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Kansas & Oklahoma Railroad, Inc.--Abandonment Exemption--in Rice County, KS

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 [Federal Register: May 10, 2006 (Volume 71, Number 90)]
[Notices]
[Page 27314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my06-121]

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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB-853 (Sub-No. 3X)]

Kansas & Oklahoma Railroad, Inc.--Abandonment Exemption--in Rice County, KS

    Kansas & Oklahoma Railroad, Inc. (KO), has filed a notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to abandon 
its 6-mile line of railroad between milepost 85.0, at Chase, and 
milepost 91.0 at Silica, in Rice County, KS. The line traverses United 
States Postal Service Zip Codes 67524 and 67573.\1\
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    \1\ Atlantic & Pacific Transportation Company (APR) was granted 
an exemption to lease and operate an approximately 4-mile portion of 
the line that extends from approximately milepost 87.0 (at or near 
Chase, KS), to approximately milepost 91.0 (at or near Silica, KS), 
in Atlantic & Pacific Railroad and Transportation Company--Lease and 
Operation Exemption--Kansas & Oklahoma Railroad, STB Finance Docket 
No. 34451 (STB served July 20, 2004).
    APR filed a petition for exemption to discontinue service over 
the 4-mile portion of the line. Notice of the filing was served on 
March 22, 2006, and published in the Federal Register on March 23, 
2006 (71 FR 147709). KO may not consummate abandonment until APR 
receives authority or an exemption to discontinue its service over 
that portion of the line.
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    KO has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) any overhead traffic can be 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 June 9, 
2006, unless stayed pending reconsideration. Petitions to stay that do 
not involve environmental issues,\2\ formal expressions of intent to 
file an OFA under 49 CFR 1152.27(c)(2),\3\ and trail use/rail banking 
requests under 49 CFR 1152.29 must be filed by May 22, 2006. Petitions 
to reopen or requests for public use conditions under 49 CFR 1152.28 
must be filed by May 30, 2006, with: Surface Transportation Board, 1925 
K Street, NW., Washington, DC 20423-0001.
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    \2\ 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 (SEA) 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.
    \3\ Each offer of financial assistance must be accompanied by 
the filing fee which as of April 19, 2006, is set at $1,300. See 
Regulations Governing Fees for Services Performed in Connection with 
Licensing and Related Services--2006 Update, STB Ex Parte No. 542 
(Sub-No. 13) (STB served Mar. 20, 2006). See 49 CFR 1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to 
applicant's representative: Karl Morell, 1455 F St., NW., Suite 225, 
Washington, DC 20005.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    K&O has filed an environmental report which addresses the effects, 
if any, of the abandonment on the environment and historic resources. 
SEA will issue an environmental assessment (EA) by May 15, 2006. 
Interested persons may obtain a copy of the EA by writing to SEA (Room 
500, Surface Transportation Board, Washington, DC 20423-0001) or by 
calling SEA, at (202) 565-1539. [Assistance for the hearing impaired is 
available through the Federal Information Relay Service (FIRS) at 1-
800-877-8339.] 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.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), KO shall file a 
notice of consummation with the Board to signify that it has exercised 
the authority granted abandoned its 6-mile line. Pursuant to the same 
provisions, KO shall file a notice of consummation with the Board to 
signify that it has exercised the authority granted to it to fully 
consummate the abandonment of the line after APR receives authority or 
an exemption to discontinue service over portion of the line between 
mileposts 87.0 and 91.0. If consummation has not been effected by KO's 
filing of a notice of consummation by May 10, 2007, and there are no 
legal or regulatory barriers to consummation, the authority to abandon 
will automatically expire.\4\
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    \4\ KO shall serve a copy of this notice on APR within 5 days 
after its publication, and certify to the Board that it has done so.
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    Board decisions and notices are available on our Web site at 
http://www.stb.dot.gov. Exit Disclaimer

    Decided: May 3, 2006.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6-6998 Filed 5-9-06; 8:45 am]
BILLING CODE 4915-01-P

 
 

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