Federal Register, Volume 75 Issue 227 (Friday, November 26, 2010)

[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72861-72862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29712]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 1068X; Docket No. AB 1070X]


Missouri Central Railroad Company--Abandonment and Discontinuance 
of Service Exemption--in Cass County, MO.; Central Midland Railway 
Company--Discontinuance of Service and Operating Rights Exemption--in 
Cass County, MO.

    Missouri Central Railroad Company (MCRR) and Central Midland 
Railway Company (CMR) (collectively, applicants) have jointly filed a 
verified notice of exemption under 49 CFR pt. 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service for MCRR to abandon and 
discontinue, and for CMR to discontinue, service over approximately 5.6 
miles of rail line extending between milepost 257.283 (near Wingate) 
and milepost 262.906 (near Pleasant Hill) in Cass County, Mo. 
Specifically, MCRR proposes to: (1) Abandon the line extending between 
milepost 257.283 and milepost 262.906; and (2) discontinue service over 
a portion of the line extending between milepost 262.8 and milepost 
262.906, the portion not covered by CMR leased operating rights. CMR 
proposes to discontinue service and operating rights on the portion of 
the line extending between milepost 257.283 and milepost 262.8.\1\ The 
line traverses United States Postal Service Zip Code 64080.
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    \1\ In 2004, CMR received an exemption to lease and operate a 
243.8-mile line of railroad that includes this portion of line. See 
Cent. Midland Ry.--Lease and Operation Exemption--Missouri Cent. 
Ry., FD 34363 (STB served Feb.11, 2004).
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    Applicants have certified that: (1) No local traffic has moved over 
the line for at least 2 years; (2) no overhead traffic has moved over 
the line for at least 2 years and overhead traffic, if there were any, 
could 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 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(c) (environmental report), 49 CFR 1105.11 (transmittal 
letter), 49 CFR 1105.12 (newspaper publication), and 49 CFE 
1152.50(d)(1) (notice to governmental agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the abandonment or discontinuance shall be protected under Oregon 
Short Line--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 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. Sec.  10502(d) must be 
filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, these exemptions will be 
effective on December 28, 2010, 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 1152.29 must be filed by 
December 6, 2010. Petitions to

[[Page 72862]]

reopen or requests for public use conditions under 49 CFR 1152.28 must 
be filed by December 16, 2010, with the Surface Transportation Board, 
395 E Street, SW., Washington, DC 20423-0001.
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    \2\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. 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.
    \3\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,500. See 49 C.F.R. Sec.  1002.2 (f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: For MCRR, Sandra L. Brown, Thompson Hine 
LLP, 1920 N Street, NW., Suite 800, Washington, DC 20036; for CMR, Lon 
Van Gemert, Chief Executive Officer, Central Midland Railway, c/o 
Progressive Rail Incorporated, 21778 Highview Avenue, Lakeville, MN 
55044.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment and 
discontinuances on the environment and historic resources. OEA will 
issue an environmental assessment (EA) by December 3, 2010. Interested 
persons may obtain a copy of the EA by writing to OEA (Room 1100, 
Surface Transportation Board, Washington, DC 20423-0001) or by calling 
OEA, at (202) 245-0305. Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339. 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.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), MCRR 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 MCRR's filing of a notice of 
consummation by November 26, 2011, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.
    Board decisions and notices are available on our Web site at 
``http://www.stb.dot.gov.''

    Decided: November 19, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Andrea Pope-Matheson,
Clearance Clerk.
[FR Doc. 2010-29712 Filed 11-24-10; 8:45 am]
BILLING CODE 4915-01-P