[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Notices]
[Pages 59891-59892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25756]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-471 (Sub-No. 4X)]


South Kansas and Oklahoma Railroad Co.--Abandonment Exemption--in 
Crawford, Wilson, Elk and Greenwood Counties, KS, and Osage and Tulsa 
Counties, OK

    South Kansas and Oklahoma Railroad Company (SKO) has filed a notice 
of exemption under 49 CFR Part 1152 Subpart F--Exempt Abandonments to 
abandon: (1) a 35-mile line of railroad between milepost 153.0 near 
Tulsa and milepost 188.0 near Barnsdall, in Osage and Tulsa Counties, 
OK; (2) a 6-mile line of railroad between milepost 359.0 at Pittsburg 
and milepost 365.0 at Cherokee, in Crawford County, KS; and (3) a 23.5-
mile line of railroad between milepost 438.5 at Severy and milepost 
415.0 at Fredonia, in Wilson, Elk and Greenwood Counties, KS. The line 
traverses United States Postal Service Zip Codes 74126, 74073, 74070, 
74001, 74002, 66762, 66724, 67137, 67047, 66759 and 66736.
    SKO 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

[[Page 59892]]

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 
7, 2000, 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 must be filed by October 16, 2000. 
Petitions to reopen or requests for public use conditions under 49 CFR 
1152.28 must be filed by October 26, 2000, with: Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
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\ Each offer of financial assistance must be accompanied by 
the filing fee, which currently is set at $1000. 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, Ball Janik LLP, 1455 F St., 
NW, 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 October 11, 2000. Interested persons 
may obtain a copy of the EA by writing to SEA (Room 500, Surface 
Transportation Board, Washington, DC 20423) or by calling SEA, at (202) 
565-1545. 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), SKO shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the line. If 
consummation has not been effected by SKO's filing of a notice of 
consummation by October 6, 2001, and there are no legal or regulatory 
barriers to consummation, the authority to abandon will automatically 
expire.

    Decided: September 29, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-25756 Filed 10-5-00; 8:45 am]
BILLING CODE 4915-00-P