[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3595]


[[Page Unknown]]

[Federal Register: February 16, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-32 (Sub-No. 59X)]

 

Boston and Maine Corporation; Abandonment Exemption--Middlesex 
County, MA

[Docket No. AB-355 (Sub-No. 11X)]

Springfield Terminal Railway Company--Discontinuance of Service 
Exemption; Middlesex County, MA

    Boston and Maine Corporation (B&M) and Springfield Terminal Railway 
Company (ST) filed a notice of exemption under 49 CFR part 1152 Subpart 
F--Exempt Abandonments and Discontinuances to abandon and discontinue 
service over a segment of B&M's rail line known as the Lowell Secondary 
Track, between milepost 24.27 and milepost 25.01, a distance of 
approximately 0.74 miles, in Lowell, Middlesex County, MA. B&M seeks 
authority to abandon the line, and ST, which leases the line from B&M, 
seeks authority to discontinue service over the line.
    B&M and ST certify that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic, if any, 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 reports), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication),\1\ and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
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    \1\B&M and ST certify that they have met the newspaper 
publication requirement of 49 CFR 1105.7(c). The substance of the 
publication and certification required by that section for 
environmental reports is the same as that set forth at 49 CFR 
1105.12.
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    As a condition to use of this exemption, any employee adversely 
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 March 18, 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 28, 1994. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 8, 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 involving 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).
    \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 pleading filed with the Commission should be sent to 
applicants' representative: Kevin J. O'Connell, Esq., Law Department, 
Iron Horse Park, North Billerica, MA 01862.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    B&M and ST have filed an environmental report which addresses the 
effect, if any, of the abandonment and the discontinuance on the 
environmental and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by February 
18, 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, historic preservation, public use, or trail use/rail 
banking 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. 94-3595 Filed 2-15-94; 8:45 am]
BILLING CODE 7035-01-P