[Federal Register Volume 62, Number 6 (Thursday, January 9, 1997)]
[Notices]
[Page 1358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-484]
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DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-471X]
South Kansas and Oklahoma Railroad, Inc.; Abandonment Exemption;
in Sumner County, KS
South Kansas and Oklahoma Railroad, Inc. (SKO) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 9.2-mile portion of its line of railroad between milepost
257.2, at Oxford, and milepost 266.4, near Wellington, in Sumner
County, KS.
SKO 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 in over 3 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 (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 February 8, 1997, 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 3
must be filed by January 21, 1997. Petitions to reopen or requests for
public use conditions under 49 CFR 1152.28 must be filed by January 29,
1997, with: Office of the Secretary, Case Control Branch, Surface
Transportation Board, 1201 Constitution Avenue, N.W., Washington, DC
20423.
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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 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\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\3\ The Board will accept late-filed trail use requests as long
as the abandonment has not been consummated and the abandoning
railroad is willing to negotiate an agreement.
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A copy of any petition filed with the Board should be sent to
applicant's representative: Karl Morell, Ball Janik LLP, 1455 F St.,
N.W., Suite 225, Washington, DC 20005.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
SKO has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by
January 14, 1997. Interested persons may obtain a copy of the EA by
writing to SEA (Room 3219, Surface Transportation Board, Washington, DC
20423) or by calling Elaine Kaiser, Chief of SEA, at (202) 927-6248.
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.
Decided: January 3, 1997.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-484 Filed 1-8-97; 8:45 am]
BILLING CODE 4915-00-P
