[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Notices]
[Pages 11995-11996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5301]



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INTERSTATE COMMERCE COMMISSION
Docket No. AB-3 (Sub-No. 121X)]


Missouri Pacific Railroad Company--Abandonment Exemption--in 
Morris and Dickinson Counties, KS

    Missouri Pacific Railroad Company (MP) has filed a verified notice 
under 49 CFR Part 1152 Subpart F--Exempt Abandonments to abandon a 
26.57-mile rail line between milepost 425.0, near Council Grove, and 
milepost 451.57, near Herington, in Morris and Dickinson Counties, KS.
    MP has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) any overhead traffic on the line can be 
rerouted over other lines; (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 complainant's favor within the last 2 
years; and (4) the requirements at 49 CFR 1105.7 (environmental 
report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 and 
1152.50(d)(1) (notice to government agencies), and 49 CFR 1105.12 
(newspaper publication) have been met.
    As a condition to 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 employees 
are adequately protected, a petition for partial revocation under 49 
U.S.C. 10505(d) must be filed.
    This exemption will be effective April 2, 1995, unless stayed or a 
statement of intent to file an offer of financial assistance (OFA) is 
filed. Petitions to stay that do not involve environmental 
issues,1 statements of intent to file an OFA under 49 CFR 
1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 
1152.293 must be filed by March 13, 1995. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by March 23, 1995. An original and 10 copies of any such filing must be 
sent to the Office of the Secretary, Case Control Branch, Interstate 
Commerce Commission, Washington, DC 20423. In addition, one copy must 
be served on Joseph D. Anthofer, 1416 Dodge Street, Rm. 830, Omaha, NE 
68179.

    \1\The Commission will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Commission 
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 Commission may take appropriate 
action before the exemption's effective date.
    \2\See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \3\ The Commission 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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    If the verified notice 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 Commission's Section of Environmental Analysis (SEA) 
will issue an environmental assessment (EA) by March 8, 1995. A copy of 
the EA may be obtained by writing to SEA (Room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser 
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.

    [[Page 11996]] Decided: February 28, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5301 Filed 3-2-95; 8:45 am]
BILLING CODE 7035-01-P