[Federal Register Volume 68, Number 166 (Wednesday, August 27, 2003)]
[Notices]
[Page 51637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21572]



[[Page 51637]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-853 (Sub-No. 1X)]


Kansas & Oklahoma Railroad, Inc.--Abandonment Exemption--in 
Hodgeman, Comanche, Kiowa, and Pratt Counties, KS

    Kansas & Oklahoma Railroad, Inc. (K&O), has filed a notice of 
exemption under 49 CFR 1152 subpart F--Exempt Abandonments to abandon 
two rail line segments as follows: (1) A 10.7-mile rail line between 
milepost 36.3 at Hanston, and milepost 47.0 at Jetmore, in Hodgeman 
County, KS; and (2) a 46.8-mile rail line between milepost 589.2 at 
Coats, and milepost 636.0 at Protection, in Comanche, Kiowa, and Pratt 
Counties, KS. The lines traverse United States Postal Service Zip Codes 
67849, 67854, 67028, 67155, 67029, and 67127.
    K&O 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.
    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 
26, 2003, 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 September 8, 2003. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by September 16, 2003, with: Surface 
Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001.
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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 OFA 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 
applicant's representative: Karl Morell, 1455 F St., NW., Suite 225, 
Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    K&O has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
SEA will issue an environmental assessment (EA) by August 29, 2003. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
500, Surface Transportation Board, Washington, DC 20423-0001) or by 
calling SEA, at (202) 565-1539. (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), K&O 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 K&O's filing of a notice of 
consummation by August 27, 2004, 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 http://www.stb.dot.gov.

    Decided: August 18, 2003.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 03-21572 Filed 8-26-03; 8:45 am]
BILLING CODE 4915-00-P