[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Notices]
[Pages 10610-10611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4707]



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INTERSTATE COMMERCE COMMISSION

[Docket Nos. AB-32 (Sub-No. 60X) and AB-355 (Sub-No. 12X)]


Boston and Maine Corporation--Abandonment Exemption--in Hillsboro 
County, NH; Springfield Terminal Railway Company--Discontinuance of 
Service Exemption--in Hillsboro County, NH

    Boston and Maine Corporation (B&M) and Springfield Terminal Railway 
Company (ST) have filed a notice of exemption under 49 CFR 1152 Subpart 
F--Exempt Abandonments and Discontinuances for B&M to abandon and ST to 
discontinue service over a segment of B&M's line of railroad, known as 
the Portsmouth Branch (the Line), between milepost 37.10 and milepost 
39.68, a distance of approximately 2.58 miles, in Manchester, Hillsboro 
County, NH.
    B&M and ST certify 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 1105.7 (environmental 
reports), 49 CFR 1105.8 (historic reports), 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 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 29, 1995, 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 March 9, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by March 20, 1995, with: Office of the Secretary, Case Control Branch, 
Interstate Commerce Commission, Washington, DC 20423.

    \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 
Environmental Analysis in its independent investigation) cannot be 
made before the effective date of this 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.
    \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 pleading filed with the Commission should be sent to 
applicants' representative: John R. Nadolny, 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 and ST have filed an environmental report which addresses the 
effects of the abandonment and discontinuance, if any, on the 
environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by March 3, 
1995. Interested persons may obtain a copy of the EA by writing to SEA 
(Room 3219, Interstate Commerce Commission, [[Page 10611]] 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 17, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-4707 Filed 2-24-95; 8:45 am]
BILLING CODE 7035-01-P