[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41825-41826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20479]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board \1\
[Docket No. AB-3 (Sub-No. 132X)] \2\
Missouri Pacific Railroad Company--Abandonment Exemption--
Whitewater-Newton Line in Butler and Harvey Counties, KS
Missouri Pacific Railroad Company (MPRR) has filed a notice of
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments and
Discontinuances to abandon a 9.0-mile portion of the Newton-Whitewater
line (portion of McPherson Branch) from milepost 476.0 near Whitewater
to milepost 485.0 near Newton, in Butler and Harvey Counties, KS.3
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\1\ The ICC Termination Act of 1995, Pub. L. 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 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 the Board's jurisdiction pursuant to 49 U.S.C. 10903.
Therefore, this notice applies the law in effect prior to the Act,
except that petitions to revoke would be filed under the new law at
49 U.S.C. 10502(d).
\2\ This exemption is related to Finance Docket No. 32760, Union
Pacific Corporation, Union Pacific Railroad Company, and Missouri
Pacific Railroad Company--Control and Merger--Southern Pacific Rail
Corporation, Southern Pacific Transportation Company, St. Louis
Southwestern Railway Company, SPCSL Corp., and The Denver and Rio
Grande Western Railroad Company.
\3\ MPRR states that the abandonment does not include active
industries at Whitewater or Newton, KS. MPRR also states that it
intends to consummate the abandonment on or after the effective date
of the Board's approval in Finance Docket 32760.
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MPRR has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) overhead traffic can be rerouted over
other rail lines; (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
[[Page 41826]]
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. The notice
is subject to environmental conditions as set forth in Appendix G in
Decision No. 44, served on August 12, 1996, in Finance Docket No.
32760.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on September 11, 1996, unless stayed pending reconsideration.
Petitions to stay, 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 August 22, 1996. Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by September 3, 1996, with: Office of the Secretary, Case
Control Branch, Surface Transportation Board, 1201 Constitution Avenue,
N.W., Washington, DC 20423.
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\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.
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A copy of any petition filed with the Board should be sent to
applicant's representative: Robert T. Opal, General Attorney, 1416
Dodge Street, Room 830, Omaha, NE 68179.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
Public use or trail use/rail banking conditions will be imposed,
where appropriate, in a subsequent decision.
Decided: August 6, 1996.
By the Board, Chairman Morgan, Vice Chairman Simmons, and
Commissioner Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-20479 Filed 8-9-96; 8:45 am]
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