[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Page 70182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33463]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-103 (Sub-No. 14)]


The Kansas City Southern Railway Company--Adverse Discontinuance 
Application--A Line of Arkansas and Missouri Railroad Company

    On November 30, 1998, Arkansas and Missouri Railroad Company (AMR) 
filed an application under 49 U.S.C. 10903 requesting that the Surface 
Transportation Board (Board) find that the public convenience and 
necessity require and permit the discontinuance of trackage rights held 
by The Kansas City Southern Railroad Company (KCS) over a line of 
railroad owned by AMR, extending from AMR milepost 417.0 near the 
crossing of Navy Road in Fort Smith, AR, to AMR milepost 422.5 near the 
overpass of Arkansas Highway 540 in Fort Smith, AR, a distance of 
approximately 5.5 miles, in Sebastian County, AR, and LeFlore County, 
OK. The line includes the station of South Fort Smith, AR, at milepost 
422.5 and traverses United Sates Postal Service Zip Codes 72901 and 
74901.
    AMR states that it is filing this application because it contends 
that KCS has breached the terms of their trackage rights agreement by 
failing to properly maintain the line. It argues, however, that no 
service will be lost and that there will be no adverse impact on 
overhead shippers or communities because all bridge traffic formerly 
handled by KCS can be handled by AMR crews. In a decision served 
November 24, 1998, AMR was granted a waiver of certain filing 
requirements in 49 CFR 1152.22, except to the extent the filing 
requirements concern information about service to overhead shippers. In 
a separate decision served December 14, 1998, AMR's motion for a 
protective order covering certain traffic data and contractual terms 
was granted.
    In an application by a third party for a determination that the 
public convenience and necessity permits the discontinuance of 
operations over a line, the issue before the Board is whether the 
public interest requires that the service in question be retained.
    The line does not contain federally granted rights-of-way. Any 
documentation AMR's possession will be made available promptly to those 
requesting it. AMR's entire case for adverse discontinuance was filed 
with the application.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Persons opposing the proposed adverse discontinuance who wish to 
participate actively and fully in the process should file a protest by 
January 14, 1999. Persons who may oppose the discontinuance but who do 
not wish to participate fully in the process by submitting verified 
statements of witnesses containing detailed evidence should file 
comments by January 14, 1999. Parties seeking information concerning 
the filing of protests should refer to section 1152.25. AMR's reply to 
any opposing statements is due January 29, 1999. Because this is a 
discontinuance proceeding and not an abandonment, trail use/rail 
banking and public use requests are not appropriate. Likewise, the 
proceeding is exempt from environmental reporting requirements under 49 
CFR 1105.6(c)(6) and from historic reporting requirements under 49 CFR 
1105.8(b)(3).
    Written comments and protests must indicate the proceeding 
designation STB Docket No. AB-103 (Sub-No. 14) and must be sent to: (1) 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, N.W., Washington, DC 20423-0001; and (2) Mark H. 
Sidman, 1350 New York Avenue, N.W., Suite 800, Washington, D.C. 20005-
4797. The original and 10 copies of all comments or protests shall be 
filed with the Board with a certificate of service. Except as otherwise 
set forth in part 1152, every document filed with the Board must be 
served on all parties to the adverse discontinuance proceeding. 49 CFR 
1104.12(a).
    Persons seeking further information concerning the adverse 
discontinuance procedures may contact the Board's Office of Public 
Services at (202) 565-1592 or refer to the full abandonment or 
discontinuance regulations at 49 CFR part 1152. [TDD for the hearing 
impaired is available at (202) 565-1695.]
    A copy of the application will be available for public inspection 
at 306 E. Emma, Springdale, AR 72764 and 1301 N. 4th Street, Fort 
Smith, AR 72901.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: December 14, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-33463 Filed 12-17-98; 8:45 am]
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