[Federal Register Volume 61, Number 171 (Tuesday, September 3, 1996)]
[Notices]
[Page 46506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22455]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1
[STB Docket No. AB-3 (Sub-No. 138X]
Missouri Pacific Railroad Company--Abandonment and Discontinuance
Exemption--in Douglas County, NE
Missouri Pacific Railroad Company (MP) has filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances of Trackage Rights over approximately 0.61-mile portion
of the Omaha Belt Line from milepost 485.55 to the end of the line at
milepost 486.16, near Omaha, in Douglas County, NE.2
---------------------------------------------------------------------------
\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.
\2\ The Douglas County Environmental Services (County) filed a
request for an issuance of a notice of interim trail use (NITU) for
the line pursuant to section 8(d) of the National Trails System Act,
16 U.S.C. 1247(d). The Board will address the County's trail use
request, and any others that may be filed, in a subsequent decision.
---------------------------------------------------------------------------
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
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 October 3, 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 September 13, 1996. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by September 23, 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.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
MP 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 September 6, 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: August 28, 1996.
By the Board, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-22455 Filed 8-30-96; 8:45 am]
BILLING CODE 4915-00-P
