83 FR 26337 - New Orleans Public Belt Railroad Corporation-Trackage Rights Exemption-Illinois Central Railroad Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 109 (June 6, 2018)

Page Range		26337-26338
FR Document		2018-12190
Federal Register, Volume 83 Issue 109 (Wednesday, June 6, 2018)
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26337-26338]
From the Federal Register Online  [www.thefederalregister.org]
[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
Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices 26337

office of the Exchange. All comments The following areas have been R.R.—Acquis. & Operation Exemption—
received will be posted without change. determined to be adversely affected by Pub. Belt R.R. Comm’n of New Orleans
Persons submitting comments are the disaster: (NOPB Corp. Acquisition), FD 36149
cautioned that we do not redact or edit Primary Counties: York (STB served Dec. 27, 2017).
personal identifying information from The Interest Rates are: According to NOPB Corp., pursuant to
comment submissions. You should a September 16, 2016 temporary
submit only information that you wish Percent trackage rights agreement and
to make available publicly. All subsequent amendment dated December
submissions should refer to File For Physical Damage: 28, 2016, between Public Belt and IC,
Number SR–NYSE–2018–25, and Non-Profit Organizations with Public Belt previously obtained
should be submitted on or before June Credit Available Elsewhere ... 2.500 temporary overhead trackage rights on
27, 2018. Non-Profit Organizations with- the Line to interchange traffic with
out Credit Available Else- Kansas City Southern Railway Company
For the Commission, by the Division of where ..................................... 2.500
Trading and Markets, pursuant to delegated For Economic Injury:
(KCS) on KCS trackage in New Orleans
authority.11 Non-Profit Organizations with- on a trial basis. See New Orleans Pub.
Eduardo A. Aleman, out Credit Available Else- Belt R.R.—Temp. Trackage Rights
Assistant Secretary. where ..................................... 2.500 Exemption—Ill. Cent. R.R., FD 36067
[FR Doc. 2018–12114 Filed 6–5–18; 8:45 am]
(STB served Oct. 14, 2016); New Orleans
The number assigned to this disaster Pub. Belt R.R.—Temp. Trackage Rights
BILLING CODE 8011–01–P
for physical damage is 155486 and for Exemption—Ill. Cent. R.R., FD 36067
economic injury is 155490. (STB served Jan. 30, 2017). NOPB Corp.
(Catalog of Federal Domestic Assistance states that, as initially extended, the
SMALL BUSINESS ADMINISTRATION temporary trackage rights were
Number 59008)
[Disaster Declaration #15548 and #15549; scheduled to expire on January 31,
MAINE Disaster Number ME–00050] James Rivera, 2018. NOPB Corp. further states that it
Associate Administrator for Disaster was assigned Public Belt’s interest in
Presidential Declaration of a Major Assistance. the temporary trackage rights
Disaster for Public Assistance Only for [FR Doc. 2018–12118 Filed 6–5–18; 8:45 am] arrangement as part of the transaction
the State of Maine BILLING CODE 8025–01–P authorized in the NOPB Corp.
Acquisition, Docket No. FD 36149.
AGENCY: U.S. Small Business
According to NOPB Corp., pursuant to
Administration.
SURFACE TRANSPORTATION BOARD a second amendment to the temporary
ACTION: Notice. trackage rights agreement, dated January
[Docket No. FD 36198] 31, 2018, the parties have agreed to a
SUMMARY: This is a Notice of the
further extension of the temporary
Presidential declaration of a major New Orleans Public Belt Railroad overhead trackage rights until January
disaster for Public Assistance Only for Corporation—Trackage Rights 31, 2020.1 NOPB Corp. states that the
the State of Maine (FEMA–4367–DR), Exemption—Illinois Central Railroad
dated 05/30/2018. purpose of the transaction is to allow it
Company to interchange traffic with KCS on KCS
Incident: Severe Storm and Flooding.
Incident Period: 03/02/2018 through New Orleans Public Belt Railroad trackage, which requires NOPB Corp. to
03/08/2018. Corporation (NOPB Corp.), a Class III operate over IC trackage for
rail carrier, has filed a verified notice of approximately 6.3 miles.
DATES: Issued on 05/30/2018. NOPB Corp. states that the traffic
exemption under 49 CFR 1180.2(d)(7)
Physical Loan Application Deadline subject to the trackage rights does not
for its extension of temporary overhead
Date: 07/30/2018. involve an interchange commitment that
trackage rights on rail lines of Illinois
Economic Injury (EIDL) Loan limits interchange with a third-party
Central Railroad Company (IC) in New
Application Deadline Date: 03/04/2019. connecting carrier. (See NOPB Corp.
Orleans, La., from IC milepost 906.4 at
ADDRESSES: Submit completed loan East Bridge Junction in Shrewsbury to Letter 1.)
applications to: U.S. Small Business IC milepost 900.8 at Orleans Junction in Unless stayed, the exemption will be
Administration, Processing and New Orleans and from IC milepost effective on June 20, 2018 (30 days after
Disbursement Center, 14925 Kingsport 444.2 at Orleans Junction to IC milepost the verified notice was filed).2
Road, Fort Worth, TX 76155. 443.5 at Frellsen Junction in New
1 NOPB Corp. states that, because the duration of
FOR FURTHER INFORMATION CONTACT: A. Orleans, a total distance of
the extended trackage rights is greater than one
Escobar, Office of Disaster Assistance, approximately 6.3 miles (the Line). year, it is not filing under the Board’s class
U.S. Small Business Administration, NOPB Corp. states that it is a exemption for temporary trackage rights under 49
409 3rd Street SW, Suite 6050, switching and terminal railroad and a CFR 1180.2(d)(8). Instead, NOPB Corp. has filed
Washington, DC 20416, (202) 205–6734. wholly owned subsidiary of the Board under the trackage rights class exemption at section
1180.2(d)(7). Concurrently, NOPB Corp. has filed a
SUPPLEMENTARY INFORMATION: Notice is of Commissioners of the Port of New petition for partial revocation of this exemption to
hereby given that as a result of the Orleans that provides terminal, permit these proposed trackage rights to expire on
President’s major disaster declaration on interline, and intermediate switching January 31, 2020, as provided in the agreement. See
services to local shippers and six Class New Orleans Pub. Belt R.R.—Trackage Rights
05/30/2018, Private Non-Profit
daltland on DSKBBV9HB2PROD with NOTICES

