[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Page 40147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16577]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 32 (Sub-No. 105X)]


Boston and Maine Corporation--Abandonment Exemption--in Worcester 
County, MA

    Boston and Maine Corporation (B&M) has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
abandon a 0.14 mile freight rail operating easement for a line of 
railroad known as the Heywood Branch, between mileposts 27.29 and 
27.43, in Gardner, Worcester County, Mass.\1\ The line traverses United 
States Postal Service Zip Code 01440.
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    \1\ On June 20, 2012, the Board received a clarification 
indicating that B&M does not own the subject line, but holds a 
freight rail operating easement over the line. B&M explains that it 
sold the right-of-way to New England Power Company in 1963 subject 
to B&M's retaining an easement to continue to perform the freight 
rail operations over the line.
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    B&M has 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 at 49 CFR 1105.7(c) (environmental 
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 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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 August 7, 2012, 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 
July 16, 2012. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 26, 2012, with 
the Surface Transportation Board, 395 E Street SW., 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 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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 is 
currently set at $1,500. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to B&M's 
representative: Robert B. Burns, Iron Horse Park, North Billerica, MA 
01862.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    B&M has filed a combined environmental and historic report that 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. OEA will issue an environmental assessment (EA) 
by July 13, 2012. Interested persons may obtain a copy of the EA by 
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service at (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 July 6, 2013, 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: July 2, 2012.

    By the Board.

Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-16577 Filed 7-5-12; 8:45 am]
BILLING CODE 4915-01-P