83 FR 28709 - New Orleans Public Belt Railroad Corporation-Trackage Rights Exemption-Illinois Central Railroad Company

SURFACE TRANSPORTATION BOARD

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range		28709-28710
FR Document		2018-13156
Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28709-28710]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13156]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36198 (Sub-No. 1)]


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

    On May 21, 2018, New Orleans Public Belt Railroad Corporation (NOPB 
Corp.) filed a verified notice of exemption in Docket No. FD 36198 for 
trackage rights under the class exemption at 49 CFR 1180.2(d)(7) \1\ 
and simultaneously filed a petition in this sub-docket to partially 
revoke the exemption to allow the trackage rights to expire on January 
31, 2020. Notice of the exemption in Docket No. FD 36198 was served and 
published in the Federal Register on June 6, 2018 (83 FR 26,337), and 
became effective on June 20, 2018. This decision addresses NOPB Corp.'s 
petition to partially revoke the exemption.
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    \1\ On June 1, 2018, NOPB Corp. supplemented its verified notice 
of exemption to certify 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, New Orleans Pub. Belt R.R.--Trackage Rights Exemption--
Ill. Cent. R.R., FD 36198.
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    As explained by NOPB Corp. in its verified notice of exemption in 
Docket No. FD 36198, pursuant to a September 16, 2016 temporary 
trackage rights agreement and subsequent amendment, dated December 28, 
2016, NOPB Corp.'s predecessor obtained temporary overhead trackage 
rights on approximately 6.3 miles of Illinois Central Railroad Company 
(IC) rail line in New Orleans, La., for the purpose of interchanging 
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 Jan. 
30, 2017); New Orleans Pub. Belt R.R.--Temp. Trackage Rights 
Exemption--Ill. Cent. R.R., FD 36067 (STB served Oct. 14, 2016). NOPB 
Corp. states that it acquired its predecessor's interest in the 
temporary trackage rights arrangement as part of the transaction 
authorized in New Orleans Public Belt Railroad--Acquisition & Operation 
Exemption--Public Belt Railroad Commission of New Orleans, FD 36149 
(STB served Dec. 27, 2017).
    NOPB Corp. states in its petition in this sub-docket that the 
temporary trackage rights were scheduled to expire on January 31, 2018, 
but NOPB Corp. and IC entered into a second amendment to the temporary 
trackage rights agreement, dated January 31, 2018, which further 
extended the

[[Page 28710]]

trackage rights until January 31, 2020. NOPB Corp. filed the petition 
to partially revoke the exemption to allow the trackage rights to 
expire on that date.\2\ NOPB Corp. argues that granting its petition 
will promote the rail transportation policy, will be consistent with 
the limited scope of the transaction, and will not adversely affect the 
current competitive situation of any shipper.
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    \2\ NOPB explains in its notice of exemption that because the 
extended trackage rights were to be more than a year in duration, 
the class exemption for temporary trackage rights under 49 CFR 
1180.2(d)(8) was not available.
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Discussion and Conclusions

    Although NOPB Corp. and IC have expressly agreed on the duration of 
the proposed trackage rights agreement, trackage rights approved under 
the class exemption at 49 CFR 1180.2(d)(7) typically remain effective 
indefinitely, regardless of any contract provisions. Occasionally, 
however, the Board has partially revoked a trackage rights exemption to 
allow those rights to expire after a limited time period rather than 
lasting in perpetuity. See, e.g., Ind. R.R.--Trackage Rights 
Exemption--CSX Transp., Inc., FD 36068 (Sub-No. 1) (STB served Feb. 9, 
2017); Ind. S. R.R.--Temporary Trackage Rights Exemption--Norfolk S. 
Ry., FD 35965 (Sub-No. 1) (STB served Nov. 25, 2015).
    Under 49 U.S.C. 10502, the Board may exempt a person, class of 
persons, or a transaction or service, in whole or in part, when it 
finds that: (1) Continued regulation is not necessary to carry out the 
rail transportation policy of 49 U.S.C. 10101; and (2) either the 
transaction or service is of limited scope, or regulation is not 
necessary to protect shippers from the abuse of market power.
    NOPB Corp.'s trackage rights were already authorized under the 
class exemption at 49 CFR 1180.2(d)(7) in Docket No. FD 36198. Granting 
partial revocation in these circumstances would promote the rail 
transportation policy by eliminating the need to file a second pleading 
seeking discontinuance when the agreement expires, thereby promoting 
rail transportation policy goals at 49 U.S.C. 10101(2), (7), and (15). 
Moreover, limiting the term of the trackage rights is consistent with 
the limited scope of the transaction previously exempted.\3\ Therefore, 
the Board will grant the petition and permit the trackage rights 
exempted in Docket No. FD 36198 to expire on January 31, 2020.
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    \3\ Because the proposed transaction is of limited scope, the 
Board need not make a market power finding.
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    To provide the statutorily mandated protection to any employee 
adversely affected by the discontinuance of trackage rights, the Board 
will impose the employee protective conditions set forth in Oregon 
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & 
Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    It is ordered:
    1. The petition for partial revocation is granted.
    2. Under 49 U.S.C. 10502, the trackage rights described in Docket 
No. FD 36198 are exempted, as discussed above, to permit the trackage 
rights to expire on January 31, 2020, subject to the employee 
protective conditions set forth in Oregon Short Line.
    3. Notice will be published in the Federal Register on June 20, 
2018.
    4. This decision is effective on July 20, 2018. Petitions to stay 
must be filed by July 2, 2018. Petitions for reconsideration must be 
filed by July 10, 2018.

