[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Notices]
[Pages 55282-55283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26945]



-----------------------------------------------------------------------

INTERSTATE COMMERCE COMMISSION
[Docket No. AB-406 (Sub-No. 4X)]


Central Kansas Railway, Limited Liability Company--Abandonment 
Exemption--in Harper County, KS

    Central Kansas Railway, Limited Liability Company (CKR) has filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to 
abandon a 9-mile portion of its H & S Subdivision between milepost 59.7 
at or near Harper and milepost 68.7 at or near Anthony, in Harper 
County, KS.1 CKR proposes to consummate the abandonment on or 
after November 29, 1995.2

    \1\ CKR is a subsidiary of OmniTRAX, Inc. (OmniTRAX), a 
noncarrier holding company. Notice of a corporate family 
reorganization was given by the Commission in Patrick D. Broe, The 
Broe Companies, The Great Western Railway Company, Railco Inc., 
Chicago West Pullman Transportation Corp., et al.--Corporate Family 
Reorganization Exemption, Finance Docket No. 32531 (ICC served July 
12, 1994). Under the reorganization, OmniTRAX was authorized to 
control 11 rail carriers and Patrick D. Broe was authorized to 
continue to control OmniTRAX.
    \2\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Commission at least 50 days before the 
abandonment or discontinuance is to be consummated. The applicant, 
in its verified notice, indicated a proposed consummation date of 
October 15, 1995. Because the verified notice was not filed until 
October 10, 1995, consummation should not have been proposed to take 
place before November 29, 1995. Applicant's representative has 
subsequently agreed that the proposed consummation date is on or 
after November 29, 1995.
---------------------------------------------------------------------------

    CKR has certified that: (1) no local traffic has moved over the 
line for at least 2 years; (2) any overhead traffic has been 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 

[[Page 55283]]
such user) regarding cessation of service over the line either is 
pending with the Commission or with any U.S. District Court or has been 
decided in favor of the 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 use of 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. 10505(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 November 29, 1995, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,3 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),4 and trail use/rail banking requests under 49 CFR 
1152.29 5 must be filed by November 9, 1995. Petitions to reopen 
or requests for public use conditions under 49 CFR 1152.28 must be 
filed by November 20, 1995, with: Office of the Secretary, Case Control 
Branch, Interstate Commerce Commission, Washington, DC 20423.

    \3\ A stay will be issued routinely by the Commission in those 
proceedings where an informed decision on environmental issues 
(whether raised by a party or by the Commission's Section of 
Environmental Analysis in its independent investigation) cannot be 
made prior to the effective date of the notice of exemption. See 
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 
entity seeking a stay on environmental concerns is encouraged to 
file its request as soon as possible in order to permit the 
Commission to review and act on the request before the effective 
date of this exemption.
    \4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \5\ The Commission will accept a late-filed trail use request as 
long as it retains jurisdiction to do so.
---------------------------------------------------------------------------

    A copy of any pleading filed with the Commission should be sent to 
applicant's representative: Michael J. Ogborn, 252 Clayton St., 4th 
Floor, Denver, CO 80206.
    If the notice of exemption contains false or misleading 
information, the exemption is void ab initio.
    CKR has filed an environmental report which addresses the 
abandonment's effects, if any, on the environmental and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by November 3, 1995. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 3219, Interstate 
Commerce Commission, Washington, DC 20423) or by calling Elaine Kaiser, 
Chief of SEA, at (202) 927-6248. Comments on environmental and historic 
preservation matters must be filed within 15 days after the EA is 
available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.

    Decided: October 24, 1995.

    By the Commission, Joseph H. Dettmar, Acting Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-26945 Filed 10-27-95; 8:45 am]
BILLING CODE 7035-01-P