82 FR 8970 - Boston & Maine Corporation-Abandonment Exemption-in Merrimack County, N.H. and Springfield Terminal Railway Company-Discontinuance of Service Exemption-in Merrimack County, N.H.

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 20 (February 1, 2017)

[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Notices]
[Pages 8970-8971]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02115]


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SURFACE TRANSPORTATION BOARD

[Docket No. AB 32 (Sub-No. 107X) and Docket No. AB 355 (Sub-No. 43X)]


Boston & Maine Corporation--Abandonment Exemption--in Merrimack 
County, N.H. and Springfield Terminal Railway Company--Discontinuance 
of Service Exemption--in Merrimack County, N.H.

    Boston & Maine Corporation (B&M) and Springfield Terminal Railway 
Company (ST) (collectively, applicants), have jointly filed a verified 
notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service for B&M to abandon, and for 
ST to discontinue service over, an approximately 6.36-mile line of 
railroad known as the Northern Main Line of the Northern Railroad in 
Merrimack County, N.H. (the Line). The Line traverses Concord, N.H. and 
Boscowen, N.H., between mileposts 74.32 and 80.68, and United States 
Postal Service Zip Codes 03301 and 03303.
    Applicants have 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 with the Surface Transportation Board (Board) or with any U.S. 
District Court or has been decided in favor of complainant within

[[Page 8971]]

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 these exemptions, any employee adversely affected 
by the abandonment or 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) has been received, these exemptions will be 
effective on March 3, 2017, 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 
February 13, 2017. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by February 21, 2017, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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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 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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 OFA must be accompanied by the filing fee, which is 
currently set at $1,700. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicants' representative: Robert B. Burns, Pan Am Railways, Iron 
Horse Park, North Billerica, MA 01862.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment and 
discontinuance on the environment and historic resources. OEA will 
issue an environmental assessment (EA) by February 6, 2017. Interested 
persons may obtain a copy of the EA by writing to OEA (Room 1100, 
Surface Transportation Board, Washington, DC 20423-0001) or by calling 
OEA at (202) 245-0305. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339. 
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 February 1, 2018, 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 Web site at 
``WWW.STB.GOV.''

    Decided: January 27, 2017.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-02115 Filed 1-31-17; 8:45 am]
 BILLING CODE 4915-01-P