[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3115]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-32 (Sub-No. 56X)]

 

Boston and Maine Corp.--Discontinuance of Service Exemption--in 
Middlesex County, MA

    Boston and Maine Corporation (B&M) has filed a notice of exemption 
under 49 CFR 1152, subpart F--Exempt Abandonments and Discontinuances 
to discontinue service over a 0.93-mile line of railroad on the 
Stoneham Branch line, owned by the Massachusetts Bay Transportation 
Authority (MBTA),1 extending between milepost 0.00 and milepost 
0.93 in Stoneham, Middlesex County, MA.
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    \1\The property at issue is owned by the MBTA, and will continue 
to be owned by the MBTA after consummation of the proposed 
discontinuance of service.
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    B&M has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic 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 
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 use of this exemption, any employee affected by 
the 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 March 12, 1994, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues2 and 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),3 must be filed by February 22, 1994. Petitions to 
reopen must be filed by March 2, 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 
before 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 this 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).
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Kevin J. O'Connell, Esq., Boston and Maine 
Corporation, Iron Horse Park, No. Billerica, MA 01862.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    B&M has filed an environmental report which addresses the 
discontinuance's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by February 15, 1994. Interested persons 
may obtain a copy of the EA by writing to SEA (room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser, 
Chief of SEA, 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 and historic preservation conditions will be imposed, 
where appropriate, in a subsequent decision.

    Decided: February 3, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-3115 Filed 2-9-94; 8:45 am]
BILLING CODE 7035-01-P