[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Notices]
[Pages 28884-28885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13147]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-355 (Sub-No. 28X)]


Springfield Terminal Railway Company--Discontinuance of Service 
Exemption--Manchester and Lawrence Branch, in Essex County, MA and 
Rockingham and Hillsborough Counties, NH

    Springfield Terminal Railway Company (ST) has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances to discontinue service over two 
portions of a line of railroad, with a combined length of 11.97-miles, 
known as the Manchester and Lawrence Branch,\1\ extending (a) from 
milepost

[[Page 28885]]

1.40 to milepost 7.6 \2\ and (b) from milepost 20.93 to milepost 26.70 
\3\ in Essex County, MA, and Rockingham and Hillsborough Counties, NH. 
The line traverses United States Postal Service Zip Codes 01840, 01841, 
01843, 01844, 03079, 03101, 03103, and 03053.
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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 this portion of the line in 
Boston and Maine Corporation--Abandonment--in Essex County, MA, and 
Rockingham County, NH, STB Docket No. AB-32 (Sub-No. 90) (STB served 
Oct. 3, 2001), and in Boston and Maine Corporation--Abandonment and 
Discontinuance of Service Exemption--Rockingham and Hillsboro 
Counties, NY, STB Docket No. AB-32 (Sub-No. 88X) (STB served May 26, 
2000).
    \3\ B&M was authorized to abandon this portion of the line in 
Boston and Maine Corporation--Abandonment Exemption--in Rockingham 
and Hillsborough Counties, NH, STB Docket No. AB-32 (Sub-No. 87X) 
(STB served July 2, 1999).
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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 on the line; (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 26, 2003,\4\ 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),\5\ 
must be filed by June 6, 2003. Petitions to reopen must be filed by 
June 16, 2003, with the Surface Transportation Board, 1925 K Street, 
NW., Washington, DC 20423-0001.
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    \4\ 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 environmental 
assessments on July 9, 1999, April 7, 2000, and July 18, 2001, in 
connection with B&M's previously noted abandonment of these segments 
of the line.
    \5\ 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., 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 20, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-13147 Filed 5-23-03; 8:45 am]
BILLING CODE 4915-01-P