[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Notices]
[Pages 24550-24551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11308]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-355 (Sub-No. 27X)]


Springfield Terminal Railway Company--Discontinuance of Service 
Exemption--Portion of Bemis Branch, in Middlesex County, MA

    Springfield Terminal Railway Company (ST) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances to discontinue service over a 2.11-mile line of 
railroad \1\ known as the Bemis Branch extending from milepost 8.83 to 
milepost 10.94,\2\ in Waltham and Watertown, Middlesex County, MA. The 
line traverses United States Postal Service Zip Codes 02451 and 02472.
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    \1\ ST acquired its leasehold interest in the line from Boston 
and Maine Corporation (B&M), an affiliate of ST, in D&H Ry--Lease & 
Trackage Rights Exemp. Springfield Term., 4 I.C.C.2d 322 (1988). ST 
states that, prior to the effective date of this discontinuance, 
title to the line was or will be acquired by third parties.
    \2\ B&M was authorized to abandon the line in Boston and Maine 
Corporation--Abandonment--in Middlesex County, MA, STB Docket No. 
AB-32 (Sub-No. 89) (STB served Aug. 16, 2000), and consummated the 
abandonment in June 2001. By letter filed on April 30, 2003, ST 
supplemented its notice of exemption to explain that it did not seek 
approval to discontinue its operations at the time of the B&M 
abandonment because it was unaware that such approval was required.
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    ST has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic to be rerouted; 
(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 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. 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 6, 2003,\3\ unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ 
must be filed by May 19, 2003. Petitions to reopen must be filed by May 
27, 2003, with the Surface Transportation Board, 1925 K Street, NW., 
Washington, DC 20423-0001.
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    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historic 
documentation is required under 49 CFR 1105.6(c) and 1105.8. 
Nevertheless, ST filed an environmental report with its notice. The 
Board's Section of Environmental Analysis (SEA) issued an 
environmental assessment on May 31, 2000, in connection with B&M's 
abandonment of the line.
    \4\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to ST's 
representative: Katherine E. Potter, Esq.,

[[Page 24551]]

Springfield Terminal Railway Company, Iron Horse Park, North Billerica, 
MA 01862.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: May 1, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-11308 Filed 5-6-03; 8:45 am]
BILLING CODE 4915-00-P