Federal Register, Volume 59 Issue 18 (Thursday, January 27, 1994)

[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1768]


[[Page Unknown]]

[Federal Register: January 27, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-83 (Sub-No. 13X)]

 

Maine Central Railroad Company; Abandonment Exemption; in Coos 
and Carroll Counties, NH

    Maine Central Railroad Company (MEC) has filed a notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon two segments of its Mountain Division line (1) between milepost 
51.11, near Conway, and milepost 67.00, near Bartlett and (2) between 
milepost 90.00, near Carroll, and milepost 103.16, near Whitefield, a 
distance of 29.05 miles, in Coos and Carroll Counties, NH.^{1
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    \1\ Abandonment and discontinuance of the line segment between 
mileposts 67.00 and milepost 90.00, was exempted in Maine Central R. 
Co. and Springfield Terminal Ry. Co.--Aband. and Discon. Exempt.--In 
Carroll and Coos Counties, NH, AB-83 (Sub-No. 11X) (ICC served June 
6, 1991).
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    MEC has certified that: (1) no local traffic has moved over the 
line for at least 2 years; (2) overhead traffic, if any, which 
previously moved over the line has been rerouted over other lines; (3) 
no formal complaint filed by a user of rail service on the line (or 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 governmental 
agencies) have been met.
    As a condition to the use of this exemption, any employee 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. 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 26, 1994, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,^{2 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),^{3 and trail use/rail banking requests under 49 CFR 
1152.29^{4 must be filed by February 7, 1994. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by February 16, 1994, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.
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    \2\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.
    \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\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 
applicant's 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.
    MEC has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Energy and Environment (SEE) will issue an 
environmental assessment (EA) by February 1, 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: January 21, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-1768 Filed 1-26-94; 8:45 am]
BILLING CODE 7035-01-P}}}}