SURFACE TRANSPORTATION BOARD DECISION DOCUMENT
    Decision Information

Docket Number:  
AB_103_22_X

Case Title:  
THE KANSAS CITY SOUTHERN RAILWAY COMPANY--ABANDONMENT EXEMPTION--IN EAST FELICIANA PARISH, LA

Decision Type:  
Notice Of Exemption

Deciding Body:  
Director Of Proceedings

    Decision Summary

Decision Notes:  
PROVIDED NOTICE THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY FILED A NOTICE OF EXEMPTION TO ABANDON A 1.63-MILE LINE OF RAILROAD IN EAST FELICIANA PARISH, LA.

    Decision Attachments

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    Full Text of Decision

35488

40685                                   SERVICE DATE – APRIL 5, 2010

DO

FR-4915-01-P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-103 (Sub-No. 22X)]

The Kansas City Southern Railway Company–Abandonment Exemption–in East Feliciana Parish, LA

The Kansas City Southern Railway Company (KCSR) filed a notice of exemption under 49 CFR 1152 Subpart F–Exempt Abandonments to abandon a 1.63-mile line of railroad extending from milepost D-202.70 to milepost D-204.33, in East Feliciana Parish, LA.  The line traverses United States Postal Service Zip Code 70748.

KCSR 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 that has been or would need to 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 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 report), 49 CFR 1105.8 (historic report), 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 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 or after May 5, 2010, unless stayed pending reconsideration.  Petitions to stay that do not involve environmental issues,[1] formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),[2] and trail use/rail banking requests under 49 CFR 1152.29 must be filed by April 15, 2010.  Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 26, 2010, with:  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 KCSR’s representative:  Robert A. Wimbish, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW, Suite 300, Washington, DC  20037.

            If the verified notice contains false or misleading information, the exemption is void ab initio.

            KCSR has filed environmental and historic reports which address the effects, if any, of the abandonment on the environment and historic resources.  SEA will issue an environmental assessment (EA) by April 9, 2010.  Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC  20423-0001) or by calling SEA, 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), KCSR 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 KCSR’s filing of a notice of consummation by April 5, 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 website at “WWW.STB.DOT.GOV.”

            Decided:  March 29, 2010.

            By the Board, Rachel D. Campbell, Director, Office of Proceedings.



[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 (SEA) 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 OFA must be accompanied by the filing fee, which currently is set at $1,500.  See 49 CFR 1002.2(f)(25).