Boston & Maine Corporation―Abandonment Exemption―in Essex, Middlesex, and Suffolk Counties, MA, 42814 [2010-17920]

Agencies

• Surface Transportation Board
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Page 42814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17920]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 32 (Sub-No. 71X)]


Boston & Maine Corporation[horbar]Abandonment Exemption[horbar]in 
Essex, Middlesex, and Suffolk Counties, MA

    Boston & Maine Corporation (B&M) filed a verified notice of 
exemption under 49 CFR pt. 1152 subpart F-Exempt Abandonments to 
abandon a 9.74-mile portion of a line of railroad known as the Saugus 
Branch, extending from milepost 2.69 to milepost 12.43, in Saugus, 
Essex, Middlesex, and Suffolk Counties, Mass. The line traverses United 
States Postal Service Zip Codes 02149, 02151, 02148, 01905, and 
01906.\1\
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    \1\ On July 6, 2010, B&M amended its notice of exemption. On 
July 14, 2010, B&M amended and corrected its notice.
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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 (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 
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 21, 2010, 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 
August 2, 2010. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 11, 2010, with 
the Surface Transportation Board, 395 E Street, SW., Washington, DC 
20423-0001.\4\
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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 
Section of Environmental Analysis (SEA) 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).
    \4\ B&M states that it is unsure about the suitability of the 
line for public non-rail purposes. Upon the effective date of the 
abandonment, B&M notes that its easement interests will terminate 
and title to the line will vest solely in the Massachusetts Bay 
Transportation Authority.
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    A copy of any petition filed with the Board should be sent to B&M's 
representative: Robert B. Burns, Esq., Boston & Maine Corporation, 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 which 
addresses the effects, if any, of the abandonment on the environment 
and historic resources. SEA will issue an environmental assessment (EA) 
by July 27, 2010. 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 July 22, 2011, 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: July 16, 2010.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-17920 Filed 7-21-10; 8:45 am]
BILLING CODE 4915-01-P