[Federal Register: August 11, 2005 (Volume 70, Number 154)]
[Notices]
[Page 46920-46921]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au05-146]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-103 (Sub-No. 19X)]
The Kansas City Southern Railway Company--Abandonment Exemption--
in Webster Parish, LA
The Kansas City Southern Railway Company (KCSR) has filed a notice
of exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon approximately 1.12 miles of railroad between milepost 48.48 and
milepost 49.60, in Springhill, Webster Parish, LA. The line traverses
United States Postal Service Zip Code 71075.
KCSR 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 Surface Transportation 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 of 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)(l) (notice
to governmental agencies) have been met.
As a condition to this exemption, any employees 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 September 10, 2005, 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
August 22, 2005. Petitions to reopen or requests for public use
conditions under 49 CFR 1152.28 must be filed by August 31, 2005, with:
Surface Transportation Board, 1925 K Street, NW., 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
Section of Environmental Analysis (SEA) 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.
\2\ Each OFA must be accompanied by the filing fee, which
currently is set at $1,200. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to
KCSR's representative: William A. Mullins, 2401 Pennsylvania Ave., NW.,
Suite 300, Washington, DC 20037.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
KCSR has filed environmental and historic reports which address the
effects, if any, of the abandonment on the environment and historic
resources. SEA will issue an environmental assessment (EA) by August
16, 2005. Interested persons may obtain a copy of the EA by writing to
SEA (Room 500, Surface Transportation Board, Washington, DC 20423-0001)
or by calling SEA, at (202) 565-1539. [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), KCSR shall file
a notice of
[[Page 46921]]
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 KCSR's filing of a notice of consummation by August
11, 2006, 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 http://www.stb.dot.gov
.
Decided: August 3, 2005.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-15703 Filed 8-10-05; 8:45 am]
BILLING CODE 4915-01-P