[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Notices]
[Page 45492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21638]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-3 (Sub-No. 126X)]
Missouri Pacific Railroad Co.; Abandonment Exemption; Caddo
Parish, LA
Missouri Pacific Railroad Company (MP) has filed a verified notice
under 49 CFR Part 1152 Subpart F; Exempt Abandonments to abandon a
portion of the Good Roads Lead from milepost 8.68 to the end of the
line at milepost 9.4 near Shreveport, a distance of approximately 0.72-
miles in Caddo Parish, LA.
MP 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
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 (transmittal letter), and 1152.50(d)(1) (notice
to government agencies), and 49 CFR 1105.12 (newspaper publication)
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
employees are adequately protected, a petition for partial revocation
under 49 U.S.C. 10505(d) must be filed.
This exemption will be effective September 30, 1995, unless stayed
or a statement of intent to file an offer of financial assistance (OFA)
is filed. Petitions to stay that do not involve environmental
issues,1 statements 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 September 11, 1995. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by September 20, 1995. 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. In
addition, one copy must be served on Joseph D. Anthofer, 1416 Dodge
Street #830, Omaha, NE 68179.
\1\ The Commission will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Commission
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 Commission may take appropriate
action before the exemption's effective date.
\2\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\ 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.
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If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
CSXT has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Commission's Section of Environmental Analysis (SEA)
will issue an environmental assessment (EA) by September 5, 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 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: August 25, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-21638 Filed 8-30-95; 8:45 am]
BILLING CODE 7035-01-P
