[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]



-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-32 (Sub-No. 64X)]


Boston and Maine Corporation--Abandonment Exemption--Rensselaer 
County, NY <SUP>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.
---------------------------------------------------------------------------

    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.<SUP>2 Petitions to stay that do not involve 
environmental issues,<SUP>3 any additional statements of intent to file 
an OFA under 49 CFR 1152.27(c)(2),<SUP>4 and trail use/rail banking 
requests under 49 CFR 1152.29 <SUP>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.<SUP>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.
---------------------------------------------------------------------------

    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.<SUP>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.
---------------------------------------------------------------------------

    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