94-1768. Maine Central Railroad Company; Abandonment Exemption; in Coos and Carroll Counties, NH  

  • [Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-1768]
    
    
    [[Page Unknown]]
    
    [Federal Register: January 27, 1994]
    
    
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    INTERSTATE COMMERCE COMMISSION
    [Docket No. AB-83 (Sub-No. 13X)]
    
     
    
    Maine Central Railroad Company; Abandonment Exemption; in Coos 
    and Carroll Counties, NH
    
        Maine Central Railroad Company (MEC) has filed a notice of 
    exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to 
    abandon two segments of its Mountain Division line (1) between milepost 
    51.11, near Conway, and milepost 67.00, near Bartlett and (2) between 
    milepost 90.00, near Carroll, and milepost 103.16, near Whitefield, a 
    distance of 29.05 miles, in Coos and Carroll Counties, NH.1
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        \1\ Abandonment and discontinuance of the line segment between 
    mileposts 67.00 and milepost 90.00, was exempted in Maine Central R. 
    Co. and Springfield Terminal Ry. Co.--Aband. and Discon. Exempt.--In 
    Carroll and Coos Counties, NH, AB-83 (Sub-No. 11X) (ICC served June 
    6, 1991).
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        MEC has certified that: (1) no local traffic has moved over the 
    line for at least 2 years; (2) overhead traffic, if any, which 
    previously moved over the line has been rerouted over other lines; (3) 
    no formal complaint filed by a user of rail service on the line (or 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) the requirements 
    at 49 CFR 1105.7 (environmental reports), 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 the use of this exemption, any employee 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. 10505(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 February 26, 1994, 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 
    1152.294 must be filed by February 7, 1994. Petitions to reopen or 
    requests for public use conditions under 49 CFR 1152.28 must be filed 
    by February 16, 1994, with: Office of the Secretary, Case Control 
    Branch, Interstate Commerce Commission, Washington, DC 20423.
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        \2\A stay will be issued routinely by the Commission in those 
    proceedings where an informed decision on environmental issues 
    (whether raised by a party or by the Commission's Section of Energy 
    and Environment in its independent investigation) cannot be made 
    prior to the effective date of the notice of exemption. See 
    Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
    entity seeking a stay on environmental concerns is encouraged to 
    file its request as soon as possible in order to permit the 
    Commission to review and act on the request before the effective 
    date of this exemption.
        \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
    I.C.C.2d 164 (1987).
        \4\The Commission will accept a late-filed trail use request as 
    long as it retains jurisdiction to do so.
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        A copy of any petition filed with the Commission should be sent to 
    applicant's representative: Kevin J. O'Connell, Iron Horse Park, North 
    Billerica, MA 01862.
        If the notice of exemption contains false or misleading 
    information, the exemption is void ab initio.
        MEC has filed an environmental report which addresses the 
    abandonment's effects, if any, on the environment and historic 
    resources. The Section of Energy and Environment (SEE) will issue an 
    environmental assessment (EA) by February 1, 1994. Interested persons 
    may obtain a copy of the EA by writing to SEE (room 3219, Interstate 
    Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser, 
    Chief of SEE, at (202) 927-6248. Comments on environmental and historic 
    preservation matters must be filed within 15 days after the EA is 
    available to the public.
        Environmental, historic preservation, public use, or trail use/rail 
    banking conditions will be imposed, where appropriate, in a subsequent 
    decision.
    
        Decided: January 21, 1994.
    
        By the Commission, David M. Konschnik, Director, Office of 
    Proceedings.
    Sidney L. Strickland, Jr.,
    Secretary.
    [FR Doc. 94-1768 Filed 1-26-94; 8:45 am]
    BILLING CODE 7035-01-P
    
    
    

Document Information

Published:
01/27/1994
Department:
Interstate Commerce Commission
Entry Type:
Uncategorized Document
Document Number:
94-1768
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: January 27, 1994, Docket No. AB-83 (Sub-No. 13X)