[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Page 27830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12588]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36310]


Kansas & Oklahoma Railroad, LLC--Operation Exemption--Colorado 
Pacific Railroad, LLC

    Kansas & Oklahoma Railroad, LLC (K&O), a Class III rail carrier, 
has filed a verified notice of exemption under 49 CFR 1150.41 to permit 
K&O to operate approximately 121.9 miles of rail line (the Line) 
between milepost 747.5 near Towner, Colo., and milepost 869.4 near NA 
Junction, Colo., pursuant to an agreement with Colorado Pacific 
Railroad, LLC (CPR).
    K&O states that it is a wholly owned subsidiary of Watco Holdings, 
Inc., and that CPR, a subsidiary of KCVN, LLC, is the current owner of 
the Line. See KCVN, LLC--Feeder Line Application--Line of V & S Ry., 
Located in Crowley, Pueblo, Otero, & Kiowa Ctys., Colo., FD 36005 (STB 
served Dec. 18, 2017). According to K&O, there has been no traffic on 
the Line since 2012.
    K&O states that it has entered into an Operating Agreement with 
CPR. K&O further states that the agreement between K&O and CPR does not 
contain any provision that prohibits K&O from interchanging traffic 
with a third party or limits K&O's ability to interchange with a third 
party.
    K&O certifies that its projected annual revenues as a result of 
this transaction will not result in K&O's becoming a Class II or Class 
I rail carrier, but its projected annual revenues will exceed $5 
million. Pursuant to 49 CFR 1150.42(e), if a carrier's projected annual 
revenues will exceed $5 million, it must, at least 60 days before the 
exemption becomes effective, post a notice of its intent to undertake 
the proposed transaction at the workplace of the employees on the 
affected lines, serve a copy of the notice on the national offices of 
the labor unions with employees on the affected lines, and certify to 
the Board that it has done so. Concurrently with its verified notice, 
however, K&O filed a petition for waiver of the labor notice 
requirements. K&O's waiver request will be addressed in a separate 
decision.
    K&O states that it expects to consummate the transaction on or 
sometime after the effective date of the exemption. The Board will 
establish the effective date in its separate decision on the waiver 
request.
    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 effectiveness of the exemption. 
Petitions for stay must be filed no later than June 21, 2019.
    All pleadings, referring to Docket No. FD 36310, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on K&O's representative, Karl 
Morell, Karl Morell & Associates, 440 1st Street NW, Suite 440, 
Washington, DC 20001.
    According to K&O, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b)(1).
    Board decisions and notices are available at www.stb.gov.

    Decided: June 10, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2019-12588 Filed 6-13-19; 8:45 am]
 BILLING CODE 4915-01-P