# Bangor & Aroostook Railroad CompanyAbandonment Exemption in Aroostook County, ME

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-27026

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** October 10, 1997
- **Citation:** 62 FR 53057

## Text

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-77 (Sub-No. 10X)]

Bangor & Aroostook Railroad Company--Abandonment Exemption-- in
Aroostook County, ME

Bangor & Aroostook Railroad Company (Applicant) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 5.66-mile line of railroad on the Fort Fairfield Branch from
milepost F-13.00 to the end of the branch at milepost F-18.66, in the
Town of Fort Fairfield, in Aroostook County, ME. The line traverses
United States Postal Service Zip Code 04742.
Applicant has certified that: (1) No local traffic has moved over
the line for at least 2 years; (2) there is no overhead traffic moving
over 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
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 November
9, 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 October
20, 1997. Petitions to reopen or requests for public use conditions
under 49 CFR 1152.28 must be filed by October 30, 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: Sebastian Ferrer, Esquire, Gollatz, Griffin
& Ewing, P.C., 213 W. Miner Street, P. O. Box 796, West Chester, PA
19381-0796.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Applicant 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 October 15, 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), Applicant 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 Applicant's filing of a notice of
consummation by October 10, 1998, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.

Decided: October 6, 1997.

By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-27026 Filed 10-9-97; 8:45 am]
BILLING CODE 4915-00-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-27026. Public record. Not legal advice.