[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Notices]
[Pages 35508-35509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16695]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 90)]


Boston and Maine Corporation--Abandonment--in Essex County, MA, 
and Rockingham County, NH

    On June 15, 2001, the Boston and Maine Corporation (B&M) filed with 
the Surface Transportation Board (Board) an application for permission 
to abandon and discontinue service on a line of railroad known as the 
Manchester and Lawrence Branch extending from milepost 1.4 in Lawrence, 
MA, to milepost 4.4 in Salem, NH, a distance of 3 miles, in Essex 
County, MA, and Rockingham County, NH. The line traverses U.S. Postal 
Service ZIP Codes 01840, 01841, 01843, 01844 and 03079. Applicant has 
indicated that there are no agency stations located on the line.
    The line does not contain federally granted rights-of-way. Any 
documentation in B&M's possession will be made available promptly to 
those requesting it. The applicant's entire case for abandonment (case-
in-chief) was filed with the application.
    The line of railroad has appeared on B&M's system diagram map or 
has been included in its narrative in category 1 since December 27, 
2000.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file with the Board written comments 
concerning the proposed abandonment or protests (including the 
protestant's entire opposition case), by July 30, 2001. All interested 
persons should be aware that, following any abandonment of rail service 
and salvage of the line, the line may be suitable for other public use, 
including interim trail use.\1\ Any request for a public use condition 
under 49 U.S.C. 10905 (49 CFR 1152.28) or for a trail use condition 
under 16 U.S.C. 1247(d) (49 CFR 1152.29) must be filed by July 30, 
2001. Each trail use request must be accompanied by a $150 filing fee. 
See 49 CFR 1002.2(f)(27). Applicant's reply to any opposition 
statements and its response to trail use requests must be filed by 
August 14, 2001. See 49 CFR 1152.26(a).
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    \1\ Applicant notes that a portion of the line from milepost 1.4 
to approximately milepost 3.72 is owned by the Massachusetts Bay 
Transportation Authority, an agency of the Commonwealth of 
Massachusetts, and that B&M provides service over this portion 
pursuant to an exclusive freight easement.
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    Persons opposing the abandonment who wish to participate actively 
and fully in the process should file a protest. Persons who may oppose 
the abandonment but who do not wish to participate fully in the process 
by submitting verified statements of witnesses containing detailed 
evidence should file comments. Persons seeking information concerning 
the filing of protests should refer to 49 CFR 1152.25. Persons 
interested only in seeking public use or trail use conditions should 
also file comments.
    In addition, a commenting party or protestant may provide:
    (i) An offer of financial assistance (OFA) for continued rail 
service under 49 U.S.C. 10904 (due 120 days after the application is 
filed or 10 days after the application is granted by the Board, 
whichever occurs sooner);
    (ii) Recommended provisions for protection of the interests of 
employees;
    (iii) A request for a public use condition under 49 U.S.C. 10905; 
and (iv) A statement pertaining to prospective use of the right-of-way 
for interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 
CFR 1152.29.
    All filings in response to this notice must refer to STB Docket No. 
AB-32 (Sub-No. 90) and must be sent to: (1) Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001; and (2) Robert B. Culliford, Iron Horse 
Park, North Billerica, MA 10862. The original and 10 copies of all 
comments or protests shall be filed with the Board with a certificate 
of service. Except as otherwise set forth in part 1152, every document 
filed with the Board must be served on all parties to the abandonment 
proceeding. 49 CFR 1104.12(a).
    The line sought to be abandoned will be available for subsidy or 
sale for continued rail use, if the Board decides to permit the 
abandonment, in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,000 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more than 1 
year unless otherwise mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly provide upon request to each 
interested party an estimate of the subsidy and minimum purchase price 
required to keep the line in operation. The carrier's representative to 
whom inquiries may be made concerning sale or subsidy terms is set 
forth above.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1545. [TDD for the hearing impaired is available at 1-800-
877-8339.]An environmental assessment (EA) (or environmental impact 
statement (EIS), if necessary) prepared by SEA will be served upon all 
parties of record and upon any agencies or other persons who commented 
during its preparation. Other interested persons may contact SEA to 
obtain a copy of the EA (or EIS). EAs in abandonment proceedings 
normally will

[[Page 35509]]

be made available within 33 days of the filing of the application. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service. The comments received will be addressed in the 
Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 27, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-16695 Filed 7-3-01; 8:45 am]
BILLING CODE 4910-00-P