[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64703-64704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22153]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-268 (Sub-No. 16X) and STB Docket No. AB-355 (Sub-No. 
34X)]


Portland Terminal Company--Abandonment Exemption--in Cumberland 
County, ME; and Springfield Terminal Railway Company--Discontinuance of 
Service Exemption--in Cumberland County, ME

    Portland Terminal Company (PT) and Springfield Terminal Railway 
Company (ST) (collectively, applicants) have jointly filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service for PT to abandon, and for ST to discontinue 
service over, approximately 1.3 miles of railroad known as the Mountain 
Branch in Westbrook, ME, extending from milepost 6.0 to milepost 7.3 in 
Cumberland County, ME. The line traverses United States Postal Service

[[Page 64704]]

Zip Code 04092, and includes no stations.
    PT 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 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 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 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, these exemptions will be 
effective on December 18, 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 
November 26, 2007. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 6, 2007, 
with: 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 exemptions' 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 exemptions' 
effective date.
    \2\ 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: Michael Q. Geary, Iron Horse Park, North 
Billerica, MA 01862.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    PT and ST 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 23, 2007. Interested persons may obtain a 
copy of the EA by writing to SEA (Room 1100, Surface Transportation 
Board, Washington, DC 20423-0001) or by calling SEA, at (202) 245-0305. 
[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), PT 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 PT's filing of a notice of consummation by 
November 16, 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: November 7, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-22153 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P