Boston and Maine Corporation-Abandonment Exemption-in Middlesex County, MA; Springfield Terminal Railway Company-Discontinuance of Service Exemption-in Middlesex County, MA, 67251 [E8-26799]

Download as PDF Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–32 (Sub-No. 85X); STB Docket No. AB–355 (Sub-No. 37X)] mstockstill on PROD1PC66 with NOTICES Boston and Maine Corporation— Abandonment Exemption—in Middlesex County, MA; Springfield Terminal Railway Company— Discontinuance of Service Exemption—in Middlesex County, 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 1152 Subpart F—Exempt Abandonments and Discontinuances of Service for B&M to abandon, and for ST to discontinue service over, a 1.27-mile portion of the Lowell Industrial Track between station 1304+77, and station 1372+00 in Lowell, Middlesex County, MA. The line traverses United States Postal Service Zip Codes 01851 and 01852. 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 December 13, 2008, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to 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 VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 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 24, 2008. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 3, 2008, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to applicants’ representative: Michael Q. Geary, 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 November 18, 2008. 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 November 13, 2009, 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 https:// www.stb.dot.gov. Decided: November 4, 2008. exemption’s effective date. See Exemption of Outof-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 Effective July 18, 2008, the filing fee for an OFA increased to $1,500. See Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services—2008 update, STB Ex Parte No. 542 (Sub-No. 15) (STB served June 18, 2008). PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 67251 By the Board, David M. Konschnik, Director, Office of Proceedings. Jeff Herzig, Clearance Clerk. [FR Doc. E8–26799 Filed 11–12–08; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35087 1] Canadian National Railway Company and Grand Trunk Corporation— Control—EJ&E West Company Surface Transportation Board. Notice of Board meeting. AGENCY: ACTION: SUMMARY: The Board will hold a meeting on Tuesday, November 18, 2008, to receive a briefing from and discuss with the Section of Environmental Analysis (SEA) staff the Environmental Impact Statement (EIS) being prepared in STB Finance Docket No. 35087. The meeting will be open for public observation but not public participation. The meeting will take place on Tuesday, November 18, 2008, beginning at 10 a.m. ADDRESSES: The meeting will be held in the Hearing Room on the first floor of the Board’s headquarters at Patriot’s Plaza, 395 E Street, SW., Washington, DC 20423–0001. A video broadcast of the hearing will be available via the Board’s Web site at https://www.stb.dot.gov, under ‘‘Information Center’’/‘‘Webcast’’/‘‘Live Video’’ on the home page. FOR FURTHER INFORMATION CONTACT: A. Dennis Watson, Office of Public Assistance, Governmental Affairs, and Compliance, Telephone: (202) 245– 0234, FIRS: (800) 877–8339. SUPPLEMENTARY INFORMATION: On October 30, 2007, the Canadian National DATES: 1 This decision also embraces Elgin, Joliet and Eastern Railway Company—Corporate Family Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 1); Chicago, Central & Pacific Railroad Company—Trackage Rights Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 2); Grand Trunk Western Railroad Incorporated—Trackage Rights Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 3); Illinois Central Railroad Company—Trackage Rights Exemption— EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 4); Wisconsin Central Ltd.— Trackage Rights Exemption—EJ&E West Company, STB Finance Docket No. 35087 (Sub-No. 5); EJ&E West Company—Trackage Rights Exemption— Chicago, Central & Pacific Railroad Company, STB Finance Docket No. 35087 (Sub-No. 6); and EJ&E West Company—Trackage Rights Exemption— Illinois Central Railroad Company, STB Finance Docket No. 35087 (Sub-No. 7). E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Page 67251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26799]



[[Page 67251]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 85X); STB Docket No. AB-355 (Sub-No. 
37X)]


Boston and Maine Corporation--Abandonment Exemption--in Middlesex 
County, MA; Springfield Terminal Railway Company--Discontinuance of 
Service Exemption--in Middlesex County, 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 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service for B&M to abandon, and for ST to 
discontinue service over, a 1.27-mile portion of the Lowell Industrial 
Track between station 1304+77, and station 1372+00 in Lowell, Middlesex 
County, MA. The line traverses United States Postal Service Zip Codes 
01851 and 01852.
    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 December 13, 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 
November 24, 2008. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by December 3, 2008, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.
---------------------------------------------------------------------------

    \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\ Effective July 18, 2008, the filing fee for an OFA increased 
to $1,500. See Regulations Governing Fees for Services Performed in 
Connection with Licensing and Related Services--2008 update, STB Ex 
Parte No. 542 (Sub-No. 15) (STB served June 18, 2008).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representative: Michael Q. Geary, 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 
November 18, 2008. 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 November 13, 2009, 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 4, 2008.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeff Herzig,
Clearance Clerk.
 [FR Doc. E8-26799 Filed 11-12-08; 8:45 am]
BILLING CODE 4915-01-P
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