffic has been rerouted 
over other lines; (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 Commission or with any U.S. District Court 
or has been decided in favor of the complainant within the 2-year 
period; and (4) the requirements at 49 CFR 1105.7 (environmental 
reports), 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 government agencies) have been met.
    As a condition to the use of this exemption, any employee affected 
by the abandonment or discontinuance 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. 10505(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 February 4, 1994, 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 
1152.293 must be filed by January 18, 1994. Petitions to reopen or 
request for public use conditions under 49 CFR 1152.28 must be filed by 
January 25, 1994, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.
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    \1\A stay will be issued routinely by the Commission in those 
proceedings where an informed decision on environmental issues 
(whether raised by a party or by the Commission's Section of Energy 
and Environment in its independent investigation) cannot be made 
prior to the effective date of the notice of exemption. See 
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
entity seeking a stay on environmental concerns is encouraged to 
file its request as soon as possible in order to permit the 
Commission to review and act on the request before the effective 
date of this exemption.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
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    A copy of any petition filed with the Commission should be sent to 
applicants' representative: Kevin J. O'Connell, Iron Horse Park, North 
Billerica, MA 01862.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    BM and SP have filed an environmental report which addresses the 
effects, if any, of the abandonment and discontinuance on the 
environment and historic resources. The Section of Energy and 
Environment (SEE) will issue an environmental assessment (EA) by 
January 10, 1994. Interested persons may obtain a copy of the EA by 
writing to SEE (room 3219, Interstate Commerce Commission, Washington, 
DC 20423) or by calling Elaine Kaiser, Chief of SEE, at (202) 927-6248. 
Comments on environmental and historic preservation matters must be 
filed within 15 days after the EA is available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.


    Decided: December 23, 1993.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-171 Filed 1-4-94; 8:45 am]
BILLING CODE 7035-01-P