[Federal Register Volume 71, Number 215 (Tuesday, November 7, 2006)]
[Notices]
[Page 65197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18648]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 99X); STB Docket No. AB-355 (Sub-No. 
33X)]


Boston and Maine Corporation--Abandonment Exemption--In Middlesex 
County, MA; Springfield Terminal Railway Company--Discontinuance of 
Service Exemption--In Middlesex County, MA

    Boston and Maine Corporation (B&M) and Springfield Terminal Railway 
Company (ST) (collectively, applicants) have filed a notice of 
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service for B&M to abandon, and ST to discontinue 
service over, a line of railroad, known as the Fitchburg Freight Cut-
Off, extending from milepost 0.00 to milepost 0.86 in Somerville, in 
Middlesex County, MA.\1\ The line traverses United States Postal 
Service Zip Code 02144.
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    \1\ By letter filed on October 20, 2006, applicants corrected 
the consummation date in their notice of exemption from December 6, 
2006, to the correct consummation date of December 7, 2006.
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    Applicants 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 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 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 December 7, 2006, 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 
November 17, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by November 27, 2006, 
with: Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \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 $1,300. 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: John P. Curtin, Esq., Iron Horse Park, 
North Billerica, MA 01862.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicants have filed an environmental and historic 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 November 9, 2006. 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 November 7, 2007, 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 http://www.stb.dot.gov.

    Decided: October 31, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-18648 Filed 11-6-06; 8:45 am]
BILLING CODE 4915-01-P