[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Notices]
[Pages 55282-55283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26945]
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INTERSTATE COMMERCE COMMISSION
[Docket No. AB-406 (Sub-No. 4X)]
Central Kansas Railway, Limited Liability Company--Abandonment
Exemption--in Harper County, KS
Central Kansas Railway, Limited Liability Company (CKR) has filed a
notice of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 9-mile portion of its H & S Subdivision between milepost 59.7
at or near Harper and milepost 68.7 at or near Anthony, in Harper
County, KS.1 CKR proposes to consummate the abandonment on or
after November 29, 1995.2
\1\ CKR is a subsidiary of OmniTRAX, Inc. (OmniTRAX), a
noncarrier holding company. Notice of a corporate family
reorganization was given by the Commission in Patrick D. Broe, The
Broe Companies, The Great Western Railway Company, Railco Inc.,
Chicago West Pullman Transportation Corp., et al.--Corporate Family
Reorganization Exemption, Finance Docket No. 32531 (ICC served July
12, 1994). Under the reorganization, OmniTRAX was authorized to
control 11 rail carriers and Patrick D. Broe was authorized to
continue to control OmniTRAX.
\2\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Commission at least 50 days before the
abandonment or discontinuance is to be consummated. The applicant,
in its verified notice, indicated a proposed consummation date of
October 15, 1995. Because the verified notice was not filed until
October 10, 1995, consummation should not have been proposed to take
place before November 29, 1995. Applicant's representative has
subsequently agreed that the proposed consummation date is on or
after November 29, 1995.
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CKR has certified that: (1) no local traffic has moved over the
line for at least 2 years; (2) any 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
[[Page 55283]]
such user) regarding cessation of service over the line either is
pending with the Commission or with any U.S. District Court or has been
decided in favor of the 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 use of 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. 10505(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 29, 1995, 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 5 must be filed by November 9, 1995. Petitions to reopen
or requests for public use conditions under 49 CFR 1152.28 must be
filed by November 20, 1995, with: Office of the Secretary, Case Control
Branch, Interstate Commerce Commission, Washington, DC 20423.
\3\ A stay will be issued routinely by the Commission in those
proceedings where an informed decision on environmental issues
(whether raised by a party or by the Commission's Section of
Environmental Analysis in its independent investigation) cannot be
made prior to the effective date of the notice of exemption. See
Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any
entity seeking a stay on environmental concerns is encouraged to
file its request as soon as possible in order to permit the
Commission to review and act on the request before the effective
date of this exemption.
\4\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\5\ The Commission will accept a late-filed trail use request as
long as it retains jurisdiction to do so.
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A copy of any pleading filed with the Commission should be sent to
applicant's representative: Michael J. Ogborn, 252 Clayton St., 4th
Floor, Denver, CO 80206.
If the notice of exemption contains false or misleading
information, the exemption is void ab initio.
CKR has filed an environmental report which addresses the
abandonment's effects, if any, on the environmental and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by November 3, 1995. Interested persons
may obtain a copy of the EA by writing to SEA (Room 3219, Interstate
Commerce Commission, 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 is
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 24, 1995.
By the Commission, Joseph H. Dettmar, Acting Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-26945 Filed 10-27-95; 8:45 am]
BILLING CODE 7035-01-P
