[Federal Register Volume 59, Number 136 (Monday, July 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17357]


[[Page Unknown]]

[Federal Register: July 18, 1994]


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INTERSTATE COMMERCE COMMISSION

[Docket No. AB-103 (Sub-No. 7X)]

 

The Kansas City Southern Railway Company--Abandonment Exemption--
in LeFlore County, OK

    The Kansas City Southern Railway Company (KCS) has filed a notice 
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon an approximately 9.49-mile line of railroad extending between 
approximately milepost 27.56 F at the connection of the KCS main line 
in Poteau, OK, and milepost 37.05 F at Wister, OK, in LeFlore County, 
OK.\1\
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    \1\Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Commission at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant, 
in its verified notice, indicated a proposed consummation date of 
June 10, 1994. Because the verified notice was not filed until June 
27, 1994, however, consummation should not have been proposed to 
take place prior to August 16, 1994. Applicant's representative has 
been contacted and informed of the correct consummation date.
    The Rails to Trails Conservancy (Conservancy) supports and joins 
in the notice. It also supports issuance of a notice of interim 
trail use (NITU) for the line pursuant to section 8(d) of the 
National Trails System Act, 16 U.S.C. Sec. 1247(d). KCS and the City 
of Poteau, OK, also support the issuance of a NITU. The Commission 
will address the Conservancy's trail use request, and any others 
that may be filed, in a subsequent decision.
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    KCS 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 Commission or with 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 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. 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 August 17, 1994, 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 requests under 49 CFR 1152.29\4\ must be filed 
by July 28, 1994. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by August 8, 1994, with: 
Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, Washington, DC 20423.
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    \2\A stay will be issued routinely by the Commission in those 
proceedings where an informed decision on environmental issues 
(whether raised by a party or by the Commission's Section of Energy 
and Environment in its independent investigation) cannot be made 
prior to the effective date of the notice of exemption. See 
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
entity seeking a stay on environmental concerns is encouraged to 
file its request as soon as possible in order to permit this 
Commission to review and act on the request before the effective 
date of this exemption.
    \3\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \4\The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
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    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Jay M. Nadlman, 114 West Eleventh St., 
Kansas City, MO 64105.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    MP has 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 July 22, 1994. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 3219, Interstate 
Commerce Commission, 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 is 
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: July 12, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Sidney L. Strickland, Jr.,
Secretary.
[FR Doc. 94-17357 Filed 7-15-94; 8:45 am]
BILLING CODE 7035-01-P