[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10797]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-32 (Sub-No. 67X)]

 

Boston and Maine Corporation--Discontinuance of Trackage Rights 
Exemption--Hampden County, MA

    Boston and Maine Corporation (B&M), has filed a notice of exemption 
under 49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of 
Trackage Rights to discontinue trackage rights over approximately 0.52 
miles of rail line owned by Consolidated Rail Corporation (Conrail) 
between milepost 98.02 and milepost 98.54, in Springfield, Hampden 
County, MA.1 Conrail will continue to provide rail service on the 
line.
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    \1\Under 49 CFR 1152.50(d)(2), the railroad must file a verified 
notice with the Commission at least 50 days before the abandonment 
or discontinuance is to be consummated. B&M's verified notice 
indicated a proposed consummation date of June 1, 1994. Because the 
verified notice was not filed until April 15, 1994, consummation 
should not have been proposed to take place prior to June 6, 1994. 
B&M's representative has confirmed that the correct consummation 
date is on or after June 6, 1994.
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    B&M has certified with respect to the trackage rights involved here 
that:
    (1) No local traffic has moved over the line for at least 2 years;
    (2) Any overhead traffic on the line 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 1152.50(d)(1) (notice to 
governmental agencies) have been met.2
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    \2\Because under 49 CFR 1105.6(b)(3) no environmental assessment 
will be prepared for discontinuances of trackage rights where the 
affected line will continue to be operated, environmental or 
historical documentation is not required here. 49 CFR 1105.6(c)(6) 
and 49 CFR 1105.8.
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    As a condition to use of this exemption, any employee adversely 
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 June 4, 1994, unless stayed pending reconsideration. 
Petitions to stay must be filed by May 16, 1994. Petitions to reopen 
must be filed by May 25, 1994, with: Office of the Secretary, Case 
Control Branch, Interstate Commerce Commission, Washington, DC 
20423.3
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    \3\Because this is only a discontinuance proceeding and Conrail 
will continue to provide service over the line, the routine 
provisions for trail use/rail banking or public use conditions 
provided for in abandonment proceedings are not appropriate here.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: John R. Nadolny, Iron Horse Park, North 
Billerica, MA 01862.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.

    Decided: April 22, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-10797 Filed 5-4-94; 8:45 am]
BILLING CODE 7035-01-P