    Decided: June 13, 2018.

    By the Board, Board Members Begeman and Miller.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2018-13156 Filed 6-19-18; 8:45 am]
 BILLING CODE 4915-01-P
Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 28709

Unclassified information, including under penalty of perjury; a brief SURFACE TRANSPORTATION BOARD
personally identifiable information (PII). description of the circumstances that
[Docket No. FD 36198 (Sub-No. 1)]
Annual refresher training is mandatory. caused the creation of the record
In addition, all Foreign Service and (including the city and/or country and New Orleans Public Belt Railroad
Civil Service employees and those the approximate dates) which gives the Corporation—Trackage Rights
Locally Engaged Staff who handle PII individual cause to believe that the Exemption—Illinois Central Railroad
are required to take the Foreign Service Legal Case Management Records Company
Institute distance learning course include records pertaining to him or
instructing employees on privacy and her. Detailed instructions on On May 21, 2018, New Orleans Public
security requirements, including the Department of State procedures for Belt Railroad Corporation (NOPB Corp.)
rules of behavior for handling PII and accessing and amending records can be filed a verified notice of exemption in
the potential consequences if it is found at the Department’s FOIA website Docket No. FD 36198 for trackage rights
handled improperly. (https://foia.state.gov/Request/ under the class exemption at 49 CFR
Access to the Department of State, its Guide.aspx). 1180.2(d)(7) 1 and simultaneously filed a
annexes and posts abroad is controlled petition in this sub-docket to partially
by security guards and admission is CONTESTING RECORD PROCEDURES: revoke the exemption to allow the
limited to those individuals possessing trackage rights to expire on January 31,
a valid identification card or individuals Individuals who wish to contest 2020. Notice of the exemption in Docket
under proper escort. While the majority records should write to U.S. Department No. FD 36198 was served and published
of records covered in the Legal Case of State; Director, Office of Information in the Federal Register on June 6, 2018
Management Records are electronic, all Programs and Services; A/GIS/IPS; SA– (83 FR 26,337), and became effective on
paper records containing personal 2, Suite 8100; Washington, DC 20522– June 20, 2018. This decision addresses
information are maintained in secured 0208. NOPB Corp.’s petition to partially
file cabinets in restricted areas, access to revoke the exemption.
NOTIFICATION PROCEDURES:
which is limited to authorized As explained by NOPB Corp. in its
personnel. Access to computerized files Individuals who have reason to verified notice of exemption in Docket
is password-protected and under the believe that this system of records may No. FD 36198, pursuant to a September
direct supervision of the system contain information pertaining to them 16, 2016 temporary trackage rights
manager. The system manager has the may write to U.S. Department of State; agreement and subsequent amendment,
capability of printing audit trails of Director, Office of Information Programs dated December 28, 2016, NOPB Corp.’s
access from the computer media, and Services; A/GIS/IPS; SA–2, Suite predecessor obtained temporary
thereby permitting regular and ad hoc 8100; Washington, DC 20522–0208. The overhead trackage rights on
monitoring of computer usage. When it individual must specify that he/she approximately 6.3 miles of Illinois
is determined that a user no longer wishes the Legal Case Management Central Railroad Company (IC) rail line
