[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Notices]
[Pages 14789-14790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7330]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-406 (Sub-No. 8X)]


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

    Central Kansas Railway Limited Liability Company (CKR) has filed a 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments to abandon an approximately 8-mile line of its railroad on 
the Spring Branch between milepost 69.0 at Anthony and milepost 77.0 at 
Spring, in Harper County, KS. The line traverses United States Postal 
Service Zip Code 67003.
    CKR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there has been no overhead traffic on 
the line during the past two years; (3) no formal complaint

[[Page 14790]]

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 Surface Transportation 
Board (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 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 25, 
1999, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,1 any additional 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 5, 1999. Petitions to reopen or 
requests for public use conditions under 49 CFR 1152.28 must be filed 
by April 15, 1999, with: Surface Transportation Board, Office of the 
Secretary, Case Control Unit, 1925 K Street, NW, Washington, DC 20423.
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    \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 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 offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Karl Morell, Ball Janik LLP, 1455 F St., 
NW, Suite 225, Washington, DC 20005.
    If the verified notice 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 environment and historic 
resources. The Section of Environmental Analysis (SEA) will issue an 
environmental assessment (EA) by March 31, 1999. Interested persons may 
obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. 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), CKR 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 CKR's filing of a notice of 
consummation by March 26, 2000, 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 19, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-7330 Filed 3-25-99; 8:45 am]
BILLING CODE 4915-00-P