[Federal Register Volume 72, Number 212 (Friday, November 2, 2007)]
[Notices]
[Pages 62305-62306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21570]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35085]


Kansas City Transportation Company LLC--Lease and Operation 
Exemption--Kansas City Terminal Railway Company

    Kansas City Transportation Company LLC (KCTL), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 1150.41 
to lease from Kansas City Terminal Railway Company (KCT) and operate 
approximately 5.5 miles of rail line from milepost 5.78 near Sheffield 
Junction to the end of the line at milepost 11.23 near Blue Valley, in 
Jackson County, MO.
    This transaction is related to the concurrently filed notice of 
exemption in STB Finance Docket No. 35084, Kansas City Terminal Railway 
Company--Acquisition Exemption--BNSF Railway Company, wherein KCT, the 
owner of KCTL, seeks to acquire by purchase from BNSF Railway Company 
the 5.5 miles of rail line described above.
    Based on projected revenues for the line, KCTL expects to remain a 
Class III

[[Page 62306]]

rail carrier after consummation of the proposed transaction. KCTL 
certifies that its projected annual revenues as a result of this 
transaction will not result in the creation of a Class II or Class I 
rail carrier. Because the projected annual revenues of the line, 
together with KCTL's projected annual revenue, will exceed $5 million, 
KCTL certified, on September 21, 2007, that it had served the required 
notice of the transaction on the national offices of the labor unions 
for those employees affected on the lines and posted such notice at the 
workplace of the employees on the affected lines on September 20, 2007.
    KCTL states that it intends to consummate the transaction on 
November 20, 2007. The earliest this transaction may be consummated is 
November 20, 2007, (the effective date of the exemption (60 days after 
KCTL certified its compliance with the labor notice requirements of 49 
CFR 1150.42(e))).
    KCTL also states that, upon authorization of this transaction, it 
plans to enter into a service agreement with Kaw River Railroad, Inc. 
(Kaw River), under which Kaw River would provide certain railroad 
operating services on this 5.5-mile line. KCTL states that Kaw River is 
not seeking separate authority to operate as a common carrier over the 
line. In publishing this notice, the Board takes no position on whether 
Kaw River would need to obtain Board authority to provide services 
pursuant to this agreement with KCTL. Given the Board's conclusions in 
Kansas City Transportation Company LLC--Lease and Assignment of Lease 
Exemption--Kansas City Terminal Railway Company and Kaw River Railroad, 
Inc., STB Finance Docket No. 34830 (STB served May 23, 2007), and 
KCTL's recognition of those conclusions in this proceeding, Kaw River 
should file a notice of exemption to operate pursuant to the agreement 
and simultaneously file a motion to dismiss if it believes that 
authority is not needed.
    If the verified 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. 
Petitions for stay must be filed no later than November 13, 2007 (at 
least 7 days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35085, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on Michael J. Barron, Jr., 
Fletcher & Sippel LLC, 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: October 30, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-21570 Filed 11-1-07; 8:45 am]
BILLING CODE 4915-01-P