needs access, the user account is Records to be checked. At a minimum, in New Orleans, La., for the purpose of
disabled. the individual must include: full name interchanging traffic with Kansas City
Before being granted access to Legal (including maiden name, if appropriate) Southern Railway Company (KCS) on
Case Management Records, a user must and any other names used; current KCS trackage in New Orleans on a trial
first be granted access to the Department mailing address and zip code; date and basis. See New Orleans Pub. Belt R.R.—
of State computer system. Remote place of birth; notarized signature or Temp. Trackage Rights Exemption—Ill.
access to the Department of State statement under penalty of perjury; a Cent. R.R., FD 36067 (STB served Jan.
network from non-Department owned brief description of the circumstances 30, 2017); New Orleans Pub. Belt R.R.—
systems is authorized only through a that caused the creation of the record Temp. Trackage Rights Exemption—Ill.
Department approved access program. (including the city and/or country and Cent. R.R., FD 36067 (STB served Oct.
Remote access to the network is the approximate dates) which gives the 14, 2016). NOPB Corp. states that it
configured with the authentication individual cause to believe that the acquired its predecessor’s interest in the
requirements contained in the Office of Legal Case Management Records temporary trackage rights arrangement
Management and Budget Circular include records pertaining to him or as part of the transaction authorized in
Memorandum A–130. All Department of her. New Orleans Public Belt Railroad—
State employees and contractors with Acquisition & Operation Exemption—
authorized access have undergone a EXEMPTIONS PROMULGATED FOR THE SYSTEM: Public Belt Railroad Commission of New
background security investigation. Orleans, FD 36149 (STB served Dec. 27,
Pursuant to 5 U.S.C. 552a(k)(1), 2017).
RECORD ACCESS PROCEDURES: records in this system may be exempted NOPB Corp. states in its petition in
Individuals who wish to gain access from subsections (c)(3), (d), (e)(1), this sub-docket that the temporary
to or to amend records pertaining to (e)(4)(G), (e)(4)(H), (e)(4)(I), (f) of 552a. trackage rights were scheduled to expire
themselves should write to U.S. See 22 CFR 171.26. on January 31, 2018, but NOPB Corp.
Department of State; Director, Office of and IC entered into a second
Information Programs and Services; A/ HISTORY:
amendment to the temporary trackage
GIS/IPS; SA–2, Suite 8100; Washington, rights agreement, dated January 31,
This SORN was previously published
DC 20522–0208. The individual must 2018, which further extended the
at 81 FR 40741.
specify that he or she wishes the Legal
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Case Management Records to be Mary R. Avery, 1 On June 1, 2018, NOPB Corp. supplemented its
checked. At a minimum, the individual Senior Agency Official for Privacy, Senior verified notice of exemption to certify that the
must include: Full name (including Advisor, Office of Global Information traffic subject to the trackage rights does not involve
maiden name, if appropriate) and any Services, Bureau of Administration, an interchange commitment that limits interchange
Department of State. with a third-party connecting carrier. See NOPB
other names used; current mailing Corp. Letter 1, New Orleans Pub. Belt R.R.—
address and zip code; date and place of [FR Doc. 2018–13212 Filed 6–19–18; 8:45 am] Trackage Rights Exemption—Ill. Cent. R.R., FD
birth; notarized signature or statement BILLING CODE 4710–24–P 36198.

