[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Page 14577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2716]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34831]
Kansas City Terminal Railway Company--Intra-Corporate Exemption--
Kansas City Transportation Company LLC
Kansas City Terminal Railway Company (KCT) has filed a verified
notice of exemption under 49 CFR 1180.2(d)(3) for a transaction within
a corporate family. The transaction involves KCT's continuance in
control of its wholly owned subsidiary Kansas City Transportation
Company LLC (KCTL), upon KCTL's becoming a Class III rail carrier.
This transaction is related to STB Finance Docket No. 34830, Kansas
City Transportation Company LLC--Lease and Assignment of Lease
Exemption--Kansas City Terminal Railway Company and Kaw River Railroad,
Inc.,\1\ wherein KCTL: (1) seeks to acquire by lease from KCT
approximately 25.73 miles of rail line in the Kansas City Terminal
District in Jackson County, MO, and Wyandotte County, KS; and (2) seeks
to acquire by assignment from Kaw River Railroad, Inc. (KRR) the
operating and lease rights over all tracks owned by KCT which are
currently subleased to KRR, and over all tracks owned by The Kansas
City Southern Railway Company which are leased to KRR.
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\1\ On February 27, 2006, the Brotherhood of Locomotive
Engineers and Trainmen, a Division of the Rail Conference,
International Brotherhood of Teamsters, filed a petition for a stay
of the transactions encompassed by both notices of exemption. The
stay request was denied by decision served on February 28, 2006.
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The transaction was expected to be consummated on March 1, 2006,
the effective date of the exemption (7 days after the exemption was
filed).
KCT states that this is an intra-corporate family transaction that
will not result in adverse changes in service levels, significant
operational changes, or a change in the competitive balance with
carriers outside the corporate family. Therefore, the transaction is
exempt from the prior approval requirements of 49 U.S.C. 11323. See 49
CFR 1180.2(d)(3).
Under 49 U.S.C. 10502(g), the Board may not use its exemption
authority to relieve a rail carrier of its statutory obligation to
protect the interests of its employees. Section 11326(c), however, does
not provide for labor protection for transactions under sections 11324
and 11325 that involve only Class III rail carriers. Accordingly, the
Board may not impose labor protective conditions here, because all of
the carriers involved are Class III carriers.
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. 34831, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one
copy of each pleading must be served on Ronald A. Lane, 29 North Wacker
Drive, Suite 920, Chicago, IL 60606-2832.
Board decisions and notices are available on our Web site at http://www.stb.dot.gov.
Decided: March 14, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-2716 Filed 3-21-06; 8:45 am]
BILLING CODE 4915-01-P