Exemption—Ill. Cent. R.R., Docket No. FD 36198
organizations that provide essential I railroads in the New Orleans area. (Sub-No. 1). The Board will address that petition in
services of a governmental nature may NOPB Corp. further states that it began a separate decision.
file disaster loan applications at the operations on February 1, 2018, upon 2 NOPB Corp. did not request retroactive

address listed above or other locally acquisition of all the railroad operating authorization, and the exemption invoked by NOPB
Corp. does not provide for retroactive effectiveness.
announced locations. assets of the Public Belt Railroad See Wendelin—Continuance in Control—RMW
Commission of the City of New Orleans Ventures, LLC, FD 35801, slip op. at 2 n.1 (STB
11 17 CFR 200.30–3(a)(12). (Public Belt). See New Orleans Pub. Belt Continued

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26338 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices

As a condition to this exemption, any Industrial Lead in Middlesex County, Kaplan Kirsch & Rockwell LLP, 1001
employees affected by the acquisition of N.J., from milepost 33.1 to milepost 36.4 Connecticut Ave. NW, Suite 800,
the trackage rights will be protected by (the Line). NJ Transit states that, under Washington, DC 20036.
the conditions imposed in Norfolk & the proposed transaction, Conrail would Board decisions and notices are
Western Railway—Trackage Rights— transfer to NJ Transit the real property available on our website at
Burlington Northern, Inc., 354 I.C.C. 605 and railroad fixtures associated with the WWW.STB.GOV.
(1978), as modified in Mendocino Coast Line. According to NJ Transit, Conrail Decided: May 30, 2018.
Railway—Lease & Operate—California will retain an exclusive operating By the Board, Scott M. Zimmerman, Acting
Western Railroad, 360 I.C.C. 653 (1980). easement to continue to provide freight Director, Office of Proceedings.
If the notice contains false or rail service over the Line.1 Brendetta Jones,
misleading information, the exemption NJ Transit states that, pursuant to a
Clearance Clerk.
is void ab initio. Petitions to revoke the 1984 trackage rights agreement (1984
[FR Doc. 2018–12130 Filed 6–5–18; 8:45 am]
exemption under 49 U.S.C. 10502(d) Agreement), it and Conrail have jointly
BILLING CODE 4915–01–P
may be filed at any time. The filing of used the Line for many years.2 NJ
a petition to revoke will not Transit claims that its proposed
automatically stay the effectiveness of acquisition will not affect or impair
the exemption. Petitions for stay must Conrail’s ability to provide freight DEPARTMENT OF TRANSPORTATION
be filed no later than June 13, 2018 (at service to existing or future shippers.
According to NJ Transit, it is acquiring Pipeline and Hazardous Materials
least seven days before the exemption Safety Administration
becomes effective). the property to provide commuter rail
An original and 10 copies of all service and is not acquiring any right or [Docket No. PHMSA–2018–0024; Notice No.
pleadings, referring to Docket No. FD obligation to provide freight service on 2018–07]
36198, must be filed with the Surface the Line. NJ Transit also states that the
Transportation Board, 395 E Street SW, agreements underlying the acquisition Hazardous Materials Safety:
Washington, DC 20423–0001. In do not contain any provisions that International Standards on the
would limit interchange with a third- Transport of Dangerous Goods
addition, a copy of each pleading must
be served on Thomas J. Litwiler, party connecting carrier. AGENCY: Pipeline and Hazardous
Fletcher & Sippel LLC, 29 North Wacker NJ Transit certifies that, because it Materials Safety Administration
Drive, Suite 920, Chicago, IL 60606. will not conduct any rail carrier (PHMSA), Department of Transportation
According to NOPB Corp., this action operations on the Line, its projected (DOT).
is categorically excluded from revenues from freight operations will ACTION: Notice of public meetings.
