[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Notices]
[Pages 62094-62095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25149]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-839 (Sub-No. 1X)]


Kiowa, Hardtner and Pacific Railroad Company--Abandonment 
Exemption--in Barber County, KS

    Kiowa, Hardtner and Pacific Railroad Company (KHP) has filed a 
notice of exemption under 49 CFR Part 1152 Subpart F-Exempt 
Abandonments to abandon its entire 9.93-mile line of railroad between 
milepost 571.85 at Kiowa and milepost 581.78 at Hardtner, in Barber 
County, KS. The line traverses United States Postal Service Zip Codes 
67070 and 67057.
    KHP has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) there is no overhead traffic on the 
line; (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.
    Where, as here, the carrier is abandoning its entire line, the 
Board does not normally impose labor protection under 49 U.S.C. 
10502(g), unless the evidence indicates the existence of: (1) A 
corporate affiliate that will continue substantially similar rail 
operations; or (2) a corporate parent that will realize substantial 
financial benefits over and above relief from the burden of deficit 
operations by its subsidiary railroad. See Wellsville, Addison & 
Galeton R. Corp.--Abandonment, 354 I.C.C. 744 (1978); and Northhampton 
and Bath R. Co.--Abandonment, 354 I.C.C. 784 (1978). KHP proposes to 
abandon the entire line and go out of the railroad business. KHP does 
not appear to have a corporate affiliate or parent that could benefit 
from the proposed abandonment. Accordingly, labor protection conditions 
will not be imposed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on November 2, 2002, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ 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 
October 15, 2002. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by October 23, 2002, 
with: Surface Transportation Board, 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 (SEA) 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 $1,100. See 49 CFR 
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to KHP's 
representative: Karl Morell, Ball Janik LLP, 1455 F Street, NW., Suite 
225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    KHP has filed an environmental report which addresses the effects, 
if any, of the abandonment and discontinuance on the environment and 
historic resources. SEA will issue an environmental assessment (EA) by

[[Page 62095]]

October 8, 2002. 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) 565-1552. [Assistance for the 
hearing impaired is available through the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.] 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), KHP shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned its line. If 
consummation has not been effected by KHP's filing of a notice of 
consummation by October 3, 2003, 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 Web site at 
WWW.STB.DOT.GOV.

    Decided: September 25, 2002.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 02-25149 Filed 10-2-02; 8:45 am]
BILLING CODE 4915-00-P