[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Page 34205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11223]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36686]


Bogalusa and Northern Railway, LLC--Change in Operator 
Exemption--Bogalusa Bayou Railroad, LLC

    Bogalusa and Northern Railway, LLC (BNR), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to permit BNR to 
acquire from Illinois Central Railroad Company (IC) trackage rights 
over a one-mile rail line extending between milepost 68.85, at 
Leescreek, La, and milepost 69.85, at Bogalusa, La. (the Line). The 
Line is currently operated by Bogalusa Bayou Railroad, LLC (BBRR), 
pursuant to a trackage rights agreement between IC and BBRR.\1\
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    \1\ See Bogalusa Bayou R.R.--Acquis. of Trackage Rights 
Exemption Containing Interchange Commitment--Ill. Cent. R.R., FD 
35880 (STB served Dec. 17, 2014).
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    According to the verified notice, BNR and IC have entered into an 
agreement granting BNR restricted overhead rights over the Line limited 
to movements of crude tall oil, crude sulphate turpentine, pulpboard, 
and recycled paper.\2\ IC will also continue to be an operator over the 
Line. The verified notice further states that the transaction will 
effectuate a change of common carrier operator from BBRR to BNR, under 
which, coterminous with BNR's commencement of common carrier 
operations, the current trackage rights agreement between BBRR and IC 
governing BBRR's operations will terminate and BBRR's common carrier 
operations will cease.\3\
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    \2\ BNR has provided public and confidential version of its 
trackage rights agreement. The confidential version was submitted 
under seal concurrently with a motion for protective order, which 
will be addressed in a separate Board decision.
    \3\ BNR states that BBRR is aware of the proposed change of 
operators and concurs in the same.
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    This transaction is related to a concurrently filed verified notice 
of exemption in Rio Grande Pacific Corp.--Continuance in Control 
Exemption--Bogalusa & Northern Railway, Docket No. FD 36687, in which 
Rio Grande Pacific Corporation seeks to continue in control of BNR upon 
BNR's becoming a Class III rail carrier.
    BNR certifies that the agreement between BNR and IC does not 
contain any provision that would limit interchange with a third-party 
carrier. BNR also certifies that its projected annual revenues as a 
result of this transaction will not result in it becoming a Class II or 
Class I rail carrier and that its projected annual revenue will not 
exceed $5 million.
    Under 49 CFR 1150.32(b), a change in operator requires that notice 
be given to shippers. BNR states that it has sent a copy of its 
verified notice to International Paper, the sole customer on the Line.
    The transaction may be consummated on or after June 9, 2023, the 
effective date of the exemption (30 days after the verified notice 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 June 2, 2023 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36686, must be filed with 
the Surface Transportation Board via e-filing on the Board's website or 
in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In 
addition, a copy of each pleading must be served on BNR's 
representative, Karl Morell, Karl Morell & Associates, 440 1st Street 
NW, Suite 440, Washington, DC 20001.
    According to BNR, this action is categorically 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: May 22, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-11223 Filed 5-25-23; 8:45 am]
BILLING CODE 4915-01-P