[Federal Register: November 4, 2003 (Volume 68, Number 213)]
[Notices]
[Page 62497-62498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no03-110]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-254 (Sub-No. 7X)]
Providence and Worcester Railroad Company--Abandonment
Exemption--in Worcester County, MA, and Windham County, CT
Providence and Worcester Railroad Company (P&W) has filed a notice
of exemption under 49 CFR 1152 subpart F--Exempt Abandonments to
abandon a portion of its line of railroad known as the Southbridge
Running Track, extending from milepost 0.18, in Webster, MA, to
milepost 10.98, in Southbridge, MA, a distance of approximately 10.8
miles, in Worcester County, MA, and Windham County, CT. The line
traverses United States Postal Service Zip Codes 01550, 01570, 01571,
and 06277.\1\
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\1\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Board at least 50 days before the
abandonment or discontinuance is to be consummated. The applicant
initially indicated a proposed consummation date of December 3,
2003, but because the verified notice was filed on October 15, 2003,
consummation may not take place prior to December 4, 2003. By
facsimile filed on October 22, 2003, applicant's representative
confirmed that the consummation date will be after December 4, 2003.
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P&W certified that: (1) No local traffic has moved over the line
for at least 2
[[Page 62498]]
years; (2) there is no overhead traffic to be rerouted; (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 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 December
4, 2003, 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 November 14, 2003.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by November 24, 2003, with: Surface
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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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 (SEA) 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 OFA must be accompanied by the filing fee, which
currently is set at $1,100. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to P&W's
representative: Amy Silverstein, Assistant General Counsel, 75 Hammond
Street, Worcester, MA 01610.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
P&W has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. SEA will issue an environmental assessment (EA) by November
7, 2003. Interested persons may obtain a copy of the EA by writing to
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001)
or by calling SEA, at (202) 565-1539. [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), P&W 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 P&W's filing of a notice of
consummation by November 4, 2004, 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 http://www.stb.dot.gov
.
Decided: October 28, 2003.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-27645 Filed 11-3-03; 8:45 am]
BILLING CODE 4915-00-P