[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]
=======================================================================
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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