[Federal Register Volume 65, Number 150 (Thursday, August 3, 2000)]
[Notices]
[Pages 47821-47822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19781]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33894]


Gateway Western Railway Company--Trackage Rights Exemption--The 
Kansas City Southern Railway Company

    The Kansas City Southern Railway Company (KCS) has agreed to grant 
non-exclusive overhead trackage rights to

[[Page 47822]]

Gateway Western Railway Company (GWWR) \1\ over KCS'' rail line 
extending between milepost 5.59 near Airline Junction, MO, and milepost 
29.49 near Grandview, MO, for a total distance of approximately 23.9 
miles.\2\
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    \1\ KCS and GWWR are commonly controlled and affiliated railroad 
companies. See Kansas City Southern Industries, Inc., KCS 
Transportation Company, and The Kansas City Southern Railway 
Company--Control--Gateway Western Railway Company and Gateway 
Eastern Railway Company, STB Finance Docket No. 33311 (STB served 
May 1, 1997).
    \2\ A redacted version of the trackage rights agreement between 
KCS and GWWR was filed with the notice of exemption. The full 
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii), 
was concurrently filed under seal along with a motion for a 
protective order. A protective order was served July 27, 2000.
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    The purpose of the trackage rights is to allow GWWR to access KCS'' 
new automotive and intermodal facility located at the former Richards 
Gebaur Airport south of Kansas City, avoiding interchange costs and 
delays and allowing enhanced train scheduling and equipment 
utilization.
    The transaction was scheduled to be consummated on or shortly after 
July 26, 2000.
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.-Lease and Operate, 360 I.C.C. 653 
(1980).
    This notice is filed under 49 CFR 1180.2(d)(7). If it contains 
false or misleading information, the exemption is void ab initio. 
Petitions 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. 33894, 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, one copy of each pleading must 
be served on Robert K. Dreiling, Esq., The Kansas City Southern Railway 
Company, 114 West Eleventh Street, Kansas City, MO 64105.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: July 27, 2000.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 00-19781 Filed 8-2-00; 8:45 am]
BILLING CODE 4915-00-P