[Federal Register Volume 61, Number 4 (Friday, January 5, 1996)]
[Notices]
[Pages 414-415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-156]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-32 (Sub-No. 64X)]
Boston and Maine Corporation--Abandonment Exemption--Rensselaer
County, NY 1
Boston and Maine Corporation (B&M) has filed a verified notice
under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon the
5.04-mile Bennington Branch line between
[[Page 415]]
mileposts 0.00 and 5.04, in Hoosick, Rensselaer County, NY.
\1\ The notice of exemption published October 25, 1995 (60 FR
54706) did not provide adequate notice of the proposed abandonment
(the abandoning railroad was inadvertently identified as CSX
Transportation, Inc.). The defect in the notice prevented the
exemption from taking effect as originally scheduled. This notice
corrects the ministerial error.
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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 can be
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 complainant's favor within the last 2
years; and (4) the requirements at 49 CFR 1105.7 (environmental
report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 and
1152.50(d)(1) (notice to government agencies), and 49 CFR 1105.12
(newspaper publication) 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 employees
are adequately protected, a petition for partial revocation under 49
U.S.C. 10505(d) must be filed.
The exemption will be effective on February 4, 1996, unless stayed.
The State of Vermont filed a statement of intent to file an offer of
financial assistance (OFA) on November 17, 1995. Any OFAs, whether
filed by the State of Vermont or another entity, must be filed by
January 25, 1996.2 Petitions to stay that do not involve
environmental issues,3 any additional statements of intent to file
an OFA under 49 CFR 1152.27(c)(2),4 and trail use/rail banking
requests under 49 CFR 1152.29 5 must be filed by January 16, 1996.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by January 25, 1996. An original and 10 copies of
any such filing must be sent to the Office of the Secretary, Case
Control Branch, Interstate Commerce Commission, Washington, DC
20423.6 In addition, one copy must be served on John R. Nadolny,
Boston and Maine Corporation, Iron Horse Park, North Billerica, MA
01862.
\2\ On December 21, 1995, the State of Vermont filed a petition
seeking partial revocation to allow it time to file an OFA. In view
of the republication provided here, the petition is moot.
\3\ The Commission will grant a stay if an informed decision on
environmental issues raised by a party 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 Commission may take appropriate
action before the exemption's effective date.
\4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\ The Commission will accept late-filed trail use requests so
long as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
\6\ Legislation to sunset the Commission on December 31, 1995,
and transfer remaining functions is currently under consideration.
Until further notice, parties submitting pleadings should continue
to use the current name and address.
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If the verified notice contains false or misleading information,
the exemption is void ab initio.
B&M has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. An environmental assessment (EA) prepared by the
Commission's Section of Environmental Analysis (SEA) was made available
to the public on October 27, 1995. A copy of the EA may be obtained by
writing to SEA (Room 3219, Interstate Commerce Commission, Washington,
DC 20423) or by calling Elaine Kaiser at (202) 927-6248. Comments on
environmental and historic preservation matters must be filed by
January 22, 1995.
Environmental, public use, or trail use/rail banking conditions
will be imposed, where appropriate, in a subsequent decision.7
\7\ A decision was served on December 12, 1995, imposing
conditions addressing concerns expressed by the U.S. Fish and
Wildlife Service about the abandonment's effects on wetlands.
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Decided: December 29, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-156 Filed 1-4-96; 8:45 am]
BILLING CODE 7035-01-P
