[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Notices]
[Pages 27121-27122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12693]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-103 (Sub-No. 13X)]


The Kansas City Southern Railway Company--Abandonment Exemption--
in Webster Parish, LA

    The Kansas City Southern Railway Company (KCS) has filed a notice 
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 1.70-mile line of its railroad between milepost 46.78 at the 
Arkansas-Louisiana State Line and milepost 48.48 approximately 200 feet 
south of Vine Street in Springhill, Webster Parish, LA. The line 
traverses United States Postal Service Zip Code 71075.
    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 Surface Transportation Board (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 1105.7 (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 this exemption, any employee adversely affected 
by the abandonment and discontinuance 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 June 14, 1998, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,<SUP>1</SUP> 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),<SUP>2</SUP> and trail use/rail banking requests under 49 
CFR 1152.29 must be filed by May 26, 1998. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by June 4, 1998, with: Surface Transportation Board, Office of the 
Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 
20423.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Section of Environmental Analysis 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 Board may 
take appropriate action before the exemption's effective date.
    \2\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Thomas F. McFarland, Jr., McFarland & 
Herman, 20 North Wacker Drive, Suite, 1330, Chicago, IL 60606-2902.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    KCS has filed an environmental report which addresses the effects, 
if any, of the abandonment and discontinuance on the environment and 
historic resources. The Section of Environmental Analysis (SEA) will 
issue an environmental assessment (EA) by May 20, 1998. Interested 
persons may obtain a copy of the EA by writing to SEA (Room 500, 
Surface Transportation Board, Washington, DC 20423) or by calling SEA, 
at (202) 565-1545. 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

[[Page 27122]]

conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), KCS shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by KCS's filing of a notice of 
consummation by May 15, 1999, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: May 6, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-12693 Filed 5-14-98; 8:45 am]
BILLING CODE 4915-00-P