[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]
[Page 64703-64704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-172]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-268 (Sub-No. 16X) and STB Docket No. AB-355 (Sub-No.
34X)]
Portland Terminal Company--Abandonment Exemption--in Cumberland
County, ME; and Springfield Terminal Railway Company--Discontinuance of
Service Exemption--in Cumberland County, ME
Portland Terminal Company (PT) and Springfield Terminal Railway
Company (ST) (collectively, applicants) have jointly filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances of Service for PT to abandon, and for ST to discontinue
service over, approximately 1.3 miles of railroad known as the Mountain
Branch in Westbrook, ME, extending from milepost 6.0 to milepost 7.3 in
Cumberland County, ME. The line traverses United States Postal Service
[[Page 64704]]
Zip Code 04092, and includes no stations.
PT and ST have certified that: (1) No local traffic has moved over
the line for at least 2 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 the 2-year
period; and (4) the requirements of 49 CFR 1105.7 (environmental
report), 49 CFR 1105.8 (historic 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 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, these exemptions will be
effective on December 18, 2007, 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
November 26, 2007. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by December 6, 2007,
with: 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
Section of Environmental Analysis (SEA) in its independent
investigation) cannot be made before the exemptions' 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 exemptions'
effective date.
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,300. 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: Michael Q. Geary, Iron Horse Park, North
Billerica, MA 01862.
If the verified notice contains false or misleading information,
the exemptions are void ab initio.
PT and ST have filed an environmental and historic report which
addresses the effects, if any, of the abandonment and discontinuance on
the environment and historic resources. SEA will issue an environmental
assessment (EA) by November 23, 2007. Interested persons may obtain a
copy of the EA by writing to SEA (Room 1100, Surface Transportation
Board, Washington, DC 20423-0001) or by calling SEA, 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), PT 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 PT's filing of a notice of consummation by
November 16, 2008, 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: November 7, 2007.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-22153 Filed 11-15-07; 8:45 am]
BILLING CODE 4915-01-P