80 FR 10566 - Boston and Maine Corporation-Discontinuance of Service Exemption-in Essex County, Mass

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 38 (February 26, 2015)

[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Page 10566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04106]



[[Page 10566]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 32 (Sub-No. 106X)]


Boston and Maine Corporation--Discontinuance of Service 
Exemption--in Essex County, Mass

    Boston and Maine Corporation (B&M) filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over approximately 
1.4 miles of railroad line in Essex County, Mass. (the Line). The Line, 
known as the Manchester and Lawrence Branch, extends between mileposts 
0.00 and 1.4 and traverses United States Postal Service Zip Code 01840.
    B&M has certified that: (1) No local traffic has moved over the 
Line for at least two 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 
before the Surface Transportation Board or any U.S. District Court or 
has been decided in favor of a complainant within the two-year period; 
and (4) the requirements at 49 CFR 1105.7(c) (environmental 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 discontinuance 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) to subsidize continued rail service has been 
received, this exemption will become effective on March 28, 2015 (50 
days after the filing of the exemption), unless stayed pending 
reconsideration. Petitions to stay that do not involve environmental 
issues and formal expressions of intent to file an OFA to subsidize 
continued rail service under 49 CFR 1152.27(c)(2) \1\ must be filed by 
March 9, 2015.\2\ Petitions to reopen must be filed by March 18, 2015, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \1\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \2\ Because this is a discontinuance proceeding and not an 
abandonment, interim trail use/rail banking and public use 
conditions are not appropriate.
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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., Pan Am Railways, 1700 Iron Horse 
Park, Billerica, MA 01862.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: February 23, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-04106 Filed 2-25-15; 8:45 am]
BILLING CODE 4915-01-P