[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Notices]
[Page 30667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14587]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-103 (Sub-No. 11X)]
The Kansas City Southern Railway Company--Abandonment Exemption--
in Hempstead, Lafayette and Columbia Counties, AR
The Kansas City Southern Railway Company (KCS) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 42.78-mile line of railroad between milepost 4.00 at or near
Hope, and milepost 46.78 at the Arkansas-Louisiana State Line, in
Hempstead, Lafayette and Columbia Counties, AR. The line traverses
United States Postal Service Zip Codes 71860 and 71861.
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 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 4, 1997, 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 3 must be filed by June 16, 1997. Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by June 24, 1997, 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 $900. See 49 CFR
1002.2(f)(25).
\3\ The Board will accept late-filed trail use requests as long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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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 and
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
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 9, 1997. 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 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 June 4, 1998, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Decided: May 28, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-14587 Filed 6-3-97; 8:45 am]
BILLING CODE 4915-00-P
