[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31449]


[[Page Unknown]]

[Federal Register: December 22, 1994]


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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-103 (Sub-No. 10X)]

 

Kansas City Southern Railway Company--Abandonment Exemption--In 
Jackson County, MO

    Kansas City Southern Railway Company (KCS) has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
approximately 1.42 miles of rail line, known as the Independence Air 
Line Branch, in Kansas City and Independence, in Jackson County, MO. 
The trackage is from the west line of Kentucky Avenue at milepost 6.93E 
to the end at milepost 8.35E.1
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    \1\The City of Independence (City) owns and maintains a power 
transmission line along the tracks and right-of-way lying between 
Kentucky and Independence Avenues. KCS states that, once the 
abandonment becomes effective, it will transfer the right-of-way to 
the City by quitclaim deed.
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    KCS has certified that:
    (1) no local traffic has moved over the line for at least 2 years;
    (2) overhead traffic, if any, which previously moved over the line, 
has been rerouted;
    (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 January 21, 1995, 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 
1152.294 must be filed by January 3, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by January 11, 1995, 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 
Environmental Analysis 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 W. Eleventh St., Kansas 
City, MO 64105.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    KCS has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by December 27, 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: December 14, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 94-31449 Filed 12-21-94; 8:45 am]
BILLING CODE 7035-01-P