[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Notices]
[Pages 2572-2573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1333]
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DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions and proceedings
to the Surface Transportation Board (Board). Section 204(b)(1) of
the Act provides, in general, that proceedings pending before the
ICC on the effective date of that legislation shall be decided under
the law in effect prior to January 1, 1996, insofar as they involve
functions retained by the Act. This notice relates to a proceeding
that was pending with the ICC prior to January 1, 1996, and to
functions that are subject to Board jurisdiction pursuant to 49
U.S.C. 10903. Therefore, this notice applies the law in effect prior
to the Act, and citations are to the former sections of the statute,
unless otherwise indicated.
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[Docket No. AB-3 (Sub-No. 128X)]; [Docket No. AB-456 (Sub-No. 1X)]
Missouri Pacific Railroad Company--Abandonment Exemption-- in
Henry County, MO and 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 a segment of MP's Clinton
Branch line (known as the FPE Spur-Clinton line) extending between
milepost 262.6 at the end of the line near FPE Spur and milepost 267.0
near Clinton, a distance of approximately 4.4 miles in Henry County,
MO.
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; (3) no
formal complaint filed by a user of rail service on this line (or 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 any U.S. District Court or has been decided in favor of the
complainant within the 2-year period; and (4) the requirements at 49
CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic 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 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) [formerly 10505(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 February 25, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,2
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),3 and trail use/rail banking statements under 49 CFR
1152.29 must be filed by February 5, 1996.4 Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by February 15, 1996, with: Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Avenue, NW,
Washington, DC 20423.
\2\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board 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 stay should be filed as soon as
possible so that the Board may take appropriate action before the
exemption's effective date.
\3\ See Exempt. of Rail Abandonment--Offers of Finan. Assist.,
4 I.C.C.2d 164 (1987).
\4\ The Board will accept a late-filed trail use request so
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
applicants' representatives: Joseph D. Anthofer, Missouri Pacific
Railroad Company, 1416 Dodge Street #830, Omaha, NE 68179 and Henry E.
Weller, 514 N. Orner Street, P.O. Box 776, Carthage, MO 64836.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
MP and MNA have filed an environmental report which addresses the
effects of the abandonment and discontinuance, if any, on the
environment and historic resources. The Section of Environmental
Analysis (SEA) will issue an environmental assessment (EA) by January
31, 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 other trail
use/rail banking conditions will be imposed,
[[Page 2573]]
where appropriate, in a subsequent decision.
Decided: January 22, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1333 Filed 1-25-96; 8:45 am]
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