[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Page 68274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26917]



[[Page 68274]]

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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36362]


New Orleans Public Belt Railroad Corporation--Lease and Operation 
Exemption--Line of Illinois Central Railroad Company

    New Orleans Public Belt Railroad Corporation (NOPB Corp.), a Class 
III railroad,\1\ has filed a verified notice of exemption under 49 CFR 
1150.41 to lease from Illinois Central Railroad Company (IC) and 
operate a line of railroad extending (1) between approximately IC 
milepost 906.1 at Central Avenue near East Bridge Junction in 
Shrewsbury, La., and the end of the track at approximately IC milepost 
908.8 in Jefferson Parish, La., and (2) between approximately IC 
milepost 921.8 at Iris Avenue (approximately IC milepost 908.5 on the 
first segment) and approximately IC milepost 921.14 at Dakin Street 
near Lampert Junction in Jefferson Parish (the Line), a total distance 
of approximately 3.36 miles. Between East Bridge Junction and Iris 
Avenue the Line consists of parallel tracks known as the Main Track and 
the A2 Track.
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    \1\ The verified notice states that NOPB Corp., a wholly owned 
subsidiary of the Board of Commissioners of the Port of New Orleans, 
is a switching and terminal railroad that provides services to local 
shippers and six Class I railroads in the New Orleans area. NOPB 
Corp. began operations in 2018 upon acquiring the railroad operating 
assets of the Public Belt Railroad Commission of the City of New 
Orleans. See New Orleans Pub. Belt R.R.--Acquis. & Operation 
Exemption--Pub. Belt R.R. Comm'n, FD 36149 (STB served Dec. 27, 
2017).
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    The verified notice states that NOPB Corp. and IC will shortly 
execute a Track Lease Agreement providing for NOPB Corp.'s lease and 
operation of the Line and that NOPB Corp.'s operations will include 
providing local service and conducting maintenance on the Line.\2\ 
According to NOPB Corp., existing trackage rights operations of Union 
Pacific Railroad Company and The Kansas City Southern Railway Company 
and operations of the National Railroad Passenger Corporation (Amtrak) 
on the Line will not be affected by the proposed transaction. IC will 
continue to perform dispatching on the Line and will retain rights to 
operate its own trains.
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    \2\ NOPB Corp. currently conducts overhead operations on a 
portion of the Line pursuant to trackage rights previously granted 
by IC. See New Orleans Pub. Belt R.R.--Trackage Rights Exemption--
Ill. Cent. R.R., FD 33182 (STB served Oct. 30, 1996).
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    NOPB Corp. certifies that the proposed transaction does not involve 
any provision or agreement that would limit future interchange with a 
third-party connecting carrier.
    NOPB Corp. further certifies that its projected annual revenues as 
a result of the proposed transaction will not result in the creation of 
a Class II or Class I rail carrier. Pursuant to 49 CFR 1150.42(e), 
which applies ``[i]f the projected annual revenue of the rail lines to 
be acquired or operated, together with the acquiring carrier's 
projected annual revenue, exceeds $5 million,'' on October 31, 2019, 
NOPB Corp. posted the 60-day notice of the transaction required by 
Sec.  1150.42(e) at the workplaces of current IC employees on the Line, 
served the notice on the national offices of the labor unions for those 
employees, and certified both actions to the Board.
    The earliest this transaction may be consummated is December 30, 
2019 (60 days after the certification under 49 CFR 1150.42(e) was 
filed).
    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 December 23, 
2019 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36362, must be filed with 
the Surface Transportation Board either via e-filing or in writing 
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on NOPB Corp.'s representative, 
Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 
800, Chicago, IL 60606.
    According to NOPB Corp., this action is categorically excluded from 
environmental review under 49 CFR 1105.7(e) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: December 9, 2019.

    By the Board, Allison C. Davis, Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2019-26917 Filed 12-12-19; 8:45 am]
 BILLING CODE 4915-01-P