Boston and Maine CorporationAbandonment Exemptionin Middlesex County, MA and Springfield Terminal Railway CompanyDiscontinuance of Service Exemptionin Middlesex County, MA

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket Nos. AB-32 (Sub-No. 86X) and AB-355 (Sub-No. 24X)]

Boston and Maine Corporation--Abandonment Exemption--in Middlesex

County, MA and Springfield Terminal Railway Company--Discontinuance of

Service Exemption--in Middlesex County, MA

Boston & Maine Corporation (B&M) and Springfield Terminal Railway

Company (ST) have filed a notice of exemption under 49 CFR Part 1152

Subpart F--Exempt Abandonments and Discontinuances for B&M to abandon

and ST to discontinue service over a 1.82-mile line of railroad known

as the Watertown Branch from milepost 5.85 (Engineering Station 87+90)

to milepost 7.67 (Engineering Station 184+25) in Middlesex County, MA.

The line traverses United States Postal Service Zip Code

02172.1

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\1\ On May 1, 1998, B&M informed the Board of the actual

mileposts in addition to the Engineering Stations identified in its

verified notice.

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B&M and ST have certified that: (1) No local traffic has moved over

the line for at least 2 years; (2) any 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 June 13,

1998, 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

May 26, 1998. Petitions to reopen or requests for public use conditions

under 49 CFR 1152.28 must be filed by June 3, 1998, with: Surface

Transportation Board, Office of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423.

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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 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.

\3\ Each offer of financial assistance must be accompanied by

the filing fee, which currently is set at $1,000. 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 representative: John R. Nadolny, Esq., Boston and Maine

Corporation, Law Department, Iron Horse Park, North Billerica, MA

01862.

If the verified notice contains false or misleading information,

the exemption is void ab initio.

B&M and ST have filed an environmental report which addresses the

effects of the abandonment and discontinuance, if any, on the

environment and historic resources. The Section of Environmental

Analysis (SEA) will issue an environmental assessment (EA) by May 19,

1998. 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 May 14, 1999, and there are no legal or regulatory

barriers to consummation, the authority to abandon will automatically

expire.

Decided: May 6, 1998.

[[Page 26843]]

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98-12696 Filed 5-13-98; 8:45 am]

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