[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14576-14577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2717]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[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.

    Kansas City Transportation Company LLC (KCTL), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to acquire by 
lease from Kansas City Terminal Railway Company (KCT) approximately 
25.73 miles of rail line in the Kansas City Terminal District in 
Jackson County, MO, and Wyandotte County, KS. KCTL also 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 (KCS) which are leased to KRR. KCTL, a wholly owned 
subsidiary of KCT, states that it expects to enter into one or more 
agreements with contract operators, but that it will retain the common 
carrier obligation.\1\
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    \1\ Under 49 U.S.C. 10902 and the Board's rules at 49 CFR 
1150.31, if KCTL elects to enter into agreements with contract 
operators, the operators must file a request with the Board for 
authority prior to commencing operations.
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    The lines KCTL seeks to acquire by lease are: all leads and tracks 
connecting to the KCT Joint Track, including KCT Main 1 west of Osage 
Ave. to 12th Street in Kansas City, KS; KCT Main 2 west of Osage Ave. 
to Kansas Ave. in Kansas City, KS; KCT's Blue River Yard (KCT track 
nos. 402-405 and 933) and KCT's Mill Street Yard (KCT track nos. 1010-
1018, 1020-1023, and 1030-1047) and certain other KCT leads and tracks 
(KCT track nos. 90, 109, 238, 243, 450, 451, 604, 610, 650, 664, 666, 
276W, 278W, 280W, 4031, 4033, 4350, 4364, 4653, 4709, 5800, 5538, 1063, 
1070, 1091, 6108, 6109, 6411, 6428 and 6481, and KCT's rights over 
Procter & Gamble's plant tracks).
    The lines that KCTL seeks to acquire by assignment are: (i) The 
leads and tracks located (a) between the facilities of Inland Container 
on Kansas Avenue in Kansas City, KS, and the facilities of Constar 
Plastics, Inc., on Armourdale Parkway in Kansas City, KS, and (b) 
between the facilities of Lite-Weight Products, Inc., on Kansas Avenue 
in Kansas City, KS, and the facilities of Ace Pallet on Argentine 
Boulevard in Kansas City, KS, (ii) KCS's 12th Street yard located south 
of 12th Street in Kansas City, MO, and (iii) KCS's Armourdale Yard, 
located near the facilities of Kaw River Shredding on South 12th Street 
in Kansas City, KS.
    KCTL states that there are no milepost designations associated with 
the rail lines being leased or assigned. The total length of the lines 
is 33.2 track miles (including yard tracks), including 7.5 miles of KCS 
tracks incidental to the principal transaction. KCTL will also have 
incidental rights over the KCT Joint Tracks for continued access to the 
tracks and interchange locations. Interchange with Union Pacific 
Railroad Company, BNSF Railway Company, KCS, Norfolk Southern Railway 
Company, and Iowa, Chicago and Eastern Railroad Corporation will 
continue at points in and around Kansas City where KRR and KCS have 
interchanged, or as otherwise agreed to by KCTL and the other railroads 
involved.
    This transaction is related to STB Finance Docket No. 34831, Kansas 
City Terminal Railway Company--Intra-Corporate Exemption--Kansas City 
Transportation Company LLC, wherein KCT seeks to continue in control of 
KCTL upon KCTL's becoming a Class III rail carrier.\2\
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    \2\ 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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    KCTL certifies that its projected revenues will not result in the 
creation of a Class II or Class I rail carrier, and that its projected 
annual revenues will not exceed $5 million.
    The transaction was expected to be consummated on March 1, 2006, 
the effective date of the exemption (7 days after the exemption was 
filed).
    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. 34830, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each

[[Page 14577]]

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. 06-2717 Filed 3-21-06; 8:45 am]
BILLING CODE 4915-01-P