[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Notices]
[Pages 30287-30288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14268]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-32 (Sub-No. 84X)]


Boston and Maine Corp.--Abandonment Exemption--in New Haven 
County, CT

    Boston & 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 0.48-mile line of railroad 
on the Watertown Industrial Track between Engineering Station 19+50 
(approximately milepost 0.94) and Engineering Station 44+66 
(approximately milepost 1.42) in Waterbury, New Haven County, CT. The 
line traverses United States Postal Service Zip code 06701.
    B&M has 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 July 3, 
1998, 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 1152.29 must be filed by June 
15, 1998. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by June 23, 1998, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, NW., Washington, DC 20423.
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    \1\ 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.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. 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., Boston and Maine 
Corporation, Law

[[Page 30288]]

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 has 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 June 8, 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 June 3, 1999, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: May 22, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-14268 Filed 6-2-98; 8:45 am]
BILLING CODE 4915-00-P