[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Page 71161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24909]



[[Page 71161]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36067]


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

    The New Orleans Public Belt Railroad (NOPB), a Class III rail 
carrier, has filed a verified notice of exemption under 49 CFR 
1180.2(d)(8) for its acquisition of temporary overhead trackage rights 
over a line of railroad of the Illinois Central Railroad Company (IC), 
over two segments of IC's rail lines as follows: (1) IC's McComb 
Subdivision, between IC's connection with the Kansas City Southern 
Railway Company (KCS) at or near IC milepost 906.4 at East Bridge 
Junction in Shrewsbury, La., and IC milepost 900.8 at Orleans Junction 
in New Orleans, La. (approximately 5.6 miles), and (2) IC's Baton Rouge 
Subdivision, between IC milepost 444.2 at Orleans Junction and IC 
milepost 443.5 at Frellsen Junction in New Orleans, La. (approximately 
0.7 miles), a total distance of approximately 6.3 miles the Line).
    NOPB states that, pursuant to a written trackage rights agreement 
(Agreement) dated September 16, 2016,\1\ IC has agreed to grant the 
specified temporary overhead trackage rights to New Orleans Public Belt 
Railroad (NOPB) over the Line. NOPB states that it intends to 
consummate the transaction on or after October 28, 2016, the effective 
date of the exemption (30 days after the verified notice of exemption 
was filed). The sole purpose of the trackage rights is to allow NOPB to 
temporarily interchange with KCS on KCS trackage which requires NOPB to 
operate over IC's 6.3 miles of trackage. The temporary trackage rights 
will expire on January 31, 2017.
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    \1\ A redacted copy of the Agreement between NOPB and IC was 
filed with the notice. An unredacted copy was filed under seal along 
with a motion for protective order pursuant to 49 CFR 1194.14(a). 
That motion will be addressed in a separate decision.
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    As a condition to this exemption, any employees affected by the 
acquisition of the temporary 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), and any employees affected by the discontinuance 
of those trackage rights will be protected by the conditions set out in 
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between 
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 
(1979).
    This notice is filed under 49 CFR 1180.2(d)(8). If the verified 
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 October 21, 2016 (at least seven days 
before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 36067, 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 applicant's representative, Audrey L. 
Brodrick, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, 
Chicago, IL 60606.
    According to NOPB, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
``WWW.STB.GOV.''

    Decided: October 11, 2016.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-24909 Filed 10-13-16; 8:45 am]
BILLING CODE 4915-01-P