[Federal Register Volume 63, Number 93 (Thursday, May 14, 1998)]
[Notices]
[Pages 26842-26843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12696]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket Nos. AB-32 (Sub-No. 86X) and AB-355 (Sub-No. 24X)]


Boston and Maine Corporation--Abandonment Exemption--in Middlesex 
County, MA and Springfield Terminal Railway Company--Discontinuance of 
Service Exemption--in Middlesex County, MA

    Boston & Maine Corporation (B&M) and Springfield Terminal Railway 
Company (ST) have filed a notice of exemption under 49 CFR Part 1152 
Subpart F--Exempt Abandonments and Discontinuances for B&M to abandon 
and ST to discontinue service over a 1.82-mile line of railroad known 
as the Watertown Branch from milepost 5.85 (Engineering Station 87+90) 
to milepost 7.67 (Engineering Station 184+25) in Middlesex County, MA. 
The line traverses United States Postal Service Zip Code 
02172.1
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    \1\  On May 1, 1998, B&M informed the Board of the actual 
mileposts in addition to the Engineering Stations identified in its 
verified notice.
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    B&M and ST have 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 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 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 June 13, 
1998, 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 
May 26, 1998. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by June 3, 1998, 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 $1,000. 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 representative: John R. Nadolny, Esq., Boston and Maine 
Corporation, Law Department, Iron Horse Park, North Billerica, MA 
01862.
    If the verified notice 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 May 19, 
1998. 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 May 14, 1999, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: May 6, 1998.

[[Page 26843]]

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-12696 Filed 5-13-98; 8:45 am]
BILLING CODE 4915-00-P