[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Page 10295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3705]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 95X); STB Docket No. AB-355 (Sub-No. 
26X)]


Boston and Maine Corporation--Abandonment Exemption--in Essex and 
Middlesex Counties, MA; Springfield Terminal Railway Company--
Discontinuance of Service Exemption--in Essex and Middlesex Counties, 
MA

    The Boston and Maine Corporation (B&M) and Springfield Terminal 
Railway Company (ST) (collectively, applicants), have jointly filed a 
notice of exemption under 49 CFR Part 1152 Subpart F--Exempt 
Abandonments and Discontinuances of Service for B&M to abandon, and for 
ST to discontinue service over, a 9.69-mile portion of the Wakefield 
Junction Industrial Track between milepost 9.38, and milepost 19.07 in 
Essex and Middlesex Counties, MA. The line traverses United States 
Postal Service Zip Codes 01880, 01923, 01940 and 01960.
    Applicants have certified that: (1) No 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; and (4) the requirements 
of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic 
report), 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 April 6, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
March 19, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by March 27, 2007, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
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    \1\ 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.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently 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: Clinton P. Wright, Boston & Maine 
Corporation, Springfield Terminal Railway Company, 1700 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 environmental and historic reports which 
address the effects, if any, of the abandonment on the environment and 
historic resources. SEA will issue an environmental assessment (EA) by 
March 12, 2007. Interested persons may obtain a copy of the EA by 
writing to SEA (Surface Transportation Board, Washington, DC 20423-
0001) or by calling SEA, at (202) 245-0303. [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 March 7, 2008, 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: February 23, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-3705 Filed 3-6-07; 8:45 am]
BILLING CODE 4915-01-P