[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Notices]
[Pages 37162-37163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5821]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket Nos. AB-33 (Sub-No. 242X) and STB Docket No. AB-471 (Sub-
No. 7X)]


Union Pacific Railroad Company--Abandonment Exemption--in 
Montgomery County, KS and South Kansas & Oklahoma Railroad, Inc.--
Discontinuance of Service Exemption--in Montgomery County, KS

    Union Pacific Railroad Company (UP) and South Kansas & Oklahoma 
Railroad, Inc. (SKO) (collectively, applicants), have jointly filed a 
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments 
and Discontinuances of Service for UP to abandon, and for SKO to 
discontinue service over, approximately 0.8 miles of railroad located: 
(1) Between milepost 166.0, at the west bank of the Verdigris River, 
and milepost 166.6, at the west edge of Sunflower Road; and (2) at the 
portion of UP's railroad easement between milepost 166.6, at the west 
edge of Sunflower Road, and milepost 166.8, at the west edge of Linden 
Street, near Coffeyville, in Montgomery County, KS.\1\ The line 
traverses United States Postal Service Zip Code 67337.
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    \1\ Applicants state that the portion of the rail line over 
which UP has a railroad easement is located within the premises of 
Coffeyville Resources Refinery & Marketing, LLC (Refinery Company), 
and that Refinery Company owns the right-of-way and track materials 
within that portion of the rail line. Applicants also state that, by 
lease effective December 10, 1990, UP leased the line and adjacent 
trackage to Southeast Kansas Railway Company, which subsequently was 
merged into SKO. According to applicants, UP intends to make private 
non-rail use of the land east of the refinery.
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    Applicants have 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; \2\ (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.
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    \2\ It appears that the line is stub-ended and thus that there 
can be no overhead traffic to be rerouted.
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    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 July 29, 2006, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\3\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\4\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
July 10, 2006. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by July 19, 2006, with 
the Surface Transportation Board, 1925 K Street, NW., Washington, DC 
20423-0001.
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    \3\ 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.
    \4\ Each OFA must be accompanied by the filing fee, which 
increased to $1,300, effective April 19, 2006. See Regulations 
Governing Fees For Services Performed in Connection with Licensing 
and Related Services--2006 Update, STB Ex Parte No. 542 (Sub-No. 13) 
(STB served Mar. 20, 2006).
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    A copy of any petition filed with the Board should be sent to 
applicants' representatives: For UP, Mack H. Shumate, Jr., Senior 
General Attorney, Union Pacific Railroad Company, 101 North Wacker 
Drive, Suite 1920, Chicago, IL 60606; for SKO, Thomas F. McFarland, 
Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, 
Chicago, IL 60604.

[[Page 37163]]

    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Applicants have filed an environmental and historic 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 July 3, 2006. 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) 565-1539. [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), 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 June 
29, 2007, 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 26, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-5821 Filed 6-28-06; 8:45 am]
BILLING CODE 4915-01-P