[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Notices]
[Pages 27121-27122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12693]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-103 (Sub-No. 13X)]
The Kansas City Southern Railway Company--Abandonment Exemption--
in Webster Parish, LA
The Kansas City Southern Railway Company (KCS) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 1.70-mile line of its railroad between milepost 46.78 at the
Arkansas-Louisiana State Line and milepost 48.48 approximately 200 feet
south of Vine Street in Springhill, Webster Parish, LA. The line
traverses United States Postal Service Zip Code 71075.
KCS 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 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 and 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. 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 June 14, 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 May 26, 1998. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by June 4, 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: Thomas F. McFarland, Jr., McFarland &
Herman, 20 North Wacker Drive, Suite, 1330, Chicago, IL 60606-2902.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
KCS has filed an environmental report which addresses the effects,
if any, of the abandonment and discontinuance on the environment and
historic resources. The Section of Environmental Analysis (SEA) will
issue an environmental assessment (EA) by May 20, 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.
Environmental, historic preservation, public use, or trail use/rail
banking
[[Page 27122]]
conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), KCS 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 KCS's filing of a notice of
consummation by May 15, 1999, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Decided: May 6, 1998.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-12693 Filed 5-14-98; 8:45 am]
BILLING CODE 4915-00-P
