[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3921]


[[Page Unknown]]

[Federal Register: February 22, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-32 (Sub-No. 66X)]

 

Boston and Maine Corp.--Discontinuance of Trackage Rights 
Exemption--in Middlesex County, MA

    Boston and Maine Corporation (B&M) has filed a notice of exemption 
under 49 CFR 1152 subpart F--Exempt Abandonments and Discontinuances of 
Trackage Rights to discontinue trackage rights over approximately 1.90 
miles of railroad owned by the Massachusetts Bay Transportation 
Authority (MBTA) on its ``Central Massachusetts Branch'' line, 
extending between milepost 8.30 and milepost 10.20, in Waltham, 
Middlesex County, MA.
    B&M has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic on the line 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 Commission or with any U.S. District 
Court or has been decided in favor of the complainant within the 2-year 
period; and (4) that the requirements at 49 CFR 1105.7 (service of 
environmental report on agencies); 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 use of this exemption, any employee adversely 
affected by the 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. 10505(d) must be filed.
    This exemption will be effective on March 24, 1994, unless stayed 
pending reconsideration. Petitions to stay must be filed by March 4, 
1994. Petitions to reopen must be filed by March 14, 1994, with: Office 
of the Secretary, Case Control Branch, Interstate Commerce Commission, 
Washington, DC 20423.1
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    \1\ Because MBTA will continue to provide service over the line, 
there is no need to provide for trail use/rail banking or public use 
conditions, or to include offer of financial assistance language, 
routinely provided for in abandonment proceedings.
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    A copy of any petition filed with the Commission should be sent to 
applicant's representative: John R. Nadolny, Esq., Vice President and 
General Counsel, Law Department, Boston and Maine Corporation, Iron 
Horse Park, No. Billerica, MA 01862.
    If this notice of exemption contains false or misleading 
information, the exemption is void ab initio.

    Decided: February 15, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-3921 Filed 2-18-94; 8:45 am]
BILLING CODE 7035-01-P