[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Notices]
[Pages 2717-2718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1118]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33533]


Illinois Central Railroad Company and New Orleans Public Belt 
Railroad--Joint Relocation Project Exemption--in New Orleans, LA

    On December 23, 1997, Illinois Central Railroad Company (IC) and 
New Orleans Public Belt Railroad (NOPB) jointly filed a notice of 
exemption under 49 CFR 1180.2(d)(5) to reconfigure IC and NOPB 
operations over their adjacent track. The proposed transaction was 
scheduled to be consummated on or after the December 30, 1997 effective 
date of the exemption.
    IC is a Class I railroad operating approximately 2,600 miles of 
rail line in six states, and NOPB is a Class III terminal switching 
railroad owned by the City of New Orleans, LA. NOPB operates 
approximately 25 miles of rail line in and around New Orleans.
    Within the City of New Orleans, IC and NOPB own and operate 
adjacent mainlines. Under the joint project, IC and NOPB propose the 
following transactions: (1) NOPB will grant IC non-exclusive bridge 
trackage rights over 3.4 miles of NOPB's Main Line and Siding Track 
between milepost JO.3, at Lampert Junction, and milepost 3.4, at 
Nashville Avenue; \1\ (2) IC will relocate its operation to NOPB 
trackage and will abandon its adjacent Main Line trackage between 
milepost 917.77, at Nashville Avenue, and milepost 921.13, at Lampert 
Junction, a distance of approximately 3.36 miles; (3) IC will grant 
NOPB non-exclusive bridge trackage rights over approximately 5,568 feet 
of IC's Main Line from Station 120+00.00, at Nashville Avenue, to 
Station 175+68.09, at Valence Street; and (4) IC and NOPB will perform 
such incidental relocation of signals and power switches as necessary 
to complete the proposed reconfiguration of operations contemplated by 
the exemption.
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    \1\ IC will continue to serve the Sewerage and Water Board track 
near Oak Street.
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    The transaction will simplify rail operations in the area and will 
reduce the number of unnecessary tracks on street right-of-way and 
reduce the number of tracks in grade crossings in the area. The joint 
project will not change service to shippers, expand the operations of 
IC or NOPB into new territory, or alter the existing competitive 
situation.
    The Board will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction of new track involves expansion into 
new territory. See City of Detroit v. Canadian National Ry. Co., et 
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom., Detroit/Wayne County Port 
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line relocation 
projects may embrace trackage rights transactions such as the one 
involved here. See D.T.&I.R.--Trackage Rights, 363 I.C.C. 878 (1981). 
Under these standards, the incidental abandonment, construction, and 
trackage rights components require no separate approval or exemption 
when the relocation project, as here, will not disrupt service to 
shippers and thus qualifies for the class exemption at 49 CFR 
1180.2(d)(5).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    If the notice contains false or misleading information, the 
exemption is void ab initio. Petitions to revoke the

[[Page 2718]]

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. 33533, 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 (1) Anne E. Keating, Esq., Illinois Central Railroad Company, 
455 North Cityfront Plaza Drive, Chicago, IL 60611-5504, and (2) A. J. 
Waechter, Esq., Jones, Walker, Waechter, Portevent, Carrere and 
Denegre, 202 St. Charles Avenue, 50th Floor, New Orleans, LA 70170-
5100.

    Decided: January 9, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-1118 Filed 1-15-98; 8:45 am]
BILLING CODE 4915-00-P