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28710 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices

trackage rights until January 31, 2020. No. FD 36198 to expire on January 31, Representative has further determined
NOPB Corp. filed the petition to 2020. to establish a process by which U.S.
partially revoke the exemption to allow To provide the statutorily mandated stakeholders may request that particular
the trackage rights to expire on that protection to any employee adversely products classified within a covered
date.2 NOPB Corp. argues that granting affected by the discontinuance of tariff subheading in Annex A be
its petition will promote the rail trackage rights, the Board will impose excluded from these additional duties.
transportation policy, will be consistent the employee protective conditions set Further, the Office of the U.S. Trade
with the limited scope of the forth in Oregon Short Line Railroad— Representative (USTR) is seeking public
transaction, and will not adversely Abandonment Portion Goshen Branch comment and will hold a public hearing
affect the current competitive situation Between Firth & Ammon, in Bingham & regarding a proposed additional action
of any shipper. Bonneville Counties, Idaho, 360 I.C.C. in this investigation. The proposed
91 (1979). additional action is the imposition of an
Discussion and Conclusions This action is categorically excluded ad valorem duty of 25 percent on
from environmental review under 49 products of China classified in the
Although NOPB Corp. and IC have
CFR 1105.6(c). HTSUS subheadings set out in Annex C
expressly agreed on the duration of the
It is ordered: of this notice.
proposed trackage rights agreement, 1. The petition for partial revocation
trackage rights approved under the class DATES:
is granted. Applicable date of duties: The
exemption at 49 CFR 1180.2(d)(7) 2. Under 49 U.S.C. 10502, the trackage
typically remain effective indefinitely, additional duties set out in Annex A to
rights described in Docket No. FD 36198 this notice are applicable with respect to
regardless of any contract provisions. are exempted, as discussed above, to
Occasionally, however, the Board has products that are entered for
permit the trackage rights to expire on consumption, or withdrawn from
partially revoked a trackage rights January 31, 2020, subject to the
exemption to allow those rights to warehouse for consumption, on or after
employee protective conditions set forth July 6, 2018.
expire after a limited time period rather in Oregon Short Line. Comment and hearing deadline: To be
than lasting in perpetuity. See, e.g., Ind. 3. Notice will be published in the assured of consideration, you must
R.R.—Trackage Rights Exemption—CSX Federal Register on June 20, 2018. submit comments and responses with
Transp., Inc., FD 36068 (Sub-No. 1) 4. This decision is effective on July respect to the proposed list of products
(STB served Feb. 9, 2017); Ind. S. R.R.— 20, 2018. Petitions to stay must be filed in Annex C to this notice in accordance
Temporary Trackage Rights by July 2, 2018. Petitions for with the following schedule:
Exemption—Norfolk S. Ry., FD 35965 reconsideration must be filed by July 10, June 29, 2018: Due date for filing
(Sub-No. 1) (STB served Nov. 25, 2015). 2018. requests to appear and a summary of
Under 49 U.S.C. 10502, the Board Decided: June 13, 2018. expected testimony at the public
may exempt a person, class of persons, By the Board, Board Members Begeman hearing and for filing pre-hearing
or a transaction or service, in whole or and Miller. submissions.
in part, when it finds that: (1) Continued Kenyatta Clay, July 23, 2018: Due date for submission
regulation is not necessary to carry out Clearance Clerk. of written comments.
the rail transportation policy of 49 July 24, 2018: The Section 301
[FR Doc. 2018–13156 Filed 6–19–18; 8:45 am]
U.S.C. 10101; and (2) either the Committee will convene a public
BILLING CODE 4915–01–P
transaction or service is of limited hearing in the main hearing room of the
scope, or regulation is not necessary to U.S. International Trade Commission,
protect shippers from the abuse of 500 E Street SW, Washington, DC 20436
OFFICE OF THE UNITED STATES beginning at 9:30 a.m.
market power.
TRADE REPRESENTATIVE July 31, 2018: Due date for submission
NOPB Corp.’s trackage rights were of post-hearing rebuttal comments.
already authorized under the class [Docket Number USTR–2018–0018]
ADDRESSES: USTR strongly prefers
exemption at 49 CFR 1180.2(d)(7) in Notice of Action and Request for electronic submissions made through
Docket No. FD 36198. Granting partial Public Comment Concerning Proposed the Federal eRulemaking Portal: http://
revocation in these circumstances Determination of Action Pursuant to www.regulations.gov. Follow the
would promote the rail transportation Section 301: China’s Acts, Policies, instructions for submitting comments in
policy by eliminating the need to file a and Practices Related to Technology sections D, E, and F below. The docket
second pleading seeking discontinuance Transfer, Intellectual Property, and number is USTR–2018–0018.
when the agreement expires, thereby Innovation FOR FURTHER INFORMATION CONTACT: For
promoting rail transportation policy
goals at 49 U.S.C. 10101(2), (7), and (15). AGENCY: Office of the United States questions about the ongoing
Moreover, limiting the term of the Trade Representative. investigation, action, or proposed
trackage rights is consistent with the additional action, contact USTR
ACTION: Notice of action, request for
limited scope of the transaction Assistant General Counsel Arthur Tsao
comments, and notice of public hearing.
previously exempted.3 Therefore, the at (202) 395–5725. For questions on
Board will grant the petition and permit SUMMARY: The U.S. Trade customs classification or
the trackage rights exempted in Docket Representative (Trade Representative) implementation of additional duties on
has determined that appropriate action products identified in Annex A to this
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2 NOPB explains in its notice of exemption that in this investigation includes the Notice, contact Traderemedy@
because the extended trackage rights were to be imposition of an additional ad valorem cbp.dhs.gov.
more than a year in duration, the class exemption duty of 25 percent on products from SUPPLEMENTARY INFORMATION:
for temporary trackage rights under 49 CFR China classified in the subheadings of
1180.2(d)(8) was not available. A. Proceedings in the Investigation
3 Because the proposed transaction is of limited the Harmonized Tariff Schedule of the
scope, the Board need not make a market power United States (HTSUS) set out in Annex On August 18, 2017, the Trade
finding. A of this notice. The Trade Representative initiated an investigation

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Document Created: 2018-06-20 00:20:13
Document Modified: 2018-06-20 00:20:13
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 28709