[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Pages 53487-53488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26184]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
[STB Docket No. AB-470X]
Southeast Kansas Railroad Company--Abandonment Exemption--in
Vernon and Barton Counties, MO
Southeast Kansas Railroad Company (SEK) has filed a notice of
exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to
abandon a 24.1-mile portion of its line of railroad between milepost
319.3, at Nassau Junction Station, and milepost 343.4, at or near
Liberal, in Barton and Vernon Counties, MO.
SEK has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) overhead traffic has been rerouted over
other lines; (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 November 10, 1996, 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 October 21, 1996. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by October 31, 1996, with: Office of the Secretary, Case Control
Branch, Surface Transportation Board, 1201 Constitution Avenue, N.W.,
Washington, DC 20423.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
applicant's representative: Karl Morell, Ball Janik
[[Page 53488]]
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.
SEK 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 October 16, 1996. 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: October 4, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-26184 Filed 10-10-96; 8:45 am]
BILLING CODE 4915-00-P
