[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
