[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Notices]
[Pages 52574-52575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25315]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 33780]
The Kansas City Southern Railway Company--Trackage Rights
Exemption--Gateway Western Railway Company and Gateway Eastern Railway
Company
Gateway Western Railway Company and Gateway Eastern Railway Company
(collectively, Gateway) have agreed to grant local and overhead
trackage rights to The Kansas City Southern Railway Company (KCS)
1 over track structures, including sidings, related yard
facilities and industry tracks, extending: (1) between Kansas City, MO,
and East St. Louis, IL; and (2) between Roodhouse, IL, and Springfield,
IL, for a total distance of approximately 478 miles.2 The
purpose of the trackage rights is to allow KCS to market ``seamless''
rail service over the KCS system and Gateway's, avoiding interchange
costs and delays and allowing enhanced train scheduling and equipment
utilization. The transaction was initially scheduled to be consummated
on or after July 21, 1999, the effective date of the exemption (7 days
after the exemption was filed).3
---------------------------------------------------------------------------
\1\ KCS and Gateway are commonly controlled and affiliated
railroad companies. See Kansas City Southern Industries, Inc., KCS
Transportation Company, and The Kansas City Southern Railway
Company--Control--Gateway Western Railway Company and Gateway
Eastern Railway Company, STB Finance Docket No. 33311 (STB served
May 1, 1997).
\2\ A redacted version of the trackage rights agreement between
Gateway and KCS was filed with the notice of exemption. The full
version of the agreement, as required by 49 CFR 1180.6(a)(7)(ii),
was concurrently filed under seal along with a motion for a
protective order, which was granted in a decision served July 23,
1999.
\3\ On July 19, 1999, Joseph C. Szabo, on behalf of the United
Transportation Union-Illinois Legislative Board filed a petition
requesting the Board to stay operation of the exemption pending the
filing and disposition of a petition to reject or to revoke it. By
decision served July 20, 1999, the Board granted a 60-day stay of
the effective date of the exemption, until September 19, 1999, to
permit the Board to examine the issues in this proceeding in greater
detail, thus delaying publication of the notice and the
effectiveness of the exemption. On August 9, 1999, Mr. Szabo and W.
Larry Foster, on behalf of the United Transportation Union-Missouri
Legislative Board, filed a petition, to reject and/or to revoke the
notice of exemption or to impose added labor protection. By decision
served September 16, 1999, the Board denied the petition, subject to
the Board's reservation of jurisdiction to consider other issues in
future proceedings, as discussed in that decision. As a result, this
exemption became effective on September 19, 1999.
---------------------------------------------------------------------------
As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in Norfolk
& Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as
modified in
[[Page 52575]]
Mendocino Coast Ry., Inc.--Lease & Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR 1180.2(d)(7). 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 transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 33780, must be filed with the Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W.,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on Robert K. Dreiling, Esq., The Kansas City Southern Railway
Company, 114 West Eleventh St., Kansas City, MO 64105.
Board decisions and notices are available on our website at
``WWW.STB.DOT.GOV.''
Decided: September 22, 1999.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-25315 Filed 9-28-99; 8:45 am]
BILLING CODE 4915-00-P
