[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Notices]
[Pages 35424-35425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14326]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34509] \1\


Kaw River Railroad, Inc.--Acquisition and Operation Exemption--
The Kansas City Southern Railway Company

    Kaw River Railroad, Inc. (KRR), a noncarrier, has filed a verified 
notice of exemption under 49 CFR 1150.31 to acquire by: (1) Lease from 
The Kansas City Southern Railway Company (KCS) and operate 
approximately 7.5 miles of rail lines in Kansas City, KS; (2) sublease 
from KCS and operate approximately 4.5 miles of rail lines in Kansas 
City, KS, and Kansas City, MO, that are owned by Kansas City Terminal 
Railway Company (KCT); and (3) assignment from KCS operating authority 
over approximately 6.2 miles of KCT rail lines in order to access the 
leased KCS and KCT trackage.
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    \1\ On May 27, 2004, the Brotherhood of Locomotive Engineers & 
Trainmen, a Division of the Rail Conference, International 
Brotherhood of Teamsters (BLET), filed a petition for stay of the 
transaction. The stay request was denied by decision served on May 
28, 2004. On June 10, 2004, KRR filed a motion for protective order, 
which was granted by decision served June 18, 2004. On June 4 and 
14, 2004, respectively, BLET and the United Transportation Union 
filed petitions to revoke the exemption. The revocation requests 
will be addressed in a separate Board decision.
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    The lines KRR seeks to acquire by lease are: (1) Between the 
facilities of Inland Container located on Kansas Avenue and the 
facilities of Constar Plastics, Inc., located on Armourdale Parkway, in 
Kansas City, KS; (2) between the facilities of Lite-Weight Products, 
Inc. located on Kansas Avenue, and the facilities of Ace Pallet, 
located on Argentine Boulevard, in Kansas City, KS; (3) KCS's 12th 
Street Yard located south of 12th Street in Kansas City, MO; and (4) 
KCS's Armourdale Yard, located near the facilities of Kaw River 
Shredding on South 12th Street, in Kansas City, KS.
    The KCT-owned lines KRR seeks to acquire by sublease are: (1) 
Between the facilities of Kansas City Star, located on Grand Boulevard, 
and a point near Pennsylvania Avenue in Kansas City, MO; (2) between 
the facilities of Proctor and Gamble Mfg., Co., located on Kansas 
Avenue, and Osage Avenue, near the facilities of Constar Plastics, 
Inc., in Kansas City, KS; and (3) KCT's Mill Street Yard, located 
between Mill Street and South 12th Street, in Kansas City, KS.
    The KCT-owned main lines over which KRR seeks to acquire the 
assignment of operating authority are as follows: (1) Between milepost 
4.0, near Grand Avenue, and KCS's 12th Street Yard, located south of 
12th Street, in Kansas City, MO; (2) between a point near the Kansas-
Missouri State line and the facilities of Thomas & Associates Wholesale 
Lumber on Shawnee Avenue in Kansas City, KS; and (3) between Osage 
Avenue, near the facilities of Constar Plastics, Inc., and the 
facilities of Thomas & Associates Wholesale Lumber.\2\
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    \2\ KRR states that there are no milepost designations 
associated with the rail lines it seeks to lease and sublease. As to 
the rail lines over which it seeks operating authority, there is one 
milepost designation (milepost 4.0 near Grand Avenue and KCS's 12th 
Street Yard). Other than the specified milepost, there are no 
milepost designations associated with the rail lines over which it 
seeks operating authority.
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    This transaction is related to STB Finance Docket No. 34510, Watco 
Companies, Inc.--Continuance in Control Exemption--Kaw River Railroad, 
Inc., wherein Watco Companies, Inc., seeks to continue in control of 
KRR upon KRR's becoming a Class III rail carrier.
    KRR certifies that its projected revenues as a result of this 
transaction will not result in KRR becoming a Class II or Class I rail 
carrier, and further certifies that its projected annual revenues will 
not exceed $5 million.
    KRR indicates that it expected to consummate the transaction on or 
shortly after June 1, 2004.
    If the notice 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. 34509, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-

[[Page 35425]]

0001. In addition, one copy of each pleading must be served on Karl 
Morell, Suite 225, 1455 F St., NW., Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
WWW.STB.DOT.GOV.

    Decided: June 18, 2004.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 04-14326 Filed 6-23-04; 8:45 am]
BILLING CODE 4915-01-P