Federal Register, Volume 63 Issue 126 (Wednesday, July 1, 1998)

[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Notices]
[Pages 36033-36034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17505]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-83 (Sub-No. 16X]


Maine Central Railroad Company--Abandonment Exemption--in 
Androscoggin County, ME

    Maine Central Railroad Company (MeC) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances to abandon an approximately 18.97-mile line of its 
railroad on the Lewiston Industrial Track between Engineering Station 
0+00 (approximately milepost 0.00) and Engineering Station 1001+81.6 
(approximately milepost 18.97), in Androscoggin County, ME. The line 
traverses United States Postal Service Zip Codes 04011, 04086, 04210, 
04240, 04250, 04251 and 04252.
    MeC has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic moving over 
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 at 49 CFR 1105.7 (environmental 
reports), 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 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 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, this exemption will be effective on July 31, 
1998, 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 July 
13, 1998. Petitions to reopen or requests for public use conditions 
under 49 CFR 1152.28 must be filed by July 21, 1998, with: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423.
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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 in its independent investigation) 
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 Board may 
take appropriate action before the exemption's effective date.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: John R. Nadolny, Maine Central Railroad 
Company, Law Department, Iron Horse Park, North Billerica, MA.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    MeC has filed an environmental report which addresses the effects 
of the abandonment and discontinuance, if any, on the environment and 
historic resources. The Section of Environmental Analysis (SEA) will 
issue an environmental assessment (EA) by July 6, 1998. Interested 
persons may obtain a copy of the EA by writing to SEA (Room 500, 
Surface Transportation Board, Washington, DC 20423) or by calling SEA, 
at (202) 565-1545. Comments on environmental and historic preservation 
matters must be filed within 15 days after the EA becomes available to 
the public.

[[Page 36034]]

    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), MeC 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 MeC's filing of a notice of 
consummation by July 1, 1999, 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 website at 
``WWW.STB.DOT.GOV.''

    Decided: June 24, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-17505 Filed 6-30-98; 8:45 am]
BILLING CODE 4915-00-P