[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Notices]
[Pages 10428-10429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5903]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board 1

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (the Act), which was enacted on December 29, 1995, and 
took effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions to the Surface 
Transportation Board (Board). This notice relates to functions that 
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
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[SBT Docket No. AB-406 (Sub-No. 6X)]


Central Kansas Railway, Limited Liability Company--Abandonment 
Exemption--in Marion and McPherson Counties, KS

    Central Kansas Railway, Limited Liability Company (CKR) 2 has 
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt 
Abandonments to abandon a 33.4-mile portion of its line of railroad 
known as the McPherson Subdivision from milepost 10 plus 2,418 feet at 
or near Marion to milepost 43 plus 4,505 feet at or near McPherson, in 
Marion and McPherson Counties, KS.3

    \2\ CKR is a subsidiary of OmniTRAX, Inc., a noncarrier holding 
company. OmniTRAX was authorized to control CKR, pursuant to the 
notice of exemption 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).
    \3\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a 
verified notice with the Board 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 April 
11, 1996. Because the verified notice was not filed until February 
22, 1996, however, consummation should have not been proposed to 
take place prior to April 12, 1996. Applicant's representative has 
been contacted and informed of the correct consummation date.

[[Page 10429]]

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    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 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 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. 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 April 12, 1996, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,4 
formal expressions of intent to file an OFA under 49 CFR 
1152.27(c)(2),5 and trail use/rail banking requests under 49 CFR 
1152.29 6 must be filed by March 25, 1996. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 2, 1996, with: Office of the Secretary, Case Control Branch, 
Surface Transportation Board, 1201 Constitution Avenue, NW., 
Washington, DC 20423.

    \4\ 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 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.
    \5\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4 
I.C.C.2d 164 (1987).
    \6\ The Board will accept late-filed trail use requests so long 
as the abandonment has not been consummated and the abandoning 
railroad is willing to negotiate an agreement.
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Michael J. Ogborn, Manager, Central Kansas 
Railway, Limited Liability Company, 252 Clayton Street, 4th Floor, 
Denver, CO 80206.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    CKR has filed an environmental report which addresses the 
abandonments effects, if any, on the environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by March 18, 1996. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 3219, Surface 
Transportation Board, 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 
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.

    Decided: February 29, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-5903 Filed 3-12-96; 8:45 am]
BILLING CODE 4915-00-P