|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|MISSOURI CENTRAIL RAILROAD COMPANY--ABANDONMENT EXEMPTION--IN CASS, HENRY, JOHNSON, AND PETTIS COUNTIES, MO.|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT MISSOURI CENTRAL RAILROAD COMPANY (MCRR) AND CENTRAL MIDLAND RAILWAY COMPANY (CMR) FILED A NOTICE OF EXEMPTION FOR MCRR TO ABANDON AND FOR CMR TO DISCONTINUE SERVICE OVER, APPROXIMATELY 42 MILES OF RAIL LINE BETWEEN MILEPOST 257.283 NEAR WINGATE, IN CASS COUNTY, MO., AND MILEPOST 215.325 NEAR WINDSOR, IN PETTIS COUNTY, MO.|
| 87 KB|
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|Full Text of Decision|
43129 SERVICE DATE – JUNE 7, 2013
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 1068 (Sub-No. 1X)]
Missouri Central Railroad Company—Abandonment Exemption—in Cass, Henry, Johnson, and Pettis Counties, Mo.
[Docket No. AB 1070 (Sub-No. 1X)]
Central Midland Railway Company—Discontinuance of Service Exemption—in Cass, Henry, Johnson, and Pettis Counties, Mo.
Missouri Central Railroad Company (MCRR) and Central Midland Railway Company (CMR) (collectively, applicants) have jointly filed a verified notice of exemption under 49 C.F.R. pt. 1152 subpart F–Exempt Abandonments and Discontinuances of Service for MCRR to abandon, and for CMR to discontinue service over, approximately 42 miles of rail line between milepost 257.283 near Wingate, in Cass County, Mo., and milepost 215.325 near Windsor, in Pettis County, Mo. The line traverses United States Postal Service Zip Codes 64040, 64061, 64080, 64726, 64733, 64761, and 65360.
Applicants have 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 C.F.R. § 1105.7(c) (environmental report), 49 C.F.R. § 1105.11 (transmittal letter), 49 C.F.R. § 1105.12 (newspaper publication), and 49 C.F.R. § 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 Railroad—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. § 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 July 9, 2013, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, formal expressions of intent to file an OFA under 49 C.F.R. § 1152.27(c) (2), and trail use/rail banking requests under 49 C.F.R. § 1152.29 must be filed by June 17, 2013. Petitions to reopen or requests for public use conditions under 49 C.F.R. § 1152.28 must be filed by June 27, 2013, with the Surface Transportation Board, 395 E Street, S.W., Washington, DC 20423-0001.
A copy of any petition filed with the Board should be sent to applicants’ representatives: Sandra L. Brown, 1919 M St. N.W., Suite 700, Washington, DC 20036, and Lon Van Gemert, 21778 Highview Ave., 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 which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by June 14, 2013. 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 C.F.R. § 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 June 7, 2014, 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 website at “WWW.STB.DOT.GOV.”
Decided: June 3, 2013.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 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.
 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 C.F.R. § 1002.2 (f)(25).