Boston and Maine Corp.Abandonment Exemptionin New Haven County, CT

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-32 (Sub-No. 84X)]

Boston and Maine Corp.--Abandonment Exemption--in New Haven

County, CT

Boston & Maine Corporation (B&M) has filed a notice of exemption

under 49 CFR part 1152 subpart F--Exempt Abandonments and

Discontinuances to abandon an approximately 0.48-mile line of railroad

on the Watertown Industrial Track between Engineering Station 19+50

(approximately milepost 0.94) and Engineering Station 44+66

(approximately milepost 1.42) in Waterbury, New Haven County, CT. The

line traverses United States Postal Service Zip code 06701.

B&M has 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 July 3,

1998, 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 June

15, 1998. Petitions to reopen or requests for public use conditions

under 49 CFR 1152.28 must be filed by June 23, 1998, with: Surface

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

K Street, NW., 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 $1000. 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., Boston and Maine

Corporation, Law

[[Page 30288]]

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 has 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 June 8, 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 June 3, 1999, 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 website at

``WWW.STB.DOT.GOV.''

Decided: May 22, 1998.

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

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98-14268 Filed 6-2-98; 8:45 am]

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