[Federal Register Volume 70, Number 64 (Tuesday, April 5, 2005)]
[Notices]
[Page 17283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6587]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-927X]


Boot Hill & Western Railway Co., L.C.--Abandonment Exemption--in 
Ford County, KS

    Boot Hill & Western Railway Co., L.C. (BHWR), has filed a notice of 
exemption under 49 CFR part 1152 Subpart F--Exempt Abandonments to 
abandon a 15.8-mile line of railroad between milepost 0.0, at Bucklin, 
and milepost 15.8, at Wilroads, in Ford County, KS. The line traverses 
United States Postal Service Zip Codes 67834, 67842, 67801, and 67843.
    BHWR has certified that: (1) No local traffic has moved over the 
line for at least 2 years; (2) no overhead traffic has moved over the 
line for at least 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 Surface Transportation 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 May 5, 2005, 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 
April 15, 2005. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by April 25, 2005, 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 $1,200. See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
BHWR's representative: Karl Morell, Ball Janik LLP, 1455 F St., NW., 
Suite 225, Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    BHWR has filed environmental and historic reports which address the 
effects, if any, of the abandonment on the environment and historic 
resources. SEA will issue an environmental assessment (EA) by April 8, 
2005. 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), BHWR 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 BHWR's filing of a notice of 
consummation by April 5, 2006, 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: March 29, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-6587 Filed 4-4-05; 8:45 am]
BILLING CODE 4915-01-U