[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