[Federal Register Volume 64, Number 47 (Thursday, March 11, 1999)]
[Notices]
[Page 12213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5786]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-437 (Sub-No. 1)]


Kansas Southwestern Railway, L.L.C.--Abandonment--In Sumner, 
Harper, Barber, Reno and Kingman Counties, KS

    On February 19, 1999, the Kansas Southwestern Railway, L.L.C. (KSW) 
filed with the Surface Transportation Board (Board) an application to 
abandon: (1) a line of railroad known as the Hardtner Branch, extending 
from milepost 514, at Conway Springs, to milepost 571.85, at Kiowa; and 
(2) a portion of a line of railroad known as the Stafford Branch, 
extending from milepost 559.028, at Conway Springs, to milepost 610.0, 
at Olcott, at total distance of 108.8 miles, in Sumner, Harper, Barber, 
Reno, and Kingman Counties, KS. The line includes no stations and 
traverses U.S. Postal Service ZIP Codes 67031, 67106, 67118, 67014, 
67622, 67068, 67121, 67004, 67049, 67003, 67061, and 67070.
    The line does not contain federally granted rights-of-way. Any 
documentation in the KSW's possession will be made available promptly 
to those requesting it. The applicant's entire case for abandonment 
(case-in-chief) was filed with the application.
    This line of railroad has appeared on the applicant's system 
diagram map or has been included in its narrative in category 1 since 
August 20, 1998.
    The interest of railroad employees will be protected by the 
conditions set forth in Oregon Short Line R. Co.--Abandonment--Goshen, 
360 I.C.C. 91 (1979).
    Any interested person may file with the Board written comments 
concerning the proposed abandonment or protests (including the 
protestant's entire opposition case) by April 5, 1999. All interested 
persons should be aware that, following any abandonment of rail service 
and salvage of the line, the line may be suitable for other public use, 
including interim trail use. Any request for a public use condition 
under 49 U.S.C. 10905 (49 CFR 1152.28) or for a trail use condition 
under 16 U.S.C. 1247(d) (49 CFR 1152.29) must be filed by April 5, 
1999. Each trail use request must be accompanied by a $150 filing fee. 
See 49 CFR 1002.2(f)(27). Applicant's reply to any opposition 
statements and its response to trail use requests must be filed by 
April 20, 1999. See 49 CFR 1152.26(a).
    Persons opposing the proposed abandonment that wish to participate 
actively and fully in the process should file a protest. Persons who 
may oppose the abandonment but who do not wish to participate fully in 
the process by appearing at any oral hearings or by submitting verified 
statements of witnesses containing detailed evidence should file 
comments. Persons seeking information concerning the filing of protests 
should refer to 49 CFR 1152.25. Persons interested only in seeking 
public use or trail use conditions should also file comments.
    In addition, a commenting party or protestant may provide:
    (i) An offer of financial assistance (OFA) for continued rail 
service under 49 U.S.C. 10904 (due 120 days after the application is 
filed or 10 days after the application is granted by the Board, 
whichever occurs sooner);
    (ii) Recommended provisions for protection of the interests of 
employees;
    (iii) A request for a public use condition under 49 U.S.C. 10905; 
and
    (iv) A statement pertaining to prospective use of the right-of-way 
for interim trail use and rail banking under 16 U.S.C. 1247(d) and 49 
CFR 1152.29.
    All filings in response to this notice must indicate the proceeding 
designation STB Docket No. AB-437 (Sub-No. 1) and must be sent to: (1) 
Surface Transportation Board, Office of the Secretary, Case Control 
Unit, 1925 K Street, N.W. Washington, DC 20423-0001; and (2) Karl 
Morell, Ball Janik LLP, Suite 225, 1455 F Street N.W., Washington, DC 
20005. The original and 10 copies of all comments or protests shall be 
filed with the Board with a certificate of service. Except as otherwise 
set forth in part 1152, every document filed with the Board must be 
served on all parties to the abandonment proceeding. 49 CFR 1104.12(a).
    The lines sought to be abandoned will be available for subsidy or 
sale for continued rail use, if the Board decides to permit the 
abandonment in accordance with applicable laws and regulations (49 
U.S.C. 10904 and 49 CFR 1152.27). Each OFA must be accompanied by a 
$1,000 filing fee. See 49 CFR 1002.2(f)(25). No subsidy arrangement 
approved under 49 U.S.C. 10904 shall remain in effect for more than 1 
year unless otherwise mutually agreed by the parties (49 U.S.C. 
10904(f)(4)(B)). Applicant will promptly provide upon request to each 
interested party an estimate of the subsidy and minimum purchase price 
required to keep the line in operation. The carrier's representative to 
whom inquiries may be made concerning sale or subsidy terms is set 
forth above.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment regulations at 49 CFR part 
1152. Questions concerning environmental issues may be directed to the 
Board's Section of Environmental Analysis (SEA) at (202) 565-1545. [TDD 
for the hearing impaired is available at (202) 565-1695.]
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in abandonment proceedings normally will be 
made available within 33 days of the filing of the application. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service. The comments received will be addressed in the 
Board's decision. A supplemental EA or EIS may be issued where 
appropriate.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: March 3, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-5786 Filed 3-10-99; 8:45 am]
BILLING CODE 4915-00-P