[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Notices]
[Pages 53060-53061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18878]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36419]
New Orleans Public Belt Railroad Commission for the Port of New
Orleans--Acquisition and Operation Exemption--New Orleans Public Belt
Railroad Corporation
New Orleans Public Belt Railroad Commission for the Port of New
Orleans (Railroad Commission), a noncarrier, has filed a verified
notice of exemption under 49 CFR 1150.31 to acquire from the New
Orleans Public Belt Railroad Corporation (NOPB) \1\ and operate
approximately 29.3 miles of rail line and approximately 3.95 miles of
assigned trackage rights. Railroad Commission states that it is a newly
formed political subdivision of the State of Louisiana and is directed
pursuant to state legislation to acquire all of the railroad operating
assets of NOPB.
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\1\ Railroad Commission states that NOPB is a corporate
subsidiary of the Board of Commissioners of the Port of New Orleans
(Port).
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Railroad Commission describes the lines and trackage rights it
seeks to acquire as follows: \2\
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\2\ NOPB was authorized to acquire and operate the segments
described in #1 through #5 and #7 through #9 in New Orleans Public
Belt Railroad--Acquisition and Operation Exemption--Public Belt
Railroad Commission of the City of New Orleans, FD 36149 (STB served
Dec. 27, 2017). NOPB was authorized to lease and operate the
segments described in #6 in New Orleans Public Belt Railroad--Lease
and Operation Exemption--Line of Illinois Central Railroad, FD 36362
(STB served Dec. 13, 2019).
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1. The NOPB main line from the connection with BNSF Railway Company
(BNSF) and Union Pacific Railroad Company (UP) at milepost J8.3 at West
Bridge Junction in Avondale, La., to milepost J1.1 at Southport
Junction in Jefferson, La., and from milepost J0.3 at Lampert Junction
in Jefferson to milepost J0.0 at the Jefferson/Orleans Parish border, a
total distance of approximately 7.5 miles in two sections connected by
the overhead trackage rights described in #7 below. The West Bridge
Junction-Southport Junction section includes the Huey P. Long Bridge.
2. The NOPB main line from a milepost equation at the Jefferson/
Orleans Parish border where milepost J0.0 = milepost 0.26 to the
connection with CSX Transportation, Inc. (CSXT) at milepost 14.2 at
Almonaster in New Orleans, a distance of approximately 13.94 miles.
3. The Burma West Lead in New Orleans from milepost 14.2 at
Almonaster to the end of track at milepost 15.3, a distance of
approximately 1.1 miles.
4. The Burma East Lead in New Orleans from the connection with CSXT
at milepost 14.4 east of the Industrial Canal to the end of track at
milepost 16.3, a distance of approximately 1.9 miles.
5. The Bulk Terminal Lead in New Orleans from the connection with
CSXT at milepost G0.0 east of the Industrial Canal to milepost G1.5, a
distance of approximately 1.5 miles.
6. Parallel line segments owned by Illinois Central Railroad
Company (IC) and leased to NOPB 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, a total distance of
approximately 3.36 miles. (Between East Bridge Junction and Iris Avenue
the leased lines consist of parallel tracks known as the Main Track and
the A1 and A2 Track).
7. Overhead trackage rights on IC from IC milepost 449.9 at East
Bridge Junction in Shrewsbury, La., through Southport Junction (NOPB
milepost J1.1) to IC milepost 921.14 at Dakin Street near Lampert
Junction (NOPB milepost J0.3), a distance of approximately 2.6
miles.\3\ There is a milepost equation at Southport Junction, where IC
milepost 451.7 = IC milepost 921.9.\4\
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\3\ See New Orleans Pub. Belt R.R.--Trackage Rights Exemption--
Ill. Cent. R.R., FD 33182 (STB served Oct. 30, 1996). According to
Railroad Commission, the eastern segment of these trackage rights,
from Southport Junction to Lampert Junction, connects the two
sections of NOPB's main line described in #1 above. Railroad
Commission states that the western segment of the trackage rights,
from East Bridge Junction to Southport Junction, is adjacent to and
north of NOPB's main line between those points.
