South Kansas and Oklahoma Railroad, Inc.Abandonment Exemption in Neosho and Wilson Counties, KS

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-471 (Sub-No. 1X)]

South Kansas and Oklahoma Railroad, Inc.--Abandonment Exemption--

in Neosho and Wilson Counties, KS

South Kansas and Oklahoma Railroad, Inc. (SKO) has filed a notice

of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to

abandon a 19-mile portion of its line of railroad between milepost

130.0, near Chanute, and milepost 149.0, near Fredonia, in Neosho and

Wilson Counties, KS. The line traverses United States Postal Service

Zip Codes 66720, 66714, 66726 and 66710.

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 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 22, 1997, 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 3 must be filed by June 2, 1997. Petitions to

reopen or requests for public use conditions under 49 CFR 1152.28 must

be filed by June 12, 1997, with: Office of the Secretary, Case Control

Unit, Surface Transportation Board, 1925 K Street, N.W., 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 $900. See 49 CFR

1002.2(f)(25).

\3\ The Board will accept late-filed trail use requests as 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: Karl Morel, Ball Janik LLP, 1455 F St.,

N.W., 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 May 28, 1997. 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

[[Page 28534]]

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 May 23, 1998, and there are no legal or regulatory

barriers to consummation, the authority to abandon will automatically

expire.

Decided: May 15, 1997.

By the Board, David M. Konschnik, Director, Office of

Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97-13632 Filed 5-22-97; 8:45 am]

BILLING CODE 4915-00-P