[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Notices]
[Pages 8255-8256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3146]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-993X]


Motive Rail, Inc. d/b/a Missouri North Central Railroad--
Discontinuance Exemption--in Livingston, Linn, and Chariton Counties, 
MO

    Motive Rail, Inc. d/b/a Missouri North Central Railroad (Motive 
Rail) has filed a notice of exemption under 49 CFR Part 1152 Subpart 
F--Exempt Abandonments and Discontinuances of Services to discontinue 
service over an approximately 29.55-mile line of railroad between 
milepost 218.25, near Norville, and milepost 188.7 near Kelly, in 
Livingston, Linn, and Chariton Counties, MO.\1\ The line traverses 
United States Postal Service Zip Codes

[[Page 8256]]

64601, 64681, 65236, 65286, 64643, and 64659.
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    \1\ Chillicothe-Brunswick Rail Maintenance Authority (CBRA) also 
has operating authority for a portion of this line. CBRA has filed a 
notice of exemption to discontinue service in Chillicothe-Brunswick 
Rail Maintenance Authority--Discontinuance of Exemption--In 
Livingston, Linn and Chariton Counties, MO, STB Docket No. AB-1001X.
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    Motive Rail has certified that: (1) No traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the line 
to be 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 Board or with any U.S. District Court or has been 
decided in favor of complainant within the 2-year period; and (4) the 
requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service 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. 10502(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 March 27, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2) \2\ 
must be filed by March 5, 2007.\3\ Petitions to reopen must be filed by 
March 15, 2007, with the Surface Transportation Board, 1925 K Street, 
NW., Washington, DC 20423-0001. Filings made after March 5, 2007, 
should be sent to the Board's new address: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \2\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
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    A copy of any petition filed with the Board should be sent to 
Motive Rail's representative: Charles H. Montange, 426 NW 162d Street, 
Seattle, WA 98177.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: February 16, 2007.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-3146 Filed 2-22-07; 8:45 am]
BILLING CODE 4915-01-P