[Federal Register Volume 61, Number 17 (Thursday, January 25, 1996)]
[Notices]
[Page 2330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1228]
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DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions and proceedings
to the Surface Transportation Board (Board). Section 204(b)(1) of
the Act provides, in general, that proceedings pending before the
ICC on the effective date of that legislation shall be decided under
the law in effect prior to January 1, 1996, insofar as they involve
functions retained by the Act. This notice relates to a proceeding
that was pending with the ICC prior to January 1, 1996, and to
functions that are subject to Board jurisdiction pursuant to 49
U.S.C. 10903. Therefore, this notice applies the law in effect prior
to the Act, and citations are to the former sections of the statute,
unless otherwise indicated.
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[Docket No. AB-3 (Sub-No. 127X)]
Missouri Pacific Railroad Company--Abandonment Exemption--in
Muskogee County, OK
Missouri Pacific Railroad Company (MPRR) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon a portion of the former Oklahoma Subdivision near Muskogee from
milepost 128.6 to the end of the line at milepost 129.5, a distance of
approximately 0.9-mile in Muskogee County, OK.
MPRR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic on 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 Board 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 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 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) (now 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 February 24, 1996, 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
1152.29 4 must be filed by February 5, 1996. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by February 14, 1996, with: Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Ave., N.W.,
Washington, DC 20423.
\2\ A stay will be issued routinely by the Board in those
proceedings where 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 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 Board 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 Board 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 pleading filed with the Board should be sent to
applicant's representative: Joseph D. Anthofer, 1416 Dodge Street, Room
830, Omaha, NE 68179.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
MPRR has filed an environmental report which addresses the
abandonment's effects, if any, on the environmental and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by January 30, 1996. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Surface
Transportation Board, Washington, DC 20423) or by calling Elaine
Kaiser, Chief of SEA, 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 19, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1228 Filed 1-24-96; 8:45 am]
BILLING CODE 4915-00-P
