[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4668-4669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1197]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 102X; STB Docket No. AB-355 (Sub-No. 
36X)]


Boston and Maine Corporation--Abandonment Exemption--in Merrimack 
County, NH; Springfield Terminal Railway Company--Discontinuance of 
Service Exemption--in Merrimack County, NH

    Boston and Maine Corporation (B&M) and Springfield Terminal Railway 
Company (ST) (collectively, applicants) jointly 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 for ST to 
discontinue service over, approximately 0.96 miles of railroad known as 
the Concord and Claremont Branch, extending from milepost 0.9 to 
milepost 1.86 in Concord, Merrimack County, NH. The line traverses 
United States Postal Service Zip Code 03301.
    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 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 February 26, 2008, 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 
February 4, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 14, 2008, 
with: Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.\3\
---------------------------------------------------------------------------

    \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).
    \3\ Without further explanation, applicants state that, prior to 
the effective date of these exemptions, title to the line will be 
acquired by third parties. Applicants are advised that they cannot 
transfer the title until the exemptions become effective or until 
they obtain appropriate Board authority.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representative: Michael Q. Geary, Esq., Boston & Maine 
Corporation, Iron Horse Park, North Billerica, MA 01862.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    B&M 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 February 1, 2008. 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), 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 January 25, 2009, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

[[Page 4669]]

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: January 17, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-1197 Filed 1-24-08; 8:45 am]
BILLING CODE 4915-01-P