Federal Register, Volume 62 Issue 168 (Friday, August 29, 1997)

[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Pages 45916-45917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23054]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-32 (Sub-No. 57X)]


Boston and Maine Corporation--Abandonment Exemption--in 
Rockingham County, NH

    Boston and Maine Corporation (B&M) has filed a notice of exemption 
under 49 CFR part 1152 Subpart F--Exempt Abandonments and 
Discontinuances to abandon an approximately 3.30-mile line of railroad 
on the Hampton Branch between milepost 42.70 and milepost 46.00 in 
Hampton, Hampton Falls and Seabrook, Rockingham County, NH.¹ 
The line traverses United States Postal Service Zip Codes 03842, 03844 
and 03874.
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    \1\ Pursuant to 49 CFR 1150.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant in 
its verified notice, indicated a proposed consummation date of 
September 29, 1997. However, because the verified notice was filed 
on August 11, 1997, consummation should not have been proposed to 
take place prior to September 30, 1997. Applicant's representative 
has been contacted and has confirmed that the correct consummation 
date is on or after September 30, 1997.
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    B&M has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) overhead traffic 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 Surface Transportation Board (Board) or with any U.S. 
District Court or has been decided in favor of 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 this exemption, any employee adversely 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

[[Page 45917]]

employees, a petition for partial revocation under 49 U.S.C. 10502(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 September 30, 1997, 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 must be filed by September 8, 1997. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by September 18, 1997, with: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC 
20423.
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    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis in its independent investigation) 
cannot be made before the exemption's effective date. See Exemption 
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for 
a stay should be filed as soon as possible so that the Board may 
take appropriate action before the exemption's effective date.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $900. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: John R. Nadolny, Esq., General Counsel, Law 
Department, Boston and Maine Corporation, Iron Horse Park, No. 
Billerica, MA 01862.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    B&M has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by September 3, 1997. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. Comments on environmental and historic preservation matters 
must be filed within 15 days after the EA becomes available to the 
public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), B&M shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by B&M'' s filing of a notice of 
consummation by August 28, 1998, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: August 21, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-23054 Filed 8-28-97; 8:45 am]
BILLING CODE 4915-00-P