[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Notices]
[Page 46471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22075]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-563 (Sub-No. 1X) and STB Docket No. AB-471 (Sub-No. 
2X)]


Kansas Eastern Railroad, Inc.--Abandonment Exemption--in Butler 
and Greenwood Counties, KS and South Kansas and Oklahoma Railroad, 
Inc.--Discontinuance of Service Exemption--in Butler and Greenwood 
Counties, KS

    Kansas Eastern Railroad, Inc. (KER) and South Kansas and Oklahoma 
Railroad, Inc. (SKO) have filed a notice of exemption under 49 CFR 1152 
Subpart F--Exempt Abandonments and Discontinuances for KER to abandon 
and SKO to discontinue its trackage rights over a rail line between 
milepost 438.5, at Severy, and milepost 483.0 near Augusta, in Butler 
and Greenwood Counties, KS.1 The line traverses United 
States Postal Service Zip Codes 67010, 67074, 67012, 67122 and 67137.
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    \1\ KER acquired the involved rail line from Burlington Northern 
Railroad Company as part of the transaction authorized in Kansas 
Eastern Railroad, Inc.--Acquisition Exemption--Burlington Northern 
Railroad Company, Finance Docket No. 33292 (ICC served Dec. 2, 
1996).
    SKO's trackage rights were the subject of an exemption in South 
Kansas and Oklahoma Railroad, Inc.--Trackage Rights Exemption--
Kansas Eastern Railroad, Inc., Finance Docket No. 33293 (ICC served 
Dec. 2, 1996).
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    KER and SKO have 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 
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 September 
24, 1999, unless stayed pending reconsideration. Petitions to stay that 
do not involve environmental issues,2 formal expressions of 
intent to file an OFA under 49 CFR 1152.27(c)(2),3 and trail 
use/rail banking requests under 49 CFR 1152.29 must be filed by 
September 7, 1999. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by September 14, 1999, 
with: Surface Transportation Board, Office of the Secretary, Case 
Control Unit, 1925 K Street, N.W., Washington, DC 20423.
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    \2\ 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.
    \3\ 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 
applicants' representative: Karl Morell, Ball Janik LLP, 1455 F St., 
N.W., Suite 225, Washington, DC 20005. If the verified notice contains 
false or misleading information, the exemption is void ab initio.
    KER and SKO have filed an environmental report which addresses the 
effects of the abandonment and discontinuance, if any, on the 
environment and historic resources. The Section of Environmental 
Analysis (SEA) will issue an environmental assessment (EA) by August 
30, 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), KER 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 KER's filing of a notice of 
consummation by August 25, 1999, 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: August 19, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-22075 Filed 8-24-99; 8:45 am]
BILLING CODE 4915-00-P