Notice2025-02789
Kansas City West Bottoms Railroad, LLC-Operation Exemption With Interchange Commitment-Union Pacific Railroad Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 19, 2025
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 90 Issue 32 (Wednesday, February 19, 2025)</title>
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[Federal Register Volume 90, Number 32 (Wednesday, February 19, 2025)]
[Notices]
[Page 9943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02789]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36834]
Kansas City West Bottoms Railroad, LLC--Operation Exemption With
Interchange Commitment--Union Pacific Railroad Company
Kansas City West Bottoms Railroad, LLC (KCWB), a noncarrier, has
filed a verified notice of exemption pursuant to 49 CFR 1150.31 to
lease from Union Pacific Railroad Company (UP) and operate a line of
railroad consisting of a track running adjacent to and parallel with
UP's KC Metro Big Mary Subdivision between milepost 0.63 and milepost
1.60 in Kansas City, Jackson County, Mo., and Kansas City, Wyandotte
County, Kan. (the Line).\1\ KCWB will also lease and operate the
adjacent State Line Yard Tracks, which it states fall under 49 U.S.C.
10906.
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\1\ KCWB states that the Line is currently UP side track. KCWB
explains that the KC Metro Big Mary Subdivision mileposts are
supplied as approximate cross-references to the terminal points on
the adjacent track that will serve as KCWB's main line. KCWB states
that it also determined that the actual track length of KCWB's
proposed main line will be roughly 1.25 miles in length, rather than
the 0.97 miles suggested by strict application of the milepost
cross-references.
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According to the verified notice, KCWB and UP have reached an
agreement pursuant to which KCWB will lease and operate the Line.
This transaction is related to a concurrently filed verified notice
of exemption in OPSEU Pension Plan Trust Fund, Jaguar Transport
Holdings, LLC, and Jaguar Rail Holdings, LLC--Continuance in Control
Exemption--Kansas City West Bottoms Railroad, Docket No. FD 36835, in
which the filing parties seek to continue in control of KCWB upon
KCWB's becoming a Class III rail carrier.
KCWB certifies that its projected annual revenues from this
transaction will not result in it becoming a Class I or Class II rail
carrier and are not expected to exceed $5 million. KCWB also certifies
that the agreement with UP contains provisions that would limit future
interchange with third-party connecting carriers. KCWB has provided
additional information regarding the interchange commitment, as
required by 49 CFR 1150.33(h).\2\
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\2\ KCWB filed a copy of the agreement under seal with the
verified notice. See 49 CFR 1150.33(h)(1).
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The transaction may be consummated on or after March 5, 2025, the
effective date of the exemption (30 days after the verified notice was
filed).
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 by February 26, 2025.
All pleadings, referring to Docket No. FD 36834, 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
KCWB's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to KCWB, 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 <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: February 13, 2025.
By the Board, Mai T. Dinh, Director, Office of Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2025-02789 Filed 2-18-25; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on February 19, 2025.
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