[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Notices]
[Pages 14643-14644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6570]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket Nos. AB-33 (Sub-No. 147X) and AB-406 (Sub-No. 11X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
McPherson and Saline Counties, KS and Central Kansas Railway Limited 
Liability Company--Discontinuance of Service Exemption--in McPherson 
and Saline Counties, KS

    Union Pacific Railroad Company (UP) and Central Kansas Railway 
Limited Liability Company (CKR) have filed a notice of exemption under 
49 CFR 1152 Subpart F--Exempt Abandonments and Discontinuances of 
Service for UP to abandon and CKR to discontinue service over: (1) A 
4.6-mile line of railroad known as the Hoisington Subdivision between 
milepost 491.20 near Bridgeport, KS, and milepost 495.80 near 
Lindsborg, KS; (2) a 10.25-mile line of railroad known as the McPherson 
Subdivision between milepost 534.75, near Bridgeport and milepost 
545.00 near Sid, KS. Additionally, as part of the exemption, CKR also 
seeks to discontinue its incidental overhead trackage rights over a 
6.30-mile portion of UP's trackage between milepost 545.00 near Sid, 
and milepost 551.30 at

[[Page 14644]]

Salina, KS.\1\ All involved line segments are located in McPherson and 
Saline Counties, KS. The lines traverses United States Postal Service 
Zip Codes 67401, 67416, and 67456.
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    \1\ CKR was authorized to lease and operate approximately 170.7 
miles of UP's rail line in addition to the incidental overhead 
trackage rights that it acquired in Central Kansas Railway, L.L.C.--
Lease Exemption--Union Pacific Railroad Company, STB Finance Docket 
No. 33470 (STB served Oct. 9, 1997).
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    UP and CKR have certified that: (1) No local traffic has moved over 
the lines for at least 2 years; (2) there has been no overhead traffic 
on the lines during the past 2 years; (3) no formal complaint filed by 
a user of rail service on the lines (or by a state or local government 
entity acting on behalf of such user) regarding cessation of service 
over the lines 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 16, 
2000, 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 March 27, 2000. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by April 6, 2000, with: Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
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' representatives: James P. Gatlin, Union Pacific Railroad 
Company, 1416 Dodge Street, Room 830, Omaha, NE 68179-0001; and Karl 
Morell, Ball Janik LLP, 1455 F St., NW, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    UP and CKR 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 March 22, 
2000. 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), UP 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 UP's filing of a notice of consummation by March 
17, 2001, 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 9, 2000.

By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-6570 Filed 3-16-00; 8:45 am]
BILLING CODE 4915-00-P