[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26337-26338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12190]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36198]


New Orleans Public Belt Railroad Corporation--Trackage Rights 
Exemption--Illinois Central Railroad Company

    New Orleans Public Belt Railroad Corporation (NOPB Corp.), a Class 
III rail carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(7) for its extension of temporary overhead trackage rights on 
rail lines of Illinois Central Railroad Company (IC) in New Orleans, 
La., from IC milepost 906.4 at East Bridge Junction in Shrewsbury to IC 
milepost 900.8 at Orleans Junction in New Orleans and from IC milepost 
444.2 at Orleans Junction to IC milepost 443.5 at Frellsen Junction in 
New Orleans, a total distance of approximately 6.3 miles (the Line).
    NOPB Corp. states that it is a switching and terminal railroad and 
a wholly owned subsidiary of the Board of Commissioners of the Port of 
New Orleans that provides terminal, interline, and intermediate 
switching services to local shippers and six Class I railroads in the 
New Orleans area. NOPB Corp. further states that it began operations on 
February 1, 2018, upon acquisition of all the railroad operating assets 
of the Public Belt Railroad Commission of the City of New Orleans 
(Public Belt). See New Orleans Pub. Belt R.R.--Acquis. & Operation 
Exemption--Pub. Belt R.R. Comm'n of New Orleans (NOPB Corp. 
Acquisition), FD 36149 (STB served Dec. 27, 2017).
    According to NOPB Corp., pursuant to a September 16, 2016 temporary 
trackage rights agreement and subsequent amendment dated December 28, 
2016, between Public Belt and IC, Public Belt previously obtained 
temporary overhead trackage rights on the Line to interchange traffic 
with Kansas City Southern Railway Company (KCS) on KCS trackage in New 
Orleans on a trial basis. See New Orleans Pub. Belt R.R.--Temp. 
Trackage Rights Exemption--Ill. Cent. R.R., FD 36067 (STB served Oct. 
14, 2016); New Orleans Pub. Belt R.R.--Temp. Trackage Rights 
Exemption--Ill. Cent. R.R., FD 36067 (STB served Jan. 30, 2017). NOPB 
Corp. states that, as initially extended, the temporary trackage rights 
were scheduled to expire on January 31, 2018. NOPB Corp. further states 
that it was assigned Public Belt's interest in the temporary trackage 
rights arrangement as part of the transaction authorized in the NOPB 
Corp. Acquisition, Docket No. FD 36149.
    According to NOPB Corp., pursuant to a second amendment to the 
temporary trackage rights agreement, dated January 31, 2018, the 
parties have agreed to a further extension of the temporary overhead 
trackage rights until January 31, 2020.\1\ NOPB Corp. states that the 
purpose of the transaction is to allow it to interchange traffic with 
KCS on KCS trackage, which requires NOPB Corp. to operate over IC 
trackage for approximately 6.3 miles.
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    \1\ NOPB Corp. states that, because the duration of the extended 
trackage rights is greater than one year, it is not filing under the 
Board's class exemption for temporary trackage rights under 49 CFR 
1180.2(d)(8). Instead, NOPB Corp. has filed under the trackage 
rights class exemption at section 1180.2(d)(7). Concurrently, NOPB 
Corp. has filed a petition for partial revocation of this exemption 
to permit these proposed trackage rights to expire on January 31, 
2020, as provided in the agreement. See New Orleans Pub. Belt R.R.--
Trackage Rights Exemption--Ill. Cent. R.R., Docket No. FD 36198 
(Sub-No. 1). The Board will address that petition in a separate 
decision.
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    NOPB Corp. states that the traffic subject to the trackage rights 
does not involve an interchange commitment that limits interchange with 
a third-party connecting carrier. (See NOPB Corp. Letter 1.)
    Unless stayed, the exemption will be effective on June 20, 2018 (30 
days after the verified notice was filed).\2\
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    \2\ NOPB Corp. did not request retroactive authorization, and 
the exemption invoked by NOPB Corp. does not provide for retroactive 
effectiveness. See Wendelin--Continuance in Control--RMW Ventures, 
LLC, FD 35801, slip op. at 2 n.1 (STB served Mar. 21, 2014) (noting 
that the authority for a continuance in control exemption under 49 
CFR 1180.2(d)(2) would be effective prospectively only); see also 
Kan. City S. Lines, Inc.--Corp. Family Transaction Exemption--KCS 
Transp. Co., FD 33510, slip op. at 1 n.1 (STB served Dec. 10, 1997) 
(``no class exemption provides for retroactive application''). 
Accordingly, the authority will be effective prospectively only.

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[[Page 26338]]

    As a condition to this exemption, any employees affected by the 
acquisition of the trackage rights will be protected by the conditions 
imposed in Norfolk & Western Railway--Trackage Rights--Burlington 
Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast 
Railway--Lease & Operate--California Western Railroad, 360 I.C.C. 653 
(1980).
    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 effectiveness of the exemption. 
Petitions for stay must be filed no later than June 13, 2018 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36198, must be filed with the Surface Transportation Board, 395 E 
Street SW, Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Thomas J. Litwiler, Fletcher & Sippel LLC, 
29 North Wacker Drive, Suite 920, Chicago, IL 60606.
    According to NOPB Corp., this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.

    Decided: June 1, 2018.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-12190 Filed 6-5-18; 8:45 am]
BILLING CODE 4915-01-P