|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|CHILLICOTHE-BRUNSWICK RAIL MAINTENANCE AUTHORITY-DISCONTINUANCE EXEMPTION-IN LIVINGSTON, LINN, AND CHARITON COUNTIES, MO|
|Notice Of Exemption|
|Director Of Proceedings|
|PROVIDED NOTICE THAT CHILLICOTHE-BRUNSWICK RAIL MAINTENANCE AUTHORITY (CBRA) HAS FILED A NOTICE OF EXEMPTION UNDER 49 CFR 1152 SUBPART F TO DISCONTINUE SERVICE OVER AN APPROXIMATELY 37.44-MILE LINE OF RAILROAD IN LIVINGSTON, LINN, AND CHARITON COUNTIES, MO.|
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|Full Text of Decision|
37772 SERVICE DATE – FEBRUARY 23, 2007
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-1001X]
Chillicothe-Brunswick Rail Maintenance
Authority–Discontinuance Exemption–in Livingston, Linn, and
Chillicothe-Brunswick Rail Maintenance Authority (CBRA) has filed a notice of exemption under 49 CFR 1152 Subpart F—Exempt Abandonments and Discontinuances of Services to discontinue service over an approximately 37.44-mile line of railroad between milepost 226.0, in Chillicothe, and milepost 188.56, near Brunswick, in Livingston, Linn, and Chariton Counties, MO. The line traverses United States Postal Service Zip Codes 64601, 64681, 65236, 65286, 64643, and 64659.
CBRA 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)
must be filed by March 5, 2007. Petitions to reopen must be filed by March
15, 2007, with the Surface Transportation Board,
A copy of any
petition filed with the Board should be sent to CBRA’s
representative: Charles H. Montange,
If the verified notice contains false or misleading information, the exemption is void ab initio.
Board decisions and notices are available on our website at WWW.STB.DOT.GOV.
Decided: February 16, 2007.
By the Board, David M. Konschnik, Director, Office of Proceedings.
 Motive Rail, Inc. d/b/a Missouri North
Central Railroad (Motive Rail) also has operating authority for a portion of
this line. Motive Rail has filed a
notice of exemption to discontinue service in Motive Rail, Inc. d/b/a
 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. See 49 CFR 1002.2(f)(25).
 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.