[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Notices]
[Page 40472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14963]



[[Page 40472]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-870X]


Butler County, Kansas-Abandonment Exemption-in Butler County, KS

    Butler County, Kansas (County) has filed a notice of exemption 
under 49 CFR part 1152 subpart F-Exempt Abandonments to abandon its 
entire 10.6-mile line of railroad, between milepost 483.62, at Augusta, 
and milepost 494.22, near Andover, in Butler County, KS. The line 
traverses United States Postal Service ZIP Codes 67010 and 67002.\1\
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    \1\ The County acquired the line by donation from The Burlington 
Northern and Santa Fe Railway Company in Butler County, Kansas-
Acquisition Exemption-The Burlington Northern and Santa Fe Railway 
Company, STB Finance Docket No. 34139 (STB served Jan. 11, 2002).
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    The County 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 2 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 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 Northampton 
and Bath R. Co.-Abandonment, 354 I.C.C. 784 (1978). The County states 
that ``no corporate affiliate of the County will continue substantially 
similar rail operations and there is no corporate parent that would 
benefit from the proposed abandonment.'' (Citations omitted). 
Accordingly, employee 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 August 4, 2004, 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 
July 12, 2004. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 22, 2004, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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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 (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.
    \3\ 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 the 
County'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.
    The County has filed an environmental report which addresses the 
abandonment's effects, if any, on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by July 9, 
2004. 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), the County 
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 the County's filing of a notice 
of consummation by July 2, 2005, 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: June 24, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-14963 Filed 7-1-04; 8:45 am]
BILLING CODE 4915-01-P