# Boston and Maine CorporationAbandonment Exemptionin Waterbury, CT

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-22961

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** August 28, 1997
- **Citation:** 62 FR 45697

## Text

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-32 (Sub-No. 81X)]

Boston and Maine Corporation--Abandonment Exemption--in
Waterbury, CT

The Boston and Maine Corporation (B&M) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances to abandon an approximately 0.47-mile line railroad on
the Waterbury Industrial Track between milepost 0.52 and milepost 0.99,
in Waterbury, CT. The line traverses United States Postal Service Zip
Code 06722.
B&M has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) overhead traffic has been rerouted over
other lines; (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
reports), 49 CFR 1105.8 (historic reports), 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 September 27, 1997, 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 September 8, 1997. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by September 17, 1997, with: Surface Transportation Board, Office of
the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC
20423.
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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 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\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $900. See 49 CFR
1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
applicant's representative: John R. Nadolny, Esq., General Counsel, Law
Department, Boston and Maine Corporation, Iron Horse Park, No.
Billerica, MA 01862.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
B&M has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by September 2, 1997. Interested persons
may obtain a copy of the EA by writing to SEA (Room 500, Surface
Transportation Board, Washington, DC 20423) or by calling SEA, at (202)
565-1545. 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 August 28, 1998, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.

Decided: August 21, 1997.

By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-22961 Filed 8-27-97; 8:45 am]
BILLING CODE 4915-00-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-22961. Public record. Not legal advice.