[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58370-58371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20113]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-1013X]


Kaw River Railroad, Inc.--Discontinuance of Service Exemption--in 
Clay County, MO

    Kaw River Railroad, Inc. (KRR) \1\ has filed a verified notice of 
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 0.27-mile line 
of railroad between milepost 199.86 and milepost 200.13, in Kearney, 
Clay County, MO.\2\ The line traverses United States Postal Service Zip 
Code 64060.
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    \1\ KRR was authorized to lease and operate the line in Kaw 
River Railroad, Inc.--Lease and Operation Exemption--BNSF Railway 
Company, STB Finance Docket No. 34693 (STB served May 12, 2005).
    \2\ BNSF Railway Company (BNSF) was authorized to abandon the 
above-described line in BNSF Railway Company--Abandonment 
Exemption--in Clay County, MO, STB Docket No. AB-6 (Sub-No. 450X) 
(STB served Aug. 15, 2007) (BNSF abandonment exemption). While BNSF 
was authorized to abandon its rail line located between milepost 
199.07 and milepost 200.13, KRR's lease only extended to milepost 
199.86 (which explains the 0.79-mile difference in mileages sought 
by BNSF and KRR).
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    KRR 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 for at least 2 years and no overhead traffic can move over the 
line as it is stub-ended; (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 1105.12 
(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 discontinuance of service 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 November 14, 2007, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2),\3\ must be filed by October 25, 2007.\4\ 
Petitions to reopen must be filed by November 5, 2007, with: Surface 
Transportation Board, 395 E Street, SW., Washington, DC 20423-0001.
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    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,300. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Any environmental or historical documentation 
required here under 49 CFR 1105.6(c) and 1105.8(b), respectively, is 
contained in the reports filed in the BNSF abandonment exemption.
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    A copy of any petition filed with the Board should be sent to KRR'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.

[[Page 58371]]

    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: October 5, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E7-20113 Filed 10-12-07; 8:45 am]
BILLING CODE 4915-01-P