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Kevin M. Sheys  Partner
Washington DC  +1.202.778.9290
Fax +1.202.778.9100
kevin.sheys@klgates.com Add to Outlook Contacts


Areas of Practice Representative Experience Court Admissions Bar Admissions Education Achievements Additional Information

Areas of Practice

Mr. Sheys, a partner in the Washington, D.C. office, focuses his practice on transportation regulatory and safety law and transportation infrastructure projects, mergers and acquisitions.  He represents freight and commuter railroads; public transit systems; railroad and transit equipment manufacturers, suppliers and contractors; producers and transporters of hazardous materials; and state, municipal, and special purpose transportation agencies.

Mr. Sheys represents buyers in railroad line sales and has handled more than 50 such sales and related regulatory filings.  He represents commuter railroads and transit systems on publicly-funded transportation infrastructure projects, including planning, development, environmental review and compliance issues on new start rail projects.  He advises project sponsors and industry contractors on rail projects under design-build contracts and other forms of public-private partnerships.

Mr. Sheys has substantial experience advising clients on railroad safety and hazardous material transport matters.  He has represented freight railroads, commuter railroads, and rail transit systems in proceedings before the Federal Railroad Administration involving the scope and applicability of the federal railroad safety laws, regulatory waivers, agency rulemakings, compliance issues, and penalty settlements.  He has represented producers and transporters of hazardous materials in proceedings before the Pipeline and Hazardous Materials Safety Administration involving the scope and applicability of the federal hazardous materials transportation laws and regulations, agency rulemakings, compliance issues and enforcement actions.

Mr. Sheys has handled all types of Surface Transportation Board matters including numerous rail line abandonments, rail line construction cases, merger, acquisition and control transaction approvals, competitive access disputes and car hire compensation disputes.  Mr. Sheys has structured numerous transactions in which passenger rail operators acquire active rail lines without becoming subject to onerous federal railroad laws.  He has represented freight and commuter railroads (and their affiliates) in audits, coverage cases and appeals of agency decisions on the scope and applicability of the railroad retirement and railroad unemployment insurance laws

Representative Experience
  • Represented Tri-Country Metropolitan Transportation District of Oregon in a railroad acquisition from Union Pacific Railroad for the operation of a commuter rail service using diesel multiple unit vehicles.
  • Represented TransitAmerica Services in its bid and operating agreement for the North County Transit District Coaster Service.
  • Represented Herzog Transit Services in its bid and operating agreement for the New Mexico DOT Rail Runner Express.
  • Represented International Steel Group in its acquisitions of 16 railroads out of the bankruptcy estates of LTV Steel and Bethlehem Steel.
  • Prepared and filed FRA shared use waiver petitions for San Diego Metropolitan Transit System and San Diego Trolley.
  • Represented the Utah Transit Authority in a 130-mile railroad acquisition from the Union Pacific Railroad Company for commuter rail and light rail transit operations.  Prepared and filed related FRA shared use waiver petitions and motions for STB jurisdictional determinations.

Court Admissions
  • District of Columbia Court of Appeals
  • U.S. Court of Appeals for the District of Columbia, 4th, 7th, 8th and 9th Circuits
  • U.S. District Court for the District of Columbia 

Bar Admissions
  • Bar of District of Columbia
Education
  • J.D., University of Minnesota Law School (1987) (cum laude)
  • B.A., Gustavus Adolphus College (1984) (magna cum laude)
Achievements
  • John C. Vance Award, National Academy of Sciences/Transportation Research Board

Additional Information
Articles
  • Transportation and NEPA: The Role of Private Equity and PPPs in Public Transit
  • Requirements That Impact the Acquisition of Capital-Intensive Long-Lead Items, Rights of Way, and Land for Transit
  • Strategies to Facilities Acquisition and Use of Railroad Right of Way by Transit Providers
Client Alerts/Updates
  • PHMSA And FRA Issue Proposed Rule On Improving The Safety Of Railroad Tank Cars Transporting Hazardous Materials
  • PHMSA Issues Interim Final Rule On Railroad Routing Of Hazardous Materials
  • More On Minding The Gap - FRA Releases A Guide For Managing Gap Safety At Passenger Rail Platforms
  • Forecast Well, Get A Free Railcar - FTA's Proposed Rule On Contractor Performance Incentives for New Starts
  • Federal Railroad Administration Urges Shippers to Increase Vigilance Over Railroad Transportation of Hazardous Materials
  • Hours of Service Act Coverage of LRT Signal Maintenance Employees—A Trap for the Unwary
  • The Federal Railroad Administration Issues an Interim Final Rule Governing the Use of Locomotive Horns at Highway-Rail Grade Crossings
  • FRA Asserts Jurisdiction Over Planned North Carolina Passenger Rail System
Presentations
  • FRA Regulation of Shared Tracks Operations: Understanding the Difference Between Commuter/Freight and Transit/Freight Operating Environment
  • Light Rail and Freight: Operational and Contractual Issues
  • Safety Oversight of Shared Track Operations: An Update 
  • Staying ‘On’ Social Security (and ‘Off’ Railroad Retirement)


PRACTICES & INDUSTRIES
Global Government Solutions
Transportation
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