environmental review under 49 CFR not result in the creation of a Class I or
1105.6(c). Class II carrier. SUMMARY: On Tuesday, June 12, 2018,
Board decisions and notices are NJ Transit states that it will PHMSA will host two public meetings.
available on our website at consummate the proposed transaction at The first meeting—led by PHMSA—will
WWW.STB.GOV. the conclusion of this exemption solicit public input on current proposals
proceeding. The earliest this transaction and discuss potential new work items
Decided: June 1, 2018.
may be consummated is June 20, 2018, for inclusion in the agenda of the 53rd
By the Board, Scott M. Zimmerman, Acting the effective date of the exemption (30
Director, Office of Proceedings. session of the United Nations Sub-
days after the verified notice of Committee of Experts on the Transport
Jeffrey Herzig, exemption was filed). of Dangerous Goods (UNSCOE TDG).
Clearance Clerk. If the notice contains false or The second meeting—led by the
[FR Doc. 2018–12190 Filed 6–5–18; 8:45 am] misleading information, the exemption Occupational Safety and Health
BILLING CODE 4915–01–P is void ab initio. Petitions to revoke the Administration (OSHA)—will discuss
exemption under 49 U.S.C. 10502(d) proposals in preparation for the 35th
may be filed at any time. The filing of session of the United Nations Sub-
SURFACE TRANSPORTATION BOARD a petition to revoke will not Committee of Experts on the Globally
[Docket No. FD 36195] automatically stay the effectiveness of Harmonized System of Classification
the exemption. Petitions for stay must and Labelling of Chemicals
New Jersey Transit Corporation— be filed no later than June 13, 2018 (at (UNSCEGHS).
Acquisition Exemption—Consolidated least seven days before the exemption
becomes effective). DATES: Both public meetings will take
Rail Corporation in the County of
Middlesex, N.J. An original and 10 copies of all place on Tuesday, June 12, 2018.
pleadings, referring to Docket No. FD PHMSA Public Meeting: 9 a.m. to 12
The New Jersey Transit Corporation 36195, must be filed with the Surface p.m. EDT
(NJ Transit), a noncarrier, has filed a Transportation Board, 395 E Street SW, OSHA Public Meeting: 1 p.m. to 4 p.m.
verified notice of exemption under 49 Washington, DC 20423–0001. In EDT
CFR 1150.31 to acquire from addition, a copy of each pleading must ADDRESSES: Both public meetings will
Consolidated Rail Corporation (Conrail) be served on Charles A. Spitulnik, take place at DOT Headquarters, West
an approximately 3.3-mile portion of the Building, Oklahoma City Conference
property commonly known as the Delco 1 NJ Transit also filed a motion to dismiss the Room, 1200 New Jersey Avenue SE,
notice of exemption on the grounds that the Washington, DC 20590–0001.
daltland on DSKBBV9HB2PROD with NOTICES

served Mar. 21, 2014) (noting that the authority for transaction does not require authorization from the
Board. The motion to dismiss will be addressed in FOR FURTHER INFORMATION CONTACT: Mr.
a continuance in control exemption under 49 CFR
1180.2(d)(2) would be effective prospectively only); a subsequent Board decision. Steven Webb or Mr. Aaron Wiener,
see also Kan. City S. Lines, Inc.—Corp. Family 2 NJ Transit includes with its verified notice Office of Hazardous Materials Safety,
Transaction Exemption—KCS Transp. Co., FD excerpts from the 1984 Agreement. It also submits Pipeline and Hazardous Materials Safety
33510, slip op. at 1 n.1 (STB served Dec. 10, 1997) documents implementing the current transaction
(‘‘no class exemption provides for retroactive including an agreement supplementing the 1984
Administration, 1200 New Jersey
application’’). Accordingly, the authority will be Agreement, a quitclaim deed, and an agreement of Avenue SE, Washington, DC 20590,
effective prospectively only. sale. (202) 366–8553.

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Document Created: 2018-06-06 00:54:32
Document Modified: 2018-06-06 00:54:32
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 26337