[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Page 2048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-734]



Surface Transportation Board

[STB Docket No. AB-406 (Sub-No. 14X)]

Central Kansas Railway, L.L.C.--Abandonment Exemption--in 
Sedgwick County, KS

    On December 21, 2000, Central Kansas Railway, L.L.C. (CKR), filed 
with the Surface Transportation Board (Board) a petition under 49 
U.S.C. 10502 for exemption from the provisions of 49 U.S.C. 10903-10905 
to abandon a line of railroad extending between milepost 19.5 near 
Garden Plain, KS, and milepost 3.5 southeast of the grade crossing at 
McCormick Avenue in Wichita, KS, a distance of 16 miles in Sedgwick 
County, KS. The line traverses U.S. Postal Service Zip Codes 67050, 
67201-67220, 67221, 67223, 67226, 67227, 67228, 67230, 67231, 67232, 
67233, 67235, 67236, 67251, 67256, 67257, 67259, 26760, 67275, 67276, 
67277, and 67278, and includes no stations.
    In addition to an exemption from 49 U.S.C. 10903, petitioner seeks 
exemption from 49 U.S.C. 10904 (offer of financial assistance 
procedures) and 49 U.S.C. 10905 (public use conditions). In support, 
CKR contends that exemption from these provisions is necessary because 
the City of Wichita, the County of Sedgwick , and the State of Kansas 
have developed various plans for flood control, redesign of a highway 
interchange, development of a green way, and removal of crossings to 
enhance safety, all of which are dependent on abandonment of the line. 
These entities want to obtain the right-of-way after abandonment for 
the valid public purposes discussed above. Petitioner further asserts 
that there is no overriding public need here for continued rail 
service. These requests will be addressed in the final decision.
    The line does not contain federally granted rights-of-way. Any 
documentation in the railroad's possession will be made available 
promptly to those requesting it.
    The interest of railroad employees will be protected by the labor 
protective conditions imposed in Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979).
    By issuing this notice, the Board is instituting an exemption 
proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be 
issued by April 10, 2001.
    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
the petition for exemption. Each offer must be accompanied by a $1,000 
filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following abandonment 
of rail service and salvage of the line, the line may be suitable for 
other public use, including interim trail use. Any request for a public 
use condition under 49 CFR 1152.28 or for trail use/rail banking under 
49 CFR 1152.29 will be due no later than January 30, 2001. Each trail 
use request must be accompanied by a $150 filing fee. See 49 CFR 
    All filings in response to this notice must refer to STB Docket No. 
AB-406 (Sub-No. 14X) and must be sent to: (1) Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW., 
Washington, DC 20423-0001, and (2) Karl Morell, Ball Janik LLP, 1455 F 
Street, NW., Suite 225, Washington, DC 20005. Replies to the CKR 
petition are due on or before January 30, 2001.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR 1152. Questions concerning environmental issues may be 
directed to the Board's Section of Environmental Analysis (SEA) at 
(202) 565-1545 (TDD for the hearing impaired is available at 1-800-877-
    An environmental assessment (EA) (or environmental impact statement 
(EIS), if necessary) prepared by SEA will be served upon all parties of 
record and upon any agencies or other persons who commented during its 
preparation. Other interested persons may contact SEA to obtain a copy 
of the EA (or EIS). EAs in these abandonment proceedings normally will 
be made available within 60 days of the filing of the petition. The 
deadline for submission of comments on the EA will generally be within 
30 days of its service.
    Board decisions and notices are available on our website at http://WWW.STB.DOT.GOV.

    Decided: January 4, 2001.

    By the Board, David M. Konschnik. Director, Office of 
Vernon A. Williams,
[FR Doc. 01-734 Filed 1-9-01; 8:45 am]