Missouri Pacific Railroad CompanyAbandonment Exemptionin Henry County, MO

[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31222-31223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15592]



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DEPARTMENT OF TRANSPORTATION
    \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.
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[STB Docket No. AB-3 (Sub-No. 135X)]


Missouri Pacific Railroad Company--Abandonment Exemption--in 
Henry County, MO

[STB Docket No. 456 (Sub-No. 2X)]
    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 approximately 2.65 miles of 
the FPE Spur-North Clinton Line (portion of the Clinton Branch) from 
milepost 262.6 at the end of the line near FPE Spur to milepost 265.25 
near North Clinton, in Henry County, MO.2
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    \2\ The Board vacated a shorter segment previously sought in a 
joint exemption filed by MP and MNA, See Missouri Pacific Railroad 
Company--Abandonment Exemption--in Henry County, MO, STB Docket No. 
AB-3--Sub-No. 128X), et al. (ICC served Feb. 6, 1996).
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    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 to be 
rerouted from 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 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) 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 July 19, 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 July 1, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by July 9, 1996, with: Office of the Secretary, Case Control Branch, 
Surface Transportation Board, 1201 Constitution Avenue, N.W., 
Washington, DC 20423.
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    \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.
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    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; and Henry W. Weller, General Manager, Missouri and Northern 
Arkansas Railroad, 514 Orner Street, P.O. Box 776, Carthage, MO 64836.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    MP and MNA have 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 June 24, 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: June 11, 1996.


[[Page 31223]]


    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-15592 Filed 6-18-96; 8:45 am]
BILLING CODE 4915-00-P