[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34428-34429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13534]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 1068 (Sub-No. 1X); Docket No. AB 1070; (Sub-No. 1X)]
Missouri Central Railroad Company--Abandonment Exemption--in
Cass, Henry, Johnson, and Pettis Counties, MO; Central Midland Railway
Company--Discontinuance of Service Exemption--in Cass, Henry, Johnson,
and Pettis Counties, MO
Missouri Central Railroad Company (MCRR) and Central Midland
Railway Company (CMR) (collectively, applicants) have jointly filed a
verified notice of exemption under 49 CFR part 1152 subpart F--Exempt
Abandonments and Discontinuances of Service for MCRR to abandon, and
for CMR to discontinue service over, approximately 42 miles of rail
line between milepost 257.283 near Wingate, in Cass County, Mo., and
milepost 215.325 near Windsor, in Pettis County, Mo. The line traverses
United States Postal Service Zip Codes 64040, 64061, 64080, 64726,
64733, 64761, and 65360.
Applicants have 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(c) (environmental
report), 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 these exemptions, any employee adversely affected
by the abandonment or discontinuance shall be protected under Oregon
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville Counties, Idaho, 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, these exemptions will be
effective on July 9, 2013, 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 June 17, 2013. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by June 27, 2013, with
the Surface Transportation Board, 395 E Street, SW., Washington, DC
20423-0001.
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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
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. 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 OFA must be accompanied by the filing fee, which is
currently set at $1,600. See 49 CFR 1002.2 (f)(25).
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A copy of any petition filed with the Board should be sent to
applicants' representatives: Sandra L. Brown, 1919 M St. NW., Suite
700, Washington, DC 20036, and Lon Van Gemert, 21778 Highview Ave.,
Lakeville, MN 55044.
If the verified notice contains false or misleading information,
the exemptions are void ab initio.
Applicants have filed a combined environmental and historic report
which addresses the effects, if any, of the abandonment and
discontinuance on the environment and historic resources. OEA will
issue an environmental assessment (EA) by June 14, 2013. Interested
persons may obtain a copy of the EA by writing to OEA (Room 1100,
Surface Transportation Board, Washington, DC 20423-0001) or by calling
OEA at (202) 245-0305. Assistance for the hearing impaired is available
through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
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), MCRR 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 MCRR's filing of a notice of
consummation by June 7, 2014, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.
Board decisions and notices are available on our Web site at
``www.stb.dot.gov.''
Decided: June 3, 2013.
[[Page 34429]]
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-13534 Filed 6-6-13; 8:45 am]
BILLING CODE 4915-01-P