[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31222-31223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15592]
-----------------------------------------------------------------------1
---------------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803, which was enacted on December 29, 1995, and took effect
on January 1, 1996, abolished the Interstate Commerce Commission and
transferred certain functions to the Surface Transportation Board
(Board). This notice relates to functions that are subject to the
Board's jurisdiction pursuant to 49 U.S.C. 10903.
---------------------------------------------------------------------------
[STB Docket No. AB-3 (Sub-No. 135X)]
Missouri Pacific Railroad Company--Abandonment Exemption--in
Henry County, MO
[STB Docket No. 456 (Sub-No. 2X)]
Missouri and Northern Arkansas Railroad--Discontinuance of Service
Exemption--in Henry County, MO
Missouri Pacific Railroad Company (MP) and Missouri and Northern
Arkansas Railroad (MNA) have filed a notice of exemption under 49 CFR
1152 Subpart F--Exempt Abandonments and Discontinuances for MP to
abandon and MNA to discontinue service over approximately 2.65 miles of
the FPE Spur-North Clinton Line (portion of the Clinton Branch) from
milepost 262.6 at the end of the line near FPE Spur to milepost 265.25
near North Clinton, in Henry County, MO.2
---------------------------------------------------------------------------
\2\ The Board vacated a shorter segment previously sought in a
joint exemption filed by MP and MNA, See Missouri Pacific Railroad
Company--Abandonment Exemption--in Henry County, MO, STB Docket No.
AB-3--Sub-No. 128X), et al. (ICC served Feb. 6, 1996).
---------------------------------------------------------------------------
MP and MNA certify that: (1) no local traffic has moved over the
line for at least 2 years; (2) there is no overhead traffic to be
rerouted from 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 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. 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 19, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,3
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR
1152.29 5 must be filed by July 1, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by July 9, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
---------------------------------------------------------------------------
\3\ 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.
\4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\ The Board 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.
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
applicant's representative: Joseph D. Anthofer, General Attorney,
Missouri Pacific Railroad Company, 1416 Dodge Street, Room 830, Omaha,
NE 68179; and Henry W. Weller, General Manager, Missouri and Northern
Arkansas Railroad, 514 Orner Street, P.O. Box 776, Carthage, MO 64836.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
MP and MNA have filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by June 24, 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
becomes 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: June 11, 1996.
[[Page 31223]]
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-15592 Filed 6-18-96; 8:45 am]
BILLING CODE 4915-00-P
