[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Notices]
[Pages 7284-7285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3094]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 97X); STB Docket No. AB-355 (Sub-No. 
29X)]


Boston and Maine Corporation--Abandonment Exemption--in Middlesex 
County, MA; 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 line of railroad, known as the 
Tewksbury Branch, extending from milepost 0.0 to milepost .75, in 
Middlesex County, MA. The line traverses United States Postal Service 
Zip Code 01876.
    B&M and ST have 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 Board or with any U.S. District Court or has been decided in 
favor of complainant within the 2-year period;

[[Page 7285]]

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 these exemptions, any employee adversely affected 
by the abandonment or 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 March 17, 2004,\1\ 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 
February 23, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 4, 2004, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board at least 50 days before the 
abandonment or discontinuance is to be consummated. While the 
applicant initially indicated a proposed consummation date of March 
16, 2004, because the verified notice was filed on January 27, 2004, 
consummation may not take place prior to March 17, 2004.
    \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 (SEA) 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 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 
applicants' representative: Katherine E. Potter, Esq., 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, if any, of the abandonment and discontinuance on the 
environment and historic resources. SEA will issue an environmental 
assessment (EA) by February 20, 2004. Interested persons may obtain a 
copy of the EA by writing to SEA (Room 500, Surface Transportation 
Board, Washington, DC 20423-0001) or by calling SEA, at (202) 565-1539. 
[Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at 1-800-877-8339.] 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 February 13, 2005, 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 Web site at 
www.stb.dot.gov.

    Decided: February 5, 2004.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.

Vernon A. Williams,
Secretary.
[FR Doc. 04-3094 Filed 2-12-04; 8:45 am]
BILLING CODE 4915-01-P