[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Notices]
[Pages 21102-21103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08690]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35015 (Sub-No. 1)]


Kaw River Railroad, LLC--Lease Exemption With Interchange 
Commitment--BNSF Railway Company

    Kaw River Railroad, LLC (KAW), a Class III railroad, filed a 
verified notice of exemption under 49 CFR 1150.41 to continue to lease 
from BNSF Railway Company (BNSF) and operate 14.66 miles of rail line 
consisting of Tracks 1601 through 1605, including Lead Tracks 1 through 
10 (diverging from Track 1606), and Track 1606 starting at the west end 
from the clearance point on the switch diverging from Track 1502 (the 
Bedford Yard Lines), all located in North Kansas City, Clay County, Mo.

[[Page 21103]]

Kaw also seeks to continue to exercise incidental trackage rights over 
BNSF's 1.52-mile line between Bedford Yard and the Kansas City Southern 
Railway (KCSR) track leading into KCSR's Knoche Yard, via the ASB 
Bridge, also in North Kansas City.
    According to KAW, it has leased the Bedford Yard Lines since 2007. 
See Kaw River R.R.--Lease & Operation Exemption--BNSF Ry., FD 35015 
(STB served Apr. 20, 2007). KAW states that it entered into an 
agreement (Agreement) with BNSF dated December 19, 2020, and amended on 
January 1, 2021, and August 1, 2024, renewing and extending their 
existing arrangement for KAW's lease and operation of the Bedford Yard 
Lines through November 30, 2030, and providing for KAW's continued 
exercise of trackage rights incidental to the lease transaction. 
According to the verified notice, KAW intends to consummate the 
proposed transaction upon the effectiveness of the exemption. KAW 
states that it will continue to provide common carrier freight service 
to all freight shippers located along the Bedford Yard Lines.
    KAW certifies that the Agreement contains an interchange 
commitment.\1\ Accordingly, KAW has provided additional information 
regarding the interchange commitment, as required by 49 CFR1150.43(h).
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    \1\ A copy of the Agreement with the interchange commitment was 
submitted under seal. See 49 CFR 1150.43(h)(1).
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    KAW certifies that its projected revenues as a result of the 
transaction will not exceed those that would qualify it as a Class III 
carrier but 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. However, KAW has 
contemporaneously filed a request for waiver of the 60-day advance 
labor notice requirements. KAW's waiver request will be addressed in a 
separate decision. The Board will establish the effective date of the 
exemption in its decision on the waiver request.
    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 effectiveness of the 
exemption. Petitions for stay must be filed no later than May 23, 2025.
    All pleadings, referring to Docket No. FD 35015 (Sub-No. 1), must 
be filed with the Surface Transportation Board either via e-filing on 
the Board's website or in writing addressed to 395 E Street SW, 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on KAW's representative, Stephen J. Foland, Fletcher & Sippel 
LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606.
    According to KAW, 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).
    Board decisions and notices are available at www.stb.gov.

    Decided: May 9, 2025.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Aretha Laws-Byrum,
Clearance Clerk.
[FR Doc. 2025-08690 Filed 5-15-25; 8:45 am]
BILLING CODE 4915-01-P