\4\ Railroad Commission states that the overhead trackage rights
described in #7 overlap with some of the line segments that NOPB
currently leases, as described in #6, particularly with respect to
the IC lines extending between East Bridge Junction and Dakin Street
near Lampert Junction. According to Railroad Commission, despite
this overlap, it will retain the overhead trackage rights described
in #7, which it would exercise if it and IC were to agree to
terminate the lease for the segments described in #6.
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8. Overhead trackage rights on IC from IC Station 120+0.00 (NOPB
milepost 3.4) at Nashville Avenue to IC Station 175+68.09 (NOPB
milepost 4.4) at Valence Street in New Orleans, including the
connection to the NOPB locomotive maintenance facility lead track at IC
Station 163+80.0 (NOPB milepost 4.2) near Upperline Street, a distance
of approximately 1.05 miles.\5\
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\5\ See Ill. Cent. R.R.--Joint Relocation Project Exemption--in
New Orleans, La., FD 33533 (STB served Jan. 16, 1998); Ill. Cent.
R.R.--Joint Relocation Project Exemption--in New Orleans, La., FD
32598 (ICC served Nov. 16, 1994). Railroad Commission states that
these trackage rights are parallel to NOPB's main line described in
#2 above and serve as a bypass around Cotton Warehouse Yard.
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9. Overhead trackage rights on CSXT from the connection with the
NOPB main line described in #2 at CSXT milepost 801.5 at Almonaster in
New Orleans across the Port-owned Industrial Canal Bridge to the
connections with the Burma East Lead and Bulk Terminal Lead described
in #4 and #5, respectively, at CSXT milepost 801.2 in New Orleans, a
distance of approximately 0.3 miles.
[[Page 53061]]
Railroad Commission states that it will also acquire NOPB's
ownership or operating interests in all yard, industry, wharf, and lead
tracks associated with the above line segments, including the Southern
Recycling Lead, East Bridge Yard, Pacific Fruit Express Yard, Cotton
Warehouse Yard, Race Yard, French Market Station, Pauline Yard,
Claiborne Yard, France Yard, North Bulk Terminal Yard, South Bulk
Terminal Yard, and Kingfish Yard. According to Railroad Commission,
upon completion of the transaction, it will be a Class III switching
and terminal railroad, providing neutral local and intermediate
switching service to shippers and six connecting Class I railroads in
the New Orleans area in place of NOPB.
Railroad Commission certifies that its projected annual revenues as
a result of this transaction will not exceed those that would qualify
it as a Class III rail carrier.\6\ Because Railroad Commission's
projected annual revenues will exceed $5 million, on July 2, 2020,
Railroad Commission certified to the Board that it had complied with
the requirements of 49 CFR 1150.32(e) by posting notice on July 2, 2020
at workplaces of NOPB employees and by serving notice on the national
offices of the labor unions representing NOPB employees on the same
date. Railroad Commission further certifies that neither the
legislation governing this transaction nor any of the agreements to
which Railroad Commission would succeed in place of NOPB includes any
provision limiting Railroad Commission's future interchange of traffic
with any connecting carrier.
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\6\ Railroad Commission notes that, because it will operate as a
switching and terminal railroad, it would be classified as a Class
III carrier in any event under 49 CFR pt. 1201, General Instructions
Sec. 1-1(d).
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The transaction may be consummated on or after September 10, 2020,
the effective date of the exemption (30 days after the verified notice
of exemption 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 to stay must be filed no
later than September 3, 2020 (at least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No. FD 36419, 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 Railroad Commission's
representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to Railroad Commission, this action is excluded from
environmental review under 49 CFR 1105.6(c) and from historic
preservation reporting requirements under 49 CFR 1105.8(b)(1).
Board decisions and notices are available at www.stb.gov.
Decided: August 24, 2020.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2020-18878 Filed 8-26-20; 8:45 am]
BILLING CODE 4915-01-P