[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Notices]
[Pages 31751-31752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14633]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34030]


Kansas & Oklahoma Railroad, Inc.--Acquisition Exemption--Central 
Kansas Railway, L.L.C.

    Kansas & Oklahoma Railroad, Inc. (K&O), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire and 
operate approximately 678 miles of rail lines in the State of Kansas 
from the Central Kansas Railway, L.L.C. (CKR). K&O will also acquire, 
by assignment from CKR, the lease of approximately 225 miles of rail 
lines in the States of Kansas and Colorado that are owned by the Union 
Pacific Railroad Company (UP). In addition, K&O will acquire, by 
assignment from CKR, incidental trackage rights over seven segments of 
rail line in the State of Kansas owned by the UP and The Burlington 
Northern and Santa Fe Railway Company (BNSF).
    K&O will acquire from CKR the following rail lines located in the 
State of Kansas:
    (1) The Salina Subdivision rail line between milespost 20 + 492 
feet, at Salina, and milepost 103.34, at Osborne;
    (2) The Scott City Subdivision rail line between milepost 0.0, at 
Great Bend, and milepost 120 + 1338.7 feet, at Scott City;
    (3) The Garden City Subdivision rail line between milepost 120 + 
169 feet, at Scott City, and milespost 125 + 4687 feet, at Shallow 
Water;
    (4) The Great Bend Subdivision and Garfield Industrial Spur rail 
lines between milepost 218.3288, east of Monroe Street at Hutchinson, 
and milepost 303.0, at Garfield;
    (5) The Jetmore Subdivision rail line between milepost 0.0, at 
Larned, and milepost 46 + 2483.5 feet, at Jetmore;
    (6) The Wichita Subdivision rail line (a) between milepost 0.0 and 
3.5 at Wichita, and (b) between milepost 19.5, at Garden Plain, and 
milepost 79 + 3855 feet, at Pratt;
    (7) The Englewood Subdivision rail line between milepost 46.0, east 
of Rago, and milepost 136, at Protection;
    (8) The McPherson Subdivision rail line (a) between milepost 43.8, 
at McPherson, and milepost 58.0, west of Conway, and (b) between 
milepost 77.4, at Lyons, and milepost 98 + 1209.5 feet, at Ellinwood;
    (9) The Geneseo Subdivision rail line between milepost 572.677, on 
the east leg of the wye and 1213 feet of the west leg of the wye, at 
Geneseo, and milepost 550.5, at ST Junction;
    (10) The Hutchinson Subdivision rail line between milepost 538.0, 
at Yaggy, and milepost 484.0, at Wichita;
    (11) The Hardtner Subdivision rail line between milepost 485.938, 
at Wichita, and milepost 514.25, at Conway Springs;
    (12) The Stafford Subdivision rail line between milepost 559 + 955 
feet, at Conway Springs, and milepost 583.3, near Belmont; and
    (13) The H&S Subdivision rail line between milepost 31.1, at 
Kingman, and milepost 48.2, at Rago.
    K&O will be assigned by CKR the following: (1) The CKR lease of the 
UP rail line between UP milepost 747.5, at Towner, CO, and UP milepost 
523.02, at Geneseo, KS; and (2) the CKR lease of the rail freight 
easement over the UP rail

[[Page 31752]]

line between milepost 312.65 and milepost 313.38, at Wichita, KS.
    K&O will acquire, by assignment from CKR, incidental overhead 
trackage rights in the State of Kansas over:
    (1) BNSF's Hutchinson Subdivision rail line between milepost 218.3 
and milepost 213 + 4333 feet, at Hutchinson, including BNSF's 
Hutchinson ``Way'' Yard Track Nos. 144, 259, 304, 260, 261, 221, 174, 
172, 171, 241, 220, 169, and 168;
    (2) BNSF's rail line between milepost 56.6 and milepost 60.2, at 
Abilene;
    (3) BNSF's rail line between milepost 184.3 and milepost 190.0, at 
Newton;
    (4) UP's rail line between milepost 487.1, at Newton, and milepost 
518, at McPherson, including the segment of track extending about 116 
feet in a southerly direction from milepost 487.1, and including UP's 
Siding Track No. 6, at Hesston, and Siding Track No. 1, at Moundridge;
    (5) UP's rail line between milepost 164.05, at Abilene, and 
milepost 184.56, at Salina;
    (6) UP's rail line between milepost 246.46 and milepost 243.56, at 
Hutchinson; and
    (7) UP's rail line between milepost 182.0 and milepost 187.2, at 
Salina.
    Because the projected revenues of the rail lines to be operated 
will exceed $5 million, K&O certified to the Board, on April 2, 2001, 
that the required notice of its rail line acquisition was posted at the 
workplace of the employees on the affected lines on April 2, 2001. 
According to K&O's certification, it served a copy of the notice on the 
national office of the United Transportation Union, the only labor 
union with employees on the affected lines. See 49 CFR 1150.32(e). The 
transaction was scheduled to be consummated on or shortly after June 1, 
2001.
    The transaction is related to two concurrently filed verified 
notices on exemption: STB Finance Docket No. 34042, Watco Companies, 
Inc.--Continuance in Control Exemption--Kansas & Oklahoma Railroad, 
Inc., wherein Watco Companies, Inc. seeks to continue in control of K&O 
upon K&O's becoming a Class III rail carrier; and STB Finance Docket 
No. 34047, Kansas & Oklahoma Railroad, Inc.-- Trackage Rights 
Exemption--Central Kansas Railway, L.L.C., wherein K&O seeks to acquire 
temporary overhead trackage rights over CKR's 16-mile rail line in the 
State of Kansas.
    In the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to revoke will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34030 must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423--0001. In addition, a copy of each pleading must 
be served on Karl Morell, Esq., Ball Janik LLP, 1455 F Street, NW., 
Suite 225, Washington, DC 20005.
    Board decisions and notices are available on our website at 
www.stb.dot.gov.

    Decided: June 5, 2001.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-14633 Filed 6-11-01; 8:45 am]
BILLING CODE 4915-00-M