[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Notices]
[Page 9743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5695]
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DEPARTMENT OF TRANSPORTATION
\1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109
Stat. 803 (the Act), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce
Commission (ICC) and transferred certain functions to the Surface
Transportation Board (Board). This notice relates to functions that
are subject to Board jurisdiction pursuant to 49 U.S.C. 10903.
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[STB Docket No. AB-406 (Sub-No. 5X)]
Central Kansas Railway, Limited Liability Company--Abandonment
Exemption--in Clark and Comanche Counties, KS
Central Kansas Railway, Limited Liability Company (CKR) 2 has
filed a notice of exemption under 49 CFR 1152 Subpart F--Exempt
Abandonments to abandon a 30.3-mile portion of its line of railroad
known as the Englewood Subdivision from milepost 136 at or near
Protection to milepost 166 plus 1846 feet at or near Englewood, in
Clark and Comanche Counties, KS.3
\2\ CKR is a subsidiary of OmniTRAX, Inc., a noncarrier holding
company. OmniTRAX was authorized to control CKR, pursuant to the
notice of exemption 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).
\3\ Pursuant to 49 CFR 1152.50(d)(2), the railroad must file a
verified notice with the Board 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 April
8, 1996. Because the verified notice was not filed until February
20, 1996, however, consummation should have not been proposed to
take place prior to April 10, 1996. Applicant's representative has
been contacted and informed of the correct consummation date.
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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 such user) regarding cessation of service over the line
either is pending with the 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 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. 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 April 10, 1996, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,4
formal expressions of intent to file an OFA under 49 CFR
1152.27(c)(2),5 and trail use/rail banking requests under 49 CFR
1152.29 6 must be filed by March 21, 1996. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by April 1, 1996, with: Office of the Secretary, Case Control Branch,
Surface Transportation Board, 1201 Constitution Avenue, NW.,
Washington, DC 20423.
\4\ 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.
\5\ See Exempt. of Rail Abandonment--Offers of Finan. Assist., 4
I.C.C.2d 164 (1987).
\6\ The Board will accept late-filed trail use requests so 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: Michael J. Ogborn, Manager, Central Kansas
Railway, Limited Liability Company, 252 Clayton Street, 4th Floor,
Denver, CO 80206.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
CKR has filed an environmental report which addresses the
abandonments effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by March 15, 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: February 29, 1996.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-5695 Filed 3-8-96; 8:45 am]
BILLING CODE 4915-00-P
