Kansas City West Bottoms Railroad, LLC-Operation Exemption With Interchange Commitment-Union Pacific Railroad Company, 9943 [2025-02789]

Download as PDF Federal Register / Vol. 90, No. 32 / Wednesday, February 19, 2025 / Notices made pursuant to delegated authority on or before March 12, 2025. It is further ordered that the automatic stay of delegated action pursuant to Commission Rule of Practice 431(e) is hereby discontinued. The order disapproving the proposed rule change (File No. SR–NASDAQ– 2024–016) shall remain in effect. By the Commission. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2025–02758 Filed 2–18–25; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36834] Kansas City West Bottoms Railroad, LLC—Operation Exemption With Interchange Commitment—Union Pacific Railroad Company ddrumheller on DSK120RN23PROD with NOTICES1 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. 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 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. VerDate Sep<11>2014 18:07 Feb 18, 2025 Jkt 265001 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 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 www.stb.gov. 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 SURFACE TRANSPORTATION BOARD [Docket No. FD 36835] OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC, and Jaguar Rail Holdings, LLC— Continuance in Control Exemption— Kansas City West Bottoms Railroad, LLC OPSEU Pension Plan Trust Fund (OPTrust), Jaguar Transport Holdings, LLC (JTH), and Jaguar Rail Holdings, LLC (JRH, and collectively with OPTrust and JTH, Jaguar), each a noncarrier, have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue 2 KCWB filed a copy of the agreement under seal with the verified notice. See 49 CFR 1150.33(h)(1). PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 9943 in control of Kansas City West Bottoms Railroad, LLC (KCWB), upon KCWB’s becoming a Class III rail carrier. The verified notice states that KCWB is a directly controlled holding of JRH, which is directly controlled by JTH, which is indirectly controlled by OPTrust. Jaguar collectively controls ten Class III rail carriers.1 This transaction is related to a concurrently filed verified notice of exemption in Kansas City West Bottoms Railroad, LLC—Operation Exemption with Interchange Commitment—Union Pacific Railroad Company, Docket No. FD 36834, in which KCWB seeks Board approval to lease and operate approximately 1.25 miles of rail line owned by Union Pacific Railroad Company (UP) in Kansas City, Jackson County, Mo., and Kansas City, Wyandotte County, Kan., replacing the line’s current operator, UP. Jaguar represents that its control of KCWB upon KCWB’s becoming a rail common carrier is not a transaction where: (1) KCWB would connect with any railroads in Jaguar’s corporate family; (2) Jaguar plans through the continuance of control of KCWB (once KCWB becomes a common carrier) to connect KCWB to any of the railroads in Jaguar’s corporate family, or to connect any of those railroads to one another; and (3) a Class I carrier is involved. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2). Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Accordingly, because this transaction involves Class III rail carriers only, the Board may not impose labor protective conditions here. The earliest this transaction may be consummated is March 5, 2025, the effective date of the exemption. If the verified notice contains false or misleading information, the exemption 1 Those carriers are, and the states in which they operate, are: (1) Southwestern Railroad, Inc.—New Mexico, Texas, and Oklahoma; (2) Texas & Eastern Railroad, LLC—Texas; (3) Wyoming and Colorado Railroad, Inc. (which also does business under the name Oregon Eastern Railroad)—Oregon; (4) Missouri Eastern Railroad, LLC—Missouri; (5) Charlotte Western Railroad, LLC—North Carolina; (6) Kinston Railroad, LLC—North Carolina; (7) Waterloo Railroad, LLC—Iowa; (8) Cimarron Valley Railroad, L.C.—Kansas, Colorado, and Oklahoma; (9) Washington Eastern Railroad, LLC— Washington; and (10) West Memphis Base Railroad, L.L.C.—Arkansas. E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

[Federal Register Volume 90, Number 32 (Wednesday, February 19, 2025)]
[Notices]
[Page 9943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
---------------------------------------------------------------------------

    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 www.stb.gov.

    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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